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HomeMy WebLinkAbout0319 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - MARCH 19, 1985 2:00 P.M. - CIVIC CEN'TER COUNCIL CHAMBER 73-510 FRED VNARING DRIVE � � � � � � � � � � � * � � � � � � � � � � � � � � � � � � � � � I. CALL TO ORDER The meeting commenced at 2:03 p.m. � II. PLEDGE OF ALLEGIANCE Commissioner powns led in the pledge of allegiance. III. ROLL CALL Members Present: Buford Crites, Chairman Bob Downs Richard Erwood James Richards (arrived late) Ralph Wood Members Absent: None Staff Present: Ray Diaz Dave Erwin Steve Smith A1 Cablay Tonya Monroe IV. APPROVAL OF MINUTES: Consideration for approval of the March 5, 1985, meeting minutes. � Action: Moved by Commissioner powns, seconded by Commissioner Wood, to approve the minutes as submitted. Carried 4-0. (Commissioner Richards absent at that time.) V. SUMMARY OF COUNCIL ACTION Mr. Diaz summarized the actions of the council from its March 14, 1985, meeting. VI. CONSENT CALENDAR NONE. VII. PUBLIC HEARINGS A. Case Nos. PP 85-2 and TT 20743 - HLM DEVELOPMENTS (Harold Maddy), Applicant Request for approval of a precise plan of design, tentative tract map, and negative declaration of environmental impact to allow 13 residential condominium units on a 40,500 square foot property in the R-3 20,000 (3) zone located on the north side of Shadow Mountain Drive, 750 feet west of Portola Avenue. '�"""' Mr. Smith presented a video presentation of the site and reviewed the staff report. He indicated that an additional condition should be added to the public works conditions on both resolutions as ��9 to say that installation of curbs and gutters at 20 feet from centerline and matching paving. Staff recommended adoption of the proposed resolutions. Commissioner Wood asked for the record if the proposed 26 foot height (two stories) was within the zoning and building codes. Mr. Smith answered affirmatively. Chairman Crites opened the public testimony and asked the applicant to address the commission. MINUTES PALM DESERT PLANNING COMMISSION MARCH 19, 1985 MR. HAROLD MADDY, 73-517 Haystack Road, explained that he understood that there might be some opposition from his neighbors. He stated that all the requirements had been met and that he had a verbal drainage easement in exchange for landscaping for the rear neighbor. He felt that the neighborhood would be upgraded. Chairman Crites noted that the applicant said that the back units would be stepped down and asked by how many feet. Mr. Maddy replied three to four feet. � Chairman Crites asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed project. MR. MASON ERICK, owner of the Casa Larrea Hotel, expressed concern regarding the building height blocking the mountain view of his quests and asked what the three to four feet would be measured from. Mr. Cablay inquired if the engineer would address the commission regarding the three to four steps down and the drainage of water. MR. JERRY DENTON, 73-400 Highway 111, engineer, stated that the three to four feet would be measured from grade and that the wall would extend to approximately 20 feet and that he would try to drain water to the back of the property. He indicated that the building itself would be 24 feet and that with the grading it would be dropped two feet. Commissioner Richards asked Mr. Smith how many feet the rear setback was. Mr. Smith replied 15 feet and indicated that the building would be 15 feet from the building. Commissioner Richards asked if there were some regulations about building two story buildings next to one story buildings. Mr. Diaz replied that the adjacent properties were R-3 and that the adjacent property was developed as one story, but could be two story, unless the ordinance was amended to permit only one story. �rfi Commissioner powns asked Mr. Erick about the height of his building. Mr. Erick replied approximately 12 feet. Chairman Crites noted that a part of the land to the north was vacant. Mr. Erick concurred. Mr. Erick noted that the applicant would be saving two to four feet in height by using his property. MR. JOSEPH LYONS, 73-860 Shadow Mountain, explained that he was part owner of the property to the east of the proposed development. He explained that he was not objecting to the two story, though he felt that the two story was not in characteristic with the neighborhood. He stated that he was concerned about the carports on the west of the property. He indicated that he would like to see the carports enclosed because of car lights and noise. Commissioner powns commented that there would be a six foot block wall that should block car lights. Mr. Lyons indicated that if the carports were enclosed, this would also reduce noise and did not feel that this was an unreasonable request. Commissioner Wood indicated that he could sympathize with Mr. Lyons and felt that it should be made a conditon of approval. Mr. Diaz concurred that this could be done. Mr. Lyons replied that if that condition is met, he would not object to the two story. Mr. Maddy described the proposed design design of the carports and stated that he �► had taken the surrounding properties into consideration. Commissioner powns asked the applicant if there would be a problem enclosing the carport on the back side. Mr. Maddy replied no. MS. HELEN HUNTINGTON stated that she objected to the two story on the right front. Mr. Smith explained that the building in the front was one story. -2- MINUTES PALM DESERT PLANNING COMMISSION MARCH 19, 1985 MR. CLYDE ERNST indicated that his property was across the street and that the property had been recently flooded twice. He stated that the water goes through