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HomeMy WebLinkAbout0205 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY -FEBRUARY 5, 1985 7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED Vf/ARING DRIVE * � * * * � � * � � � � * * * * * * � � � � � � � � � * � * � � � A STUDY SESSION WAS HELD PRIOR TO THE MEETING IN THE COUNCIL CHAMBER CONFERENCE ROOM, AT 6:00 P.M. � I. CALL TO ORDER The meeting was called to order at 7:05 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Wood lead in the pledge of allegiance. III. ROLL CALL Members Present: Buford Crites, Chairman Richard Erwood 7ames Richards Ralph Wood Members Absent: Bob Downs Staff Members Present: Ray Diaz Jeff Patterson Stan Sawa Phil Joy A1 Cablay Tonya Monroe � IV. APPROVAL OF MINUTES: Request for approval of minutes of January 15, 1985, meeting. Action: Moved by Commissioner Wood, seconded by Commissioner Erwood, to approve the minutes of January 15, 1985, as submitted. Carried 4-0. V. SUMMARY OF COUNCIL ACTION Mr. Diaz gave a summary of city council actions from its January 24, 1985, meeting. VI. CONSEN'I' CALENDAR A. Case No. PMW 85-2 - FRANCISCO J. URRUTIA, Applicant Request for approval of a parcel map waiver to consolidate two lots into one in the R-2 one at the northwest corner of Alessandro Drive and De Anza Way. B. Case No. CUP 16-82 - GALLERIA PROPERTIES, Applicant `�`�` Request for approval of a one year time extension for a 3300 square foot restaurant within the Galleria Center at the southeast corner of El Paseo and Ocotillo. C. Case Nos. PP 15-83 and TT 19619 - ARMADILLO 10INT VENTURE, Applicant Request for approval of a one year time extension for a tentative tract and precise plan for a hotel at the southwest corner of Cook Street and Country Club Drive. MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 5, 1985 Action: Moved by Commissioner Richards, seconded by Commissioner Wood, to approve consent calendar by minute motion. Carried 4-0. VII. PUBLIC HEARINGS Moved by Commissioner Wood, seconded by Commissioner Richards, to suspend the ,,,� agenda to consider Public Hearing Item B first. B. Case Nos. CUP 84-8 and C/Z 85-1 - CITY OF PALM DESERT, Applicant Request for approval of a change of zone from R-1 to public and a conditional use permit to allow construction of a 15,000 square foot youth center located at the southwest corner of Rutledge Way and Magnesia Falls Drive. Mr. Diaz explained that staff was requesting a continuance to address some of the issues presented by the adjacent residents. He stated that the youth center and area residents could hold a separate meeting to help resolve any problems prior to the recommended continuance date of March 5, 1985. Mr. Diaz suggested that the residents meet with staff representatives in a separate conference to discuss some of the issues. Chairman Crites inquired of counsel if the public hearing needed to be opened at that time. Mr. Patterson recommended a motion of continuance without opening the public hearing. Mr. Diaz indicated that he and Mr. Joy would accompany the residents to the community services conference room. � Action: Moved by Commissioner Wood, seconded by Commissioner Richards, to continue this item to the meeting of March 5, 1985, at 7:00 p.m. Carried 4-0. A FIVE MINUTE RECESS WAS CALLED AT 7:16 P.M. Chairman Crites indicated that Pubic Hearing Item C would be addressed second. C. Case No. PP 85-1 - M. B. JOHNSON, Applicant 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 7,930 square feet in the S.I., S.P. (service industrial with a scenic preservation overlay) zone on .56 acres located on the north side of St. Charles Place. Mr. Smith reviewed the salient points of the staff report and recommended approval. Chairman Crites opened the public testimony and asked if the applicant wished to address the commission. Chairman Crites asked if anyone wished to speak in FAVOR or OPPOSITION to this � case. There being none, the public testimony was closed. Action: Moved by Commissioner Richards, seconded by Commissioner Erwood, to approve the findings as presented by staff. Carried 4-0. -2- MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 5, 1985 Moved by Commissioner Richards, seconded by Commissioner Erwood, adopting Planning Commission Resolution No. 1028, approving PP 85-1, subject to conditions. A. Continued Case No. ZOA 84-3 - CITY OF PALM DESERT, Applicant �„�,,,, Request for approval of an amendment to the Municipal Code, Chapter 25.68, concerning the regulation of signs. Mr. Smith reviewed the background of the case and noted that changes discussed at that time had been incorporated into the proposal before them. Commissioner Richards asked Mr. Allen about the status of the case that was being brought before the city attorney or courts. Mr. Allen replied that it was an in- office hearing between the city attorney and the violator and was continued until February 13. Chairman Crites reopened the public testimony. MR. NICK TAVAGLIONE, 5000 Arlington, Riverside, explained that he went to court and appeared with the city attorney and discussed the sign violation he pleaded quilty to. He indicated that the judge heard the testimony and said that he felt that the city should improve the sign ordinance to accommodate the developers in the area. Mr. Tavaglione stated that he approved of the actions the commission was contemplating. MR. BILL FAVARO, 3815 S. Main Street, Santa Ana, indicated that his company was responsible for the model tour program in Rancho Mirage. He said that he had many clients in Palm Desert who had expressed dissatisfaction with the sign program in Palm Desert. Mr. Favaro stated � that he would be available to discuss a program at that time. Chairman Crites closed the public testimony and asked the commission for any comments. Commissioner Wood asked if the entire sign ordinance would be approved at one time. Chairman Crites replied yes. Commissioner Wood expressed concern regarding the posting of political signs. He felt that in the past Palm Desert has been cheapened by the way signs had been placed on private property. He also felt that the 90 day period was too early. He stated that the