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Home My WebLink About0507 MINUT�S PALM DESERT PLAN�IING COMMISSION MEETING TUESDAIY - MAY 7, 1985 7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE * � � * � * * * � * � � * � � � � * � * * * * * * * * � � � * * * A TWO HOUR STUDY SESSION WAS HELD PRIOR TO THE MEETING. I. CALL TO ORDER � The meeting was called to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Wood lead in the pledge of allegiance. III. ROLL CALL Members Present: Buford Crites, Chairman Bob Downs Richard Erwood Ralph Wood Members Absent: Jim Richards Staff Present: Stan Sawa Dave Erwin � Steve Smith Phil Drell Phil Joy Tonya Monroe IV. APPROVAL OF MINUTES: � Request for approval of the minutes from the meeting of April 16, 1985. Action: Moved by Commissioner Wood, seconded by Commissioner powns, to approve the April 16, 1985, minutes. Carried 3-0-1 (Commissioner Erwood abstained, but did listen to tape for that meeting.) V. SUMMARY OF COUNCIL ACTION City council meeting of April 25, 1985, was cancelled. No summary. VI. CONSENT CALENDAR NONE VII. PUBLIC HEARINGS Moved by Commissioner powns, seconded by Commissioner Erwood, suspending the agenda. Carried 4-0. Chairman Crites indicated that the item B. would be first, item C. second, and then item A. B. 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 explained that the issue before the commission was free standing signs and the criteria by which they are acceptable. Mr. Smith noted that the Palm Desert Town Center was requesting additional signage for the 'Town Center in the form of a directory sign, with six proposed businesses on that sign. Mr. Smith suggested that if the commission decided that a second freestanding sign was warranted at the town center, one additional freestanding sign be permitted on any street frontage where a center has street frontage in excess of 1600 feet, subject to the signs being separated by a minimum of 400 feet and that code section 25.68.390 be amended to delete the words "or businesses and/or activities MINUTES PALM DESERT PLANNING COMMISSION MAY 7, 1985 conducted therein." He noted that the architectural review commission's policies consistently disallows any freestanding sign containing more than one business name. Chairman Crites opened the public hearing and asked for testimony. MR. MIKE WITZER, Swenson's Ice Cream, indicated that in the past the city allowed signs (i.e. the Lucky Center, formerly Smith's) if all the businesses were given the chance to put their names on it. Since the other businesses � did not want to participate, he ended up with a sign that just said Swenson's. He noted that several businesses in the mall have gone bankrupt, and that he would like additional signage in order for those businesses to be more visible to the public. MS. JEAN McKAY, Red Onion Restaurant, explained that the restaurant relies on the tourist trade part of the time and that people need to know that they are there and open during the evening hours. MR. ROBERT GEORGE, Golden State Signs, expressed concern regarding night business. He felt that if more people were aware of the businesses that are open during the evening hours and business picked up, more stores might be willing to stay open later. He explained that since it is an enclosed mall people can't see activities happening in the mall. He indicated that he would like additional signage and that business at night is needed. MR. LEE HAVElV, Palm Desert Town Center, indicated that at the last meeting the additional sign was requested. He noted that staff recommended that the sign be provided. He explained that the Town Center has several resort/entertainment attractions and that the request for additional signage came from the tenants who wanted to let the public know that the mall is open after 6:00 p.m. He recommended that the code be amended, but that it retain the section "or businesses and/or activities conducted therein." He noted that increased business was the main .w�r objective and would benefit everyone. Chairman Crites closed the public testimony. Chairman Crites noted that he had visited the Red Onion on several occasions and on those occasions there appeared to be plenty of business and that he could see no reason that a second sign would be viable to the economic development. Commissioner