HomeMy WebLinkAbout1104 MINUTES
PALM DESERT PLANNING COMMISSION MEETING
TUESDAY - NOVEMBER 4, 1986
7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER
73-510 FRED WARING DRIVE
NO STUDY SESSION WAS HELD PRIOR TO THE MEETING.
1. CALL TO ORDER
Chairman Crites called the meeting to order at 7:06 p.m.
II . PLEDGE OF ALLEGIANCE
Commissioner Erwood led in the pledge of allegiance.
III . ROLL CALL
Members Present: Buford Crites, Chairman
Bob Down-,
Rick Frwood
Jim Richards
Carol Whitlock
Members Absent: None
Staff Present: Ray Diaz
Tim Connors
Steve Smith
Phil Drell
Catherine Sass
Dick FolkPrs
Jonathan Van Moyland
Tonya Monroe
IV. APPROVAL OF MINUTES:
Consideration of October 7, 1986 meeting minutes.
Action:
Moved by Commissioner Downs , seconded by Commissioner Richards,
approving the minutes as submitted. Carried 5-0.
V. SUMMARY OF COUNCIL ACTION
No summary of city council action was given.
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PALM DESERT PLANNING COMMISSION
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VI . CONSENT CALENDAR �rrlrr
A. Case No. PP 84-34 - PD 111, Applicant
Request for approval of a time extension to
March I , 1987 for Case No. PP 84-34.
Action:
Moved by Commissioner Downs, seconded by Commissioner Whitlock,
approving the consent calendar by minute motion. Carried 5-0.
Chairman Crites indicated that commission would reorder the items on the
agenda to hear Oral Communications, Miscellaneous Item A, Public Hearings A,
E, F, B, C, and D in that order. Commission instructed staff to permanently
move oral communications on the agenda format.
IX. ORAL COMMUNICATIONS
MRS. GLORIA KIRKWOOD, 73-401 Salt Cedar, read a letter submitted to
the planning commission regarding Lewis Homes constructing site pads
at approximately three feet above their fences and expressing a wish
for the planning commission, city council , and city attorney to 1 )
review immediately what was approved for the Lewis Homes Construction
sites as far as streets, sewers, elevations, and walls are concerned;
2) commission, council , attorney, and staff visit each of the homes
this week and observe; 3) construction of the Lewis Homes site pads
to stop immediately until all pertinent authorities have had the
opportunity to see if the construction has been done in accordance
with approved plans; and 4) a representative from staff and city
attorney's office to meet with the homeowners to discuss concerns and
personal property losses.
MR. GARY MORRIS, 73-285 Salt Cedar, consulting engineer for the
property owners on Salt Cedar Street , formally protested the negative
impact that the Lewis Homes development will have on the properties
because of: invasion of privacy, inappropriate construction pad
elevations, restriction of property owners' view, creation of an
environment conducive to vandalism and burglaries, and lack of
adequate perimeter walls. He requested that city representatives
meet with the property owners to discuss an adequate resolution
of the problems.
Mr. Diaz stated that staff has been looking into the issue and
indicated that meetings and further investigation will occur.
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Mr. Folkers informed commission that a red-tag had been placed on
the project , which shut down construction. He explained that a
meeting was scheduled with Lewis Homes, after which he would inform
everyone (the homeowner liaison) what could be done to resolve the
concerns. Commissioner Richards asked if the project was being built
to plans. Mr. Folkers replied that staff was looking into it. Mr.
Folkers also noted that the project was originally approved in 1979,
with revisions being approved last year.
MS. LOIS BRADSTREET, 73-441 Salt Cedar, stated that she attended the
hearings on the original approval at which time she was told there
would be prot.ertion of a wall to the south and then there would
be a road; she didn't know when that concept had changed. She
indicated that as a realtor she knew that the property would devalue
from $20,000 to $30,000.
MR. JACK FLLIS, 43-379 B Martini Court, expressed concern over the
lights at the College of the Desert and asked if the city had ever
reviewed the plans . Chairman Crites replied no because of the
property being owned by the state. Commissioner Richards stated
that he was on a committee that was working closely with COD on
developing the adjacent land and indicated that he would get involved
and try to help reduce the problem.