area would be loaded with signs. Action: Moved by Commissioner Richards, seconded by Commissioner Wood, to approve the findings as presented by staff. Carried 4-0. Moved by Commissioner Richards, seconded by Commissioner Wood, adopting Planning Commission Resolution No. 1029, recommending approval of ZOA 84-3 to the city council. Carried 4-0. Moved by Commissioner Wood, seconded by Commissioner Erwood, to direct staff to proceed to establish a model tours sign program. Carried 4-0. � VIII. MISCELLANEOUS ITEMS A. Case No. DP 01-82 - CARVER MANAGEMENT CORPORATION, Applicant Request for approval of a proposed measure to comply with previous condition stipulating noise maximums for property at the southeast corner of Monterey Avenue and Country Club Drive. -3- MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 5, 1985 Mr. Sawa explained the request and background and requested that the applicant give a brief over view of his findings. MR. RICHARD COLIA, Tustin, the acoustical and energy engineer, stated that some of the homes would exceed the noise level. He explained that four lots (13, 14, 38, and 39) would require a wall increase. He explained that the wall increase would reduce the noise level to under the 70 dBA � range. He noted that the wall height including mounding from the finished �iii grade of the residential lots would be approximately 10'-11'. Commissioner Richards asked if there were any other possible alternatives to the added three feet to the wall. He explained that in the past heavy use of foliage has helped. Mr. Colia indicated that the use of foliage would not provide enough of a reduction. The commission and applicant discussed possible problems and solutions to added noise levels by truck deliveries. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. MR. TOM YEAGER, 40-041 Sagewood Drive, owner of lot 39, spoke regarding the deliveries to the Lucky market. He felt that there were not many trucks going by and that the developer had attempted to solve this problem. However, he was concerned about the added feet to his wall reducing visibility. He indicated that he preferred the added landscaping offered by the developer and asked if there were any other options. Commissioner Richards asked the applicant if he would be satisfied with extensive landscaping knowing that it would not mitigate the noise. Ms. Sandra Yavitz explained that the added landscape was suggested by the owners of lots 13 and 14 and indicated that they would add landscaping. +� Chairman Crites indicated that there was the option of doing both. Add the buffer, add height to the wall, or both. MR. YEAGER noted that if the wall was moved back an additional 5'-6' the added wall height problem would be mitigated. Chairman Crites indicated that this would place the wall onto the applicant's property. Commissioner Richards suggested that the landscaping be added and a bond posted for the wall. If the landscaping did not provide sufficient noise screening, then the additional wall height could then be added. MS. YAVITZ indicated that they would prefer adding the additional landscaping. She felt that by pushing the wall back, the driveway would be made unusable. She stated that the added landscaping and possible addition to the wall at a later date could be acceptable. Commissioner Erwood suggested shifting the building five feet. Ms. Yavitz replied that there was limited depth so that rear parking could be provided. Commissioner Erwood inquired if the truck deliveries to Lucky's could be made in front. MR. JOHN DUNN, Lucky Market representative, expressed aesthetic opposition. Commissioner Richards asked if any new stores provided delivery in the front. Mr. Dunn replied yes. 4' � Mr. Sawa indicated that there was seven feet of landscaping. If the wall was moved five feet it would not encroach on the landscaping. Mr. Diaz said that if the homeowners agree, the wall could be moved the five feet and the space used could be for truck access. Mr. Dunn replied that this would mean giving up landscaping on the project site which would buffer noise. -4- MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 5, 1985 Commissioner Richards indicated that the existing wall could be removed and then put up to the noise engineer's standards. Ms. Yavitz felt that the cost would be prohibitive. Mr. Diaz suggested a continuance to allow the residents to meet with the applicant. Ms. Yavitz agreed with the continuance to February 19, 1985 at 2:00 p.m. � Mr. Diaz indicated that the options for 38 and 39 would also apply to lots 13 and 14. Chairman Crites stated that the options should be presented to the other homeowners. The homeowners present indicated agreement. Action: Moved by Commissioner Erwood, seconded by Commissioner Richards, to continue this case to February 19, 1985. Carried 4-0. B. J ac E AUTOMOTIVE, Applicant Interpretation of expansion of nonconforming use for J & E Automotive located at 74-196 Highway 111. Mr. Diaz reviewed the request and recommended approval with the addition of a wall for aesthetic purposes for the adjacent residents. MR. JERREL SEAGUL, manager, stated that the equipment and hoist was antiquated and needed to be replaced. He indicated that it would be invisible when a car was placed on it and that the safety of the employees was involved. �..• Commissioner Richards asked the applicant if he understood and agreed to the comments about the addition of a wall. The applicant concurred. Action: Moved by Commissioner Richards, seconded by Commissioner Wood, to permit the modification with the specification that a wall be added on Highway 111. Carried 4-0. IX. ORAL COMMUNICATIONS None. X. COMMENTS Chairman Crites indicated that staff should address the issue of the property on El Paseo and Highway 111 and have options for a General Plan amendment. The commission concurred and felt that it should be reviewed by the city attorney. XI. ADJOURNMENT Moved by Commissioner Richards, seconded by Commissioner Erwood, to adjourn the meeting. Carried 4-0. The meeting was adjourned at 8:28 p.m•�` �'r � ' � � ~ � °"'�'�/'` �''��''��/y r• ��'��"' RAMON A. DIAZ, Secre r ATTEST: BU ORD I ES, C airman /tm -5-