Erwood requested clarification on whether Chairman Crites was against additional signage. Chairman Crites indicated that he a directory sign was not needed. Commissioner Erwood suggested another sign within the town center. He agreed with staff's opinion and felt that the town center was being treated reasonably. He noted that once an area of signage is opened, it is not as easy to close. Commissioner Wood noted that the town center has set a good example of design and management and concurred with Commissioner Erwood. Commissioner powns concurred with staff. Commission concurred with staff and supported the policies of the architectural com mission. Action: "'� Moved by Commissioner Wood, seconded by Commissioner powns, instructing staff to prepare a resolution concurring with staff's recommendation, for the meeting of May 14, 1985. -2- MINUTES PALM DESERT PLANNING COMMISSION MAY 7, 1985 C. Continued Case No. ZOA 85-1 - CITY OF PALM DESERT, Applicant Request for consideration of an amendment to the Palm Desert Municipal Code (Chapter 25, Palm Desert Zoning Ordinance) by adding a new code section which would prohibit construction, development or use in commercial or ind�strial zones in hillside areas. '�" Mr. Sawa explained that the amendment was a result of the past election and that the resolution before the commission had been prepared with the recommendations from the city attorney. Staff recommended approval. Chairman Crites opened the public testimony. There being none, the public testimony was closed. Action: Moved by Commissioner powns, seconded by Commissioner Wood, to adopt Planning Commission Resolution No. 1037, recommending to city council adoption of ZOA 85-1. Carried 4-0. A. Continued Case No. GPA 85-2 - CITY OF PALM DESERT, Applicant Request for recommendation concerning the proposed Palma Village Specific Plan and associated Negative Declaration of Environmental Impact which sets forth future land use policies in the area generally described as between Highway 111 and Fred Waring Drive, Deep Canyon Road and Monterey Avenue, Monterey Avenue and Fairhaven Drive and Rancho Road Circle. Mr. Drell summarized letters that had been received. He named the members of �'""` the Palma Village Citizens' Advisory Group and thanked them for their hard work. The commission endorsed their thanks. Mr. Drell outlined the changes that were a result from input by the citizens at the last planning commission meeting. Chairman Crites opened the public hearing and asked for testimony. MR. KIGER BARTON, 44-519 San Anselmo, expressed concern with there not being a large enough demand for senior housing and asked what would happen if a senior project did not succeed. Mr. Drell replied that these projects are not normally converted into any other type of housing because of the cost involved in conversion. Chairman Crites noted that if the project was reverted, it would have to comply with standards as if it was a new project just being built. MR. FRANZ TIRRE, member of the Palma Village committee, stated that whatever senior housing is developed will be superior and felt that it would benefit the city. He indicated that this area was excellent for senior housing because of the senior center, and commended the planning staff. MRS. GEORGIA BARTON, 44-519 San Anselmo, asked for clarification of reversion to R-1. Mr. Drell replied that the developer has the option of using R-1 or Senior Overlay. He explained that it would be very difficult to � convert once a senior project. MRS. KATHLEEN KOPP, 44-870 Cabrillo, spoke concerning the two story construction on Alessandro. She indicated that with the land fill for drainage purposes, that makes two story developments seem like three story. She felt that the day care center on Alessandro Drive must be six to eight feet higher. Mr. Cablay of the department of public works responded that the new grading ordinance allows a maximum of three feet of fill. -3- MINU"fES PALM DESERT PLANNING COMMISSION MAY 7, 1985 MR. CHARLIE MILLER, Highway 111, asked for and received clarification regarding property use to the north of the frontage road. MS. KATHY QUIRK, 73-755 Catalina, asked for clarification on age restriction if a development is sold. Mr. Drell indicated that the same restrictions would apply to all subsequent owners as part of the