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Home My WebLink About0506 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - MAY 6, 1986 7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE � � * * * � * * * * * * � � � * � * * * � � � * � * * � A ONE HOUR STUDY SE5SION WAS HELD PRIOR TO TNE MEETING BEGINNING AT 6:00 P.M. I. CALL TO ORDER Chairrnan Crites called the meeting to order at 7:05 p.m. II. PLEDGE � ALLEGIANCE Chairman Crites lead in the pledge of allegiance. III. ROLL CAIL Members Present: 8uford Crites, Chairman F�obert Downs Richard Erwood James Richards Members Absent: Raiph Wood �. Staff Present.: Ramon Diaz Dave Erwin Dick Folkers Steve Smith Phil Drell Phil Joy Tonya Monroe IV. APPROVAL OF MINUTES: Request for approval of minutes from April 8 and April 15, 1986 meetings. Action: Moved by Commissioner powns, seconded by Carnmissioner Richards, approving the minutes as submitted. Carried 4-0. V. SUMMARY OF COIJNC I L ACT I OIV Mr. Diaz surn�narized the actions of the council from the meeting of April 24, 19$6. ��.r MINUTES PALM DESERT PLANNING CQMMISSION MAY 6, 19$6 VI. CONSENT CALENDAR ,� None. VII. PUBLIC HEARINGS A. Case No. CUP 85-6 - VINEYARD CHRISTIAN FELLOWSHIP, Applicant Request for approval of a conditional use permit and negative declaration of environmental impact to establish a church in Desert Plaza buitding located on the south side of Highway 111 , east of E1 Paseo. Mr. Diaz �utlined the salient points of the staff repQrt and recommended approval . Commissioner powns asked if there were any laws to prevent thP adoption of the proposed conditions. Mr. Erwin stated that it was within the scope of the commission to determine use. Commissioner R9chards questianed the praximity af these t.wo uses in relati�n to future uses. Mr. Erwin replied that it could app1y to all future applicant5, or if there was an objection, it should be made now. � Commissioner Richards noted that the adjacent parcei was zoned for general commercial and asked about possible legal problems with peopie in that zoning. Chairman Crites stated that it was within the normal perimeter and the applicant would give up their optian to object. Chairman Crites opened the public testimony and asked the applicant to address the commission. MR. LARRY McMACHEN, appiicant, stated that he agreed to the conditions and felt that the church's ocrupancy would aniy be temporary, Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. There being no one, the public testimony was closed. Commissioner Richards indicated that he appreciated the explanation by the appiicant, but wanted to insure the protection of the parties invoived and expressed concern over setting a precedent and felt 2 � +�rr� MINUTES PA�M DESERT PLANNING C�MISSI�1 MAY 6, 19$6 +�+► that some foresight was needed. Mr. Diaz asked what additional wording could be added to conditir�n #4. Commission added the words, "tiquor license on existing and adjacent property." Action: Moved by Commissioner powns, seconded by Commissioner Erwood, adopting the findings as prese�ted by staff. Carried 4-0. Moved by Commissioner powns, seconded by Commissioner Erwood, adapting Planning Commission Resolution No. 1141 , approving CUP 85-6, subject to conditions as amended. Carried 4-0. B. Case No. PP 85-34 - LARRY McMACHEN, Appiicant Request for approvat of a 8,000 square foot pool supply warehouse in a service industriat zone located at the northwest corner of Beacon Hili and Mediterranean. Mr. Joy outlined the salient points of the staff report and recommended approval . Chairman Crites opened the public testimony. �...Y MR. LARRY McMAGHEN, app) icant, feit they had made all the changes requested. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. 7here being no one, Chairman Crites closed the public testimony. Action: Moved by Commissioner Richards, seconded by Commissioner powns, adopting the findings as presented by staff. Carried 4-0. Moved by Commissioner Richards, seconded by Commissioner Dawns, adopting Planning Commission Resolution No. 1142, approving PP �i5-34, subject to conditions. Carried 4-0. C. Case No. PP 86-13 - JOHN DEIIA, Applicant Request for approval of a precise plan of design for a triplex to be located in the R-3 zone 3 � MINUTES PALM DESERT PLANNING COMMISSION MAY 6, 1986 � `� located on the south side of Driftwood Street, ,,,� some 90 feet west of Deep Canyon. Mr. Diaz outlined the salient points of the report noting that the architectural commission required the applicant to restudy the mansard roof and recommended modification of parking by one space to create, as in a PRD or PUD, a driveway in front of parking to eliminate backing out onto the street. Staff recommended approval subject to the modification of parking and final approval by the architectural commission. Chairman Crites opened the public testimony and asked the applicant to address the cammission. MR. JOHN DEL�A, appiicant, expressed concern over change