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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. law MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 1986 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. 2 r1 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 1986 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. %how 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. 3 %MW MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 1986 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 4 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 1986 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, 5 rr... MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 1986 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. 6 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 1986 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 7 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 1986 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. 8 two MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 1986 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 9 %NW MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 1986 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 IO MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 1986 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 11 r.r MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 1986 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. z 12 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 4, 1986 ""' 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 tm/ 13 r.