HomeMy WebLinkAbout0819 MINUTES
PALM DESERT PLANNING COMMISSION MEETING
TUESDAY - AUGUST 19, 1986
2:00 P.M. - CIVIC CENTER COUNCIL CHAMBER
73-510 FRED WARING DRIVE
If • } +F R M M R R * it ■ • • it M' � M if M iF w M M R M ,t
NO STUDY SESSION WAS HELD PRIOR TO THE MEETING.
1 . CALL TO ORDER
Acting Chairman Richards called the meeting to order at 2:00 p.m.
11 . PLEDGE OF ALLEGIANCE
Commissioner Downs led in the pledge of allegiance.
III . ROLL CALL
Members Present: Jim Richards, Acting Chairman
Bob Downs
Ralph Wood
Members Absent: Buford Crites
Rick Erwood
Staff Present : Pay Diaz
Dave Erwin
Phil Drell
Joe Gaugush
Tonya Monroe
IV. APPROVAL OF MINUTES:
Con�:ideration of August 5, 1986 meeting minutes.
Action:
Moved by Commissioner Downs, seconded by Commissioner Wood, approving
the minutes of August 5, 1986 as submitted. Carried 3-0.
V. SUMMARY OF COUNCIL ACTION
Mr. Diaz_ summarized city counciI 's August 14, 1986 action; as they
pertained to planning commission.
V1 . CONSENT CALENDAR
NONE.
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PALM DESERT PLANNING COMMISSION
AUGUST 19, 1986
VII . PUBLIC HEARINGS
A. Case No. PP 86-38 - EDWARDS CONSTRUCTION, Applicant
Request for approval of a precise plan for a
four-plex rental apartment project within the
R-3, 13,1-i00 (3) zone at 73-575 Shadow Mountain
Drive.
Mr. Drell outlined the salient points of the staff report, noting
that the architectural commission required redesigning of the
driveway, landscaping and full screening of the driveway. He
indicated that the project meets all the requirements and rer•ommended
,approval , subject to the conditions.
Commissioner Wood asked for the reasoning behind the redesigning of
the driveway. Mr. Drell replied tnat it was to avoid having any
cars hacking onto the street.
Acting Chairman Richards opened the public te,,timony and asked if
the applicant wished to address the commission. Acting Chairman
Richards noted that the applicant was not present and asked if
anyone present wished to speak in FAVOR or OPPOSITION to the
proposed. There being no one, the public testimony was closed.
Commissioner Wood stated that he saw no problems and noted that it
meets all the requirements, but felt that the applicant or a
representative should he present to show some interest.
Action:
Moved by Commissioner Downs, seconded by Commissioner Wood, adopting
the findings as presented by staff. Carried 3-0.
Moved by Commissioner Downs, seconded by Commissioner Wood, adopting
Planning Commission Resolution No. 1173, approving PP 86-38, subject
to conditions. Carried 3-0.
B. Case No. CUP 86-1 - ATLANTIC RICHFIELD, Applicant
Request for approval of a conditional use permit
to allow replacement of existing one island gas
station at the southwest corner of Highway III
and Portola Avenue with a two island station and
2000 q. ft. convenience store.
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PALM DESERT PLANNING COMMISSION
AUGUST 19, 1986
Mr . Drell distributed exhibits and photos for the commission and
outlined the salient points of the staff report. He noted that the
applicant agreed to join the assessment district for President's
Plaza as a parking requirement and indicated that the driveway onto
Portola would be eliminated. Staff recommended approval .
Acting Chairman Richards questioned the quality of landscaping heing
provided and asked if it could compare to Country Club and Monterey.
Mr. Drell felt the quality was comparable, but not area. Acting
Chairman Richards asked if berming could be provided. Mr. Drell
replied that it would be difficult with only six feet, but indicated
that a three foot wail would be along the inside.
Commissioner Downs asked if a sidewalk was being provided. Mr.
Drell replied yes, all the way around, noting that the elimination
of the Portola driveway would help.
Commissioner Wood stated that the planning commission, architectural
commission, and staff agreed that this corner is an eyesore with no
foreseen future development. He felt upgrading would solve some of
the problems even though Palm Desert has enough convenience stores.
MR. DALLAS HOLMES, Best , Best , & Krieger, noted that the
Arco Station currently does not meet city standards. He
.... recognized the fact that upgrading was needed and felt the
proposal was an improvement. He stated that he concurred with
the architectural and staff recommendations.
MR. FRANK WELLS, real estate coordinator, stated that it ham.
taken them five months to get to the planning commission. He
felt the mini-market meets with unique quality of the City of
Palm Desert. Mr. Wells agreed that upgrading was needed for
the property. He stated that the architectural r.ommis�.ion
suggested two-three foot of berming in the northwest corner;
he also discussed the traffic flow and explained that the
property was leased on a long-term basis from a family who
decided not to join the assessment district when it was formed.
