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HomeMy WebLinkAbout0515 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - MAY 15, 1984 2:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE � * * * * � � * * � * * * * * * * * * * * * * * * * * * * * * � * � A STUDY SESSION WAS HELD PRIOR TO THE MEETING IN THE CONFERENCE ROOM, AT 130 P.M. I. CALL TO ORDER - 2:05 P.M. II. PLEDGE OF ALLEGIANCE - Commissioner powns � III. ROLL CALL Members Present: Commissioner Crites Commissioner powns Commissioner Erwood Chairman Wood Excused Absent: Commissioner Richards Others Present: Ramon A. Diaz Steve Smith Phil Joy Barry McClellan Linda Russell IV. APPROVAL OF MINUTES: May 1, 1984 Moved by Commissioner powns, seconded by Commissioner Crites, to approve the minutes as s�bmitted. Carried unanimously 4-0. V. SUMMARY OF COUNCIL ACTION � Mr. Diaz reviewed the actions of the council for the meeting of May 10, 1984. 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 a�dience request specific items be removed from the consent calendar for separate discussion and action. A. Case Nos. DP 04-81, TT 15634 and 225 MF - SAN CLEMENTE GROUP DEVELOPMENT CORP. AND ENGINEERING SERVICE CORP., Applicants Request for approval of a one year time extension for a development plan, tentative tract map and architectural review case to allow 51 condominium units on 10.5 acres located on the south side of Parkview Drive, west of Fairhaven Drive. Rec: Approve as presented by staff. Moved by Commissioner powns, seconded by Commissioner Erwood, to approve the consent calendar item as presented by staff, denying the one year time extension request. Carried unanimously 4-0. Commissioner powns noted that this decision was consistent with other similar requests in the past. �.. VII, PUBLIC HEARINGS A. Continued Case No. CUP 84-1 - DONALD McMILLAN for TOP OF THE DESERT LTD, Applicant Request for approval of a conditional use permit and Negative Declaration of Environmental Impact to allow construction and operation of a 12,000 sq.ft. restaurant in a general commercial zone located on the west side of Highway 111, 300 feet northwest of Painters Path. MINUTES PALM DESERT PLANNING COMMISSION MAY 15, 1984 Mr. Joy gave the staff report and noted that it was continued from the May lst hearing for further study. Staff focused on the main concerns being aesthetics and a 15% slope of the road. Mr. Joy noted a letter was received by the City of Rancho Mirage requesting a continuance for further study. Commissioner Crites asked what options were available in terms of what can be done to the property other than for restaurant use. Mr. Joy replied that at the time the West Hills Plan was adopted part of this property was rezoned to general commercial, prior to that it was zoned open space. Residential uses are strictly � prohibited in commercial zones. "r"�'` Mr. Diaz added that open space zones allow restaurant uses with a conditional use permit and that the hillside overlay ordinance may provide that 3 houses can be built on that property if zoned planned residential. Commissioner Crites asked what the slope would be of most of the development. Mr. Joy replied 15% to 25%. Commissioner Crites asked what the maximum height for that zone was. Mr. Joy replied 30 feet. Commissioner Crites asked what the driveway would be made of. Mr. Joy replied black asphalt. Mr. Diaz at this time read the interpretation of the open space zone, which includes a recreation oriented restaurant use under a conditional use permit. Commissioner powns asked if the city could have more control of the zone if a public facility was built instead. Mr. Diaz explained that under the city's development standards the city has more control zoned as commercial. Commissioner Erwood asked what the average width of the road leading to the restaurant was including the shoulders. Mr. Joy replied that the road itself was 30 feet wide and an additional 2 feet for the shoulders. Commission also inquired what the average cut of the road would be. Mr. Joy explained that 15 feet would be the average cut in height with a 1lh:l ratio maximum proposed, if soils report allows. � Chairman Wood o ened the public hearing and asked if the applicant wished to make a presentation. MR. DONALD A. McMILLAN, briefly gave the background to this property and explained how the aesthetic concerns would be mitigated as much as possible. He has received input from many agencies that have been favorable. Mr. McMillan explained that his restaurant would consist of middle to higher fine dining with the second floor to be used as a party/banquet area. He introduced his architect and engineer. MR. FRANK URRUTIA, architect, emphasized