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HomeMy WebLinkAbout0303 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - MARCH 3, 1987 7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED MARING DRIVE +r.. * • * r * * r ■ * * � r * r +� * r r a • r * * « r � « A ONE HOUR STUDY SESSION WAS HELD PRIOR TO THE MEETING. I. CALL TO ORDER Chairman Erwood called the meeting to order at 7:02 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Whitlock led in the pledge of allegiance. III. ROLL CALL Members Present: Rick Erwood, Chairman Bob Downs Carol Whitiock Members Absent: Jim Richards Staff Present: Ray Diaz Tim Connors Steve Smith r.,. Cather i ne Sass Dick Folkers Jonat.han Van Moyland Tonya Monroe IV. APPROVAL OF MINUTES: Consideration for approval the minutes of February 3, 1987. Commissioner Whitlock requested that page 2, the last paragraph be amended. Cortimission concurred. Action: Moved by Commissioner powns, seconded by Cortmissioner Whitlock, approving the February 3, 1987 meeting minutes as amended. Carried 3-0. V. SUMMARY OF COUNCIL ACTION Mr. Oiaz summarized the February 26 city councii actfons as they pertained to the planning commission. �... MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1987 VI. CONSENT CALENDAR � A. Case No. PP 84-34 - LOU GLISAN, Applicant Request for approval of a time extension to August l , 1987 for a 19 , 000 square foot commercial building in the C- 1 zone at the northwest intersection of Highway 111 and Painters Path. Action: Moved by Commissioner powns, seconded by Commissioner Whitlock, approving the consent calendar by minute motion. Carried 3-0. VII. ORAL COMMUNICAT[ONS None. VIII. PUBLIC HEARINGS A. Case No. PP 87-2 - HSM Properties, Applicant � Request for approval of a precise plan of design and negative declaration of environmental impact to allow 13 residential units on a 40,500 square foot property in the R-3 20,000 (3) zone located between Shadow Mountain Orive and �arrea, 450 feet west of Portola Avenue. Mr. Smith outlined the salient points of the staff report and requested a continuance pending direct.ion from the city council regarding two story development in this area. Mr. Diaz indicated that council would review the matter at their second meeting in March. Commissioner Whitlock asked if the applicant had been before the Property Owners Association. Mr. Smith replied that they had received preliminary approval from them. Chairman Erwood opened the public testimony and asked if the applicant wished to address the cortrmission. MR. KEN STENDELL, partner, clarified that the name of the firm was NSM, not HMS as shown on the agenda. He stated that an 2 r MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1987 �"' issue of concern would be the situation of the split parking. He indicated that he had concerns with providing access from Larrea. He stated that the Sun and Shadows would like to change their zoning to C-i commercial . He felt there would be an impact on traffic which could create a hardship on business tenants. He also stated that a continuance created a hardship because the proposal was within the zoning requirements. He indicated that he had another piece of property with some of the same architecture. He felt the major issue was the parking lot on the Larrea Street side for present tenants and future use. He stated that. there was one driveway to this site per public works conditions. Chairman Erwood asked if anyone present wished to speak in FAVOR or OF'POSITION to the proposed. MR. BOB PRESS, Desert Patch owner, stated that all of the long-time residents looked forward to growth, but felt that the smaller resorts were being pushed out, including Sun and Shadow, wh i ch was why they are try i ng to convert to a commerc i a 1 use. He stated that they were not trying to increase any traffic hazards. He felt they should be allowed to proceed with the plans to change zoning to C-1 in order to stay in business. "` MR. MASON NURICK, Casa Larrea owner, stated that when he came to the desert he wanted to develop two story and was denied; since then two story buildings have been built. He felt they had been detrimental to present property owners and now there are plans to build another two story building. He indicated that it is not good for Palm Desert to be only commercial and felt that the city was built on a small town principal and that he was against any two story layout. He stated that the city should be more firm and decisions should not be made on a who you know basis. He stated that when the building to the west was bu i 1 t, a great 1 y di fferent p 1 an was put up and he was not notified of a change. Mr. Diaz addressed comments by Mr. Nurick by stating that the city does not make decisions based on "who you know." He also stated that. C-1 and R-3 zones i n the c i ty d i d not even requ i re pub 1 i c hear i ngs until 1981 . He stated that the building in question met all the code requirements and was not a case of "who you know." MR. BOB PRESS spoke regarding building in back of Mesa and stated that the city sent out a plan to all the residents, 3 r.. MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1987 which they approved because the plans sent were one level . He � stated that he did not know two stories were going up until he saw it. He stated that he was told that the city could not do anything