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HomeMy WebLinkAbout0903 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - SEPTEMBER 3, 1985 7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE A TWO HOUR STUDY WAS HELD PRIOR TO iHE. ME:ETINt; AT 5:00 P.M. 1 . CALL TO ORDER Chairman ( rite, cal led the me(-t.ing to order at 1:02. p.m. II . PLEDGE OF ALLEGIANCE Commissioner Downs lead in the nlfudge of allegianre. III . ROLL CALL Memher,; Present: Buford Cr i t(�s, Ch,a i rm.3n Bob f)c)wns Rirk-.3rd f.rw(-)o(y .;i m R i rhr7r(i5 Ra I Fah Wnnd Mrmber-; Absent: None Staf f Prec•ent: Pay [.'i i az Dick Folkers w. Joff Patterson Stan Sawa Phil Drell Phi I Joy Jnnya Monroe IV. APPROVAL OF MINUTES: Request for approval of Augw;t 20, 1985 minutes. Action: Moved by Commissioner Onwn-:, :(,conded by C.nmmission-r Richards, to approve the Augu,t 20, 1985 m i nut es as submitted. Carr i e(i 5- 0. V. SUMMARY OF COUNCIL ACTION Mr. Diaz explained that nn city counciI meeting had been held since the la,it planning commission meeting. VI . CONSENT CALENDAR NONE. 'O�r► MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 3, 1985 aaaD VII . PUBLIC HEARINGS A. Continued Case No. CUP 85-4 - EXTENDED LEARNING TECHNIQUES, Applicant RequPst for approva I of a conditional one F,rrm i t and negative declaration of env i ronmont,=a i impact to allow conct ruction and operation of a private whool (k through iSO grade. 528 student; max. ) (preschool . 170 children max. ) in t hr- PR-5 7one ior;ate d on 4. 15 acres on the south side of Hov 1 ey I r=a"P, :approx i m:atr,i y 160(i fret west of Portu 1 a AvPni O. Mr . Diaz st.aterd that the applicant was roqupst i ng .:a one month continuance. Chairman Critpq noted that the rnmmissinn policy was to grant two continuances. and fN 1 t that the applicant snow i d he notified that rh i s was, the qpronrl one. Staff i nrd i ratpd that this would he done. Action: Moved by ('.ommiss,inner Downs, seconded by Commissioner Ricnard`, to continue thiq erase to the meeting of OctohPr 1 . 1985. Carririd 5-0. %WNW B. Continued Case Nos. GPA 85-4 and C/Z 85-3 - BIRTCHER-DUNHAM, Applicant Request for approval of a gPnra l plan land use element change from mwl i um deny,i ty reb i Amt i•a I f5-7 du/tarre ) to core area commerr.i.jl and a change of zone from PR G. (planned residential , six dwelling units per :acre) to (.- I (genPrai commercial ) for approx i rw3t e l y 1 0.3 -wre,s and a negative declaration of environmental impact for l anr} hound(,d by El Praneo. Shadow Mountain Drive, Son Pahln Avenue, and l arkrpur Lang. Mr , Diaz stated that the applicant was requesting a one month rant i na a,anve and indicated that he would notify the applicant of the p I.:)nn i ny r•naram i s i on po 1 i cy of gr a nt i ng two coat i nu anceq. MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 3, 1985 Art ion: Moved by Cnmmissioner Downs, seconded by Rirhards, to rontirnue GF'A H5 4 and (.// H5-3 to October 1 , 1985, (.3rried 5-0. C. Case No. PP 14-83 (Amendment #I ) - ViP ADOBE AND SHAHIN IKEZAWA, INC. , Applicants Request for approval of an amendment to a previously approved preris,n plan to allow ron�trurtion of a new 748 room hotel with two re st:arirant-. and he;a l th e l rib on 6.9 in thf, PC (4) S. P. (hlannrd re-;ort romrnercial 7nne, srenir_ preservr-atinn overlay) zone located inn feet south of F i Pa-.eo, hetween Highway 74 ..and Ocnt i 1 1 o Drive (area i nr I ud i ng and hetween Adohe Garden and Carousel R^sort hotels) . Mr . 5awra out- lined the Asa 1 i eat pni nts of th( ;tuff rPpnrt 1-vid rernmmended approva' . Cnmm i ss i nner Down; asked -ihni,it t ne h i ggest change being m,ad(-. Mr. Sawa repl ied that tsar rrloc;At ion of the tennis r_cnarts was the higges;t change, building height i�- the same or lower than previously, and noted that the 3ppl irant had received homeowner- rand prel imiriary architr-ctrrra1 approval from the Palm Desert Property Owners Association prior to cominq to planning commission. (nrrim i s;s i nner Erwnod inquired if the open space being provided w,_a�. the same ._a-; prev i ous I y pronosf-d. Mr. Sawa t-Pp 1 i erd that it •;t i I 1 mt"t tho requirement of 409.. Commi ss i onpr Erwood asked if the bu i 1 d i rigs covered more ground than hefnre. Commissioner Richard,; felt that it was less hpcarise of it being two story. Mr. Sawa concurred. Commissioner Richards a,.ked if the home owners were aware of ;any rhanges and inquired if residents were shown the rendering of thN view from Ocotillo. He asked about the higher window height: and if the homy, owners were made .:aware of the rhanges. Chairman Crites asked ;ahout sidewalks being mandated along Highway Ill . Mr . Diaz replied that there was a sidewalk shown on the plans. Chairman Crites noted that on the ori❑inal proposal a green belt was proposed with fountains and aske(i it that was gone. Mr . 