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VIII . MISCELLANEOUS
A. 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.
Commissioner Richards asked if the applicant had complied with the
planning commission condition that the applicant obtain written
verification regarding the Lock Shop trucks parking away from the
frontage road. Staff replied affirmatively.
Action:
Moved by Commissioner Downs, seconded by Commissioner Whitlock,
approving the findings as presented by staff. Carried 5-0.
Moved by Commissioner Downs, seconded by Commissioner Whitlock,
adopting Planning Commission Resolution No. 1187, approving CUP
86-6. Carried 5-0.
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VII . PUBLIC HEARINGS
A. Continued Case No. OA 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 explained that the in-lieu fee was still $460,000. He
noted that the applicant felt that the accumulative impacts from all
types of fees might jeopardize the project entirely. Staff
recommended adoption of the resolution and agreement as submitted.
Commissioner Erwood asked if the commission would be recommending to
city council the $460,000 fee ($8,800 per unit) . Mr. Drell replied
yes.
Chairman Crites opened the public testimony and asked the applicant
to address the commission.
MR. NORM REYNOLDS, San Diego, submitted a list of fees being
required for the project and asked commission to give
consideration to the amount of those fees. He indicated that
the amount of fees required directly effects the cost to seniors
for housing. He requested feedback from the commission.
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 stated that he felt the project should he
asked to pay their fair share, but felt that $1 .6 million before
construction was too exorbitant. He noted that while the city has
no control on fees required for the school district, water, etc. ,
asking $50,000 for art in public places for a senior housing project.
was not feasible.
Commissioner Erwood indicated that while the applicant appeared
cooperative, he recalled that at the last meeting where the applicant
felt that an in-lieu fee of $360,000 would be reasonable, at which
time Commissioner Erwood had asked if the applicant would consider
splitting the difference between the $460,000 and the $360,000. The
applicant had replied that they could not. Commissioner Erwood
stated that he felt the amount per unit to get the density bonus for
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PALM DESERT PLANNING COMMISSION
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the low income housing seemed reasonable and supported staff's
recommendation.
Commissioner Downs felt that due to the "Art in Public Places" fee,
he would be willing to reduce the in- lieu fee to $360, 000.
Commissioner Whitlock suggested reducing the in-lieu fee amount by
the $50,000 for a total of $410,000.
Mr. Diaz informed commission that as of January 1 , 1987 the school
district would impose the fee of $1 .50 per square foot per dwelling
unit . Mr. Diaz indicated that staff would not recommend that
commission alter the fee structure from one area to another and
suggested that this be discussed at the next joint meeting.
Chairman Crites opposed any reduction because: 1 ) the fee structure
is comparable to other California cities and in some cases lower; 2)
when city council and the year 2000 committees established the "Art
in Public Places" fee it was not designed to be taken out of
affordable housing fees and when council and the committee were
asked if the fee was too high, they replied no; and 3) $460,000 was
a reasonable fee. He reviewed all the concessions already made for
the applicant and felt that the fee structure had been agreed to at
the joint meeting.
Commissioner Richards reiterated that the total fee structure should
be reviewed and felt that the commission should not pass this total
fee package without. comment to city council and suggested an
amendment.
Commissioner Erwood indicated that while this was the first time the
commission had seen the actual layout of the total fees, it did not
make a difference to the $460,000 being asked. If that amount was
deducted, it would still total $1 .2 million. He felt that the
validity of the fees was not an issue.
Chairman Crites suggested that commission hold this issue. Mr.
Drell indicated that affordable housing is expensive and felt
the fee of $460,000 was a relative amount.
Action:
Moved by Commissioner Downs, seconded by Commissioner Richards,
adopting the findings as presented by staff. Carried 5-0.
Moved by Commissioner Downs, seconded by Commissioner Whitlock,
adopting Planning Commission Resolution No. 1188, approving PM 21895,
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subject to conditions, and recommending approval of DA 86-8 to the �11
city council . Carried 5-0.
Commissioner Richards stated that he would like an amendment added
to inform council that the fee structure involved here is pertaining
to city fees. Chairman Crites stated that a minute motion could be
placed relating to Resolution No. 1188.