to parking which would delete landscaping. He felt. that it would resuit in a tess attractive front and noted that backing on�o the street was not prohibited by ordinance. After further discussion, Commissioner Richards felt that proper language should be wri�ten to indicate that a possibte modification of the off-street parking may be needed or the project be denied to allow the issue to be resolved between staff and the applicant. � Mr. Diaz stated that condition #6 would state, "Final plans must be � approved by the architecturai commission and possible modification of off-street parking to achieve that approval is granted." The applicant concurred. Chairman Crites asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed. There being no one, the public testimony was closed. Action: Moved by Commissioner powns, seconded by Commissioner Richards, adopting the findings as presented by staff. Carried 4-0. Moved by Commissioner powns, seconded by Commissioner Richards, adopting Planning Commission Resolution No. 1143, approving PP 86-13, subject to conditions as amended. Carried 4-0. D. Case Nos. PP 86-14 and VAR 86-1 - BERNARD LEUNG, Applicant Request far approval of a precise plan �f design, a variance to reduce the required number 4 � :� � MINUTES PALM DESERT PLANNING COMMISSION MAY 6, 1986 � of parking spaces from 30 to 28 and a negative declaration of environmental impact to allow construction af a 744h square foot retail/office building on a 18, 106 square foot praperty in the C- 1 zone (generai commercial district) locate� on the north side of Highway 111 , approximately 350 feet west of San Marcos. Mr. Smith outiined the salient points of the staff report, reviewing findings of approval for the precise plan and findings of denial for the variance. Commissioner Richards asked for clarification regarding the variance request. Mr. Smith informed commission that 30 parking spaces were required of which 28 were being provided. Commissioner powns noted that there was no parking along Alessandro. Mr. 5mith indicated that frontage road parking was available, but availabie space was reduced by the construction of two-way traffic. Chairman Crites opened the public testimony. MR. BERNARD LEUNG, architect, stated that the appiicant was requested to join an assessment district for future parking in the back area. He noted that a 10-15% deviation was cortrnon and �"" the request was for only 5�.. He stated that in the parking calculations, no off-street parking had been counted. Chairman Crites asked if anyone present wished t� speak in FAVOR or OPPOSITION to the proposed. MR. JIM GREENFIELD, owner, felt there would be plenty of parking in the empty lot and indicated a possibility of a second fioor. Mr. Leung discussed the details of a possible second story and possible adjustments to the parking. Chairman Crites closed the public testimony. Mr. Diaz note� that there was a dead end parking situation and staff did not know how long i� would exist. Commissioner Richards inquired as to the status of the redeveiopment discussions. Mr. Drell clarified that the core comrnercial committee had recommended development of the rear parking and that if adopted, it would have the muscle of the redevelapment. agency behind it. 5 � MINUTES PAIM DESERT PLANNING COMMt5SI0N MAY 6, 1986 � Commissioner Richards discussed staff's positions and expressed concern for the grounds of denial for the variance. Cha i rman Cr i tes fe 1 t that i f the f i ve percent (57.) was not a 1 arge issue, the building could be reduced by five percent. Commissioner powns noted that there has always been more than one ingress and egress and expressed concern for fire hazards. Commissioner Erwood agreed with Commissioner powns. Action: Moved by Commissioner powns, seconded by Commissioner Richards, adopting the findings for the precise plan as presented by staff. Carried 4-0. Moved by Commissioner powns, seconded by Richards, adopting Planning Commission Resolution No. 1144, approving PP 86-14, as amended and subJect to conditions. Carried 4-0. Moved by Commissioner powns, seconded by Commissioner Erwood, adopting the findings to reject the variance request as presented by s�aff. Carried 3-1 (Commissioner Richards voting na. ) � Moved by Commissi�ner powns, seconded by Commissioner Erwood, adopting Planning Commissian Resolution No. 1145, denying VAR $6-1 . Carried 3-1 tCommissioner Richards voting no. ) E. Case No. PP 86-17 - LARRY AND CAMILIE TOOD, Applicants Request for approval of a negative declaratian of environmental impact and precise plan for a 6�94 square foot (gross) , 5775 square foot (net) commerciai building on .38 acres within the C-1 , Generai Commerciai zone located on �he north Highway Iil frontage road between Las Paimas Avenue and San Clemente Avenue. Mr. Dreil outlined the salient poi�ts of the staff report and recommended approval . Chairman Crites o ened the public testimony and asked the applicant to address the cammission. � � � MINUTES PALM DESERT PLANNING COMMISSI�i MAY 6, 1986 �, MR. BERNARD LEUNG, architect, st�ted that there were no problems meeting the parking requirement and felt that the buildi�g was nice looking and would upgrade the property. Mr. Leung stated that. he would prefer having a third compact parking space than one foot of landscaping. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. There being no one, the public t.estimony was closed. Action: Moved by Commissioner Richards, seconded by Commissioner powns, ad�pting the findings as presented by staff. Carried 4-0. Moved by Cammissioner Richards, seconded by Commissioner powns, adopting Planning Commission Resolution No. 1146, approving PP 86-17, subject to conditions. Carried 4-0. F. Case No. ZOA 86-d - CITY OF PALM DESERT, Applicant Request for approval of an amPndment ta section 25.28.030 (General Commercial District) of the code of the rity of Palm Desert relating to �••r convenience stores and liquor selling establishments. Mr. Diaz outlined the salient points of the amendment. After discussion, Mr. Erwin noted that evaluation would be on a case by case basis, and only after a factuai determination that a nuisance exists. Chairman Crites asked if all uses in the zone wouid be effected, such as mortuaries. Mr. Erwin concurred. Commissioner Richards felt that this was doing something after the fact and noted that the city can already regulate hours of operation. Mr. Erwin explained that the amendment wouid allow the commission and counc i 1 a course of act i on i f a bus i ness changes or becomes i n any way offensive ta the public and gives some authority not to eliminate the use. Commissianer Richards asked if actual data would be obtained before the recommendation. Mr. Erwin concurred. Commissioner Erwood expressed disagreement with the amendment on the grounds that it was intrusive. Chairman Crites asked how the 7 � MINUTES PALM DESERT PLANNING COMMISSION MAY 6, 1986 commission could make a deterrnination of factual findings with no case law background. Mr. Erwin stated that factual findings could be made on everything that would be submitted to "the commission. He noted that his Office would create a set of guidetines to follow. Commissioner powns also expressed opposition to the amendment. Chairman Crites opened the public testimony and asked if anyone present wished to speak in FAVOR or OPPOSITION to the amendment. There being no one, the public testimony was closed. Mr. Diaz stated that the commission could send the amendment to council without a recortxnendation or instruct staff to prepare a resolution of denial . Commissioner Richards stated that it should be passed back to city council and felt. they were asking the commission to act without findings. Action: Moved by Commissioner Richards, seconded by Commissioner Erwood, instructing staff to prepare a resolution of denial . Carried 4-0. VIII. MISCELLANEOUS A. Senior Housin Pro'ect Re ort. �r� 9 J P Mr. Diaz informed commission that 900 units have been approved within the city's annexed areas. He did not feel that 900 units within a 20 square mile area was an inundation. B. Newman Center request for Parcel Map Waiver. Mr. Diaz stated that the Newman Center was requesting a parcel map waiver to join parcels. Action: Moved by Commissioner Richards, seconded by Commissioner Erwood, approving the parcel map waiver by minute motion. Carried 4-0. C. Mr. Charles Martin addressed the commission IX. QRAL COMMUNICATIONS NONE. � � � MINUTES PALM DESERT PLANNING COMMISSION MAY 6, 1986 � X. COMMENTS A. Commissioner Richards stated that a large sign was needed for the end of Portola into Ironwood that indicated Mesa View Drive and directions to Highway 7d because of automobile accidents. Mr. Foikers replied that. he wr�uld loak into the matter. B. Commissioner Richards indicated that the traffic signal at the intersection of E1 Paseo and Highway 7A turned from a green light to a red light within five seconds and feit it needed adjustment. Mr. Folkers answered that the signal was controlled by Cattrans, but that t.here would be a district directors meeting and he would bring it to their attention. C. Commissioner powns commended the public works department for the sign piaced on the frontage road saying, "Do Not Block." D. Chairman Crites requested an update on plans to complete the four lanes along Country Club from Monterey to Portola. Mr. Folkers repiied that it was being constructed jointiy with Rancho Mirage and should be completed in the early fall . Chairman Crites noted the traffic increase onto Sagewood. ;,,,, XI. ADJOURNMENT Moved by Commissioner Richards, seco�ded by Commissioner powns, to adjourn the meeti�g. Carried 4-0. The meeting was adjourned at 8:36 p.m. ! � �� . <F< L [/'` ��y ,`.`' �'_"/�j r a Y'.;'� ^'9 `��VA��r I RAMON A. DIAZ, Secret ATTEST: ,—� �r" 'c —_,_``�.. ;.�<... ,-�'" ' Y? , BUFQF�f?--C�21 TES, Cha i rman �fif � y �r