5aw;a rep 1 i ed that i t w,va . Chia i rm in Crites i nd i rated that prev i nr i home-owner rnnrerns wero with preserving the old trees on the site in ,j INOW MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 3, 1985 the Adobe Garden area. Mr. Sawa stated that if they were eliminated, WM10 a condition of approval could he added that they be repl,1cPd with tr eP�, of equal stritr_rre -romewherP on the site. Chairman Crites asked about previous .access. concerns on Highway 74 with a traffic signal or entrance at one end and exit at the other. Mr . Sawa replied that as a result of previous discussion, staff imposed a condition a, required by public work,, subject to pro ji,rt completion. traffic analysi, on site to be conducted on Highway 74 to determine if a signal was required to align with Pitihaya - the ,turfy was to he done as part of the project completion. Chairman Crites asked if the resrilts of the study could have impact: on how the rommi,sion would like to see the traffic moving to and from the project . ns osr s;ihle ramification or modifications (noise factors, trucks stopping up hill ) . He questioned when the traffic: study ,�houlri be conducted, either prior to the project or after. Mr. Diaz repli,,d that: the access would want to be aligned across Pitihaya creating a four way intersection which would not move. The need for traffic signalization could be determined at a later date. He stated that thr noise factor generated by traffic stopping and starting uphill would he less if a traffic_ sign.:f1 was installed. Commissioner Richards noted that the change in usage for the land as it now exists is about three fold in occupancy, then with the two:) restaurants and two smaller hotels. He noted that if the projert was being used for the Same purpose, it w.-)s ju,t being expander,. Chairman Crites opened the nub l i c tP,t i many and a*Pd they app 1 i rant to address the commission. MS. SHERRY iKEZAWA, applicant, indicated that the change from the previous plan way because of not having complete homeowners association approval . She indicated that they now had complete homeowner, as^,car i.3t i nn approval before ram i ng before the planning commission. She proceeded to address the specific conrern, of the commission reg<rrding height and Ocotillo exposure, c)he stated that the previous building (poked like a solid wall .and needed to he broken up. She indicated that the windows werf- not a problem because of the sPthacks, carports, ,)nd planting. She explained that there was a lot of water treatment and green area between tile work and that the roof lines extended down to give the impression of two story. She noted that the open =�pac.e was the same or more. She noted that the previous parking was, rlroppPd four feet and tucked under the huiIding. Ms . lkezawa ,tat.ed that the landscaping was an i 4 a MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 3, 1985 integral part of project and that bids would be taken to see if the, retention of the older tree; or new trees would he the most eronomira11y f ran ible. She indicated that the entranre from Highw.3y 74 wag exactly thr same and that the higgent change w.r the relocation of the tennis rourt. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to the prnjert. MS. ,IANiCF WRIGHT, IZ unit apartment building owner hehind the tenni courts, Spoke in opposition to the high elevation and lights shining into the apartments. She suggested dropping the courts so that the lights weren't so visible. She ;also expressed opposition to the three story aspr,ct of it and wac; roncernpri .about rreating a preredent for three story building'F. and higher. Shp felt that the traffic from the nervire entrancr from Ocotillo, which would align with Tumbleweed, was congested already. She suggested moving the ,ery i re ent ranre farther down to avoid conge,t i on from F l Paseo to Ocot: i 1 1 r; .and Tumbleweed. HFr main objection was the location of the tenniq courts. Khe stated that she was never rnntacted regarding re l orat: i on of tennis courts. Comm issinner Wood asked staff to explain about the lights to Ms. VAMW Wright . Mr. Sawa explained that two !