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HomeMy WebLinkAbout0918 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - SEPTEMBER 18, 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 COUNCIL CHAMBER CONFERENCE ROOM, AT 1:00 P.M. I. CALL TO ORDER tow The meeting was called to order at 2:08 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Wood lead the pledge of allegiance. III. ROLL CALL Members Present: Commissioner Downs Commissioner Richards Commissioner Wood Chairman Crites Members Absent: Commissioner Erwood Staff Present: Ramon Diaz Stan Sawa Steve Smith Phil Joy Al Cablay IV. APPROVAL OF MINUTES: September 4, 1984 wow Approval of the minutes from the September 4, 1984, meeting. Action: Moved by Commissioner Richards, seconded by Commissioner Downs, to approve the minutes of the September 4, 1984, meeting. Carried 4-0. V. SUMMARY OF COUNCIL ACTION Mr. Diaz reviewed the actions of the city council for the meeting of September 13, 1984, as it pertained to the commission. VI. ELECTION OF OFFICERS Moved by Commissioner Wood, seconded by Commissioner Downs, to elect Commissioner Crites as Chairman. Carried 4-0. Moved by Commissioner Downs, seconded by Commissioner Wood, to elect Commissioner Erwood as Vice Chairman. Carried 4-0. VII. CONSENT CALENDAR A. Case No. CUP 15-83 - 1758 PROPERTIES, LTD, Applicant Request for approval of a one year time extension to allow operation of a 2,546 square foot restaurant in the west portion of El Paseo Village located in a C-1 zone at the southeast corner of El Paseo and Lupine Lane. Rec: Approval of request by minute motion. Action: Moved by Commissioner Downs, seconded by Commissioner Wood, to approve the one-year time extension. Carried 4-0. MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18, 1984 VIII. PUBLIC HEARINGS A. Continued Case No. 84-20 - FRANK GOODMAN, Applicant 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. ago Mr. Diaz reviewed the actions of the commission at its previous meeting and the staff report and recommended denial. Chairman Crites opened the public testimony and asked the applicant to address the commission. MR. FRANK GOODMAN, 77-900 Avenue of the States, explained that he was asking for only three units. He requested that the commission override the staff recommendation. He indicated that if it were approved, it would still be presented to city council for approval. Mr. Diaz explained that the commission had no legal obligation to grant the density bonus requested by the applicant. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. Hearing none, Chairman Crites closed the public testimony. Commissioner Wood indicated that he attended a staff meeting with the city council and that he would like some direction from council in writing and felt each project should be evaluated on an individual basis. Action: It was moved by Commissioner Wood to approve the project, but the motion died due to a lack of a second. Moved by Commissioner Richards, seconded by Commissioner Downs, to direct staff to prepare a resolution of denial to be presented at the meeting of October 2, 1984. Carried 3-1 (Commissioner Wood voting nay.) B. 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 proposed project and previous discussions of the commission regarding proposed project. Staff had unresolved questions regarding the renotice for a public hearing, and concern about compliance of the development with the objectives of the hillside overlay. Staff also expressed concern about necessary assurances to protect the city. Mr. Diaz indicated that approval would give the applicant a vested right and the city needs something more definitive before taking such action. Chairman Crites asked the city attorney if the following statement would help alleviate the concern of vested rights: "This agreement is not made to establish a vested interest by the applicant in Phase I or Phase II." Mr. Doug Phillips, city attorney, indicated that it would go a step toward alleviating those concerns. Commissioner Richards indicated that burden of proof lies with the city on whether the applicant should develop the 29 lots in Phase II. -2- MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18, 1984 Chairman Crites opened the public testimony and asked the applicant to address the commission. MR. ALAN PERRIER, 3000 Taquitz McCallum Way, Palm Springs, representing Mr. Fox, indicated that Mr. Fox will tie himself to 29 single- family residential lots. He said that the commission would have a chance to approve any hillside lots at a later date. Mr. Perrier requested that the commission approve the agreement, and noted that this agreement was not a ., development agreement. Mr. Diaz expressed concern regarding the agreement and inquired that if it was not a development agreement, what was it and who signs it to obligate the city. Mr. Diaz requested clarification from the city attorney. Mr. Phillips replied that it seemed to him to be a development agreement. Chairman Crites asked if a development agreement had to be advertised. Commissioner Richards indicated that there has been public hearings advertised all along for the tentative tract map. Commissioner Wood felt that the development agreement should be approved along with the tentative tract map. MR. PERRIER indicated that a public hearing would be required if it was readvertise. He said it was not a development agreement and objected to any further delays. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. MR. DON STAGE, 1313 Sandpiper, expressed concern regarding drainage and flood control. He asked if this would be done prior to construction. Chairman Crites replied that the work would have to be done with the construction of Phase I. MR. STAGE also expressed concern regarding newspaper notification for the hearing. Commissioner Richards explained that the notifications for meetings are published in the paper. A ten minute recess was called at 3:10 p.m. Chairman Crites indicated the following changes should be made: 1) Page 1, Item B. That the term 1984 be changed to 1983. 