Action:
Moved by Commissioner Richards, seconded by Commissioner Downs,
recommending by minute motion that city council review the total fee
structure that the city is now imposing upon any development in the
zones that the city has required fees for density bonuses as to the
impact on the total project. Carried 4-1 (Chairman Crites voting
no) .
E. Case No. PP 86-46 - RICHARD OLIPHANT b ASSOCIATES, Applicant
Request for approval of a four unit apartment
project on the west side of the southerly
terminus of Lantana Avenue.
Mr. Diaz recommended a continuance. No
Chairman Crites opened the public testimony and 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,
continuing PP 86-46 to November 18, 1986. Carried 5-0.
F. Case No. PP 86-47 - HARRY SCHMITZ, Applicant
Request for approval of a negative declaration
of environmental impact, precise plan of design
and conditional use permit to allow construction
of a seven unit senior citizen apartment project
located on Santa Rosa Way, east of San Pascual
Avenue.
Mr. Diaz recommended a two-week continuance.
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Chairman Crites opened the public testimony and 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 Richards,
continuing PP 86-47 to November 18, 1986. Carried 5-0.
B. Case No. PM 22042 - ZTM/FLYING BUTTRESS, Applicants
Request for subdivision of an existing 12,840
square foot lot into two lots having a minimum
lot area of 6420 square feet in the R-I zone at
the southwest corner of El Cortez Way and Santa
Ynez Avenue.
Mr. Smith explained that this matter was before the commission in
September and was in accordance with the variance that was granted
at that time.
Chairman Crites opened the public testimony and asked if the
applicant wished to address the commission.
low MR. VICTOR VILLENEUVE, representing the applicant, concurred
with the staff report.
Chairman Crites asked if anyone present wished to speak in FAVOR or
OPPOSITION to the proposed. There was no one and Chairman Crites
closed the public testimony.
Action:
Moved by Commissioner Downs, seconded by Commissioner Erwood,
adopting the findings as presented by staff. Carried 5-0.
Moved by Commissioner Downs , seconded by Commissioner Erwood,
adopting Planning Commission Resolution No. 1189, approving PM 22042,
subject to conditions. Carried 5-0.
C. Case No. PP 86-44 and C/Z 86-7 - DR. G. ROBERT ROGERS, Applicant
Request for approval of a precise plan of design
and zone change from R-1 S.P. to PR-2 S.P. to
allow construction of a residential project
consisting of one single family residence, one
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duplex stricture and one vacant lot for a future
R- 1 type structure, located on a triangular
shaped parcel directly southeast of the
intersection of Mesa View Drive and Highway 74.
Ms. Sass out Iined the salient points of the staff report and
recommended approval .
Chairman Crites opened the public testimony and asked if the
applicant wished to address the commission.
MR. JOSEPH DUNN, 43-945 San Ysidro Circle West, asked if
commission had any questions. Commissioner Erwood noted that
he had seen a for sale sign on the property and asked if the
applicant was planning on building, or getting approval to
promote property sales. Mr. Dunn replied that he knew of no
intention to sell and felt that the owner was planning to occupy
part of the complex.
Chairman Crites asked if anyone present wished to speak in FAVOR or
OPPOSITION to the proposed.
MR. PETERSON, Indian Hills, expressed concern regarding access.
Ms. Sass informed him of where the access would be located. ago
Mr. Peterson asked if the street was public or private. Mr.
Folkers replied public.
Commissioner Richards asked if there would be any substantial
changes in the elevation. Ms. Sass replied none of which she was
aware.
MR. LAWRENCE FRY, 48-700 Desert Flower, felt that the duplex
was not compatible with the area and asked about the size of
the development.
Commissioner Richards felt that this would be a desirable development
and a much better neighbor. Chairman Crites noted that under the
present zoning the applicant would be able to apply for something
more intense that what was being requested.
Chairman Crites closed the public testimony.
Action:
Moved by Commissioner Downs , seconded by Commissioner Richards,
adopting the findings as presented by staff. Carried 5-0.