�tand.ard rond i t i on': had beer, imposed: first, that the tennis rourt lighting can only be on until 10 p.m. ; erondiy, lights can he no higher than 15 feet and (]own shining box type with shields faring residential areas. Ms. Wright asked if Char meant 15 feet above underground parking or =,trpet level . Mr. Sawa indiratpd 15 feet above playing ,urfare, which was probably 10 to I2 feet above grade. The orrhitect indicated 8 to 10 feet with slope. Chairman (.rites noted that the rrk3ximum height of the pnie would be 25 feet high with 1 1ight on top of it . Ms. Wright felt that that was quite high. Commissioner Richard, exp 1 a i npd that the height at 50-100 yards up would cause the height to be 35 feint with lights somewhere npar the top. The tennis court, where they are located are 10 feet lower than they would be at the administrative building level . M,. Wright felt. that: if the tennis rourts were at ground level they rnuld bu, camouflaged with landscaping. Commissioner Wood explained that the type of lights being used ware typical and asked Ms. Wright if -.he was a member of a homeowners assoriation and if she had attended any of the meeting to express her concern,;. M,. Wright rNplied that- she attended the ones she knew about. r� err.. MINUTES PALM DESERT PLANNING COMMISSION SFPTEMBER 3, 1985 i Chairman Crites closed the public testimony. �1 Commissioner Rich.jrri�. felt th-it it was a better project with impart; on Mr, . Wrights tenants less in ''.heat location them previc•usiy. He noted that the residents most effected by windows had :_agreed and that the lower building height from 32 feet to 30 feet would he benef i c i•,l a 1 onq with seven buildings instead of twelve. He f el t. that it was time to begin nn the project . Commissioner Wood concurred. Commi c.s i over Frwnnd pointed out with the same or lower height 1 eve 1 and additional setbacks it appears to he a better plan. Commissioner Dnwnc; concurred. Chairman Crites expressed concern regarding having the t.raffir study conducted half way through the project and felt the lower height was better. He was concerned about Mrs. Wrights pnint about ?5 font lights near property if any additional shielding would he I p. Mr . Sawa indicated that shields were required on her side of the property with a landscaped strip between the tennis coa rr t:s and street . He suggested that within that area it could be required that the tree•> being planted be fairly big and grow to 30 feet within a year or two to help shield the light and poles themselves. Chairman Crites ,asked the applicant if there would be a nrohlem with planting trees considerably higher than 1.andsc ip i ng. Mrs. I kezawa replied no. Chairman Crite-, added a rendition for dense planting of trees to shade lights. Mr . Sawa concurred. Action: Moved by Commissioner Wood, seconded by Commissioner Down•, approving the findings .as presented by staff. Carried S-0. Moved by Comm i s,.i oner Wood, seconcind by Commissioner Downs, c,rinpt i ng Planning Cnmmi -•Sion Resolution No. 1078, :approving PIP 14-83 (Amendment #I ) a,, amended. Carried 5-0. D. Case Nos. GPA 85-5 AND C/Z 85-5 - ARTHUR BAILEY, Applicant Reque•-�t for approval of .a general plan :.amendment From park to medium density residential , 5-7 dwel I ing unit,.,. per arse, a change of zone from open space to PR-7 (planned residential , 7 dwelling units per acre) , deveiopment agreement, Sri MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 3, 1985 rr.. and a negative derlaration of environmental impact for 58 acres located on the south Side of Hovlcy Lane, between Portola Avenue and Eclectic 5t rept. Mr . Sawa out I ined the regue�t and stated that it waj a pcj1 icy decision for planning commission to determine before forw•nrrling it to city council for review and action. Mr . Oiaz explained that if commission felt there should not, hp :j change, it should instruct staff to prepare a res,n 1 ut-i on of den i a I ; if commission felt them should be a change, instruct staff to prepare a resolution of approval ; or request snmr• kind of c i ty rouncil c I ar i f i rat i on prior to making a recommendatinn. Commi s�i i oner Richard- requested a synopsis of the b:ackgrnund of the property for the last seven years. Mr. Sawa indicated that one had not heron prepared. Commissioner Richards felt that the history of a project or development of property when a major change is to by made was important. Mr. Diaz indicated that there was an rxtpnr•ivp history behind this parcel and that staff would prepare a report on the background with any minutes. Chairman Crites felt that the case should be continued, since thr, Year 2000 committee on open ,pace had prepared a report that has not been given to the Commis-.ion or made public and stated that my examination of land was premature until that report was srjbm i tt furl. He stated that the Living Desert Reserve is not similar in operation and scope as the sand dung` park. He recommended postponing thi case until the rommission knew the master plan for the open spare. Mr. Diaz stated that in regard-; to sand dune parks and the desert reserve there is similarity