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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. rr.. MINUTES 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. 2 MINUTES 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. MINUTES 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. ) 4 MINUTES 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 S r.. MINUTES 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. 6 MINUTES 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 7 r.. MINUTES 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 8 MINUTES 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. 9 MINUTES 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. 10 MINUTES 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 11 �r/