Mr. Wells expressed gratitude to the city for allowing ARCO the
opportunity to use the parking and driveway in president
plaza.
Acting Chairman Richards asked why ARCO would want to put that much
money into that small of a location and asked how many square feet
was involved. Mr. Holmes replied that the property is 15,000 square
feet and explained that it would be easier to upgrade the property
than to obtain a new piece of land.
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PALM DESERT PLANNING COMMISSION
AUGUST 19, 1986
Acting Chairman Richards asked if the management would remain the
same. Mr. Holmes replied yes, noting that the AM PM Mini Markets
were added to ARCO stations six years ago and would be offered to the
present dealer.
Commissioner Wood asked if ARCO would operate and lease out the gas
station and convenience store. Mr. Holmes replied no. Commissioner
Wood asked if the station owner could offer the convenience store
separately to someone else. Mr. Holmes replied no.
MR. CLYDE SWEAT, traffic engineer, explained the traffic
flow pattern and stated that it would prevent cars backing
onto Portola.
Vice Chairman Richards noted that the Portola entrance would be
closed and asked Mr. Sweat if he expected most traffic to come in
from the north. Mr. Sweat replied yes and indicated that the city
did not want traffic to back into the street. Vice Chairman Richards
expressed the opinion that it was a poor location for a service
station, but felt a viable product was being offered.
Mr. Frank Wells stated that in his determination the project is a
community facility used by members of the community who would
recognize the traffic considerations. He noted that a similar
development in San Diego is operating fine and they have no access
from the street, only from inside. He felt that if the project were
located next to a state highway, it would not work. He asked for
approval by adoption of the resolution.
Acting Chairman Richards asked if anyone present wished to speak in
FAVOR or OPPOSITION to the proposed.
MR. SANDY BAUM, 45-800 Deep Canyon, asked about
the six foot wall . Mr. Drell replied that it
would be moved. Mr. Baum asked for and received
clarification on the landscaping on the southwest
corner. Mr. Baum requested that a more intense
use of landscaping be used ( i .e. Lucky's,
Jensen's) due to the lack of landscaping strip
along Highway Ill . He suggested that when the
road is widened, the frontage road be made into
a dead-end street to allow more landscaping,
noting that the sidewalk could be used on the
other side of Highway Ill . He indicated that he
would rather see landscaping than sidewalk.
)
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PALM DESERT PLANNING COMMISSION
AUGUST 19, 1986
Mr. Baum indicated that he was not against the
project, but stated that he would like to see
something nicer built. Mr. Drell indicated that
the city initially brought the issue of the
frontage road up in initial discussions. Mr.
Gaugush stated that the whole block would have to
be incorporated, indicating that the city has no
present plans to do this.
Acting Chairman Richards asked what the best case scenario would he
if the frontage road were to he closed. Mr. Gaugush stated that
there was a problem with funneling traffic from a street through a
parking lot. Mr. Diaz stated that at present city plans do not
project a super block, but stated that if it was needed in the
future, it could be done.
Commissioner Downs stated that he did not know how a super block
could be put on Portola and suggested the elimination of sidewalk
to be used as landscaping and berming, indicating that the sidewalks
across the street could be used.
Acting Chairman Richards expressed dissatisfaction with the village
concept . He indicated support of the upgrading of the service
.�.. station and stated that it looked like the convenience would come
with it. He suggested that the applicant look at some projects ( i .e.
Mobil , Car Wash) that would make this project more attractive
aesthetically. He also felt there was a lack of a good rendering.
He suggested berming along Portola so that sitting cars would
not be visible, and also suggested a five foot retaining wall with
the berming up to the wall with intense landscaping. He stated that
he would like to see the changes on a rendering to reflect the nicer
projects seen in this city. He stated that he did not approve of the
present plan aesthetically and felt that Atlantic Richfield was in a
position to do a better job.
Commissioner Wood stated that he was sensitive to the convenience
store and asked if it would be correct to refer the case back to
staff to study the design. He noted that it was a prominent corner
in the city. Mr. Diaz indicated that if commission concerns were in
regard to the aesthetics it would be referred back to the
architectural commission; if they were in regard to the convenience
store it would be a council matter.
Acting Chairman Richards felt the matter should be referred to the
architectural commission with specific issues to address and felt
that sidewalks can be used on the other side of the street . Mr. Diaz
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PALM DESERT PLANNING COMMISSION
AUGUST 19, 1986
indicated that the elimination of the sidewalk should be referred to too
council .