in the type of natural :area heing preserved. He also ,tated thzit sand dudes cannot hp pre•;erveri in 120 acres and questioned the original intant : maintaining open space or sand dunes. He felt the sand dunes were stab i 1 i zed hf rt not ed that eventually would completely hlow away. Chairman Crites noted that the Living Desert Reserve had an .active sand dunp they will Pr(—'ervr, For the npvt 100 years. Commis�:ioner Richards indicated that the dove1nper would he advised to wait for the report from the open space committed and h•:fd heen circulated throughout the community. Mr. Diaz suggested continuing the caso and referring the matter to the open ;pare commi tide and ra 1 1 a special meeting and at the srimr, 7 Vr.r MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 3, 1985 time nt.aff would prepare a background report for the meeting of Uri-oher I . Gnmminsioner R i chard:: concurred that that would help t hi. �.rrr► developer . Chv i i rm,nn Cr i to; open the public testimony and asked the app I i cant to address the cnmmi=sion. J 0 H N CRISTE , Iand planner for the applicant , expressed understanding that the open space issue was important from a city standpoint . He indicated that with him was Dr. Lawrence iruprey, who was a consultant on fringe-toed livnnd hahit3t issue. He suggested holding the dr,ve 1 opment p 1•-.rn until the zoning issue was resolved, but approving the general plan amendment and five units per acre zoning. He felt that there w),, no long tf:?rrn v i ah i I i ty for a ;and dunes park herau,:e sand dunes move approximately one mile 7t year, noting that in good conditions half would be lost in l 0- 12 years with a total lost- in 25 yearn. He stated that the city has had the property Toned open space for 10 years to develop park, ,and felt that it was time for change. He indicated the project should be looked at only from a general plan and zone change character and empre sed a willingneno to he hound to a quality senior housing project. Commissioner Richards responded that as a former county planner Mr. C:r ,i to would under stand that changing zones to planned res i dent i, 1 � de,ignation of .any number was a major change. He noted that the dune park area was zoned open space and that the dune park was added as an afterthought. He started that open space has a great number of u>eq. Mr'. Sawa named some of the uses for onen space ( i .e. b<a 1 I fie 1 d-,, picnic area,. hospitals, post nfficeq, churches, rerneteries, eta_. ) . Chairman Crites ewp1ained that anything that falls under the umbrella of park could he allowed. Mr. (--'.ri,,te indicated that in general planning principals, roughly 60 acres of park lend would handle 50,000-100,000 people in a city ,and that a great deal of opportunity and re5oorces were available and felt that the Ksue should he resolved or clarified. Commissioner Richards explained that was the reason that a more extensive background was needed and that the history has a lot to A-) with the future of the land. Chairman Critrs asked if anynne wished to speak in FAVOR or OPPOSITION to thiq case. 8 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 3, 1985 rnr l_Ei AND HFNDER�iON, 74-?88 Angel; Camp Road, hacks up to property in question. He stated that the ;and dunes are not stab i I i zed and that any wind brings sand into his backyard. He i nd i rated that the primary use ha-, been for dune budgies and ,tatod ho would be in favor Of Rclme type of development to restrain sand. He noted that as developments ncrur changes are made to adju,-A to them. He felt that time had come for development nn this piece of property. RRUCE. H 1 1.l_ , Angel Camp r es i dent , endorsed comments tiv Mr. Hendprsnn and expressed concern ahn+.rt the typrr of development, but that reading the staff report he felt e35ipr ahout the type of development proposed. He indicated he under-.tool (_nmmissioner Richards concern about open space, but tnat speaking for 40-SO rp�-Jdents, they would not he against development as long as height, noise, and light weren 't problems. (ommissioner Richards noted that a committee formed to study Open space would 1 i ke to hear -,nme of his comment-, for the futurn of th it the development and indicated that those were the type of r<,mrnent<. rnmmi ss i on needed to hear . He Suggested that Mr. Hill hc,acl .a group from his park to speak for all the residents. Mr. Hill replied th.