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Home My WebLink About0407 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESOAY - APRIL 7, 1987 7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER �..� 73-510 FREO WAR[NG DRIVE . * . . « ,� � * � . . * . . � � � � . � � � � � � . ,� A TWO-HOUR STUDY SES�ION WAS NELO PR1UR TO THE MEE1iNG BEi;INNING Ar S:Qft P.M. 1N THE COUNCIL CHAMBER CONFERENCE ROOM. I . CALI TO ORDER Chairman Erwnod called the meeting to order at 7:Oh p.m. ll . PLEDGE OF ALLEGIANCE �ommissic�ner powns led in the pledge of allegiance. II1 . ROLL CALL MPmbers Present: Rir_k Erwood, Chairman Bob Downs Faith Ladlow �I i m R i chard5 Caroi Whitlock ` Members Absent: None Staff Present: Ray Uiaz Steve Smith Phil Orell Tim Connors Greg Holtz Tonya Monroe IV. APPROVAL OF MINUTES: Request. for approval of the March 17, 1987 meeting minutes. Action: Moved by Commissioner Rich,3rds, secon�ed by Commissioner L,3dlow, approving the minutes of March 17, 1987 as submitted. C:arried 4-0-1 tCommissioner powns abstained) . V. SUMMARY OF COUNC[L ACTION Mr. Oiaz reviewed the action� of the Marr_h 26, 1987 council meetrng. �.. MINUTES PALM DESERT PLANNING COMM1SS10N APRIL 7, 1987 VI . CONSENT CALENDAR � A. Case No. TT 18986 - FREDER[CK NHITMAN, Applicant Request for approval of an 18-month time extension for of tentative tract map and hillside development plan on 33.4 acres located west of lndian Springs Mobile Home Park, north of Cat Creek debris basin. Action: Moved by Commissioner Oowns, ser_onded by Commissioner Whitlock, approving the requested time extensian to September 6, 1988, by minute motion. Carried 5-ll. VII . ORAL COMMUN[CATIONS None. VIII . PUBLIC HEARiNGS A. Continued Case No. PP 87-2 - HSM Properties, Applicant � Request for approval of a precise plan c�f design and negative der_ laration of environmental impact ta allow 13 residential units on a 40,500 square foot property in the R-3 20,000 (3) zone located between Shadow Mountain Drive and Larrea, 450 feet west of Portoia Avenue. Mr. Smith reviewed the background of the case and recommended a continuance to June 16 to allow ample time for council to resolve concerns and establish policy for R-2 and R-3 developments. Chairman Erwood opened the public testimony and asked if the applicant wished to address the commission. MR. KEN STENDELL, 72-R47 Skywarci, stated that the project meet.s and/or exceed5 all zoning requirements in use and noted that tr�e planning department had recommended approval . He requested approval and informed commission that it has been a hardship with the continuance of 30 days already. Mr. Stendell asked commission to review the project on its merits. He informed commission that approved projects in the R-2/R-3 zones were able 2 .n/ MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1987 "'� to pull permits and f�lt that if this pro.ject was not approved a rnoratorium should be called. HP stated that if the prn,ject was going to be continued, he would ask for a denial so that he could appeal to the city council . Commissioner Richard� asked Mr. Stendell if he understood the sy�tem. Mr. Stende� l replied affirmatively. Upnn question by Commissioner Richards, Mr. Gonnors indicated that the case could be postponed and if it goes to coun�il they may propose a moratorium, with one other option being that thi5 could be referred to council for further clarification. Mr . Oiaz stated that he could not recommend approval , but wnuld recommend continuance based on council directic>n. He stated that if the commission wished to deny the project, it could bP deniPd on the grounds that the project may not mPet thF long-range policies and futur? city ordinances, and when the matter gets to counril , staff woulcf recommend a moratorium. Chairman Erwnc�d asked if it would go to council if approved. Mr, Diaz replied no. Commissioner Ladlow commented that it could set a precedent if this projert were approved. Mr. Stendell stated that if his case is continueci or denied and he me?ts all required criteria and anyone else is allowPcf to puli �rr permits and gets a fixed interest , then he would be treated arbitrarily. He requested approval and spoke against a continuance because that would not. even allow for