his property and then down Shadow Mountain Drive. Mr. Cablay indicated that the public works department was going to address that issue when the grading plans are submitted. He stated that the future street improvements would also help divert some of the water. �,,,, Commissioner Richards noted that some of the streets in that area such as Desert Patch would not be receiving street improvements and that those areas needed to be protected. MR. RON WINKLER, 73-758, also expressed concern regarding flooding. Mr. Cablay stated that an addition could be made to condition number 3 to say that the storm drain study be reviewed and approved prior to issuance of any permits. Commissioner powns noted that construction of the Portola storm drain is scheduled to begin at the end of the year. Chairman Crites asked Mr. Cablay is staff could notify adjacent property owners when the study is complete so that they could express any concerns. Mr. Cablay stated that he would. Chairman Crites suggested adding that as part of the condition. Chairman Crites closed the public testimony and asked the commission for comments and action. Mr. Diaz noted that at the planning commission/city council tour the council and commission expressed concern over the intent versus wording and suggested that the commission might want to consider this in their deliberation. � Commissioner Richards stated that the condition regarding the change of carports to garages should be added. Mr. Smith stated that the condition would be added to PP 85-2 as public works condition ��11 and that the design would go to the architectural review commission for review. Commissioner Wood asked the city attorney for direction as to the appropriate action to take. Mr. Erwin indicated that the zoning should be followed and suggested that the commission not deny the two story. Chairman Crites reopened the public testimony. MR. MADDY gave a brief background of the 1978 flood and the action that was taken at that time. He stated that in order to put in garages, one end of the carport could be closed as long as it complies with code. Mr. Diaz indicated that it would have to be a structural bearing wall eight feet from the side yard. Chairman Crites asked how that complies with city requirements. Mr. Diaz answered that the city allows it within five feet. Commissioner Richards suggested that a condition be added to say that the Palm Desert Homeowners Association and the architectural review commission review and mitigate any noise and/or light concerns. '�` Chairman Crites closed the public testimony and asked the commission if it wished to take final action or continue the case. Action: Moved by Commissioner Richards, seconded by Commissioner powns, adopting the findings as presented by staff. Carried 5-0. -3- MINUTES PALM DESERT PLANNING COMMISSION MARCH 19, 1985 Moved by Commissioner Richards, seconded by Commissioner powns, adopting Planning Commission Resolution No. 1031, approving PP 85-2, subject to conditions as amended. Carried 5-0. Moved by Commissioner Richards, seconded by Commissioner powns, adopting Planning Commission Resolution No. 1032, approving T'T 20743, subject to conditions as amended. Carried 5-0. � VIII. MISCELLANEOUS ITEMS A. Case No. DP 01-82 (Amendment �2) - CARVER MANAGEMENT CORP., Applicant Adoption of a resolution approving an amendment to a previously approved development plan for a shopping center to permit deliveries on the west side of the market on Saturdays in addition to the Monday through Friday deliveries already approved, for property zoned PC (2) (District Commercial Center) and located at the southeast corner of Monterey Avenue and Country Club Drive. Mr. Diaz explained that the resolution would enact the action of the commission given at its prior meeting. Commissioner Wood asked if this would go before the city council. Mr. Diaz replied that this would only go to the city council if appealed. Action: Moved by Commissioner powns, seconded by Commissioner Wood, to adopt Planning Commission Resolution No. 1033, approving the amendment. Carried 5-0. IX. ORAL COMMUNICATIONS � NONE X. COMMENTS Cv�r. Diaz discussed curb requirements in relation to line of sight. Commissioner powns asked why the San Rios awning extends into the San Luis Rey. Mr. Diaz indicated that they had approval from the Palm Desert Homeowners Association. Mr. Sandy Baum, 45-800 Deep Canyon, stated that he had been traveling around the city and noted that there were alot of infractions. He indicated that on the property line on Country Club and that if a diagonal part not inside the property itself. He was trying to put up a fence. He stated that Mr. McClellan came to look at his corner and felt that there would be no problem. Mr. Baum indicated that other properties are not 25 feet and that he did not understand why he must change this because of the way someone is reading the code. Chairman Crites asked Mr. Baum if he had applied for a variance. Mr. Baum replied that it would take six to eight weeks. Commissioner Richards suggested that Mr. Baum apply for a variance. Commissioner powns suggested that Mr. Baum apply for a variance to avoid being liable for traffic problems. Mr. Baum replied that this item has not been adhered to in the past. `.r� Chairman Crites asked Mr. Baum to report any places that are causing traffic hazards. XI. ADJOURNMENT Moved by Commissioner powns, seconded by Commissioner Erwood, to adjourn the meeting. Carried 5-0. -4- MINUTES PALM DESERT PLANNING COMMISSION MARCH 19, 1985 The meeting was adjourned at 3:26 p.ru��.� t °�� / � _' , � ��=r'ir.��I V. � ,,,,�;'� RAMON A. 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