-it he would he glad to coonerate and he contacted at any time. rriw Cornmi ss i oner Downs asked Mr . Diaz if there was any rer3snn for an environmental impact report on this property. Staff did not: feel an environmental impact report shnuld he dnne at the present time, but that if the property were changed, it could be required at that time. Staff recommended waiting tint i 1 other information wac. ,-Iva i l oh i e. Chairman Crites asked staff to direct the 2000 committee to fnru�, nn that issue as well . Staff concurred. Commissioner Richards felt that if commission didn't require in env i ronmenta l impact report for the Marriott or, any other project (Lake--i, Desert Fall ,) it wouldn't he fair to this. developer. Commissioner Wood concurred. Chairman Crites indicatt-d that. it was not a rteci;ion to he made at this particular time. Comm is,ioner-=, Wood and Erwnod clarified the prncess and requirements for an environmental impact report. Mr. Critte agreed to a 30 day rontintianre. Commissioner Richards indicated that the applicant should by granted the right for a further rontinuance if those rppnrts were not 9 •.r MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 3, 1985 :ova i 1 ab l e prior to Ortober I . He f e l t a spec i f i c study of that ;i to Iwo shnu l d pertain to the u,r' that it i-, now currently designated. Mr . Criste indicated that the report need not he in the context of the Pritire rity' s open space. Commissioner Richard-, concurrent. C.ommir,sioner Wood requested that the report on the background on the property also hF, provided. Mr . Diaz indicated that the report from the open space committ(-e ,and .a repent on the barkground of the property wnuId be provided. Action: Mnved by Commissioner Richards, seconded by Commissioner Wood, continuing GPA 8`)-5 ;and C/ 85-5 to October 1 , 1985. 1f further time is needed to complete the required report;, applicant shall he granted /a further continuance. Carried 5-0. A FIVE MiNIITF R!'CESS WAS C:AI_L.FD AT THiS POiNT. E. Case No. C/Z 85-7 - CiTY OF PALM DESERT, Applicant Request for approval of a change of zone implementing the Palma Vi1Inge Specific Pi<an recommendat ions for the area generally bounded by Fred Waring Drive, Catalina Way, San Pablo AvF,nufr and Portol::, Avenue. Mr. Drell outlined the request and showed the are,.3 with the usF• of the video monitor and recornmonded approval . Commissioner Richards commented that this amendment was a rNsult of an extensive study from cornmi ttPes ,and r i t i zf.,ns and that the commission would not be voting hastily. Chairman Critfs opened the public testimony ;and asked if anyone wished to ~peak in FAVOR or OPPOSITION to the zone change. BiLI_ WHiTING, Fred Waring property owner, indicated that he has tried to come up with a plan for development of hi property that would be acceptable to the city for developing multi-family units, He felt the zoning has been restrictive in the past and reque,ted thr, city's intent for the south side of Fred Waring. Commissioner Wood calked Mr. Whiting if it wa•--: economically feasible to build a single family unit or one story apartments. Mr. Whiting replied that with property values rising it would bp very 10 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 3, 1985 r... restrictive to al low only single f;ami ly units: or single story ,apartment s. Chairman Crites closed the public testimony. Commissioner Richards commended ,toff and the committees that worked on this study and moved for approval . Commissioner Wood spoke to the motion, emphasizing that his. own view print was that on Fred Waring's south side, if commissinn could not zone R-3 two story units, it would remain unimproved, unattractive vacant lots. Chairman Crites requested Commissioner Richard's comments thanking staff for time and excellent work on this project be noted for the record and that a letter be sont to each committee member in thanks. Action: Moved by Commissioner Richard;, seconded by Commissioner Downs., approving the findings as presented by Staff. Carried 5-0. Moved by Commissioner Richards, seconded by Commissioner downs, adopting Planning Commission Resolution No. 1079, recommending to city council approval of C/7 85-7 Fxhibit "A." Carried 5-0. rr.r Chairman Crites recommended that the agenda be su->pPnded to conaider Item #G. Moved by Commissioner Richards, seconded by Commissioner i= rwood, suspending the agenda. Carried 5-0. G. Case No. PP 85-22 - HOVLEY GROUP, Applicant Request for approval of two buildings totaling 27,000 square font including a 3,000 square foot restaurant ( with the remainder office and warehouse space) located in a service industrial ;,one at the northwest corner of Fc_ lectic and lennon place. Mr. Joy outlined the staff report and recommended approval subject to the addition of a condition requiring the applicant to provide sidewalks upon further city r_ouncil direction. 