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HomeMy WebLinkAbout1119 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - NOVEMBER 19, 1985 2:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE NO STUDY SESSION WAS HELD PRIOR TO THE MEETING. 1 . CALL TO ORDER The meeting was called to order at 2:06 p.m. 11 . PLEDGE OF ALLEGIANCE Commissioner Wood lead in the piedge of allegiance. III . ROLL CALL Members Present: Buford Crites, Chairman Richard Erwood Jim Richards Ralph Wood Members Absent: Bob Downs Staff Present: Steve Smith %+ Doug Phillips Joe Gaugush Stan Sawa Phil Drell Tonya Monroe IV. APPROVAL OF MINUTES: Approval of the minutes from November 5, 1985, meeting. Chairman Crites noted on page 4, last paragraph, that roof height should he replaced with interior floor height and on page 7, the word development should be developer. Action: Moved by Commissioner Erwood, seconded by Commissioner Wood, to approve the minutes as corrected. Carried 4-0. V. SUMMARY OF COUNCIL ACTION Mr . Smith summarized the actions of the city council as they pertained to the planning commission. Commissioner Wood noted that the new mayor was Dick Kelly and the new mayor pro-tempore was Phyllis Jackson. MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 19, 1985 VI . CONSENT CALENDAR A. Case Nos. PP 09-83, 188 C, and ADJ 04-83 - DIANE STEWART, Applicant Request for approval of a one year time extension to allow construction of an office building in the C-1 zone located on the north side of Larrea Street, 300 feet west of Prickly Pear Lane. Action: Moved by Commissioner Richards, seconded by Commissioner Wood, approving the time extension by minute motion. Carried 4-0. B. Case Nos. TT 16133, DP 04-80, and 204 MF - J.M. PETERS CO., Applicant Request for approval of an 18 month time extension for a tentative tract map, development plan and preliminary design review case for 156 residential condominium units on 34 acres in the PR-5, S.P. zone at the northeast corner of Hovley Lane and Cook Street. irr Commissioner Wood asked for and received clarification regarding the reference in the staff report about the original tentative tract approval and the school and Fringe-toed lizard fees. Mr. Drell noted that the fees could be imposed at this time. Mr. Phillips clarified that it would not be a condition of the tentative map, rather a condition of the building permit. Commissioner Richards asked if this would cause an economic hardship on the applicant . Mr. Drell replied that the applicant has only paid application fees at this time. Commissioner Richards expressed concern regarding the amount of time spent by both staff and the commission in the last five years on this project. Action: Moved by Commissioner Richards, seconded by Commissioner Wood, approving the time extension by minute motion. Vote: 2-2 (Chairman Crites and Commissioner Erwood voting no. ) Mr. Phillips stated that the commission could interpret the vote as a negative action or no action. 2 we MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 19, 1985 nn.. Commissioner Richards stated that he would like to change his vote. Moved by Commissioner Wood, seconded by Commissioner Richards, to reconsider the original vote. Carried 4-0. Moved by Commissioner Richards, seconded by Commissioner Erwood, to deny the requested time extension. Speaking to the motion, Commissioner Wood asked the reason for Commissioner Richard's change of vote. Commissioner Richards stated that because it was a 2-2 vote against the extension, the length of time this applicant has had, and in order to proceed, he would vote to deny the extension. Chairman Crites stated that he felt the developer had an adequate amount of time to start the project and he would vote to deny the extension. Chairman Crites noted that it was a policy to allow the applicant to address the commission. MR. LARRY JOHNSON, Morse Consultants, stated that the applicant was in the process of selling the project and all plans were ready for signature. He indicated that the applicant was having a problem with bonds , but urged the commission to approve the extension. Commissioner Richards indicated that the testimony did not change his vote. Chairman Crites called for a vote. Motion carried 4-0. VII . PUBLIC HEARINGS A. Continued Case Nos. CUP 85-5 and PP 85-32 - NEMMAN CENTER, Applicant Request for approval of a conditional use permit, precise plan and negative declaration of environmental impact to allow use of an existing 4 unit apartment complex and two vacant lots as offices, church, meeting rooms, priest residence and off-street parking located at the southwest corner of Fred Waring Drive and San Pablo Avenue. 