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HomeMy WebLinkAbout1007 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - OCTOBER 7, 1986 7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE STUDY SESSION WAS HELD PRIOR TO THE MEETING BEGINNING AT 6:00 IN THE COUNCIL CHAMBER CONFERENCE ROOM. I. CALL TO ORDER Chairman Crites called the meeting to order at 7:00 p.m. II . PLEDGE OF ALLEGIANCE Mr. Diaz led in the pledge of allegiance. III. ROLL CALL Members Present: Buford Crites, Chairman Bob Downs Rick Erwood Jim Richards Carol Whitlock Members Absent: None Staff Present: Ray Diaz Tim Connors Phil Drell Phil Joy Catherine Sass Joe Gaugush Tonya Monroe IV. APPROVAL OF MINUTES: Consideration of September 16, 1986 minutes. Action: Moved by Commissioner Downs, seconded by Commissioner Whitlock, approving the minutes as submitted. Carried 4-0-1 (Chairman Crites abstained) . V. SUMMARY OF COUNCIL ACTION Mr. Drell reviewed the actions of the September 25, 1986 city council meeting as they pertained to the planning commission. MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 1986 VI . AWARDS AND PRESENTATIONS MW The planning commission presented a resolution to Ralph Wood in appreciation of the effort, concern and care he put forth on the city's behalf. Commissioner Wood stated that the resolution was unique and felt that Mr. San Pedro had done an excellent job. He thanked the commission for the resolution and also congratulated Commissioner Whitlock on her appointment to the commission. Vil. CONSENT CALENDAR Commissioner Downs requested that #A be removed from the consent calendar. Commission concurred. B. Case No. PMW 86-20 - WILLIAM MURRAY & ASSOC., Applicant Request for approval of a parcel map waiver to adjust the property lines along the easterly boundary of unimproved portion of Kings Point Tract No. 4380- 1 and resolve encroachment of improvements by existing portion of said Kings Point. r1i C. Case No. PMW 86-21 - WILLIAM MURRAY & ASSOC. , Applicant Request for approval of a parcel map waiver to adjust the property lines along the easterly boundary of unimproved portion of Kings Point Tract No. 13323 and resolve encroachment of improvements by existing portion of said Kings Point. D. Case No. PMW 86-24 - DON & GRACE LINTON, Applicants Request for approval of a parcel map waiver to resolve encroachment on Lots 218 & 219 of Tract No. 4399. Action: Moved by Commissioner Downs, seconded by Commissioner Erwood, approving the consent calendar by minute motion. Carried 5-0. 2 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 1986 'ow A. Case No. TT 19503 - GEORGE FOX, Applicant Request for approval of a one year time extension for TT 19503. Commissioner Downs explained that he removed this item from the consent calendar to remind the applicant about the commission's policy to grant only one time extension. Action: Moved by Commissioner Richards, seconded by Commissioner Downs, approving the one-year time extension. Carried 5-0. VIII . PUBLIC HEARINGS A. Continued 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 sq. ft. convenience store. low Mr. Drell outlined the salient points of the staff report. Commissioner Richards indicated that the design of the development was closer to what he asked for and stated that he would be like it to go to the architectural commission for final review. Commissioner Whitlock stated that she never disagreed that there was an improvement, but expressed opposition to the AM PM market because of traffic. Chairman Crites opened the public testimony and asked if the applicant wished to address the commission. FRANK WELLS addressed the issue of traffic_ by stating that after study, it was determined that their projects do no generate additional traffic because if someone was going out to make a purchase the only decision to make is where. He also indicated that he would like the opportunity to go back to the architectural commission for final design. Mr. Wells stated that the only question he had on the conditions was the 22 foot dedication on the west side and the agreement where the city 3 f.. MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 1986 would donate 20 feet on the north side. Mr. Wells described the design changes that had been made. Mr. Drell indicated that it would be added to condition #14 that a portion of the right-of-way on the north boundary would be vacated as part of this project to the owner. Chairman Crites asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed. There was no one. Chairman Crites stated that he also had concerns regarding traffic, but felt that the design was an advantage. Commissioner Whitlock inquired about Caltrans approval . Mr. Drell informed commission that the case would have to come back if there were a problem with Caltrans. Mr. Wells indicated that they should have an answer from Caltrans in three weeks. Action: Moved by Commissioner Richards, seconded by Commissioner Downs, approving the findings as presented by staff. Carried 4-1 (Commissioner Whitlock voting no) . Moved by Commissioner Richards, seconded by Commissioner Downs, adopting Planning Commission Resolution No. 1185, approving CUP 86-1 , subject to conditions as amended. Carried 4-1 (Commissioner Whitlock voting no) . B. Continued 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. Drell indicated that the basic difference between senior housing and congregate care are the services provided. He explained how the in-lieu fee would be calculated. Staff recommended approval of the development agreement and the parcel map. Commission questioned the technical aspects of the agreement that had not been resolved, but expressed general agreement with the In-lieu figure of $460,000 and the method of calculation. 