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HomeMy WebLinkAbout0207 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - FEBRUARY 7, 1984 7:00 P.M. - CIYIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE � * � * � � � � * � * � � * � * * � � � * � * � � * � � � * � � � A STUDY SESSION WAS HELD PRIOR TO THE MEETING IN THE COUNCIL CHAMBER CONFERENCE ROOM, AT 5:00 P.M. ,�,,, I. CALL TO ORDER Chairman Wood called the meeting to order at 7:02 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 Barry McClellan Steve Smith Phil Joy Linda Russell IV. MAYOR'S PRESENTATION Mayor Snyder and City Clerk Sheila Gilligan presented the commissioners with a �,,,r,, token of appreciation for their services and in helping with the planning and completion of the new civic center. V. APPROVAL OF MINUTES: January 17, 1984 Moved by Commissioner powns, seconded by Commissioner Erwood, to approve the minutes as submitted. Carried unanimously 5-0. VI. SUMMARY OF COUNCIL ACTION Mr. Diaz reviewed the actions of the council for the meeting of January 26, 1984. VII. CONSENT CALENDAR - NONE VIII. PUBLIC HEARINGS A. Continued Case Nos. PP 26-83 and ADJ OS-83 - CHARLES GARLAND, Applicant Request for approval of a precise plan of design to allow construction of a two unit residential structure and an adjustment to allow encroachment into a rear and front setback in an R-2 zone located on the west side of Portola Avenue, 120 feet south of Shadow Mountain Drive. � Mr. Joy explained that this case was continued from the previous meeting in order to clarify the matter of an easement to be dedicated and a drainage problem to be taken care of. Staff recommended approval. Chairman Wood o ened the public hearing and asked if the applicant wished to make a presentation. MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 7, 1984 MR. CHARLES GARLAND, 33-163 Cathedral Canyon Dr., Cathedral City, stated he was in full agreement with the easement dedication. He explained that the previous concerns expressed by some neighbors were resolved. He requested approval. Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. � MR. BILL SETZLER, 73-950 Mountain View, stated his previous concerns have been satisfied. Chairman Wood closed the public hearing and asked for the pleasure of the commission. 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. 924, approving PP 26-83 and ADJ OS-83, subject to conditions. Carried unanimously 5-0. B. Continued Case Nos. PP 23-83 and TT 19824 - KEITH ANDERSON, Applicant (Note: C/Z 11-83 withdrawn) Request for approval of a precise plan of design, tentative tract map and Negative Declaration of Environmental Impact, to allow construction of a 100 unit condominium project on 20 acres located on the west side of Portola Avenue, 660 feet south of Hovley Lane. Mr. Diaz reviewed the staff report and noted all the changes made from the � previously submitted plan which conform to code. Staff recommended approval. Chairman Wood opened the public hearing and asked if the applicant wished to make a presentation. MR. KEITH ANDERSON, Salt Lake City, Utah, felt that the revised plan would meet the needs as pointed out at the last meeting. 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 powns, seconded by Commissioner Crites, to approve the findings as presented by staff. Carried unanimously 5-0. Moved by Commissioner powns, seconded by Commissioner Erwood, to adopt Planning Commission Resolution No. 927, approving PP 23-83, subject to conditions. Carried unanimously 5-0. Moved by Commissioner powns, seconded by Commissioner Richards, to adopt Planning Commission Resolution No. 928, approving TT 19824, subject to conditions. Carried unanimously 5-0. C. Continued Case Nos. CUP 23-83 - SIERRA RED ROBIN CORPORATION, � Applicant Request for approval of a conditional use permit to allow an amusement arcade area within a restaurant in a PC-3 zone (regional commercial) in the Palm Desert Town Center. -2- MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 7, 1984 Mr. Diaz reviewed this case and explained that staff was recommending denial based upon the difficulties the Palm Desert Town Center had been experiencing with the existing arcade. A letter from Doubleday and Company was received requesting denial. If commission wished to approve this matter, Mr. Diaz recommended an added condition to read: "Approval shall be for a six months trial period subject to further review." Commissioner Crites stated that only one letter was received in opposition and felt there should be more specific reasons for the recommended denial. .