11 r.. MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 3, 1985 ? Chairman Crites asked if staff's concern regarding landscaping in Mimi the north parking area outlined in the staff report had hPen addressed. Mr . Joy replied that the applicant had provided acceptable landscaping. Chairman Crites opened the public testimony and asked the applicant to addre,s the commission. MR. BOB RITCHEY, architect: 45-120 San Pablo, stated that he had no problems with the landscaping requirements. Chairman Crites a,,ked if anyone present wished to speak if FAVOR or OPPOSITION to the request. There being no one, the public testimony was closed. Action: Moved by Commissioner Downs, seconded by Commissioner Erwood, approving the findings as presented by staff. Carried 5-0. Moved by Commissioner Downs, seconded by Commissioner Erwood, adopting Planning Commission Resolution No. 1080, approving PP 85-22 subject to condition, as amended. Carried 5-0. r 3 l F. Case Nos. PP 85-18 and PM 20573 - CARVER COMPANIES, Applicant Request for approval of a 10 lot parcel map in the PR-5, PR- 10, and PC-2 zone, precise plan of design, and negative declaration of environmental impact to permit the development of a group of hotels and retail commercial complex. The site encompasses some 81 acres at the northwest corner of Gook Street and Country Club Drive. Mr. Diaz explained that the applicant needed certain approvals to proceed with development, and indicated that the applicant did not want to be so specific as to development standards that would make the commission feel that what is shown is exactly what will occur. Mr . Diaz reviewed the staff report with the assistance of the development guidelines. Mr. Diaz explainers that parcel seven was propo,.Pd aG some type of public element and that the applicant may wish to delete parcel seven until a proposal comes in for parcel six, and that if approved, the parcel map would require the improvement of Country Club Drive and Crook Street. He Stated that the applicants intent was to develop a north/south entry corridor as 12 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 3, 1985 rn.r we I 1 as the ease:/west, wh i ch wou 1 d he deve 1 oped pr i or to .:any e,t her construct i nn. He indicated that the ;i ze of the parre I (>ii) ,nrrf ,1 necessitated a unified development. He indicated that the r1evr,1oiler wa,, proposing temporary off i re far i I i ty, but wnu l d he approved .-A- a -.taff level . He indicated the applicant 's general acreptance to the prnpo�,r�d conditions with a modification on the drainage fee requirr�ment for payment prior to construction/development approval on a given parcel . Mr. Foikers felt that this should be referred to council for fees. collected at the time of development. Mr. noted that the drainage feet; wou 1 d amount to approximately $400,000. Un 1 e„ need(-d at the present time, fee-, could be paid a certain date or prior to sieve 1 opment. Mr . Ci i az i nd i cated that on rond i t ion #15 the app 1 i cant wa-, requP-:A- i ng the option of pre-.tinting to public works directors plans for additional median opening~ at a later date, which would mean delerion of the word "only" in the condition. He indicated that if warranted. additional median openings on Cook. and Country Clot) sou l ri orcur , and the planning commission notified to eliminate a public hearing process. Mr. Diaz clarified condition #18 and indicated the 12 foot land,:capP easement was for ded i ration on final map on Cor rnt ry Club Drive and that the lanri,raped area would be same width as desert falls. He stated that in regard to height concerns. the applicant wou10 be -.uh jert to the height 1 i m i t set in the FIR zone, a 1 though a wn i vr,r of height might be requested imi1ar to Marriott. He indicated that commercial useF, would not he permitted north of the mini acres-. ro:-jr-i and that all future deve'l opment required pub l i r hegr i ngr for each item, and shall be ron5istent with the development griieieiines. He stated that Country Club Drive shall he constructed and iandsc•ai,ed prior to development of any phase and didn't feel any control wacc being lost. Commissioner Down, asked for an additional condition that the applicant join an asse,;sment district or redevelopment distrirt for the improvement of Cook Street , Cook Street hr i dge, and overpa-,s to the freeway, a-. determined by council . Commissioner Richards indicated that for this type of development some, detail is needed to det erm i nr,d if the rpgtjest i-, warranted. l � MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 3, 1985 j Commissioner Wood regrested r l ar i f i ration regarding l i nr' of site when ' a building exreeds height limit and the distance from the highway. 