to change it and that someone directed him to the property owners association. He indicated that the property owners association laughed at him when he brought the matter up, at which time he contacted an attorney. He informed the commission that he loved this community and purchased property 100y. from money that he had earned and stated that he was now faced with bankruptcy and could thank everyone for the situation. MR. WENDELL RYLEE, owner of property on San Luis Rey, stated that the original approval was never changed. He indicated that $100,000 was being spent on landscaping and asked that people wait until the project was complete before making judgments. Chairman Erwood reminded commission that the matter before the them was a request for continuance awaiting direction from city council . Action: Moved by Commissioner powns, seconded by Commissioner Whitlock, continuing PP 87-2 to April 7, 1987. Carried 3-0. � Mr. Smith noted that no further legal notices would be sent out and advised the audience that anyone wishing to offer further testimony should come back on April 7, 1987 at 7:00 p.m. Mr. Bob Press stated that he was a single owner of a resort and indicated that it was a hardship for him to take time away from his business to come to the meeting, but stated that he would come again. B. Case No. PP 87-3 - HSM PROPERTIES, Applicant Request for approval of a prec�se plan of design and negative declaration of environmental impact to allow 13 residential units on a 40,5�0 square foot property in the R-3 20,000 t3) zone located on the north side of Shadow Mountain Drive, 750 feet west of Portola Avenue. Mr. Smith outlined the salient points of the staff report and reviewed the past history of the property. 4 � MINUTES PA�M DESERT PLANNING COMMISSiON MARCH 3, 1987 .... Chairman Erwood opened the public testimony and asked the applicant to address the commission. MR. KEN STENDELL, 72-847 Skyward, asked that commission review the projects on its merits alone and not on past approvals. He stated that he met with the property owners and listened to concerns and suggestions. He indicated that he would like to design a building that would be beneficial to the community. Chairman Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. MR. JOSEPH LYONS, 73-860 Shadow Mountain Drive, owner of property to the east. He stated that it was his third time before the com�ission. He indicated that he was told by his attorney that zoning of property did not constitute a vested right . Chairman Erwood stated that commission had never indicated otherwise. Mr. Lyons stated that he was concerned with trash removal and had contacted Palm Desert Disposal and was told that trucks would be in this area between 4:30 and 5:00 a.m. , and that the trash containers were next to his bedroom; he expressed concern regarding parking location, ..,. lighting, and crime, He felt that it was a total misuse of the land with his major objection being the trash dumpster in the back and parking. Commissioner powns asked if staff could work something out to relocate the trash dumpster. Mr. Stendell and staff indicated that they would look into the matter. Mr. Lyons stated that he supported other individuals who spoke earlier against two story units. Action: Moved by Commissioner powns, seconded by Cortmissioner Whitlock, continuing PP 87-3 to April 7, 1987. Carried 3-0. C. Case No. PP 87-4 - MONTEREY BUILOING PARTNERSHIP, Applicant Request for approval of a negative declaration and precise plan of design to allow construction of three professional office building in the office professional zone on property located on the west side of Monterey Avenue, 350 feet south of Fred Waring Drive. � 5 MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1987 Mr. Smith outlined the salient points of the staff report. He noted � there would be through movement of traffic, single story on end units and second story units in the middle with the front area landscaped. He indicated that the project had received preliminary architectural commission approval and that the parking complies with code requirements. Chairman Erwood opened the public testimony and asked if the applicant wished to address the commission. MR. R1CK HOLDEN stated that he was the architect and adjacent property owner. He indicated that he would answer any questions. Chairman Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. MR. ART MOSS, owner of 46,000 square feet to the north, asked about the status of Sonora Street. Mr. Diaz informed him that it had been vacated. Mr. Moss asked about a plan to provide a drive-thru in the area to the back of the property. Mr. Diaz stated that it was a condition of approval and that mutual access from the subject property and property to the south would be provided under public works condition #9, the same as Mr. � Moss's property. Mr. Moss requested and received clarification regarding the width of the easement. Mr. Holden noted that undergrounding of utilities was a condition of approval or to join an assessment district. Mr. Moss asked about any improvements to be done at the end of the street; Mr. Holden indicated that it would be landscaped. Chairman Erwood closed the public testimony. Action: Moved by Commissioner Whitlock, seconded by Commissioner powns, adopting the findings as presented by staff. Carried 3-0. Moved by Commissioner Whitlock, seconded by Commissioner powns, adopting Planning Commission Resolution No. 1201 , approving PP 87-4, sub,�ect to conditions. Carried 3-0. 