�.. Chairman Wood o ened the public hearing and asked if the applicant wished to make a presentation. MR. JIM HAGARD, Bellevue, Washington, described the restaurant and the gameroom within. He noted that access to the gameroom would be through the restaurant only. In addition, he provided a detailed outline of the restaurant operation and its patrons at its other locations. The gameroom will not be operated in a manner which will in any way detract from the restaurant or the mall. He requested approval. Commissioner powns asked Mr. Hagard if he would agree to reduce the number of machines to be used from 12 to 8. Mr. Hagard agreed. Chairman Wood asked for the square footage of the arcade within the restaurant. Mr. Hagard replied that it would take approximately 3% of the dining area. Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. � OPPOSITION: MARVIN TISON, owner of The Private Vault in the Palm Desert Town Center, 73-436 Tamarisk, is a member of the Palm Desert Town Center '"""` Merchants Association and stated that a meeting of the merchants association board of directors discussed the problems that they felt could arise with a second arcade. A vote was taken at the meeting with the results in opposition of the arcade. T'hey were in favor of the restaurant but not the arcade. Also discussed was the importance of the kind of image the town center presents to the community. He indicated that none of the merchants were aware of this meeting, therefore could not attend. He also indicated that he had been given to understand that Robert Speigel of May Company and the manager of Bonwit Teller also strongly objected to the proposed gameroom. Commission felt that Mr. Tison could not represent the other merchants without some type of document stating their feelings on this matter. Mr. Tison explained that they were not aware of this meeting. Mr. Diaz explained that legal notifications were sent to all merchants of the December 20, 1983, meeting and at that meeting it was announced that it would be continued to this date and time. Mr. Tison was asked how many actually voted in opposition. Mr. Tison clarified that a majority of the board of directors of the merchants association (11 members on the board of directors) were in opposition. Further discussions continued with the general feeling of the commission being that: The gameroom will occupy 115 sq.ft., 3R6 of the restaurant and have a �" maximum of 8 machines - although this is an amusement arcade within the code the commission felt it should be considered as an ancillary gameroom to the restaurant to entertain customers while waiting. Chairman Wood closed the public hearing and asked for the pleasure of the commission. -3- MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 7, 1984 Moved by Commissioner powns, seconded by Commissioner Richards, to approve the findings as stated in the staff report of December 20, 1983. Carried unanimously 5-0. Moved by Commissioner powns, seconded by Commissioner Richards, to adopt Planning Commission Resolution No. 929, approving CUP 23-83 with 8 machines to be used for the arcade area and a 6 month trial period. Carried unanimously 5-0. � D. Continued Case Nos. C/Z l0-83 and TT 19775 - LEWIS HOMES OF CALIFORNIA, Applicant A 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. Diaz explained that staff is requesting a continuance in order to review information received with the city attorney. Moved by Commissioner Richards, seconded by Commissioner Crites, to continue this matter to February 21, 1984. Carried unanimously 5-0. E. Case Nos. TT 19640 and CUP 21-83 (Amendment �1) - SILVER SPUR ASSOCIATES AND SUN-RAY ENGINEERING, Applicant Request for approval of an amendment to a previously approved conditional use permit and tentative tract map to allow the creation of 40 single family lots in the PR-7, D and PR-7 H zones located in Ironwood Country Club on the south side of Mariposa Drive, at the easterly end of Poinciana Place. � Mr. Diaz reviewed the revised tentative tract map and the revisions proposed. Staff recommended approval. Commissioner Crites asked staff if the applicant was aware of the hillside ordinance and if he would be meeting all its regulations. Staff replied affirmative. Chairman