their intent to blend in the natural look as much as possible to mitigate the aesthetic problems as much as possible. Chairman Wood asked for an overall view of the restaurant from the Valley's floor. Mr. Urrutia explained that because of the height of the top of the mountain, it minimizes the view from the floor. Mr. Urrutia added that the restaurant itself would be built of rock formation and glass. Commissioner powns asked since the road was originally proposed to be made of rock why is it black asphalt now. Mr. Urrutia replied that because of cost factors and safety it was more practical to go with black asphalt. Commission expressed concern with the color of the roadway. � MR. BRUCE STANFORD, engineer, stated he has not worked with anything else other than black asphalt but could investigate further. Mr. Diaz pointed out that if a chip seal was used it would create the brown color. -2- MINUTES PALM DESERT PLANNING COMMISSION MAY 15, 1984 It was further explained that the treatment to soils with the proposed Eonite could create a darker or lighter affect and make it blend in. Commissioner Crites remained concerned with the elevations of the building. Mr. McMillan explained that at 240 feet up and the building being 16 feet high, is less than 7% of the total height. Chairman Wood called for those in FAVOR of the project. �,,,,, MR. DON DRISKEL, president of Board of Realtors, felt that this development would produce a landmark and conversation piece in the city. He also felt it would enhance the city and requested approval. MR. DON McNEILLY, executive director of Chamber of Commerce, explained that dining out has become a recreation in this area and this development would certainly fit into the ambiance of Palm Desert and will be a beautiful place. Chairman Wood called for those in OPPOSITION of the project. MR. CURTIS TOWLE, Rancho Mirage, retired president of the Magnesia Falls Property Owners Association, was very concerned with the noise impacts. Commissioner Crites asked the distance of the nearest resident in that area lived to the proposed development. Mr. Towle stated that it was about 100 yards going up Desert Drive. Commissioner Crites asked what the zoning was across the vacant lot in the area adjacent to the project. Mr. Towle explained that the deed restrictions call for R- 1 adjacent to the proposed restaurant and it was so indicated on Magnesia Falls Property Owner's Association maps. ;,;,,,,� Mr. Diaz explained that the official zoning map in the City of Rancho Mirage shows it as commercially zoned property. Mr. Diaz asked if the 100 yards to the nearest resident was from the building itself or from the highway entrance. Mr. McMillan replied that at the base of the hill is 7.11 acres that is considered as C-1 zoning and explained the distance from that to his property line is approximately 700 feet. He pointed out that Highway 111 is closer to the residents on Desert Drive. Commissioner Crites asked what was the projected number of vehicles per day up the road leading to the restaurant. He also expressed a concern for commercial vehicles making deliveries at early or late hours. MRS. KAY CRAIG, was concerned with whether or not a geological survey had been done for that area and the possibility of slippage. She believed more traffic hazards would be generated and strongly advised for a geological survey. MR. S1'EVE CALKINS, 43-301 Portola, felt the slope would be too steep coming down the mountain, especially for people who had been drinking at the restaurant. MR. GEORGE BARBER, 71922 Desert Dr., Rancho Mirage, was concerned with lighting, noise, and delivery trucks impacts. He asked the commission to restrict the hours of the delivery trucks. � Mr. Diaz explained that the lights would be 10 to 20 feet in height and if the commission wished a condition could be added to restrict the height. Also, a condition could be added to restrict the hours of delivery time. In terms of noise impact, Mr. Diaz noted that noise travels upward so should not be a problem. Commissioner Crites asked staff what the affects would be in this case for light spillover. Mr. Diaz stated that parking would be to the rear of the restaurant and if commission wished it could be handled to assure that no light spillover occurs. -3- MINUTES PALM DESERT PLANNING COMMISSION MAY 15, 1984 MR. FRANK LITTLE, 72929 Bel Air Rd., felt this development would take away the beauty of the area. MR. FRANK WAITE, Magnesia Falls, asked what road would be used to build the restaurant on top of the hill. Mr. McMillan replied that they do not intend to use the road that is already there �. originating at (Desert Drive). � :� � Chairman