4 Mo MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 1986 Chairman Crites opened the public testimony and asked the applicant to address the commission. MS. JEAN EDWARDS, attorney for Charter Communities, felt that senior housing was needed in Palm Desert and indicated that if the fees were too high a project would not be feasible. MR. ROBERT BARTON indicated that he had not had a chance to address this fully, but expressed agreement with the in-lieu fee being the best way to handle the affordable housing issue. He indicated that he would like the figure lowered based on HUD and FHA figures and formulas. Commissioner Downs commented that he thought that this matter was pretty much settled at the joint session and the meeting between Charter Communities , the city manager, Dick Kelly, and Buford Crites. Mr. Barton replied that he did not know that they were talking about dollars and cents figures. Commissioner Erwood stated that a figure was quoted at $10,000 per unit. He indicated that once again the commission adjusted the figure downward and now the applicant was asking for the figures to be changed again. He wondered why the applicant did not bring this ir.. up at the meeting when it was discussed. Mr. Barton replied that they did agree to the in-lieu fee. Mr. Drell stated that. Mr. Reynolds had a copy of the staff report and calculations the day after the city council meeting. He also met with Mr. Reynolds several times. MR. NORM REYNOLDS discussed further the method of calculation. Commissioner Erwood suggested splitting the difference of the fee. Mr. Reynolds replied that if the commission approved the in- lieu fee method of calculation, they would appeal to the council . Chairman Crites indicated that Mr. Barton said he had not received the information and asked Mr. Reynolds if he had received notification. Mr. Reynolds stated that after the last council meeting he picked up a staff report that was incomplete. Mr. Drell stated that the report was exactly the same except that part of it was hand written, in addition he had discussed the matter with Mr. Reynolds. Mr. Diaz felt that enough time had been spent on this and recommended that the commission continue the hearing or approval the project. S MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 1986 Mr. Reynolds asked if there was any other alternative. Commissioner Richards indicated that the whole thing could be denied and they could appeal to the council . Chairman Crites noted that final approval rests with the city council . Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. There was no one. Chairman Crites asked if there were any other issues besides the technical wording between the attorneys that should not be recommended. Mr. Drell informed the commission that he would not advertise for the council until those items had been resolved. Chairman Crites asked Mr. Connors if it would be wise for the commission to recommend approval for something that has major or minor flaws. Mr. Connors replied that he did not know the differences between the attorneys involved but did not feel it would be a good idea. Mr. Diaz recommended that this case be continued. Ms. Edwards indicated that the items in question were between other attorneys, but felt that they were minor. Commission felt that the case should be continued to November 4, 1986. Mr. Reynolds said that if he were to agree to the development agreement as written and the fee structure, he wanted to know what changes could be discussed between now and the council meeting. Mr. Drell gave an example of what the differences were. Mr. Diaz stated that he would like the matter settled before going to city council and recommended a continuance to November 4, 1986. He indicated that commission did not want to coerce the applicant into agreeing to something he was against. Mr. Reynolds asked if there was no option but a continuance. Commission, staff, and the city attorney all felt a continuance was necessary. Action: Moved by Commissioner Richards, seconded by Commissioner Downs, continuing Case No. DA 86-6 to November 4, 1986. A FIVE MINUTE RECESS WAS CALLED AT 8: 10 P.M. C. Case Nos. PP 86-42 and PMW 86-23 - ROBERT RICCIARDI, Applicant Request for approval of a precise plan of design and parcel map waiver to allow construction of a seven unit apartment project in the R-3 zone on Driftwood Street at Sunset Lane. 6 ow MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 1986 Ms. Sass outlined the salient points of the staff report and indicated that a parcel map waiver application had not been received. Commissioner Downs asked about a condition for school fees. Mr. Diaz replied that it was covered under condition #3, but would be specifically addressed and added as a separate condition. Chairman Crites opened the public testimony and asked if the applicant wished to address the commission. MR. ROBERT RICCIARDI , 45-275 Prickly Pear Lane, expressed agreement with the staff report and conditions. Commissioner Whitlock asked if the applicant understood the conditions from Brent Counley of the sheriff's department. Mr. Ricciardi indicated that he had only one problem with all the doors facing the street and that was the glass next to the front door would have to be draped. He stated that he would like to keep that feature, if possible. He indicated that he would do as much as he could. Chairman Crites asked if it would be safety glass. Mr. Ricciardi replied that it was required by code. Chairman Crites asked if anyone present wished to speak in FAVOR or �.r OPPOSITION to the proposed. There being no one, the public testimony was closed. Action: Moved by Commissioner Downs, seconded by Commissioner Richards, approving the findings as presented by staff. Carried 5-0. Moved by Commissioner Downs, seconded by Commissioner Richards, adopting Planning Commission Resolution No. 1186, approving PP 86-42. Carried 5-0. D. Case No. CUP 86-6 - RANDY McWILLIAMS, Applicant Request for approval of a conditional use permit for a restaurant use on the northwest corner of Alessandro and the Frontage Road. Ms. Sass outlined the salient points of the staff report and recommended denial due to lack of parking spaces. Chairman Crites opened the public testimony and asked if the applicant wished to address the commission. 