3 rr.. MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 19, 1985 Mr. Drell explained that the case was discussed by the r_ity council on November 14, and they had indicated that while in support of the greenbelt plan, the city was not in the position to add them at this time. They directed staff to proceed with the plan as submitted with the parking lot to be developed with full improvements and built adjacent to the project. He stated that they were supportive of the use and application in general . Staff recommended approval . Mr. Smith noted that the prime factor for council support was that the building would be a remodel . Commissioner Wood noted that the conditional use permit would go to council for review. Mr. Drell explained that the city council requested that review of the 24 foot high bell tower be done by them when the case moves up. Chairman Crites opened the public testimony and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed. MS. GLORIA KELLY, 48-900 Pizano, felt that the use would supply a need in the valley and urged approval . MR. MATT MONICA, 74-800 Peppergrass, expressed support of the facility and felt it would be beneficial to the community. He stated that it would service the entire area. Commissioner Wood asked if this Newman Club would be separate from the club at the College of the Desert. Mr. Monica replied that they would be a separate entity but it would be a cooperative effort. MR. PHIL. MOORE, 74-370 Old Prospector (President of Rotary) , spoke as a long term resident of the valley in support of the proposed facility. MR. CHRIS VALENZUELA, College of the Desert resident, stated that the facility was needed and would benefit the community. FATHER ED REIDY, 43-925 Monterey, expressed approval of the previous testimony and felt the facility would focus on the physical , spiritual , and social needs of the community. Commissioner Wood asked if the Newman Center would be under the auspices of the college administration. Father Reidy replied that it would not. Commissioner Wood asked if the Newman Center would house a visiting priest . Father Reidy replied affirmatively. Commissioner Wood asked about the center's involvement in treating 4 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 19, 1985 �r.. persons dependent on drugs or alcohol . Father Reidy replied that if someone came to them for help, they would not be turned away. Commissioner Wood also asked who would be responsible for the facility. Father Reidy replied the Bishop of San Bernardino. Commissioner Wood indicated that his concern was for the design of the building. Chairman Crites noted that the commission could direct .any appropriate modifications to the architectural commission. Commissioner Wood asked if the building met all the city requirements. Chairman Crites closed the public testimony. Commissioner Richards felt that the city council cleared the dilemma on how to begin implementation on the newly designated area and had indicated their desire to support this project. Action: Moved by Commissioner Richards, seconded by Commissioner Wood. adopting the findings as presented by staff. Carried 3-0- 1 (Commissioner Erwood abstained due to absence from initial discussion at previous meeting. ) Moved by Commissioner Richards, seconded by Commissioner Wood. Now adopting Planning Commission Resolution No. 1102, approving CLIP 85-5 and PP 85-32 subject to conditions. Carried 3-0- 1 (Commissioner Erwood abstained due to absence from initial discussion at previous meeting. ) B. Continued Case Nos. GPA 85-4 AND C/Z 85-3 - B I RTCHER/DUNHAM, Applicant Request for approval of a general plan land use element change from medium density residential (5-7 du/acre) to core area commercial and a change of zone from PR-6 (planned residential , six dwelling units per acre) to C-1 (general commercial ) for approximately 10.3 acres and a negative declaration of environmental impact for land bounded by El Paseo, Shadow Mountain Drive, San Pablo Avenue, and Larkspur Lane. Mr. Sawa outlined the changes that had been made to the resolution and drafted a development agreement as directed by the commission at 5 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 19, 1985 i its last meeting. Mr. Sawa recommended that the development agreement be recorded, if approved. Commissioner Richards asked counsel if he felt comfortable with the development agreement and asked if on page 5 section 2 regarding no retail and office, if it accomplished what the commission wanted - allowing no buildings to be built. Mr. Phillips recommended that on page 5 under #2 the words "or commercial improvement" be inserted after no retail , office, restaurant or other commercial use, and also that the site may be used for other permitted and conditional uses. Commission agreed. Developer signaled acquiescence. Chairman Crites opened the public testimony. MR. CURT DUNHAM, applicant, requested approval and the amendment to the general plan and stated that he had no objections to the change. Chairman Crites asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed. MR. BOB SNYDER, 73-402 Shadow Mountain Drive, thanked the commission for recognizing the need for a zone split. He asked that if the commission were to allow the parking lot with the 970 parking spaces, that the parking lot be undergrounded and a park facility be built on top for the benefit of the community. He felt that with 970 parking spaces and as many vehicular trips, Sunlodge and Larkspur would be significantly impacted. He requested that if the