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HomeMy WebLinkAbout1016 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - OCTOBER 16, 1984 2:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE A ONE-HOUR STUDY SESSION WAS HELD PRIOR TO THE MEETING IN THE COUNCIL CHAMBER CONFERENCE ROOM, AT 1:00 P.M. I. CALL TO ORDER The meeting was called to order at 2:06 p.m. H. PLEDGE OF ALLEGIANCE Commissioner Richards lead in the pledge of allegiance. III. ROLL CALL Commissioners Present: Chairman Crites Commissioner Downs Commissioner Richards Commissioner Wood Absent: Commissioner Erwood Staff Present: Ray Diaz Stan Sawa Steve Smith Al Cablay Tonya Monroe IV. APPROVAL OF MINUTES: Approval of the minutes of the meeting of October 2, 1984. Action: Moved by Commissioner Downs, seconded by Commissioner Richards, to approve the October 2, 1984, minutes as amended. Carried 4-0. V. SUMMARY OF COUNCIL ACTION Mr. Diaz reviewed the actions of the city council from the meeting of October 11, 1984. VI. CONSENT CALENDAR NONE VII. PUBLIC HEARINGS E. Continued Case Nos. PP 84-37 and C/Z 84-14 - PAUL MADISON, Applicant Request for approval of a change of zone from R-2 (residential - one unit per 4000 square feet of lot area) to AHDPR-22 (affordable high density planned residential -22 units per acre) and approval of a precise plan of design to allow construction of a 14 unit apartment complex at the southwest corner of San Pascual and Santa Rosa. Chairman Crites explained that the applicant had requested a continuance to November 20, 1984, at 2:00 p.m. Action: Moved by Commissioner Richards, seconded by Commissioner Wood, to continue this case to the meeting of November 20, 1984. Carried 4-0. MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 16, 1984 A. Continued 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 I I I and Painters Path. Mr. Sawa reviewed the background of the case and indicated that the public works department had been instructed to work with the applicant, Caltrans, and Rancho Mirage regarding traffic. Mr. Cablay, from the public works department, said that public works had met with the applicant's architect and engineer to review curblines. He showed the existing curbs and proposed curbs on a wall map. Chairman Crites opened the public testimony and asked the applicant to address the commission. MR. DON SHAYLER, engineer, explained that he spoke to Caltrans regarding a deceleration lane and they did not recommend it. He said that 44 feet from the curbline for three lanes is proposed and adequate for a right turn according to Caltrans. Mr. Cablay clarified the positions of the proposed right-of-ways. He said that an additional 5 feet of right-of-way would make curbs 44 feet from the centerline. Commissioner Richards stressed the importance of traffic safety, and indicated that the applicant should not be the one to contact Caltrans. He felt that staff should get responses from Caltrans in writing. MR. JOHN OUTCAULT, architect, explained that enough space was allowed for medians and three lanes. He felt that the property value (retail wise) would be damaged with the addition of a deceleration lane, which would take an additional 11 feet. Commissioner Wood asked the applicant if he would continue with the project if the deceleration lane was added. Mr. Gene Sally replied no. MS. CHRIS LARSON, attorney, addressed the commission. A FIVE MINUTE RECESS WAS CALLED AT 2:35 P.M. MS. LARSON indicated that she would reserve any comments until after hearing comments from the commission. Mr. Diaz said aspects of what the widening of Highway Ill would entail was discussed. He explained the Park View is 60 feet wide and Painters Path is 40 feet wide, but the centerline aligns. Chairman Crites directed this hearing to be continued until the end of the meeting to allow staff time to work on conditions. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this hearing. MR. SANDY BAUM, 45-800 Deep Canyon Road, expressed concern regarding " the setback of 22 feet and signalization. He indicated that most, if not all, businesses have 30 feet setbacks and parkways. Since this is the entrance to the city, he felt the building should not be that close to the highway. Chairman Crites indicated that forwarding a proposal to city council about signalization had been discussed. -2- MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 16, 1984 Mr. Sawa explained that the setback was different because the applicant's project was in a C-1 zone. MR. OUTCAULT concurred and enforced Mr. Sawa's remarks. He explained that they were in conformance with regulations. Chairman Crites closed the public testimony. %NW Moved by Commissioner Wood to continue this hearing. The motion died due to a lack of a second. The following occurred at the end of the meeting. Mr. Diaz noted that condition #14 should be modified to be to read, "This may include modified curb return on northwest corner to address interior deceleration lane concerns." Chairman Crites requested and received clarification regarding conditions #6 and #9. Commissioner Richards expressed his displeasure with the overall project and felt it was too much project for the site. Commissioner Wood felt it was not