2) Item C shall remain the same. D, E, and F shall be deleted. Page 2, Item 2. Add " in accordance with any Palm Desert code and that Item 4 be changed to read "If the developer can demonstrate that he can develop parcels consistent with the West Hills Specific Plan and zoning ordinance, with a maximum of 29 lots may be developed in Phase II." MR. Perrier indicated agreement. Mr. Diaz expressed concern regarding Page 2. He indicated that 58 lots are not constructed - 58 units are. Mr. Diaz suggest the elimination of this judgemental term. Mr. Perrier agreed to change the word lots to units. Mr. Perrier indicated that he agreed to the changes and would like the commission to take final action on this matter. Chairman Crites asked if anyone else wished to speak on this matter. Hearing no further testimony, Chairman Crites closed the public testimony. Action: Moved by Commissioner Wood, seconded by Commissioner Richards, to recommend approval to the city council by minute motion of TT 19503 and the Development Agreement. Carried 4-0. -3- MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18, 1984 C. Case No. PM 20217 - CURT DUNHAM, Applicant Request for approval of a parcel map to allow the division of land into four parcels in the PC (4) S.P. zone on 7.28 acres located on the south side of Highway 111, 285 feet east of Shadow Hills Road. Mr. Sawa reviewed the staff report and recommended approval by Resolution No. 988. Chairman Crites noted that the split did not give the applicant any additional rights. Commissioner Downs indicated that if it were approved, the lot would be broken into four parcels and asked if it would remain four parcels in the event of a change of owners. Mr. Sawa indicated that it would remain four parcels. Commissioner Wood asked if the case would come back to planning commission after architectural review. Mr. Sawa replied that the precise plan would come back. Chairman Crites indicated that he and Commissioner Wood met with the applicant to discuss the project. Chairman Crites opened the public testimony and asked the applicant to address the commission. MR. CURT DUNHAM, 73-080 El Paseo. Mr. Dunham indicated that he felt that there was a need for this project here in Palm Desert. MR. CHARLES HAVER, 74-390 Highway 111. Mr. Haver asked for clarification regarding the following conditions of approval: 17) that one power pole will be undergrounded. 22) Change the word driveway to roadway. Mr. Al Cablay noted the clarifications as acceptable. Mr. Cablay felt that another condition should be added regarding the right- of-way to read as follows: Grant a public access easement beyond the east termination by the developer on the final map to accommodate any future frontage road extension to the City of Indian Wells. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. Hearing none, the public testimony was closed by Chairman Crites. Commissioner Richards noted that no one present was opposed to this project. He felt that the project was in an excellent location. Action: Moved by Commissioner Wood, seconded by Commissioner Richards, to adopt the findings as presented by staff. Moved by Commissioner Wood, seconded by Commissioner Richards, to adopt Planning Commission Resolution No. 988, approving PM 20217, subject to conditions as amended. D. Case No. PP 84-35 - KEN SCOTT, Applicant Request for approval of a precise plan of design to allow construction of a four (4) unit apartment complex on the south side of Shadow Mountain Drive at San Pablo. two Mr. Smith showed the site for the proposed project on the video screen and recommended approval. Chairman Crites opened the public testimony and asked the applicant to address the commission. -4- MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18, 1984 MR. KEN SCOTT, applicant, concurred with the staff report. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. Hearing none, Chairman Crites closed the public testimony. Action: Moved by Commissioner Richards, seconded by Commissioner Downs, to adopt the findings as presented by staff. Moved by Commissioner Downs, seconded by Commissioner Richards, to adopt Planning Commission Resolution No. 989, approving PP 84-35. E. Case Nos. PP 84-34 and PMW 84-14 - GENE SALLY for PD 111, INC., Applicant Request for approval of a precise plan of design and lot line adjustment between two lots to allow construction of a 19,000 square foot commercial building in the C-1 zone on 1.2 acres located at the northwest intersection of Highway 111 and Painters Path. Mr. Sawa outlined the salient points of the staff report and recommended approval. Commissioner Richards expressed concern regarding possible traffic problems. Chairman Crites opened the public testimony and asked the applicant to address the commission. MR. JOHN OUTCAULT, 74-133 El Paseo, #11. Mr. Outcault indicated that he had reviewed the conditions of approval and said that on Caltrans' comment #2 regarding the easement through the parking lot, he felt that the applicant would not agree to this. Commissioner Downs inquired how people would access the property if the applicant did not agree to an easement. Mr. Diaz replied that they would access directly onto Highway 111. Mr. Cably indicated that the city was deliberating with Rancho Mirage on what action to take on Parkview regarding possible signalization. MR. OUTCAULT indicated that Painters Path could be cul-de-sated. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. After further discussion, the commission agreed that the case should be continued until some decision has been made by Rancho Mirage and the city. Action: Moved by Commissioner Wood, seconded by Commissioner Richards, to continue this case until October 16, 1984. IX. MISCELLANEOUS ITEMS tow Mr. Diaz explained that an amendment was proposed to the Palm Desert Redevelopment Plan and asked that the commission determine if it was consistent. Action: Moved by Commissioner Wood, seconded by Commissioner Richards, to approved the amendment to the Palm Desert Redevelopment Plan. X. ORAL COMMUNICATIONS -5- MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18, 1984 NONE XI. COMMENTS Chairman Crites suggested that staff attend meetings with applicants when they meet with the city attorney. XH. ADJOURNMENT Moved by Commissioner Richards, seconded by Commissioner Downs, to adjourn the meeting. Carried 4-0. The meeting was adjourned at 4:50 p.m. RAMON A. DIAZ, SecretW ATTEST: o B'U FO RITES, Chairman ;l Am