project were approved, the commission consider his suggestion. Commissioner Richards stated that the proper time for this type of suggestion would be when a precise plan was before the commission for review. Chairman Crites stated that since the issue of traffic had not been addressed and should be, he could not vote in favor of the project. Commissioner Wood noted that the traffic is already here and should have been considered years ago, but felt that the applicant had a right to develop his property and felt that the service the facility would provide for the community should be considered. Commissioner Erwood commented that since it seemed like a even split on the vote, a continuance should be considered. Commissioner Wood replied that he had only been speaking to the issue of a traffic 6 i MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 19, 1985 +ur survey. Commissioner Richards felt it inappropriate to discuss a potential vote at this time. Commissioner Richards spoke to Mr. Snyder's comments regarding a park, and felt a lot of time and money had been spent on studies. He noted that the citizens most impacted by the project (merchants) were in favor and felt the traffic was not going to get better. Chairman Crites stated that without adequate information and the impact on the two lane traffic on El Paseo, he could not vote in favor of the project. Commissioner Richards asked public works if it would be feasible to have as an alternate access north/south connecting streets from Highway III widened. Mr. Gaugush replied that it would require extensive relocation. Commissioner Richards asked about the possibility of having San Pablo one way to Highway III and Larkspur one way to El Paseo. Mr. Gaugush replied that it would be feasible. Chairman Crites felt that the area was especially critical for one path with no right turn. Commissioner Richards stated that his concern regarding traffic was the safety aspect and felt that safety was not an issue and volume would not create more accidents. He noted that in some areas the turn lanes were not long enough or deep enough. Commissioner Wood stated he would like to read his opinion as to why a traffic_ analysis was not needed for the record. Mr. Dunham indicated that there would be traffic lights on either intersection on El Paseo and felt the project would allow vehicles a straight access from the project to Highway III and back. He also felt the project would solidify the El Paseo business district and indicated that traffic was something that had to be lived with. Chairman Crites closed the public testimony. Commissioner Wood commented that if the commission were to recommend a traffic study, he would read his comments for the record at that time. Commissioner Richards commented that he felt the change of zone would not negatively impart the area more. He also felt the public testimony overwhelmingly in favor of the project should be considered. Action: Moved by Commissioner Wood, seconded by Commissioner Richards, adopting the findings as presented by staff. Vote: 2-2 (Chairman Crites and Commissioner Frwood voting no. ) 7 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 19, 1985 �i The city counsel indicated that this could be a denial or a no action. Mr . Phillips recommended that the commission consider it a no action and continue the case to the next meeting when all five commissioners would be present. Chairman Crites reopened the public hearing. Moved by Commissioner Wood, seconded by Commissioner Erwood, continuing Case Nos. GPA 85-4 and C/Z 85-3 to December 3, 1985. Carried 4-0. C. Case Nos. PP 85-35 and PMW 85-19 - CRYSTAL, LTD., Applicant Request for approval of a 35,000 square foot office/ industrial complex located at the southwest corner of Beacon Hill and Hovley Lane in a service industrial zone. Mr. Sawa reviewed the request and recommended that a condition be added that the parking area shall be screened by a 42" high masonry wall and/or mounding along Beacon Hill to the satisfaction of the architectural commission. Staff recommended approval . Chairman Crites opened the public testimony and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed. There being no one, the public hearing was closed. The applicant signaled acquiescence to the additional condition. Action: Moved by Commissioner Wood, seconded by Commissioner Erwood, adopting the findings as presented by staff. Carried 4-0. Moved by Commissioner Wood, seconded by Commissioner Erwood, adopting Planning Commission Resolution No. 1103, approving PP 85-35 and PMW 85-19, subject to conditions as amended. Carried 4-0. D. Case No. PP 85-37 - DIANE STEWART, Applicant Request for approval of a negative declaration of environmental impact and precise plan of design to allow construction of a 10,750 square foot commercial building on .6 acres in the C-1 8 ark MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 19, 1985 vamp zone (general commercial district) located on the south side of El Paseo, approximately 225 feet west of Sage Lane. Mr. Sawa outlined the request and background of the proposed. He explained that