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HomeMy WebLinkAbout0904 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY -SEPTEMBER 4, 1984 7:00 P.M. - CIVIC 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 loop Chairman Crites called the meeting to order at 7:03 p.m. H. PLEDGE OF ALLEGIANCE - Commissioner Richards III. ROLL CALL Members Present: Commissioner Downs Commissioner Erwood Commissioner Richards Commissioner Wood Chairman Crites Members Absent: None Staff Present: Ramon Diaz Stan Sawa Steve Smith Phil Joy Barry McClellan IV. APPROVAL OF MINUTES: Approval of the minutes of the August 7, 1984, and August 21, 1984, meetings. %UW Action: Moved by Commissioner Downs, seconded by Commissioner Richards, to approve the minutes of the August 7, 1984, and August 21, 1984, meetings. Carried 5-0. V. SUMMARY OF COUNCIL ACTION Mr. Diaz reviewed the actions of the council for the meeting of August 23, 1984. VI. CONSENT CALENDAR NONE VII. PUBLIC HEARINGS A. Continued Case Nos. PP 84-29 and ADJ 84-1 - CHARLES GARLAND , Applicant Request for approval of a precise plan of design and adjustment (to reduce front and rear yard setback) to allow construction of a duplex in the R-2 S.P. zone located on the west side of Portola Avenue, 230 feet south of Shadow Mountain Drive. Mr. Joy reviewed the staff report and recommended approval. Chairman Crites opened the public testimony and asked if the applicant wished to address the commission. The applicant was not present. Chairman Crites asked if there was testimony in FAVOR or OPPOSITION to this case. Hearing none, Chairman Crites closed the public testimony and asked for comments from the commission. Action: Moved by Commissioner Richards, seconded by Commissioner Wood, to approve the findings as presented by staff. Carried unanimously 5-0. MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 4, 1984 Moved by Richards, seconded by Downs, to adopt Planning Commission Resolution No. 983, approving PP 84-29 and ADJ 84-1, subject to conditions. Carried unanimously 5-0. B. Continued Case No. PM 16258 - CARMA DEVELOPERS INC., Applicant Approval of a tentative parcel map to allow consolidation of a recorded tract (4489) into 2 lots on a 28 acre site in a resort commercial zone, located on the south side of Fred Waring Drive between Highway 111 and Painters Path. Mr. Diaz explained that the applicant was requesting a continuance. Chairman Crites opened the public testimony and asked if anyone present wished to speak in FAVOR or OPPOSITION to the case. Chairman Crites closed the public testimony. Commissioner Downs asked how long the applicant wished to continue the case. Mr. Diaz replied 30 days. Action: Moved by Commissioner Downs, seconded by Commissioner Erwood, to continue this case until the meeting of October 2, 1984. C. Continued Case No. TT 19503 - GEORGE FOX, Applicant Request for approval of a 58 lot Tentative Tract Map and Negative Declaration of Environmental Impact for 97 acres within the HPR,D zone located west of the Palm Valley Storm Channel, north of the Palm Desert Community Center. Mr. Diaz reviewed the action of the commission at its last meeting and explained the concerns of staff. Mr. Diaz noted an agreement from the city attorney had just been received. The agreement was not legally wrong, however, staff found planning problems with it (i.e. Page 2, Item 4). Mr. Diaz felt that at this time, he would need to have more time to review a staff recommendation or recommend denial of the map. Chairman Crites explained that commission and staff had not had an opportunity to consult with the city attorney. Chairman Crites opened the public testimony and asked the applicant to address the commission. Commissioner Downs asked if legal counsel for the city was present. Mr. Diaz replied no. MR. ALAN PERRIER, representative of Mr. Fox, addressed the commission indicated that he understood that the public hearing was closed. Chairman Crites explained that the meeting had been continued and was, therefore, still open. Mr. Diaz indicated that during study session, staff explained to the applicant that drainage plans were needed. Mr. Perrier replied that the plans requested were very expensive and that the applicant did not wish to occur this expense and then be met with a denial. Commissioner Downs suggested deleting the section on the 20 units. war Commissioner Richards explained that the commission wants to be able to view the placement of the units on the hillside and that the commission was trying to come up with an acceptable agreement. MR. PERRIER asked for a two week continuance to allow him to consult with the applicant. Commissioner Downs asked if this would create any time limit problems. Mr. Perrier replied no. -2- MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 4, 1984 Chairman Crites asked if any present wished to speak in FAVOR or OPPOSITION to this case. Action: Moved by Commissioner Downs, seconded by Commissioner Erwood, to continue this case to the September 18, 1984, meeting to allow the attorney to consult with the applicant to verify the changing of the language on Page 2, Item 4. two D. Case Nos. C/Z 84-11, PP 84-31, and TT 20351 - WESTAR ASSOCIATES, Applicants Request for approval of a negative declaration of environmental impact, change of zone from PR (3) S.P. (planned residential, maximum three dwelling units/acre) to PC (3) S.P. (regional commercial, scenic preservation overlay), precise plan of design and eight lot subdivision to allow construction of a commercial shopping center containing 126,735 square feet of floor area on 12.5 acres of land bounded by the Palm Valley Storm Channel, E1 Paseo, Painters path, and Highway 111. Mr. Sawa reviewed the staff report