development agreement. � MR. DON LENNON, representing Dr. Lyons, asked if the same parking and '� business requirements on the lots behind Highway 111 applied to Monterey. Mr. Drell concurred and indicated that this applied up to San Gorgonio. MR. TOM STARR, 267 Via Las Palmas in Palm Springs, stated that he was proposing the Monterey Retirement Inn and that extensive surveys are being done to try to make sure that these projects succeed. MS. VEE STEWART, 4476 San Rafael, a member of the Palma Village Citizens' Group, indicated that there was also a concern for road improvements, intersection lights, and eventually the installation of sewers. MR. ART MOSS, 54 San Sebastian in Rancho Mirage, asked about the acquisition of surplus land mentioned in the amendment. Mr. Drell indicated that it did not matter who owned them, just that they be landscaped and maintained. Commissioner Wood suggested that he contact the city manager. Chairman Crites closed the public testimony. A TEN MINUTE RECESS WAS CALLED AT 8:45 P.M. After discussion the following items were amended: ;� ITEM 1: � Parcel at southwest corner of Monterey Avenue and Park View Drive to High Density Residential. Moved by Commissioner Wood, seconded by Commissioner Downs, to adopt Item 1 amendment. Carried 3-1 (Commissioner Erwood voted against because R-1 residents would be next to the proposed high density housing.) ITEM 2: Height requirements in regard to Senior Housing Overlay have a maximum height of 26 feet. Carried 4-0. ITEM 3: Height be measured from finished grade. Commission discussed reducing 30 feet to 22 and 24 for pitched roofs. Carried 4-0. ITEM 4: Extend legal status of non-conforming uses which meet and maintain a specified standard of architectural and overall site development quality. Carried 4-0. ITEM 5: Add a statement that low intensity lighting be utilized for intersections. Carried � 4-0. ITEM 6: Parking statement requiring only .75 spaces for senior housing overlay at present time and remainder to be bonded and converted as necessary. -4- MINUTES PALM DESERT PLANNING COMMISSION MAY 7, 1985 ITE M 7: That high density residential zoning on Fred Waring remain R-3 2,500, which would permit 18 units. Action: Moved by Commissioner powns, seconded by Commissioner Erwood, approving the statement of Declaration of Environmental Impact and findings. Carried 4-0. � Moved by Commissioner powns, seconded by Commissioner Erwood, adopting Planning Commission Resolution No. 1038, recommending approval of GPA 85-2 to city council as amended. Carried 4-0. A FIVE MINUTE RECESS WAS CALLED AT 9:30 P.M. D. Case No. GPA 85-3 - CITY OF PALM DESERT, Applicant Request for consideration of a negative declaration of environmental impact and general plan amendment to change the land use designation from core area commercial and related uses to medium density residential (5-7 dwelling units per acre) for 12.5 acres of land bounded by the Palm Valley Storm Channel, E1 Paseo, Painters Path, and Highway 111. Mr. Sawa outlined the request. He stated that if the planning commission and city council change the general plan amendment it will remain as it is. Staff recommended approval and adoption of the findings and resolution. Chairman Crites opened the public testimony. MR. DON PA'fTON, 1706 Sandpiper, expressed thanks from the residents of �+► Sandpiper. Mr. Sawa noted that a letter of objection had been received from Ahmanson. Chairman Crites closed the public testimony. Action: Moved by Commissioner Wood, seconded by Commissioner powns, to adopt the findings as presented by staff. Carried 4-0. Moved by Commissioner Wood, seconded by Commissioner powns, adopting Planning Commission Resolution No. 1039, recommending approval of GPA 85-3 to city council. Carried 4-0. E. Case No. CUP 16-78 AMENDMENT #1 - CEDAR CREEK, Applicant Request for expansion of existing restaurant (Cedar Creek Inn) by 1594 square feet located at the southwest corner of San Pablo and El Paseo. Mr. Joy outlined the salient points from the staff report. He explained that the main problem would be parking during the lunch hours. Staff felt adequate parking was available and recommended approval. �' Chairman Crites opened the public testimony. MR. SANDY BAUM, 45-800 Deep Canyon, spoke in favor of the expansion and stated that on the last two Saturdays he