Wood o ened the public hearing and asked if the applicant wished to make a presentation. MR. LARRY SPICER, representative of Silver Spur Associates, 49-200 Mariposa Drive, gave the background to this project and explained the advantages to the amendments proposed. In reviewing the concerns expressed in letters received, he explained that the 16th tee would probably not be moved. He described what lots would have their views obscured and noted that development in that area was always a possibility. Mr. Spicer briefly explained the location and impacts of the storm channel. He also described the elevations in certain portions of the development. Commissioner Crites asked Mr. Spicer if premium prices were paid for cul-de-sac lots with a view. Mr. Spicer replied that they did. Commissioner Crites asked if anyone present wished to speak in FAVOR or j OPPOSITION to this case. � MR. PHILIP CRACKO, Sherman Oaks, representing Chuck Craigs of 73-364 Poinciana, listed a number of serious issues some of which were: 1) hazards of tee locations, and 2) property value. He requested a continuance in order to give the property owners and Ironwood Country Club Association an opportunity to discuss and study this matter together. A count was taken of how many people were present to speak in opposition of this -4- MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 7, 1984 case and being that there were approximately 25 people, the commission felt that perhaps a continuance would be in order to give the applicant an opportunity to satisfy the concerns of all the property owners present at the meeting. Mr. Spicer noted that this request was only an amendment and did feel that the amendment would be an improvement to the original proposal. He felt that since all the drainage and geology issues were measured and presented correctly no continuance is necessary. �.. Chairman Wood announced that the commission would like to see all the issues worked out between the property owners and the applicant, therefore, would like a one month continuance. Mr. Spicer agreed but was optimistic in resolving the problems. MR. DAVE KELM, Surry B.C., Canada, spoke on behalf of F. David Gooding (letter received), who was concerned with the destruction of his view from his home, and also the hazards which may arise from the relocation of the 16th tee. Mr. Kelm felt there were some questions unanswered and also requested a continuance. Moved by Commissioner Crites, seconded by Commissioner Richards, to continue this matter to March 6, at 7:00 p.m. Carried unanimously 5-0. A FIVE MINUTE RECESS VUAS CALLED F. Case No. PM 18764 - CARVER MANAGEMENT CO., Applicant Request for approval of a parcel creating nine (9) parcels for sale, financing and/or leasing purposes on a PC (2) (Planned District Commercial) zoned property approved for a shopping center located at the southeast corner of �, Country Club Drive and Monterey Avenue. Mr. Diaz reviewed the staff report and recommended approval. Mr. McClellan noted an addition to Condition No. 15 to read: "If inedian is installed by applicant, reimbursement shall be made by property owners north of Country Club Drive and west of Monterey, when that property (or properties) is (are) developed for y2 the cost." Chairman Wood opened the public hearing and asked if the applicant wished to make a presentation. MR. STAN MORSE, 73-255 El Paseo, agreed to all the conditions of approval and was present to answer any questions the commission might have. Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION of this case. MR. BOB RITCHEY, 4349 Sugar Loaf Ct., noted that the conditions of approval for a precise plan on this project would be carried forward. Chairman Wood closed the public hearing and asked for the pleasure of the commission. Moved by Commissioner powns, seconded by Commissioner Erwood, to approve the +r,r„ findings as presented by staff. Carried unanimously 5-0. Moved by Commissioner powns, seconded by Commissioner Erwood, to adopt Planning Commission Resolution No. 930, approving PM 18764, subject to conditions as amended. Carried unanimously 5-0. G. Case No. PM 19896 - COOK-HOVLEY STREET PROPERTIES, Applicant -5- MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 7, 1984 Request for approval of a parcel map creating two parcels in the S.I., S.P. (Service Industrial District, Scenic Preservation Overlay) zone located between Cook Street and Eclectic Street, north of 42nd Avenue. Mr. Joy reviewed the staff report and recommended approval. � :� Chairman Wood o ened the public hearing and asked if the applicant wished to � make a presentation. MR. HAROLD HOUSLEY, 74-040 El Paseo, was present for 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. 