an appeal process. Chairman Erwood asked if anyone present wished to speak ir� FAVOR or OPPOSITION to the proposed. MR. WAYNE GURALNICK, representing agenda item #C�, stated that they also meet all the criteria. Chairman Erw�od asked Mr. Guralnick to offer comment only regarding the pro.ject under disr_ussion. Mr. Guralnick requested approvai fur rhe pro,jer_t and indic,�ted that the council r_ould r_all it �ap if they wanted. Chairman Erwood stated that he was swayed by the applicant's arguments that he has r_omplied with all requirements. He noted that no formal action had been taken by council and recommended aPProval . Mr . Diaz requested a two-week continuanrz to allow tor council clarification. Action: Moved by Commissioner Richards, scconded by Commissioner powns, 3 ` MINUTES PALM DESERT PLANNING COMM[SSION APRIL 7, 1987 instrur_ting staff to prepare a resolution of denial . Vote: 2-3 � with Commissioners Ladlow, Whitlock and Chairman Erwood voted no. Moved by Commissioner Uowns, seconded by Chairman Erwood, approving the findings as presented by staff at the March 3, 1987 meetin�. Carried 3-I-1 (Commissioner Richards voted no, Commissioner Ladlow abstained) . Moved by Commissioner powns, seconded by Chairman Erwood, adopting Planning Commission Resolution No. 1206, approving PP 87-2 subject to r_onditions. Carried 3- 1- 1 (C�mmissioner Rir_hards voted no, Commissioner Ladlow abstained) . B. Continued Case No. PP 87-3 - HSM PROPERTIES, Applicant Request for approval of a precise plan of design and negative declaration �f environmental impact to allow 13 residential units on a 40,500 square foot property in the R-3 20,000 (3) zone located on the north side of Shadow Mountain Drive, 750 feet west of Portola Avenue. Commissioner Richards asked if there were any problems with � c�nditions. Mr. Smith reviewed the conditions stating that "and planning staff" should be added to community development condition no. 8 and added conditions 10 and 11 relating to the applicant j�ining an undergrounding district for overhead lines, installation of six foot masonry wall , and providing a landscaped strip adjacent to the east perimeter wall as required by the architectural commission. Mr. Diaz noted that the conditions of the March 3 resolution would apply if commission were ta mave for approval . Chairman Erwood opened the public testimony and asked if the applicant wished to address the commission. MR. KEN STENDELL stated that testimony from the previous case would apply for this �ne also. Chairman Erwood asked if anyone present wished to speak in FAV� or OPPOSITION to the proposed. There being no one, the pubiic testimony was closed. i 4 � � MINUTES PALM OESER7 PLANNING COMMISSION APRIL 7, 1987 �r Action: Moved by Commissioner D�wns, ser_onded by Chairman Erwood, adnpting the findings as presented by staff March i, 1987. Carried 3- I- 1 (Cnr�ni55ioner Rir_ndrds voted no and Commissioner Ladlow abstained) . Moved by Commissioner Uowns, se�onded by Cornmi;sioner Whitlock, adopting Planning Commission Resoluti�n No. 12U�?, �ub_jt�rt tn conditions. Carriect 3- 1 - I (Commissioner Ri�hards voted no and Commissioner Ladlow ab�tained) . C. Case No. PP 87-5 and C/Z 87-1 - MICNAEL HOMME, Applicant Request for approval c>f a change of zc�ne from Residentiai (R-2 S.P. ) to Office Professional (O.P. } , approval of a negative declaration and preC i se p 1 an of des i gn to a 1 1 ow construrt i��n of four professional office buildings in the nffice professional zone on property located on the west side of Monterey Avenue, north of Arbaleda Avenue. Mr . Smith outlined the salient points uf the staff report and recommended approval . Mr. Orell explained ahout the Palma Village "'�' plan and background of th� zoning for this property. Commission discussed zoning of the other lots. alternate acr.ess, sethar_ks, and height, Chairman Erwon�l o�ened the publi .r, testimony and asked if the applicant wished to address the commission. MR. RICK HOLDEN, architect , stated that he was present to answer any questions. Commissioner Whit �ock a5ked Mr, Holden about development of the fifth lot. Mr. Holden replied that they cfid nnt own it. Commissioner Ledlow asked if there wer? one or two access points , Mr . Holden replied