a problem had come up which the applicant would address. Chairman Crites opened the public testimony and asked the applicant to address the commission. MS. DIANE STEWART, applicant, stated that she accepted the conditions as presented by staff. She explained that after talking to Mr. Foxx regarding the easement, he indicated that he would grant the easement under the condition that she adopt his retail philosophy and landscaping. She stated that her plans were already completed and requested a continuance while this matter was being re-examined. Commissioner Richards inquired as to staff's feelings regarding the adjacent easement. Staff indicated that the applicant had no access without the easement. Mr. Smith explained that as a condition of the conditional use permit for the Foxx property, Mr. Foxx was required to participate in a mutual easement. vow Ms. Stewart stated that the easement was drafted and submitted to the city clerk but never filed. Mr. Phillips explained the legalities involved. Ms. Stewart indicated that she had been told that because it was a conditional use permit condition, it was an on-going condition and she felt the city was in a position to help. Mr. Phi 1 1 i ps stated that the city can enforce the conditions of the conditional use permit. Chairman Crites suggested a 30 day continuance to allow the matter to be settled with or without city involvement. Commissioner Erwood suggested that staff determine whether the conditions of the conditional use permit were in compliance with city regulations. Chairman Crites stated that if the commission were comfortable with that, it would be considered a part of the motion. Mr. Phillips felt that it should be determined whether or not Mr. Foxx was informed by anyone about the easement to the east. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. 9 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 19, 1985 Commissioner Richards suggested to the applicant that since Mr. Foxx had tried many ideas for his project and has been successful , she might wish to incorporate some of Mr. Foxx's suggestions. Action: Moved by Commissioner Wood, seconded by Commissioner Erwood, continuing PP 85-37 to December 17, 1985. Carried 4-0. Moved by Commissioner Richards, seconded by Commissioner Erwood, directing staff to review any and all conditional use permits granted to the Foxx development to determine compliance with all conditions of those permits. Carried 4-0. VIII . MISCELLANEOUS A. Determination of use regarding dog and cat hospital . Mr. Smith explained that he had received a request to allow veterinarian clinics in the C-1 zone, using the clinic across from Carl 's Jr. as an example. Staff indicated that a minute motion was needed indicating that a veterinarian clinic could be a possible permitted use under a conditional use permit. Mr . Phillips stated that the commission would have to adopt an amendment stating that the planning commission may, by resolution, permit other uses which are similar and no more objectionable than those enumerated in this section (Ord. 96 Sl (part) , 1975: Exhibit A 525.20-2) . Commission determined that an ordinance amendment could be processed concurrent with any application that might be received. Action: Moved by Commissioner Richards, seconded by Commissioner Erwood, directing staff to initiate the appropriate resolutions as stated. Carried 4-0. B. Determination of use to allow Beerhunter to locate in the Carver Center located on the corner of Monterey and Country Club Drive. 10 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 19, 1985 Mr. Smith explained that the property is being developed under an approved precise plan which was approved following public hearings. He indicated that the planning commission under code sections indicated that uses in that zone were to be approved through the precise plan or conditional use permit process. He stated that staff had received an inquiry as to whether the Beerhunter could locate in the center without an additional public hearing and conditional use permit approval . It was the position of the commission that the entrance to the Beerhunter would be sufficiently distant from any potential impacts on the residential area that it should not cause a problem. It was noted by Commissioner Richards that the entrance of the establishment would be from the north side and that during overall public testimony, extensive measures were undertaken and are being implemented to buffer the rear of the commercial center from the residential area to the south. It was the consensus of commission that no further conditional use permit review (public hearing) was needed. IX. ORAL COMMUNICATIONS r,.. NONE. X. COMMENTS Chairman Crites reminded the commission of the joint meeting between the planning commission and the city council on Thursday, November 21 , at 2:00 p.m. in the administration conference room. XI . ADJOURNMENT Moved by Commissioner Wood, seconded by Commissioner Erwood, adjourning the meeting. The meeting was adjourned at 4:0 M. s � ? RAMON A. DIAZ, Secr .ta ATTEST: —_>> B ORD CR ES, Chairman /tm ll too