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Moved by Commissioner Downs, seconded by Commissioner Whitlock,
adopting Planning Commission Resolution No. 1190, approving PP 86-44
and C/Z 86-7, subject to conditions. Carried 5-0.
A FIVE MINUTE RECFSS WAS CALLED AT 8: 15 P.M.
D. Case No. PP 86-45 - THOMAS MILLER, Applicant
Request for approval of a negative declaration of
environmental impact and a precise plan of
design to allow construction of 168 unit inn, a
full service restaurant and a gas station on 10
acres in the PC (4) S.P. and PR-5 N, S.P. at the
northeast corner of Highway III and Deep Canyon
Road.
Ms. Sass outlined the salient points of the staff report and noted
that conditions had been added per Hidden Palms homeowners' concerns.
Staff recommended approval .
Commissioner Downs asked for clarification on the service provided
by the gas station market. Ms. Sass replied that small items and
soda pop would be provided, but not as full a service as a
convenience store. Chairman Crites asked if there were any
objections to burying the car wash in a berm. Ms. Sass did not see
any problem and indicated that architectural commission suggested
berming and noted that it would return to architectural commission
for final approval .
Chairman Crites opened the public testimony and asked if the
applicant to address the commission.
MR. SANDY BAUM, 45-800 Deep Canyon, indicated he had been
working on site for three years and felt it would be compatible.
He indicated that he had met with Hidden Palms on October 18.
Commissioner Downs asked if he had met with any other homeowners
besides Hidden Palms. Mr. Baum replied no, but indicated that
the recess gave them an opportunity to review the plans.
MR. BOB FOSTER, developer for Residence Inn, stated that the
project meets the criteria of zoning and indicated that they
were working diligently to meet the requirements of the
architectural commission. He noted that there would be 22%
building coverage and 50% open space provided. He stated that
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he would work with staff to comply with conditions . r
Commissioner Richards asked if there was anything unique about
this particular Residence Inn. Mr. Foster replied that the
Inns are all the same. Commissioner Richards recommended that
the applicant study the buildings to the west for tile and
arch designs, as well as Hidden Palms architecture. Mr. Foster
indicated that he was trying to achieve a design to make most
people happy as long as he could retain the basic floor plan.
Commissioner Whitlock asked if the gate house provided security.
Mr . Foster replied that it was a registration office.
Commissioner Whitlock asked for and received clarification
regarding services provided by the restaurant, the usable
balcony condition, and air conditioning units. Chairman Crites
asked about a provision of a water feature, citing Embassy
Suites as an example. Mr. Foster indicated that with the Art in
Public Places provision, some kind of detail would be provided.
MR. DAVID FLOOD, Santa Monica, described the service station
and car wash services. He indicated that the car wash would
only be open during daylight hours . He stated that the
buildings would be very simple in design with a motto of less
is more. He indicated concurrence with the staff report and
asked for approval . Commissioner Richards suggested a more
unique village style architecture. Mr. Flood replied that a
residential look might be inappropriate on a commercial street,
would block views, and would be distracting from a simple-
looking facility; he felt that a village look would destroy the
efficiency of the building. Chairman Crites stated that since
this would be the first building on the highway, the proposed
design would not fit in with the city. Mr. Flood indicated that
he felt that landscaping was more important, but was willing to
respond to the needs of the city. Commissioner Richards
suggested that the applicant study the project on Country Club
Drive and Monterey Avenue to provide a design that would be
compatible with the rest of the city.
Chairman Crites asked if anyone present wished to speak in FAVOR or
OPPOSITION to the proposed.
MR. GERRIT GOUDSWAARD, 44-755 Deep Canyon, felt that this was a
very difficult corner and that while the hotel would provide a
significant improvement , any access onto Deep Canyon would
create problems. He also stated that there was no such thing as
a quiet service station and recommended that the car wash be
eliminated. Chairman Crites asked the applicant if he was
providing blow dryers and if he could provide noise standard
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data. Mr. Flood replied that there were a few blowers inside,
but it was basically a drip dry setup and also indicated that
he did not have noise data at this time.