400 It was mentioned by staff that almost 1 ,0n(l feet was needed. Chairman Crites asked that the r_ommission/staff to consider a condition for a setting forth a procedure to insure maintenance of ;.a project. He also commended the developer for coming in with only two openings onto the street. systems, but the number of openings he settled now instead of being informed of openings later. Mr. Diaz replied that commission could require approval , but that there was not a need for a full public process. Chairman Crite^ requested that any median ruts come before the commission prior to approval . Staff concurred. Comm issic)npr Richards explained that the development sits next. to Desert Falls, which went hankrupt. He noted that the l,rndscaping strip has deteriorated and that the commission wo:r I d 1 i ke to i nr,urP thrit if thi occurs on any future development that the city will have the ability to place a lien of sorts for future maintenance. He suggested the city could require a bond for a rertain number of years and felt that a condition should be worked out beginning with t h i -, development . Mr . Diaz indicated that Cori 1 d be done, but indirated that applicant might want to address that matter. i Chairman Crite, opened the public testimony and ,asked the applicant to adclress the commission. MR. BILL. CARVER, ar>plicent, outlined the proposed concept. He explained several asperts of a possible development, which would utilize retail shops and sports facilities, with emphasis nn olympir sports. MR. CA�)EY CONRAD, previously with the president's council on fitness and ,ports, felt that this project was needed and summarized that with his background and input, he felt very comfortable with the success of this project. Commissioner Richards felt that the disr_u,sion should he centered around the proposed project. Chairman Crites indicated that the commission would be approving a parcel map and precise plan and that the approval requested was not tier to a partirrilar development that might occur. Commissioner Wood concurred with the -tatements from Commissioner Rjrhards and indicated that he had some questions. 14 MINUTES PALM DESERT PLANNING CO"MiSSION SEPTEMBER 3, 1985 rr.. Commissioner Richards asked if Mr. Carver might have ,anyone elso present that could speak regarding what was tieing discussed. Mr . Carver replied no. Commissioner Wood asked Mr. Carver about the building height. Mr. Carver indicated that height was not an is,ud' at this time. Commission concurred. Chairman Crites asked if Mr. Garver agreed with the requirement ern join an assessment district. Mr. Carver replied that he would like to time to think ataout it . Chairman Crites asked Mr. Carver if he agreed with the comment regarding bonding to maintain landi;caping. Mr. Carver agreed. Chairman Crites asked about the status of parcel #7. Mr. Carver replied that he would amend the map and eliminate the parcel . Chairman Crites noted that this would delete the public park access area. Commissioner Richards asked if retail was planned for parcels `, and 6. Mr. Carver replied parcel 6. Commissioner Richards a,kedi Mr. Carver if he thought the major rises of other- parcels would draw the retail he would need. Mr. Carver replied yes. Commissiond•r Rich"3rd, commented that there was an assessment district for Cook street now in force and asked if there was a major problem with him joining an assessment district for Cook Street. Mr. Carver explained that [if, had contributed a lot in the past and referred to hic involvement art Monterey, and that he was not prepared at the present time to commit himself to contribute money without more research and exact figurr-, involved. Chairman Crites asked if staff had objection to the deletion of the public park access area. Mr. Diaz replied no, since commission did not know specifics or size. Mr. Diaz felt some kind of entry statement would be made there. Chairman Crites noted that a health facility would not guaranteed by the passage of what is proposed at the present time. Mr. Diaz replied that the plan and criteria hefore commission would give the applicant the right to do that, and specific plans would come before the commission later. Commissioner Erwood commented that it would have to comply with the guidelines. Mr. Diaz concurred and expl.