Commissioner Downs asked if the sidewalk could be reduced to allow
more room for landscaping into the right-of-way. Mr. Drell felt
that a reduction would double the amount of landscaping that could
be provided. Commissioner Downs noted that the applicant could berm
the landscaping with the additional room.
Acting Chairman Richards indicated that the areas to be studied were
the landscaping, berming to the four foot level , a retaining wall to
obtain the level , choices of materials, and ali architectural plans.
Acting Chairman Richards suggested better looking materials and a
heavier use of rusts and spanish influence within keeping of the
overall design to incorporate the village atmosphere.
Commissioner Downs suggested that the applicant work with staff and
the architectural commission. Acting Chairman Richards indicated
that he would like to see the project come before the commission
again to see the changed product.
Commissioner Wood stated that he would make the motion referring
back to architectural commission the conditions and revisions as
suggested by the chairman, noting that the intent is merely to study
the design of the gas station and convenience store and indicating
that commission did not find the project objectionable.
Action:
Moved by Commissioner Wood, seconded by Commissioner Downs, referring
this case to back to the architectural commission for discussion of
design concerns, continuing this case to September 2, and approving
the overall project in concept. Carried 3-0.
C. Case No. DA 86-6/Parcel Map - CHARTER COMMUNITIES, Applicant
Request for approval of a Development Agreement
and Parcel Map for 239 unit congregate
care/skilled nursing facility.
Mr. Diaz explained that staff was requesting a continuance because
the final draft of the development agreement had not been received.
Mr. Drell indicated that there was some controversy over the
development agreement and felt that there were substantial areas of
disagreement that should be discussed with commission in a future
study session. Staff recommended a two week continuance.
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PALM DESERT PLANNING COMMISSION
AUGUST 19, 1986
�+ Commissioner Wood asked why the commission should go through this
matter now, when it will come back again. He felt everything should
be held up until the matter comes back. Commissioner Downs replied
that there might be people in attendance that would wish to speak
regarding this case. Mr. Erwin concurred.
Acting Chairman Richards opened the public testimony and asked the
applicant to address the commission.
M$. JEAN ANN HERSHI , attorney, stated that she was working on a
development agreement that would have alternatives to the
senior housing. She felt everyone could agree that there was a
lack of retirement homes. She indicated that alternate types
could be provided ( i .e. six month rentals that would not
require large down payments) . She stated that a project of
this nature is more expensive and that the cost should not be
prohibitive to the developer. She indicated that 1 ) school
assessments were being referred to the school district and
stated that senior facilities do not have impacts on schools
and, 2) that regarding the affordable housing conditions, their
agreement would suggest alternatives for the planning commission
and city council . Ms. Hershi stated that if the conditions were
too onerous they would not be able to build the project . She
indicated that Charter Communities would like to have some kind
of study group with the council and staff in a study session.
MR. BOB BARTON, Charter Communities-San Diego, explained that
they decided to build the facility here after studying the
demographics. He indicated that he had more than 50% of the
Joslyn Cove Senior Center members answer a questionnaire and
indicated that they expressed interest in the location. He
stated that the architectural commission unanimously approved
the facility in concept. He informed commission that he had
been involved with senior projects for more than 20 years and
felt that some requirements of the senior overlay and
development agreement of the City of Palm Desert were not "in
sink" with state laws and regulations. He stated his concern
over the definition differences between senior housing and
senior apartments. He felt it would be a good idea to have a
study session with the commission, council and staff to discuss
policies. He stated that a proposed development agreement
would be submitted and indicated that he would like to bring in
some outside experts to discuss the project.
MR. NORM REYNOLDS, Charter Communities-San Diego, stated that
they have been trying to work with staff since December relating
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PALM DESERT PLANNING COMMISSION
AUGUST 19, 1986
to senior housing and the development agreement. He indicated %me
there were some fundamental differences regarding the overlay
requirements . He asked for feedback from the planning
commission.
Acting Chairman Richards stated that since the commission had not
been privy to previous discussions, it would not be appropriate to
discuss the case at this time, as well as the fact that there are
several areas of differences.
Commissioner Wood asked if the differences regarding the development
agreement was a matter of legal interpretation. Mr. Diaz explained
that a development agreement was required by the senior overlay
zone, which is the code as part of the legal requirement and had
been sent to city council . Mr. Diaz recommended that the commission
should not meet with the applicant at this time, as an application is
in process and should be discussed at the study session.
Commissioner Wood felt the commission should not get into this
matter now because of it being a legal problem and commission
would want to confer with counsel .
Acting Chairman Richards informed the applicant that the commission
would not be giving any feedback on this matter to them at this time.
Mr . Reynolds indicated that they were told to follow certain
procedures. Acting Chairman Richards stated that the development
agreement comes from staff and indicated faith in staff's ability.