an ideal project, but it did meet code. Chairman Crites felt the site should not be zoned C-1 and there should be more setback. However, it did meet code requirements. He noted that the project should be top-notch due to its location. Action: Moved by Commissioner Wood, seconded by Commissioner Downs, to adopt the findings as presented by staff. Carried 3-1 (Commissioner Richards voting nay.) Moved by Commissioner Wood, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 1004, approving PP 84-34 and PMW 84-14, subject to conditions as amended. Carried 3-1 (Commissioner Richards voting nay.) B. Continued Case No. PP 84-41 - BROWN BROSCHE FINANCIAL INC. (Super 8 Motel), Applicant Request for approval of a precise plan of design to allow construction of a 70 unit motel on 1.39 acres in the PC (4) S.P. zone located on the south side of Highway 111, approximately 450 feet east of Shadow Hills Road. Staff indicated that the applicant wished to continue the meeting another two weeks. Chairman Crites asked if anyone was present to speak in regard to this case. Hearing none, he asked for a motion of continuance. Action: Moved by Commissioner Downs, seconded by Commissioner Richards, to continue this case until the meeting of October 30, 1984, at 7:00 p.m. Carried 4-0. C. Continued Case No. PP 84-39 - GARY LEEDS, Applicant wr Request for approval of a precise plan of design to allow construction of a 109 room hotel in PC (4) S.P. zone on 2.27 acres located on the south side of Highway 111, approximately 680 feet east of Shadow Hills Road. Mr. Sawa reviewed the report and indicated that the commercial subcommittee had expressed approval of the proposed project. Staff recommended approval with modification. -3- MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 16, 1984 Commissioner Wood asked the distance between the 6 foot wall and the condominiums. Mr. Sawa replied that there was a buffer of 30 to 60 feet. Chairman Crites asked if there were any reason not to continue the road. Mr. Sawa replied that Indian Wells was not interested at this time in extending that road. Chairman Crites asked if staff would talk with Indian Wells. Mr. Sawa replied that he would, and that he would find out if any projects are planned in that area in the vi near future. Chairman Crites asked about the usable open space for the project. Mr. Sawa demonstrated on the map which areas were open to the sky. Commissioner Richards asked how many units were proposed per acre. Mr. Sawa replied approximately 50. Commissioner Richards asked how many units per acre were allowed for the Granada Royale. Mr. Sawa replied approximately 30, because this was approved before the density maximum change. Commissioner Richards expressed concern regarding staff's interpretation of open space. Chairman Crites opened the public hearing and asked the applicant to address the commission. MR. JOE PISCOTTA, 4470 Park Boulevard - San Diego, told the commission that the towers on the project were the maximum 35 feet. He felt that any portion not directly in the sun could be used for shuffle board, lounging areas, etc. Chairman Crites asked if the applicant was covering 25% of the open space, 10% of the total project space. Mr. Piscotta answered yes. ri MR. GARY LEEDS, the applicant, indicated that he was very proud of the project and felt that it would be an asset to Palm Desert. Commissioner Wood asked the price of the rooms. Mr. Leeds replied between $75 and $90. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this project. Hearing none, the public testimony was closed. Commissioner Wood indicated that the three hotels had received a lot of publicity. He said that since the citizens' groups had not opposed the project, he would not either. Commissioner Downs asked if there was any problem with 50 units per acre. Mr. Sawa replied that it is permissible. Commissioner Downs indicated that he liked the open atrium area, but questioned the interpretation of open space. Commissioner Richards did not agree with staff's interpretation of usable open space. Moved by Commissioner Wood to approve the project. The motion died due to a lack of a second. Action: Moved by Commissioner Richards, seconded by Commissioner Downs, continue ' hearing to allow applicant time to change plans, and instruct staff to prepare a resolution of denial with findings per open space noncompliance. Carried 4-0. D. Continued Case No. PP 84-40 - HOTEL PROPERTIES, Applicant Request for approval of a precise plan of design to allow construction of a 116 room hotel and 3,000 square foot -4- MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 16, 1984 restaurant on 2.27 acres in the PC (4) S.P. zone located on the south side of Highway 111, approximately 285 feet east of Shadow Hills Road. A TEN MINUTE RECESS WAS CALLED AT 3:51 P.M. Mr. Sawa reviewed the staff report. He explained that staff's was concerned regarding open space and specified that the findings could not be met in this case. Staff recommended denial. MR. GEORGE HOLQUIN, architect, expressed his intent to asked for a continuance to November 20, to allow time to work with staff. Action: Moved by Commissioner Downs, seconded by Commissioner Richards, to continue this