Wood called for a REBUTTAL: � MR. URRUTIA in answer to a question about the zoning of that property, stated that the zoning in Rancho Mirage is PUD-C and this was verified in the Rancho Mirage Planning Commission study session last week. In regards to light spillover, the restaurants require low lights, but safety lighting would be necessary. In addressing the noise issue, he stated that the nearest existing resident is about 1000 feet from the road. In regards to traffic, Mr. Urrutia explained that there is traffic generated from the storage shed at the end of Desert Drive, owned by Hoams Pools. MR. S"fANFORD, in addressing the geological survey issue, stated that they would be retaining a soils engineer and they have already requested a geological testing and seismic testing. The grade on the access road is 15% at its steepest point but they will have spots at 10% and 1296, and reminded commission that a condition has been recommended by staff that they would have to meet with the traffic committee. Commissioner Crites asked what the percentage of the road to the restaurant would have a 15% slope. Mr. Stanford replied about 45% of the road. He added that Caltrans required them to put a bridge at Magnesia Falls and they will also be widening Hwy 111. They are exceeding the requirements by Caltrans. MR. McMILLAN assured commission that they are the last ones who would � want a slippage to occur, therefore, would do everything possible to prevent ,,,,,� any danger from happening. As far as fire access, the fire marshal has already approved the proposed road to the restaurant. He also assured commission that delivery would take place during normal working hours. In answer to an earlier question about the number of vehicles projected, he stated that from statistics he expects about 2.5 persons per car at 300 to 350 people during the peak period. Commissioner Crites asked how much native landscaping would there be. Mr. Urrutia replied that they do not intend to use any unacceptable plant materials, they intend to provide a landscaping scheme more of a native nature. Commissioner Crites asked Mr. McMillan if he had any objections to an amendment to Condition No. 11, deleting "...unless owner receives prior planning commission approval." Mr. McMillan had no objections. Chairman Wood closed the public hearing. Because there was one other person that wished to address the commission, the public hearing was reopened. MR. PAUL MOLLER, owner of property south of the proposed project, felt that the restaurant would be a good addition to the area. Chairman Wood closed the public hearing and asked for the pleasure of the commission. � =< Commissioner Crites felt that this project was presented to them in the best +� possible design but still had quite a few concerns: Cut and fill; view of the road; carving of top of the hill for parking; and noise impact is still a question. Commissioner powns requested that a condition be added to restrict the delivery trucks to 11:00 a.m. to 3:00 p.m. Also, the color of the roadway to match the color of the site. -4- MINUTES PALM DESERT PLANNING COMMISSION MAY 15, 1984 Commissioner Erwood felt that the use of property would be too intense. He had concerns for the percentage of slope to the road; he also felt there was a significant amount of cutting and grading. He believed the zoning for that property was questionable. Chairman Wood felt that the property is zoned properly and pointed out that there was only one owner of the entire hill. He felt the restaurant would be enhancing to the area and gave examples of other restaurants on top of a hill. He felt with those conditions added the city would have complete control of the development. � Moved by Commissioner Crites, seconded by Commissiner Erwood, to deny the requested CUP 84-1. VOTE: AYES:Crites, Erwood NOES: Wood, Downs Because of a lack of majority vote, this item was automatically continued to June 5, 1984, at 7:00 p.m. B. Continued Case No. ZOA 84-2 - CITY OF PALM DESERT, Applicant An amendment to reestablish 450 sq.ft. minimums for studio apartments. Mr. Diaz explained that this request was withdrawn based on clarification from city council that 600 sq.ft. be the minimum for studio apartments. C. Case No. PP 84-9 and VAR 84-1 - RALPH SANTOPIETRO, Applicant Request for approval of a precise plan of design for four (4) residential units on a 10,700 square foot lot on the east � side of San Rafael, 230 feet north of San Gorgonio Way and variances to reduce the required rear yeard setback from 10 feet to 5 feet and to reduce the required on-site parking from 8 spaces to 6 spaces. Mr. Smith gave the staff report explaining that the reasons