Mr. Drell explained that the basic deficiency is that no one has the
final draft of the development agreement and indicated that planning
commission would get it before the next meeting, which was the
reason for the continuance request.
Commissioner Wood noted that the reason the public testimony was
opened was to hear from the audience.
Acting Chairman Richards asked if anyone present wished to speak in
FAVOR or OPPOSITION.
MRS. GEORGIA BARTON, 44519 San Anselmo, stated
that she was trying to protect her pool on the
east end of the property. She indicated that.
Mr. Starr, the previous developer, had agreed to
7-8 feet along boundary would be deeded to her.
She stated that at the last meeting it was made
a condition of Charter Communities that. 6 feet
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PALM DESERT PLANNING COMMISSION
AUGUST 19, 1986
�.• would be deeded. She asked if the conditions of
approval were legally binding. Mr. Erwin stated
that If the condition was placed as part of the
planning process, it is a legally binding
cond i t i on to the be enforced by the c i ty or any
affected party. Acting Chairman Richards stated
that it was made a condition of approval . Mrs.
Barton informed commission that a fire had
damaged part of the property and she would like
to begin reconstruction. Mr. Diaz informed her
that she could not begin any kind of work within
that six feet unless the project has been
approved; stating that if there is no project,
there is no condition.
MR. KIGER BARTON, 44519 San Anselmo, stated that he
received a notice for the hearing but because could not
find out what the meeting was about. He noted that when
the project was first approved it was one kind of project,
now the present proposal was another - one part a nursing
facility and one part apartments. Mr. Barton asked who
they were affordable to and if they would be high or low
in cost. He indicated that he would like to see some type
of development. Mr. Barton asked if the proposed
development fails, what would become of the apartments and
would the zone change. He also asked that if the project
Is built he would like the wall built first because of
noise.
Mr. Diaz explained that a change of zone to AHPR zone would have to
be applied for or the units would have to comply with the underlying
zone. Mr. Drell noted that this is very difficult to change because
of the design of the units. Mr. Drell also explained that there
would be three types of care provided: a 58 bed skilled nursing
facility, 180 congregate units, and apartments of which some will
also received extended care operated by one organization.
Action:
Moved by Commissioner Wood, seconded by Commissioner Downs,
continuing DA 86-6 and parcel map to September 2, 1986.
VIII. MISCELLANEOUS
1 . Mr. Diaz indicated that future development agreements would be
presented simultaneously with the project.
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PALM DESERT PLANNING COMMISSION
AUGUST 19, 1986
2. Commissioner Richards noted that some cases are opening up new
territories and asked about the city have guidelines for
development agreements. Mr. Drell replied that the city has
certain guidelines that are standard and noted that in the
previous rase the applicant had requested that their attorney
prepare the agreement. Mr. Diaz stated that he would like a
study session set to discuss the different types of senior
housing. Mr. Diaz noted that there would he a study session on
September 2 to discuss Santa Anita and suggested including
senior housing types. Commission concurred with Commissioner
Wood expressing concern that senior housing in Palm Desert
would drift into the same kind of development that is on
Sunrise in Palm Springs.
i. Mr. Diaz explained that the Shadow Mountain Racquet Club had
been sold as a stock cooperative. He indicated that lending
institutions would not allow for any refinancing unless a
parcel map was filed. He noted that there would be parking
deficiencies and the cost would be $25,000. Acting Chairman
Richards indicated that it was the choice they made when it was
developed and did not feel a parcel map should be allowed. Mr.
Diaz felt the developer was the one who got away with it,
indicating that it would be discussed on September 2.
4. Mr . Erwin distributed a hand out regarding HDP 86-2 and PM
21655 to delete the words "and be recorded" and adding the
words "by the city engineer" based on the recommendation of
both Mr. Folkers and Mr. Erwin. Condition ##14 would read: A
complete parcel map shall be submitted as required by ordinance
to the city engineer for checking and approval by the city
engineer before issuance of any permits associated with this
project.
Action:
Moved by Commissioner Downs, seconded by Commissioner Wood, to
accept the modification as presented for HDP 86-2 and PM 21655.
Carried 3-0.
IX. ORAL COMMUNICATIONS
NONE.
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PALM DESERT PLANNING COMMISSION
AUGUST 19, 1986
WM9i
X. COMMENTS
NONE.
XI . ADJOURNMENT
Moved by Commissioner Downs, seconded by Commissioner Wood, to
adjourn the meeting. Carried 3-0.
The meeting was adjourned at 3;e;W'q-
,
RAMON A. DIAZ, Secr to
ATTEST:
BUF -C.R1=TES, Chairman
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