6 � MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1987 �` D. Case No. CUP 87-2 - GERALD CHUBAK, Applicant Request for approval of a conditional use permit to allow a 1317 square foot restaurant in the C-1 zone located at the northwest corner of El Paseo and Sage Lane. Ms. Sass outlined the salient points of the staff report and indicated that the major concern of a restaurant was adequate parking. Staff recommended approval of the conditional use permit. Chairman Erwood opened the public testimony and asked if the applicant wished to address the commission. MR. GERALD CHUBAK, applicant, stated that he was available for any questions. Cortxnissioner powns asked Mr. Chubak if he agreed with the conditions. Mr. Chubak answered yes. Chairman Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. � MR. CHRIS CLARK, Plaza Taxco representative, stated that they were excited to have this project in their area. Chairman Erwood closed the public testimony. Action: Moved by Commissioner powns, seconded by Commissioner Whitlock, adopting the findings as presented by staff. Carried 3-0. Moved by Commissloner powns, seconded by Commissioner Whitlock, adopting Planning Commission Resolution No. 1202, approving CUP 87-2. Carried 3-0. E. Case No. CUP 87-3 - ELKS LODGE, Applicant Request for approval to conduct meetings and fund raising, and serve alcoholic beverages in the rear quarters of 73-195 Highway I11 between Sage and Nighway 74. Ms. Sass outlined the salient points of the staff report, noting that there wou 1 d be no exter i or a 1 terat i ons and recortxnend i ng that a 7 r.. MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1987 joint use parking should be used and recommended approval of the � conditional use permit. Commissioner powns informed the city attorney that he was a member of a different Elks Club and asked if he should abstain from voting. Mr. Connors repiied that since he was not involved with this Palm Desert branch of the Elks Lodge that there was no conflict of interest. Chairman Erwood opened the public testimony and asked if the applicant wished to address the commission. MR. WILL TWADOLE, Trustee of the Palm Oesert Lodge, stated that they were relocating because of a raise in rent and indicated that the Palm Desert Elks would like to move back into Palm Desert. Chairman Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. There being no one, Chairman Erwood closed the public testimony. Action: Moved by Commissioner Whitlock, seconded by Commissioner Erwood, . adopting the findings as presented by staff. Carried 3-0. � Moved by Commissioner Whitlock, seconded by Commissioner Erwood, adopting Planning Commission Resolution No. 1203, approving CUP 87-3. Carried 3-0. IX. MISCELLANEOUS A. Case No. PP 86-51 - TED LENNON a ASSOCIATES, Applicants Request for approval of a resolution approving a precise plan of desig� and negative declaration of environmental impact for a 17,625 square foot retail office complex in the C-1 zoned p�operty at the southeast corner of El Paseo and Larkspur Lane. Commissioner Whitlock asked if a condition requiring first floor of retail had been included as discussed at the last meeting. Mr. Diaz stated that a condition would be added to the effect that the first floor facing E1 Paseo shall be limited to retail commercial on this property. Commission concurred. 8 � MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1987 ""' Action: Moved by Commissioner powns, seconded by Comnissioner Whitlock, adopting the findings as presented by staff. Carried 3-0. Moved by Commissioner powns, seconded by Commissioner Whitlock, adopting Planning Cortmission Resolution No. 1204, approving PP 86-51 , subject to conditions as amended. Carried 3-0. B. Case No. PP 15-83 - MARRIOTT DEVELOPMENT CORPORATION, Applicant Request for approval of development standards for single family lots at Marriott Desert Springs. It was determined at the meeting that this action would be a reiteration of a previous approval granted. Action: Moved by Commissioner powns, seconded by Commissioner Erwood, approving the development standards by minute motion. Carried 3-0. X. COMMENTS ..► Mr. Diaz indicated that a minute motion was needed to approve the study session items. The items were to allow Chapman College to operate in the service industrial zone and the Corporate Center, and aliowing staff to work out modifications to the Chazen Center. Mr. Connors indicated that two separate minute motions should be adopted. Action: Moved by Commissioner powns, seconded by Cortmissioner Whitlock, allowing Chapman College to operate in the service industrial zone and the Corporate Center between the hours of 6:00 p.m. and 10:30 p.m. Carried 3-0. Moved by Commissioner powns, seconded by Commissioner Whitlock, allowing staff to work out modifications to the Chazen Center. Carried 3-0. 9 rr.. MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1987 � XI. ADJOURNMENT Moved by Gommissioner powns, seconded by Cortxnissioner Whitlock, adjourning the meeting. Carried 3-0. The meeting was a 'ourned at 8: 18 p.m. s� • ,�, t . : r � �•� •� F��r'':{v'...� RAMON A. DIAZ, Secret ATTEST: `� --�'�--- i/ i 7 / � ' / i'�i'✓ ``�� ��' ��� ICH RD ERWOOD, Chairman /tm �I l 0 �,