two at the present time, noting that the fire departm?nt would like a 15 f�ot turning radiu�. Chairman Erwood asked if anyonF present wished to speak in FAVOR or OPPOSITION to the proposed. MR. R00 ZIMMER, 43-730 Acac:ia, spoke in opposition tn office building next to residential and st.atPd that he �iid not know anyone whr� wnulh like offir_e buildings nexfi tn them. 5 � MINUTES PALM DESERT PLANNING COMMISSION APR1L 7, 1987 MS. SUZANNE KARRE�, owner of 43-70Q Acacia, asked that all the � lots be considered as office professional . She feit that the project would be detrimental to property values and suggested that the applicant buy her lot. MR. BOB ANOERSON, 43-155 Portola, c��ncurred with comments made by Ms. Karres and felt that some other access should be used. MR. MIKE HOMME, applicant, explained how they arrived at the final plan for this site and the consideration that it had been given. He informed commission that with the price of land and all the factors involved, it. would not be practical to purchase all the lots. Commissioner Whitlock expressed concern regarding comments made under the public testimony. Chairman Erwood noted that visually the impar_t would be much less than othe� uses. Commissioner Richards stated that the project should be conditioned that if the uther property is rezoned, that the applicant shall grant an easement for ingress/egress. Mr. H�lden noted that if an easement is granted. it would delete two of his parking spaces and requested that. it not be held against the project and be assured of reciprocal easement . Commission conr_urred. Mr . Nolden also � described the landsc�ping and wall to act as a buffer. Chairman Erwood closed the public testimony, Action: Moved by Commissioner Richards, seconded by Commissioner powns, adopting the findings as presented by staff. Carried 5-0. Moved by Commissioner Richards, seconded by Commissioner powns, adopting Planning Commission Resolution No. 1210, recommending approval of C/Z 87-1 to city council . Carried 5-0. Moved by Commissioner Richards, seconded by Commissioner powns, adopting Pianning Commission Resolution No. 1211 , approving PP 87-5, subject to conditions as amended. Carried 5-0. D. Case No. PP 87-9 FRED VEIGA and BIL� ROSSMIORN, Applicants Request for approval of two 2-story four-plex apartment structures at t.he so��thwest. corner of Shadow Hills Road and Driftwood Drive. ; � + � MINUTES PALM DESERT PLANNING COMMISSION APRiL 7, 1987 i,,,, Mr . Diaz outlined the salient points of the staff report and recommended a continuance. Mr. Holt2 stated that staff had receivPd new direction that. sites will be required t� makch ur be compatible regarding pad height. Upon questioni�g by Ghairman Erwood, Mr, Holtz informed commission that no waiver of existing items in tf��e grading ordinance had been done; he stated that a one f�ot minimum pad height to curb or r_enter line was under study. Chairman Erwood opened the public testimony and asked if the applicant wished to address the commission. MR. WAYNE GURALNICK, 74-399 Highway 111 Palm Desert, stated that the project meets and/or exceeds all requiremFnts, as weli as most of the i tems under d i scuss i on by counc i l and requested approval . Chairman Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. There being no one, the public testimony was closed. Ar_t ion: Moved by Commissioner Whitlock, se.r.ondPd by Commissioner pownS, adopti �g the findings as presented by staff. Carried 4- 1 (Commissioner Richards voted no) . i..r Moved by Commissioner powns , seconded by Commissioner Whitlock, adopting Planning Commission Resolution No. 1212, approving PP 87-9, subject to conditions. Carried 4-1 (Commissioner Richards voted no) . E. Case No. CUP 87-4 TAKASHI b KAZUKO YAMAGUCHI , Applicant Request. for approval of a conditional use permit to allow construr_tion of a second unit senior housing unit on a singie family lot located in the R- 1 zone at the northea5t corner of E1 Cortez Way and Santa Ynez Avenue. Mr. Smith outlined the salient points of the staff report. He not?d that a letter had been received by Mr. & Mrs. Crawford in opposition based on der_reased property values. Mr . Diaz explained that this request is allowed under the stated-mandated granny flat ordinanr_e and felt that the commission should condition the project rather than deny it outright. 