case to the meeting of November 20, 1984. Carried 4-0. F. Case Nos. C/Z 84-15 and PM 20212 - D do D DEVELOPMENT, Applicant Request for approval of a change of zone from R-1 (single family residential) to PC (4) S.P. (resort commercial with scenic preservation overlay) for approximately .76 acres at the northwest corner of Fred Waring Drive and Joshua Road and for approval of a parcel map to create six (6) parcels on 17.78 acres located on the east side of Highway 111, between Fred Waring Drive and Parkview Drive. Mr. Sawa reviewed the staff report and recommended approval of the project. Chairman Crites opened the public testimony and asked the applicant to address the commission. *,,AV MR. CHARLES HAVER, 74-390 Highway 111, felt that the conditions were acceptable except that public work's were broad. He thought they applied to the precise plan, and not a part of the parcel map. Mr. Cablay explained that it did not say prior to recordation of final map. Commissioner Wood asked Mr. Haver if that answered his concerns. Mr. Haver replied yes. Mr. Sawa said that that was something that Mr. Haver would show on the final map. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. Chairman Crites asked staff if the Highway III access should be discussed at that time. Staff concurred. Chairman Crites suggested that a condition be established that any entrance off Highway 111 be right-turn only and that provision not be made for a break in the median for a left-turn lane. Commissioner Wood asked if this would also apply to PP 84-43. Mr. Cablay replied yes. MR. HAVER felt that this should be put to a traffic study. He expressed concern with the limitations of only right-turns in and at least want a left turn in. vow Mr. Diaz explained that at the present time there were not breaks in any medians. He noted that the applicant may apply at any time for one in the future. Commissioner Wood asked Mr. Phillips if granting the change of zone was in any way contiguous with granting the parcel map. Mr. Phillips responded yes. Action: -5- MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 16, 1984 Moved by Commissioner Downs, seconded by Commissioner Richards, to adopt the findings as proposed by staff. Carried 3-1 (Commissioner Wood voted nay.) Moved by Commissioner Downs, seconded by Commissioner Richards, to adopt Planning Commission Resolution No. 998, approving PM 20212, subject to conditions as amended by Chairman Crites. Carried 3-1 (Commissioner Wood voting nay.) Moved by Commissioner Downs, seconded by Commissioner Richards, "N recommending approval of C/Z 84-15 by the adopting of Planning Commission Resolution No. 999. Carried 3-1 (Commissioner Wood voted nay.) G. Case No. PP 84-43 - BIRTCHER-DUNHAM, Applicants Request for approval of a Negative Declaration of Environmental Impact and a precise plan of design to allow construction of a 165,000 square foot one story commercial center (restaurants, retail uses and offices) on 13.7 acres located at the southeast corner of Park View Drive and Highway 111. Mr. Sawa reviewed the staff report and recommended approval of the proposed project. Mr. Cablay clarified that the condition #37 was contingent upon the approval of the Gene Sally precise plan regarding signalization. Commissioner Downs and Chairman Crites expressed concern regarding the signalization and occupany by the applicant. Mr. Cablay indicated that the money for the signalization was not included in the budget. Mr. Diaz replied that the applicant could be conditioned to pay or bond for the signalization of the intersection for his fair share as determined by the director of public works. The too applicant could then apply to the city council for reimbursement. Commissioner Downs agreed with that except for the limit on tenant occupancy. Chairman Crites opened the public testimony and asked the applicant to address the commission. MR. CURT DUNHAM, applicant, asked for and received clarification of the suggested condition. Mr. Dunham felt that the project did not warrant a traffic signal and felt that not having left-turn access would hurt the project. Commissioner Downs suggested deleting condition #37. Mr. Diaz indicated that the new condition replace #37 and add that the applicant may request that the cost be credited against his signal fees. Chairman Crites clarified that the traffic analysis would determine if the project needed a traffic signal. Commissioner Downs indicated that the traffic signalization and occupancy should be two separate issues. Commissioner Richards stated that he would like the signal there, regardless of any traffic study. Commissioner Wood asked Mr. Phillips if the commission could condition the applicant to install a signal without the analysis. Mr. Phillips "' recommended having the study done. Mr. Cablay explained to the applicant that the traffic study could work in favor of the applicant with regard to a median break in Highway 111. MR. DUNHAM then described the proposed project. -6- MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 16, 1984 MR. HAVER asked that on condition #13 the word on-site be stricken. Commission agreed. Mr. Haver asked for clarification regarding the installation of the curbs and