and recommended approval. Chairman Crites called a five minute recess at 8:05 p.m. The commission requested verification from staff regarding traffic volume and impacts, employee parking on Painters Path, traffic signalization, and street medians. Chairman Crites opened the public testimony and asked the applicant to address the commission. MR. CHARLES CENCIBAUGH, Home Savings representative, addressed the commission and indicated that Westar had been working with city staff and meeting with the public regarding the proposed project. MR. PETER KOETTING, 2400 N. Palm Canyon Drive, gave an overall view and background on the project using exhibits and explained that he had met with as many residents as possible. MR. PAUL BOSMAN, Mervyn's representative, spoke and indicated that his firm was looking forward to locating in this area and working further with the city staff. Chairman Crites asked if anyone present wished to speak in FAVOR to this case. Being none, Chairman Crites asked if anyone present wished to speak in OPPOSITION to this case. MS. DAPHNE TRIPHON, 1713 Sandpiper, spoke in concern regarding the traffic problems, noise, and parking. MR. DON HEDLAND, 1706 Sandpiper, expressed concern regarding traffic on Painters Path and the rezoning of residential to commercial. MR. DON STAGE, 1313 Sandpiper, said that he felt that the merchants were trying to slow down the growth, and that this project would increase it. Chairman Crites asked the applicant to address the commission. MR. PETER KOETTING indicated that most concerns were regarding traffic, noise, and drainage. He said that the drainage problem would be solved with the construction of the development and that most letters that came in were asking for a postponement, not a denial. -3- MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 4, 1984 Commissioner Downs asked if the applicant would object to a continuance. Mr. Koetting replied that he did object to a long extension, but could be back for the next meeting. Chairman Crites asked the applicant how long a continuance he would agree with. Mr. Koetting replied two weeks. Mr. Charles Cencibaugh addressed the commission and said that they were working on a time schedule to open Mervyn's in the fall of 1985. Chairman Crites closed the public testimony portion of the hearing and asked the commission for comments or questions. Commissioner Richards spoke in objection to any continuance. Commissioner Erwood said that he would be in agreement of a 30 day continuance. Chairman Crites explained that the majority of the effected residents would not be in town until November. Action: Moved by Commissioner Wood, seconded by Commissioner Downs, to continue this case until the meeting of November 20, 1984. Carried 4-1. (Commissioner Richards voting nay.) Chairman Crites called a five minute recess. E. Case Nos. C/Z 84-12, PP 84-32, and TT 16691 - McBAIL COMPANY, Applicants Approval of a change of zone from R-1 12,000 (single family zone requiring minimum 12,000 square foot lots) to PR-5 (planned residential maximum five units per acre), precise plan of design, tentative tract map, and negative declaration of environmental impact to allow construction of a 390 unit residential project (134 detached single family residences and 256 residential condominiums) on 81.6 acres at the southwest corner of Country Club Drive and Portola Avenue. Mr. Smith reviewed the staff report and indicated that a resolution in favor of the project was received from Palm Desert Greens Association. Mr. Smith indicated that if approved, the a condition should be added stating that the applicant agree to join any landscaping and lighting maintenance assessment district which may be formed to provide maintenance to the landscaped median or join any existing district as may be required by the city. Chairman Crites asked if there would be any problem for the fire department. Mr. Smith replied no. Commissioner Richards spoke in regard to the entrances of the project and Palm Desert Greens. Mr. McClellan indicated that Palm Desert Greens had discussed moving their entrance to Portola Avenue. Chairman Crites opened the public testimony and asked the applicant to address the commission. MR. MIKE GALLAGHER, applicant, indicated that he wanted to develop a reasonably priced housing project. Commissioner Richards asked for an approximate cost of this housing. Mr. Gallagher replied under $100,000 for the condominiums and $130,000 for the single family units. Commissioner Wood asked the applicant how many acres of water there was and how deep. Mr. Gallagher replied 25 to 30 acres of water with a depth average of eight feet. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. -4- MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 4, 1984 MRS. NELLIE CARABELLA, resident of Palm Desert Greens Country Club, asked about the entrance of the project and about the signalization. Mr. McClellan replied that signalization would be put in on Portola Avenue and Country Club Drive. Chairman Crites expressed concern regarding water evaporation. Mr. McClellan indicated that more evaporation occurred on grass then bodies of water. to Chairman Crites closed the public testimony. Commissioner Richards said that he felt this was a nice plan for the desert. Action: Moved by Commissioner Richards, seconded by Commissioner Wood, to approve the findings as presented by staff. Carried unanimously 5-0. Moved by Commissioner Richards, seconded by Commissioner Wood, to adopt Planning Commission Resolution No. 984, recommending approval of C/Z 84-12 to the City Council. Carried unanimously 5-0. Moved by Commissioner Richards, seconded by Commissioner Wood, to adopt Planning Commission Resolution No. 985, approving