had waited an hour and a half hour to be seated. MR. LYMAN MARTIN, 173 Sandpiper Circle, indicated that from his parking survey the parking lot for Lucky's was in demand for only 68% and could be used to provide parking for Cedar Creek. -S- MINUTES PALM DESERT PLANNING COMMISSION MAY 7, 1985 Chairman Crites closed the public testimony. Action: Moved by Commissioner Erwood, seconded by Commissioner powns, adopting the findings as presented by staff. Carried 4-0. Moved by Commissioner Erwood, seconded by Commissioner powns, adopting � Planning Commission Resolution No. 1040, approving CUP 16-78 Amendment ��1. Carried 4-0. +� F. Case No. PP 85-6 - NICK JORGENSEN, Applicant Request for approval of a precise plan of design to allow construction of three residential apartment units on an 8925 square foot lot on the south side of Driftwood Street 340 feet west of Deep Canyon. Mr. Smith outlined the salient points from the staff report. He explained that after the writing of the report the applicant agreed to comply with the recommendations of staff and would like a continuance to adjust his plan. Chairman Crites opened the public testimony. MR. NICK JORGENSEN, indicated that he had been a long time resident of Palm Desert and that he wanted to comply with all standards of the city. He noted that he would also like to develop additional lots in the future. He explained that his nephew would be doing most of the work on the case. Chairman Crites asked Mr. Jorgensen if a one month extension would provide adequate time to revise his plans. Mr. Jorgensen concurred. MR. JOHN JORGENSEN, 27-520 Avenida Terrazo in Cathedral City, � explained that they were willing to comply with code. He stated that he would like to begin as soon as possible. Chairman Crites indicated that a two week continuance could be granted to May 21, 1985. Mr. Smith noted that revised plans would have to be turned in by next Monday. MR. JOHN JORGENSEN indicated that he would like to reduce the side setback from between six to ten feet. Mr. Smith noted that the applicant would have to apply for a variance. Chairman Crites closed the public testimony. Action: Moved by Commissioner powns, seconded by Commissioner Wood, to continue PP 85-6 to May 21, 1985. Carried 4-0. G. Case Nos. PP 84-49 AND TT 20434 (AMENDMENT �1) - R ac B PROPERTIES, Applicant Request for approval of an amendment to a precise plan of design to reduce common open space and increase private open space and a tentative tract map to modify the sizes ` of the lots for a 36 unit planned residential project on 7.25 ""�'�` acres in the PR-S (planned residential, maximum 5 d.u. per acre on property located on the south side of Country Club Drive, approximately 250 feet east of Sagewood Drive. Mr. Sawa reviewed the staff report and recommended denial. -6- MINUTES PALM DESERT PLANNING COMMISSION MAY 7, 1985 Commissioner Wood asked for clarification on the amount of open space the applicant would be lacking. Mr. Sawa indicated that 50°� common space is required and that the applicant was requesting 25% common and 32°r6 as private yard. Chairman Crites opened the public testimony and asked the applicant to address the commission. MR. MIKE HURST indicated that in the third paragraph of his submittal was �. the reason for the request. He felt that providing a private for some of the units would be an asset to the development. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being no one, the public testimony was closed. Chairman Crites requested that staff outline specific reasons why this request would be disadvantageous. Mr. Sawa indicated that common open space if available to everyone while private is only available to a specific person. He noted that the code presently requires 50% common open space and that the request would considerably decrease that amount. Commission determined that the request would not meet common open space requirements and felt that the change could not be justified. Action: Moved by Commissioner Wood, seconded by Commissioner powns, to deny request for amendment. Carried 4-0. H. Case No. PP 85-7 - CITY OF PALM DESERT, Applicant Approval of the design for a fire station at the southwest +� corner of Portola Avenue and Country Club Drive and a negative declaration of environmental impact. Mr. Joy reviewed the staff report and