=:pined that it was the underlying document. Chairman Crites asked if public works had reviewed traffic and circulation patterns. Mr. Folkers replied no. Mr. Diaz replied that the circulation in each site area would be evaluated at the time of development. Mr. Folkers indicated that the entry ways were acceptahie as shown. Mr. Diaz commented that the 15 `NW MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 3, 1985 i amount involved for the bridge over the channel and extension of Interstate 10 would depend on the size the assessment district would he, what will it include, and understood the applicants concern. He suggested continuance to study this. Mr. Carver explained that he understood there would be a complete realignment of Interstate 10. He indicated that he not protest an assessment district, but felt he needed the exact figures involved before agreeing to join it; he felt the commission was asking to much. Commissioner Richards stated that when commission is in a position to approve major projects that have a tremendous effect, the commission should have guarantees that say that when the funds are needed to help that site with access to the freeway and all the other things, the resources should be there. He indicated that he would like to see Mr. Carver come hack with his agreement to join the assessment district.. Commissioner Downs explained that this condition came about from a letter from the Desert Sands Unified School District. Chairman Crites asked Mr. Carver if he would be better able to address that issue with a two week continuance, and that at the present time several commissioners feel that its essential for approval . He felt Mr. Carver deserved an honest chance to be 400 able to make a decision, and asked if he would to have this issue continued. Mr. Carver explained yes. Commissioner Wood concurred with comments from Commissioner Richard-, and stated that he could not express any opinion until the matter of the assessment district was settled. Chairman Crites indicated that because the applicant wished to discuss the concept of which there were certain issues of concern, those issues were not before the commission at the present time for review. He asked if the commission would be willing to make a motion to continue to a time certain. Mr. Diaz replied two weeks unless a further continuance was deemed necessary, and indicated that he would he contacting the school district regarding the bridge. Commissioner Richards felt that the applicant was misled with regard to what should be presented to the commission. He indicated the commission would be glad to hear any of Mr. Carvers speakers when the actual project is before the commission. Action: 16 a 9 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 3, 1985 Moved by Commissioner Richard-;, seconded by Contmi ssinnFr We)od, continuing this case to September 17, with the under-stand i ng that further cont.inrrance may he requested. Carried 5-0. VIII . MISCELLANEOUS ITEMS Commissioner Frwood stated that while the commission retluirr-F, certain specifics for a proposal , too much detail presents a problem. Commissioner Richards suggested with significant projects it r,hould he tackled piece by piece. Mr. Dial stated that some study session items have gone too far the other way regarding speaking to developers ahead of time and felt that it would he better discussed across the table. Chairman Crites felt that on items of this type, commi=.lion only needs a general idea of whet i, proposed, no reason for more details because it is not guaranteed. Mr. Diaz stated that the commission could tie down specifics with the approval of the parcel map. Chairman Cr ,i t e, felt that a development agreement was not needed for a mini zone change, but to just have it spelled out on the parcel map what the use would be. wr.. Commissioner Erwood suggested that for projects of this magnitude they he scheduled for day meetings to a 1 l ow more d i scuvss i nn t i mf. without worrying about the lateness of the hour. Commissioner Wood spoke regarding specifics outlined in a project that could not he discussed ( i .e. height) . Mr'. Diaz noted that commission was only compelled to approve a height of 5 feet. Chairman Crites asked about aerobics, stress testing, etc. Mr. Diaz stated that it could he included in the guideline,. Commissioner Richards did not approve of the format of the guidelinf-, and felt that they should have come from staff, not the deve i oprr, which added to the confusion. Mr. Diaz indicated that it provider] a foundation on whet the criteria was going to be. Chairman Crites felt this was the time to resolve issues of whether the commission wanted to impose a procedure for setting forth a procedure to allow city maintenance of landscaping for a project in the event of bankruptcy or changing of owners. He felt that this was a place to start. Commissioner Wood concurred. 17 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 3, 1985 1X. ORAL COMMUNICATIONS NONE. X. COMMENTS NONE. X1 . ADJOURNMENT Moved by Commissioner Downs, seconded by Commissinner Wood. to adjourn the meeting. Carried 5-0. The meeting was ad 'ourned at 10:25 p.m. RAMON A. DIAZ, SPrret AT1 E ST : BUFORD C. S, Ch, 1 rman /trn 18 t