7 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 1986 MR. RANDY MCWILLIAMS, applicant, clarified that the location of WAN the project was the Frontage Road and San Carlos. He presented photos of the parking to the planning commission. He felt that the pictures depicted adequate available space for their needs in front of the proposed restaurant on the Frontage Road. MRS. ANTIONETTE MCWILLIAMS also reviewed the parking space situation and asked for approval . Commissioner Richards noted that in calculating the parking, staff did not use any Frontage Road parking. Staff indicated that this was correct. Commissioner Richards felt that the parking spaces directly in front could be counted in this case. He stated that he had a concern with the Lock Shop trucks parked out front, but indicated that if a letter from the Lock Shop was obtained stating that the restaurant could use the parking and that they would park their trucks in the back, he would be in favor. After determining that the applicant was leasing space from the Lock Shop, commission asked that it be required that the Lock Shop park their vehicle away from the Frontage Road. Staff indicated that if those conditions were met, they would be in favor of the conditional use permit. Mrs. McWilliams concurred that the trucks were unsightly and indicated that she would get a letter from the Lock Shop. Commission also indicated that it might be possible to include this in part of the lease. Mr. Diaz indicated that if this could be worked out with the city attorney, staff should be instructed to prepare a resolution of approval pending the letter from the Lock Shop. He felt that a minute motion was also needed to allow the applicant to proceed with the permit process. Commission concurred. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. There was no one. Action: Moved by Commissioner Downs, seconded by Commissioner Whitlock, instructing staff to prepare a resolution of approval as conditioned. Carried 5-0. Moved by Commissioner Down, seconded by Commissioner Whitlock, authorizing staff to proceed with the granting of permits if the applicant submits the proper letter for processing. Carried 5-0. 8 We MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 1986 IX. MISCELLANEOUS A. Possible Conditional Use Permit for offices for "There is a May" Television Ministry Mr. Diaz explained that staff was requesting a clarification as to whether or not the television ministry could submit a conditional use permit to have a facility at this location or whether it would be considered an office use. Mr. Batesole, 909 Sandpiper, noted that the acoustics were bad and indicated that it was difficult to hear. Commissioner Richards reviewed the comments by staff. Commissioner Downs stated that he had received several calls in opposition and indicated that he felt it was an office use. Ms. Edith Huntoon, 45-731 Portola, stated that it was a residential neighborhood and she would be against any kind of office use in her area and felt that it would lower property values. After further discussion commission determined that the use was office and Mr. Batesole was informed that the commission was not r.. against There is a Way being in Palm Desert, just against this particular location. Action: Moved by Commissioner Richards, seconded by Commissioner Downs, determining that the requested use is and office use and a conditional use permit would not apply. Carried 5-0. B. Smallwood Development Agreement Mr. Drell explained that at the September 25 council meeting the number of units was reduced to 12 per acre, with the applicant being relieved of providing any affordable housing units as well as creating an in- lieu fee. He outlined how that fee would be calculated. Chairman Crites asked how many affordable units were lost and how many units the fee would provide. Mr. Drell replied that 52 units were lost and the fee would provide 34.5 units. Mr. Drell indicated that council even expressed an interest in seeing more of these types of projects. Commissioner Richards felt the commission should have some idea of what council would like to see in the future. Mr. 9 M I NUTES PALM DESERT PLANNING COMMISSION OCTOBER 7, 1986 Diaz indicated that it seemed that everyone was waiting to see what r/ is going to be built. Action: Moved by Commissioner Downs, seconded by Commissioner Erwood, approving in concept the changes as submitted by staff. Carried 5-0. C. Commissioner Erwood asked if staff could get the background information on the legal ramifications of approving cooperatives. Commissioner Richards indicated that a preliminary meeting with staff could be made to that commission could here what he has to say. Mr. Diaz indicated he would contact the holder of the note and report back on November 4, 1986. Chairman Crites suggested that staff find out if financing can be made. X. ORAL COMMUNICATIONS MR. SANDY BAUM asked about the planning commission meeting on election night. Chairman Crites indicated that there would be a meeting. two Xi . COMMENTS None. XII. ADJOURNMENT Moved by Commissioner Downs, seconded by Chairman Crites, adjourning the meeting. The meeting was adjourned at 9:22 p.m. f// RAMON A. DIAZ, Secrets ATTEST: ORD ITES, Chairman /tm 10