explained that a letter of opposition had been received to protest the noise from sirens. Staff felt that the fire station was needed for this area and recommended approval. Commissioner powns asked if the proposed station was large enough to hold a fire engine. Staff concurred. Chairman Crites opened the public testimony and asked if anyone present wished to speak in FAVOR or OPPOSITION to the request. There being none, Chairman Crites closed the public testimony. Action: Moved by Commissioner powns, seconded by Commissioner Wood, adopting the findings as presented by staff. Carried 4-0. Moved by Commissioner powns, seconded by Commissioner Wood, adopting Planning Commission Resolution No. 1041, approving PP 84-52. Carried 4-0. VIII. MISCELLANEOUS ITEMS A. ZONING ORDINANCE CLARIFICATION �r..� Determination whether private school is permitted in PR (planned residential) zone. Mr. Sawa outlined the request and asked for a determination from the commission. Chairman Crites asked which zones permit private schools presently. Mr. Sawa replied P zone, and R-1, R-2, and R-3 with a conditional use permit. -7- MINUTES PALM DESERT PLANNING COMMISSION MAY 7, 1985 Commissioner Erwood asked for clarification as to whether private schools were specifically listed in those zones. Staff concurred. Commissioner Erwood indicated that a zoning ordinance amendment should be required to add the wording "private schools." Chairman Crites felt that if the other zones permit private schools with a conditional use permit that the PR zone should also allow private schools with a conditional use permit. Commission concurred. � MR. DALE LARKEN, indicated that they would like to be able to open a private school by fall. Commission and staff indicated that with public hearings there would be a 60-90 day delay. The city attorney concurred with a minimum of 45 days. Action: Moved by Commissioner Erwood, seconded by Commissioner Wood, instructing staff to initiate an amendment to the zoning ordinance to allow private schools in PR zones. Carried 4-0. B. Case No. CUP 03-82 (Amendment) - MARTIN AXIS, INC., Applicant Request for approval of an amendment to CUP 03-82 to permit a 1500 square foot expansion to the former Tullio's Restaurant and delete a net 11 parking spaces. Mr. Drell explained that at the last meeting commission requested that a resolution of approval be prepared. A resolution of approval was given to the commission with the staff report as well as a resolution of denial. He indicated that commission had also received a memorandum from Mr. Diaz indicating that the number of required parking spaces the project would be deficient was larger than was first calculated. � Commissioner Wood noted that when an applicant was making an investment of thousands of dollars�staff should be careful that all facts are correct in their staff reports. Chairman Crites asked for and received clarification on the construction of a retail business versus a restaurant be built. Commissioner Wood requested that Mr. Martin address the commission. MR. LYMAN MARTIN, 173 Sandpiper Circle, indicated that he had extended the parking survey and felt that there was adequate parking available. He distributed parking and background material for the commission as well as a letter from the director of the redevelopment agency. He felt his project would be an asset. Chairman Crites asked Mr. Martin if he would sign an agreement to join a future assessment district if it was determined that more parking was needed. Mr. Martin stated that he would. Action: Moved by Commissioner Wood, seconded by Commissioner Erwood, adopting the findings. Carried 4-0. Moved by Commissioner Wood, seconded by Commissioner Erwood, adopting Planning Commission Resolution No. 1042, approving CUP 03-82 (Amendment). "� Carried 4-0. IX. ORAL COMMUMICATIONS NONE. -8- MINUTES PALM DESERT PLANNING COMMISSION MAY 7, 1985 X. COMMENTS Staff noted that there would be a meeting May 14, 1985, at 7:00 p.m. XI. ADJOURNMENT Moved by Commissioner Erwood, seconded by Commissioner Wood, to adjourn the meeting to May 14, 1985, at 7:00 p.m. Carried 4-0. �..�. Meeting adjourned at 11:00 p.m. , ti � F�g . 5,%,ry ,A � F € 6 r " �� i� �:�'� RAMON A. DIAZ, Se ret ATTEST: � ---� �. -�- � � _ _ , � �_ �, � �� _ _ �_� ��:_ _,- � .� �--.,z BUFORD CRITES, Chairman /tm � � -9-