for the difficulty of developing a plan on the site is because of the one story limitation, a public works requirement of a 5 ft. dedication, and the necessity of 885 sq.ft. units. The plan required two variances: rear yard setback and on-site parking. Staff recommended approval. Commissioner Crites cited that if residents use the driveway for parking it blocks other parking spaces; this was one of the problems staff felt necessitated for a variance. Commissioner Crites asked what the landscaping is proposed for the rear yard area. Mr. Smith replied that this matter would be before the architectural review commission and added that a condition could read: "The rear yard area shall be intensely landscaped in addition to the proposed fence." Commissioner powns asked if there was an exit access proposed. Mr. Smith replied that if one is required by the building department it would be provided. Chairman Wood was concerned with the 5 foot setback. Mr. Smith noted that all the property owners were notified and no comments were received. In addition, � Mr. Diaz stated that the developer had a right to develop 4 units on that lot under the city's zoning requirements. Chairman Wood o ened the public hearing and asked if the applicant wished to make a presentation. MR. CHARLES MARTIN, 73-725 El Paseo, described the plan and clarified some concerns expressed by commission and requested approval. Commissioner powns asked if the windows could be installed more conveniently for the handicap. Mr. Martin replied that he would clarify with the building department in regards to meeting hanc�icap requirements. MINUTES PALM DESERT PLANNING COMMISSION MAY 15, 1984 Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION to this matter. MR. JIM UREK, owner of four lots, 44-500 San Rafael, strongly urged against on-street parking and the variance. Commissioner Crites asked Mr. Martin what provisions were made for storage. Mr. Martin replied that there would be storage in the "nose" of the garage. MR. RALPH SANTOPIETRO, owner, explained that when they had to '""'� dedicate the 5 foot setback that created all the problems. He has tried to minimize any problems that might arise from this proposal. Commissioner Erwood asked the applicant if the lease agreement would indicate that they are not to �se the garages for storage. Mr. Santopietro replied yes. Chairman Wood closed the public hearing. Commission discussed the on-street parking concern but agreed that because the city is requiring the 5 ft. dedication and because the garage areas will be used strictly for car parking this would minimize the problem. Two conditions were to be added: "Wing walls at rear to be deleted. Intensive verticle screening to be planted along rear wall." Moved by Commissioner Erwood, seconded by Commissioner powns, to approve the findings as recommended by staff. Carried unanimously 4-0. Moved by Commissioner Erwood, seconded by Commissioner powns, to adopt � Planning Commission Resolution No. 950, approving VAR 84-1 and PP 84-9, subject to conditions as amended. Carried unanimously 4-0. D. Case No. PP 84-11 and PMW 84-4 - EDWARD TUNISON AND CHARLES MARTIN, Applicants Request for approval of a precise plan of design to allow construction of an 11 unit apartment complex and a parcel map waiver to consolidate the existing three lots into one lot for a 28,000 square foot site located on the east side of Sunset Lane between El Camino and Abronia Trail. Mr. Smith gave the staff report and recommended approval. Chairman Wood opened the public hearing and asked for a presentation from the applicant. MR. CHARLES MARTIN, architect, described the project and explained why the project was designed as proposed. Chairman Wood called for input in FAVOR or OPPOSI'TION. There being none, the public hearing was closed. � Moved by Commissioner Crites, seconded by Commissioner powns, to approve the � findings as presented by staff. Carried unanimously 4-0. Moved by Commissioner Crites, seconded by Commissioner powns, to adopt Planning Commission Resolution No. 951, approving PP 11-84 and PMW 84-4, subject to conditions. Carried unanimously 4-0. -6- MINUTES PALM DESERT PLANNING COMMISSION MAY 15, 1984 VIII. MISCELLANEOUS ITEMS A. Case No. C/Z 84-3 and PP 84-7 - BEAUCHAMP REALTY RESOLUTION OF DENIAL /�pplicant withdrew request. IX. ORAL COMMUNICATIONS - NONE �,,, X. COMMENTS Commissioner Crites commended staff for their excellent presentations. XI. ADJOURNMENT Moved by Commissioner Crites, seconded by Commissioner powns, to adjourn the meeting at 5:15 p.m. �-- /Q • ` AMON A. DIAZ, Secretary ATTEST: �� ;- ---.�� -��� �y���'.�' ��6�'--��- ��.-r� RALPH B. WOOD, Chairman /lr � �. -7-