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. 931, approving PM 19896, subject to conditions. Carried unanimously 5-0. H. Case Nos. PP 21-83 and PMW 09-83 - S.I. RUSSELL, Applicant Request for approval of a precise plan of design, parcel map waiver and Negative Declaration of Environmental Impact to allow a consolidation of 3 lots and construction of an industrial building on 1.1 acres in the S.I. (Service Industrial) zone on the south side of Sego Lane at State � Street. � Mr. Joy reviewed the staff report and recommended approval. Chairman Wood o ened the public hearing and asked if the applicant wished to make a presentation. MR. BOB RITCHEY, architect, was in agreement with the staff report 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 powns, seconded by Commissioner Erwood, to approve the findings as presented by staff. Carried unanimously 5-0. Moved by Commissioner powns, seconded by Commissioner Erwood, to adopt Planning Commission Resolution No. 932, approving PP 21-83 and PMW 09-83, subject to conditions. Carried unanimously 5-0. I. Case No. PP 28-83 - FRANK R. GOODMAN AND ASSOCIATES, Applicant Request for approval of a Negative Declaration of Environmental Impact and a precise plan of design to allow construction of a 5000 square foot commercial building in ,� the C-1, S.P. zone on the north side of Highway 111, 200 feet east of Cabrillo Avenue. Mr. Diaz reviewed the staff report and recommended approval. Chairman Wood o ened the public hearing and asked if the applicant wished to make a presentation. -6- MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 7, 1984 MR. FRANK GOODMAN, 77-900 Avenue of States, Palm Desert, accepted all of the conditions of approval and requested approval. Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. "fhere being none, the public hearing was closed. Moved by Commissioner powns, seconded by Commissioner Richards, to approve the findings as presented by staff. Carried unanimously 5-0. "�"�' Moved by Commissioner powns, seconded by Commissioner Richards, to adopt Planning Commission Resolution No. 933, approving PP 28-83, subject to conditions. Carried unanimously 5-0. J. Case Nos. PM 19318, PM 19320, PM 19321, PM 19322 - PLAZA INVESI'MENT CO., Applicant Request for approval of four parcel maps to allow the creation of four new lots within Monterey Country Club for the purpose of separating existing swimming pools from the golf course. Mr. Diaz reviewed the staff report and recommended approval. Chairman Wood o ened the public hearing and asked if the applicant wished to make a presentation. MR. ALAN LEVINE, 71-537 Highway 111, explained that the purpose of this request was to transfer ownership of the swimming pools from the golf course to the homeowners association. Chairman Wood asked if anyone had discussed it with the property owners. Mr. Levine replied he did not know. �r.r Commissioner powns asked if the property owners were legally notified. Mr. Joy replied that they were and there was no response. Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the public hearing was closed. Chairman Wood believed that the property owners were not aware of this request. Moved by Commissioner Crites, seconded by Commissioner powns, to approve the findings as presented by staff. Carried 4-0-1 (Wood abstained) Moved by Commissioner powns, seconded by Commissioner Crites, to adopt Planning Commission Resolution No. 934, approving PMs 19318, 19320, 19321, 19322, subject to conditions. Carried 4-0-1 (Wood abstained) IX. MISCELLANEOUS ITEMS - NONE X. ORAL COMMUNICATIONS - NONE XI. COMMENTS �""`� The housing element was distributed to commission. Commissioners on the Date Preserve Committee will be Richards and Crites. Commission instructed staff to provide them with information on the feasibility of -7- MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 7, 1984 rezoning a hillside area where a restaurant is proposed to be developed. XII. ADJOURNMENT Chairman Wood adjourned the meeting at 9:42 p.m. i � AMON A. DIA , Secre ry ATTEST: �_ � � � RALPH B. WOOD, Chairman /lr � � -8-