PP 84-32 and TT 16691, subject to conditions as amended. F. Case No. DP 01-82 (Amendment 1) - CARVER MANAGEMENT CORP., Applicants Request for approval of an amendment to a previously approved development plan to allow the construction and operation of an automotive service station with three service bays in the PC (2) zone located at the southeast corner (service station located near intersection) of Monterey Avenue and Country Club Drive). Mr. Sawa reviewed the staff report and indicated that he received a phone call from the owner of Suncrest Country Club in favor of the project. Staff felt that the project was acceptable and recommended approval. Commissioner Wood questioned the time schedule of the service bays. Commissioner Downs felt that the service bays should be open seven days a week. Commissioner Erwood suggested cutting down the hours if there was a problem. Chairman Crites opened the public testimony and asked the applicant to address the commission. MS. SANDRA YAVITZ, Carver representative, asked staff if the required three foot wall could be partially replaced with a berm. Mr. Sawa replied that that was acceptable. Ms. Yavitz indicated that the super market was planned for a later date. MR. JIM HUNTSBERRY, Mobil representative, indicated that the service station should be open on Sundays for people with car problems. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. MR. WARREN PERKINS, 40049 Sagewood Drive, was very concerned about traffic on Country Club Drive, the lack of a buffer zone, cars being worked on, and noise. MR. BERNARD LEUNG, architect, explained that the placement of the station would direct traffic to the corner and that there would be extensive landscaping. -5- MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 4, 1984 MR. BOB RITCHEY, 40349 Sugar Brush Court, expressed concern regarding the signal lights shining in windows, noise, and wall height. Mr. McClellan replied that the lights would only be ten feet high. Mr. Diaz said that a traffic study would have to be made. Chairman Crites closed the public testimony and asked the commission for comments or questions. Commissioner Wood indicated that he felt this would be a good location and felt that the service station and super market times should coincide. Chairman Crites asked about the entrance and exit and asked if there was a guarantee of the completion of phase II. Mr. McClellan replied no. Chairman Crites asked if that could be conditioned and a surety bond posted. Ms. Yavitz indicated that a bond had been posted at the time of parcel map finaling. Mr. Diaz indicated that there is a condition that the wall be completed as part of phase I. Chairman Crites asked what would be a reasonable completion time for the median. Mr. McClellan replied that March 1, 1985, could be the stipulated date. Action: Moved by Commissioner Wood, seconded by Commissioner Richards, to approve the findings as presented by staff. Carried unanimously 5-0. Moved by Commissioner Wood, seconded by Commissioner Richards, to adopt Planning Commission Resolution No. 986, approving DP 01-82 (Amendment 1), subject to the conditions as amended. Carried unanimously 5-0. G. Case Nos. PP 84-19 and PMW 84-13 - FRANK GOODMAN, Applicant Request to allow construction of a four unit apartment structure west of the terminus of Lantana Avenue. Mr. Joy reviewed the staff report and recommended approval. Chairman Crites opened the public testimony and asked the applicant to address the commission. MR. FRANK GOODMAN, applicant, concurred with the conditions. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. Chairman Crites closed the public testimony. Action: Moved by Commissioner Richards, seconded by Commissioner Wood, to approve the findings as presented by staff. Carried unanimously 5-0. Moved by Commissioner Richards, seconded by Commissioner Wood, to adopt Planning Commission Resolution No. 987, approving PP 84-19 and PMW 84-13. Carried unanimously 5-0. =i H. Case No. PP 84-20 - FRANK GOODMAN, Applicant j Request for approval of a precise plan of design to allow construction of a three unit apartment structure in a R-3 zone located on the north side of Candlewood, 150 feet east of Portola and a development agreement pertaining to the utilization of state mandated density bonuses. -6- MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 4, 1984 Mr. Diaz reviewed this case and indicated that the applicant was requesting a density bonus, that the development already exists, and that the present project has an agreement to reduce the rental cost. He explained that three options were open to the commission: 1) to deny the request and allow the applicant to appeal to the city council; 2) continue the matter to allow staff to consult with the city attorney; or 3) approve this request and development agreement. Chairman Crites opened the public testimony and asked the applicant if he would object to a two week continuance. Mr. Goodman replied no, but clarified that the density bonus request was for 10.1% and not 25%. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. Commissioner Wood indicated that he would like to get the opinion of the city attorney in this matter. Action: Moved by Chairman Crites, seconded by Commissioner Richards, to continue this case to the next meeting of September 18, 1984. VIII. MISCELLANEOUS ITEMS NONE IX. ORAL COMMUNICATIONS NONE X. COMMENTS Chairman Crites requested that the air conditioner be turned on prior to the meeting. XI. ADJOURNMENT Moved by Commissioner Erwood, seconded by Commissioner Richards, to adjourn. Carried unanimously 5-0. The meeting was adjourned at 11:22 p.m. t--= A -,k�� AMON A. DIAZ, Secretary ATTEST: % lJ BU ORD ES, Chairman c, Am -7-