MR. RICHARD WELBY, Desert. Sun Apartments to the west, spoke
regarding the access off of Alessandro and the horrendous
problems because of narrowness. Mr. Folkers stated that the
intersection of Alessandro and Deep Canyon would be right-turn
in and right-turn out of the complex if a problem develops.
Mr. Folkers also stated that a super block concept was being
studied. Chairman Crites asked Mr. Folkers what he would
recommend as a condition of approval to stipulate this. Mr.
Folkers replied that it was already provided.
MR. VIC EFFINGER, 44-539 Sorrento Court, indicated that he was
a member of the board of the homeowners association. He stated
that he met with Mr. Foster and advised that he meet with the
homeowners in February and he had agreed. He expressed concern
with traffic in and out onto Deep Canyon and felt that the
bushes and trees seriously blocked the view. He stated that
the architectural design of the station did not fit in with
their housing development or the other buildings. He also
expressed concern over noise from the car wash and service
station.
MR. KEN STENDELL , 44-675 Monaco Circle, informed commission
that he bought his house two and a half years ago and has been
looking forward to a project such as this. He expressed
concern regarding the grading level to the north because of
drainage, security during construction, suggested an alternate
route and location for garbage disposal , indicated that this
project should not have a PA system like Embassy Suites that can
be heard on Saturdays and Sundays, the project should comply
with the city's 30 foot height requirement, and asked about the
gas station business hours . Mr. Flood replied 24 hours.
Commissioner Richards indicated that hours of operation could
be limited. Mr. Diaz stated that security during construction
could be helped by requiring a fence to screen the construction
site and felt that the trash enclosures might be located in the
southeast portion of the site. Mr. Diaz indicated that a
condition be placed that the PA system have limited hours,
indicated that the drainage issue could not be addressed at
this time.
Mr. Foster replied that someone would be on duty at night and that
there should not be a problem with the PA system. He indicated that
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he was meeting with Haver & Associates and Mr. Folkers to resolve
the drainage issue. Commissioner Richards noted that the cost for
hook-up to the storm drain was a seven figure number. Mr. Foster
replied that the city might participate and that there was discussion
regarding water retention. Mr. Foster also indicated that there were
no plans to change the elevation to effect the homeowners in the
rear. Mr. Folkers indicated that with the increasing concern for
elevations, they would look at Hidden Palms' elevation so that there
wouldn't be any controversy. Mr. Folkers also concurred that storm
drain hook-up was a seven figure number and that negotiations were
under way with Indian Wells, but was moving slowly. He indicated
that water would not be a problem to Hidden Palms but indicated that
the Las Lagos area was still under study.
Commissioner Richards requested more input regarding grading and
placing a condition that grading will not be raised more than one
foot . Mr. Folkers replied that this would not be a problem.
Commissioner Richards felt the developer or architect should be
involved.
Commissioner Erwood stated that the concerns were noise, air
conditioning units, car wash and recommended that a sound study be
done and a study of traffic on Deep Canyon. He also felt that the
design of the gas station could be improved. He felt that the
applicant would be a good neighbor and would work with staff. He wo
recommended a two week continuance. Commissioner Whitlock agreed
with the two week continuance.
Commissioner Richards noted that the project would be along Highway
III and felt that a noise study was not needed and that the air
conditioning units should not be a problem--architectural commission
would review them. Regarding traffic, he felt that public works
would work on it and drainage was being studied.
Action:
Moved by Commissioner Erwood, seconded by Commissioner Whitlock,
continuing PP 86-45 to November 18, 1986. Carried 4-1 (Commissioner
Richards voting no) .
Commissioner Richards noted that a full Environmental Impact. Report
had been completed for this area which could provide information.
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""' X. COMMENTS
Mr. FoIkers introduced Jonathan Van Moyland, a new member of public
works, to the planning commission. He explained that Mr. Van Moyland
would be the public works liaison to the planning commission.
XI . ADJOURNMENT
Moved by Commissioner Downs, seconded by Commissioner Whitlock,
adjourning the meeting. Carried 5-0. The meeting adjourned at 9:50
p.m.
, .e'.A-0'
RAMO A. DIAZ, Sec tar
ATTEST:
BUFORD ITES, Chairman
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