gutters along the ditch on Park View Drive. Mr. Cablay replied that it was only required on the undeveloped frontage. Chairman Crites asked if anyone wished to speak in FAVOR or OPPOSITION to the project. Ms. Sara Miller, 72-440 Cholla, expressed concern regarding the sewers, flooding, and the power poles. Mr. Haver replied that at that time there were no plans for sewer hook-up. He explained that the proposed when approved will provide safe ingress and egress. Mr. Cablay indicated that with the elevation, flooding should not present a problem. Chairman Crites closed the public testimony and asked if the commission had comments. Commissioner Richards spoke against having more small shops and felt that the area should be saved for larger projects. He thought, though, that the project was attractive and said he would vote in favor of it. Commissioner Downs indicated that with the deletion of #37 he was in favor also. Mr. Diaz stated the proposed revised wording for condition #37. Chairman Crites also indicated the addition of #39 that no left-turn access into the project be granted at this time pending a traffic analysis. Action: Moved by Commissioner Richards, seconded by Commissioner Downs, to adopt the findings as presented by staff. Carried 4-0. Moved by Commissioner Richards, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 1000, approving PP 84-43, subject to conditions as amended. Carried 4-0. H. Case No. PP 84-38 - CRS DEVELOPMENT, Applicant Request for approval of a Negative Declaration of Environmental Impact and a precise plan of design to allow construction of three industrial buildings with a total of 38,240 square feet in the S.I., S.P. (Service Industrial with a Scenic Preservation Overlay) zone on 2.34 acres located at the northeast corner of Cook Street and St. James Place. Mr. Smith outlined the salient points of the staff report and added two conditions for Fringe-toed Lizard fees and potential mutual access of the driveway. Staff recommended approval. Chairman Crites opened the public testimony and asked the applicant to address the commission. MR. CHUCK STRAUS, CRS Development, concurred with Mr. Smith's outline and agreed to the conditions. wr. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSTION to the project. Hearing none, he asked for a motion. Action: Moved by Commissioner Richards, seconded by Commissioner Downs, to adopt the findings as presented by staff. Carried 4-0. -7- MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 16, 1984 Moved by Commissioner Richards, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 1001, approving PP 84-38, subject to conditions as amended. Carried 4-0. I. Case No. PP 84-42 - WILLIAM URBAN, JR., Applicant 41 Request for approval of a Negative Declaration of Environmental Impact and a precise plan of design to allow construction of an industrial building (two story) with 16,000 square feet in the S.I., S.P. (Service Industrial with a Scenic Preservation Overlay) zone on .91 acres located at the southeast corner of Boardwalk and St. Charles Place. Mr. Smith outlined the salient points, added a condition for the Fringe-toed Lizard fee, and recommended approval. Chairman Crites opened the public testimony and asked if anyone present wished to speak in FAVOR or OPPOSITION to this project. Hearing none, Chairman Crites asked for a motion. Action: Moved by Commissioner Downs, seconded by Commissioner Wood, to adopt the findings as presented by staff. Carried 4-0. Moved by Commissioner Downs, seconded by Commissioner Wood, to adopt Planning Commission Resolution No. 1002, approving PP 84-42, subject to conditions as amended. Carried 4-0. J. Case No. ZOA 84-2 - CITY OF PALM DESERT, Applicant Request for approval of an amendment of Section 25.86.050 of the zoning ordinance pertaining to appeals of planning commission decisions. Mr. Diaz explained that the amendment would make the appealing procedure in- line with recent judicial procedures. Chairman Crites opened the public testimony and asked if anyone present wished to speak in FAVOR or OPPOSITION to this amendment. Hearing none, Chairman Crites closed the public testimony and asked for a motion. Action: Moved by Commissioner Wood, seconded by Commissioner Richards, adopting Planning Commission Resolution No. 1003, recommending to city council approval of ZOA 84-2. Carried 4-0. IX. MISCELLANEOUS ITEMS Commissioner Downs indicated that he would like a bell to notify anyone outside when a recess is over. Also, he suggested that ash trays be placed in the lobby to prevent cigarettes being scattered over the grass and sidewalk. Moved by Commissioner Downs, seconded by Commissioner Richards, that a bell be placed outside and ash trays installed. Carried 4-0. X. ORAL COMMUNICATIONS NONE XI. COMMENTS Commissioner Wood asked for and received clarification on a condition concerning the Birtcher-Dunham project. -8- MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 16, 1984 XII. ADJOURNMENT Moved by Commissioner Richards, seconded by Commissioner Wood, to adjourn the meeting to October 30, 1984, at 7:00 p.m. Carried 4-0. The meeting was adjourned at 5:45 p.m. RA ON A. DIAZ, Sedr`etqtq ATTEST: ---� /Y. oy BUFORD CRITES, Chairman /tm -9-