7 �r MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1987 Commissioner Ladlow expressed concern regarding the granny flat � being built and occupied prior to the main residence. Mr. Smith explained that it would be required prior to issuance of a certificate of occupancy. Commissioner Richards noted that this is the first request of this nature that the city has seen. Commissioner Ladlow asked if the city would keep a file to show that the requirements of age and relationship were being adhered to. Mr. Uiaz replied yes. Ch�irman Erwood opened the public testimony and asked if the applicant wished to address the commission. MRS. YAMAGUCHI , 73-391 Catalina, addressed the commission and outlined the history of her property and her plans for developing it. Chairman Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. There being no one, Chairman Erwood ciosed the public testimony. Action: Moved by Commissioner Richa�ds, seconded by Commissioner powns, adopting the findings as presented by staff. Carried 5-U. � Moved by Commissioner Richards, seconded by Commissioner powns, adopting Planning Commission Resolution No. 1213, approving CUP 87-4 subject to conditions. Carried 5-0. A FIVE-MINUTE RECESS WAS CALLED AT 8:55 P.M. F. Case No. GPA 87-2 - CITY OF PALM DESERT, Applicant Request for consideration and recommendation concerning the Commercial Core Area Specific Plan and associated Negative Declaration of Environmental Impact . This plan establishes planning and redevelopment agency policies for Palm Desert's Nighway 111/E1 Pasec� commercial corridor. Mr . Drell reviewed the staff report. and indicated that each individuai project would go through the public hearing review process. 8 � MINUTES PALM DESERT PLANNING COMMISS[ON APRIL 7, 1987 '� c:hairman Erwood opened the public fi estimony and asked if dnyon� present wished to speak in FAVOR or OPPOSITION. MR. TED BEATON, owner of 11 units and one hous?, stated that he was not against progress but would like to see it acr_omplished in an orderly manner. He indicated that he petitioned five business, three residential , and four apartment owners and no one knew what was going to happen. He noted that the northeast corner is basically apartments and felt that the c�ty needed more low income housing for working people and young people. He expressed concern regarding development of Cabrillo and felt that Alessandro in his section should be left alone. MS. ELEANOR SEAGALL, 73-758 De Anza, owner ot J & J Autom��t i ve and home on De Anza. She felt there was no need to rezonP Alessandro. She al;o felt that it would cause traffic probiems and discussed access to Highway 111 . Ms. Seagali stated that if Portola were six lanes it would he impossible to crnss and quest.ioned what people would do if they wanted to sell their property. Mr. Dreli 3ddressed her concerns and explained that the redevelopment agency would buy those houses for a fair market valuP and wouid work on a relocation program. rr.. MR. EDWAROS, 73-385 Grapevine, expressed concern for the 24 foot wide street onto which his 12 carport directly bark onto - the Alessandro AI1ey. HP indicated there was only one exit to the zast out of a 158 space parking lot and people would be backing out onto a major ingress and egress route. He indir_afied that he had writtPn to the city in favnr of commercial devElopment. Mr. Dre 1 1 stated that t.he i ntent was fior a safe �rea and d i scussed some solutions and the possible relocation ot the r_arports. MR. JIM FOXX, expressed concern regarding the EI Paseo area and supported the plan to restrict uses to retail-type use�. He urged the commission to speed this plan along and felt that El Paseo was an important to the city and should be helped and protected. MR. ROY BARLETT, 73-960 Highway 111 , indir_ated it was his goal to development professional office buildings and asked about working with tfie redevelopment agency to obtain property to develop. 9 � MINUTES PALM OESERT PLANNING COMMISSION APRIL 7, 1987 ; � Mr . Orell stated that the proposed plan does not preclude professional office development, but felt that maybe a better location would be fronting onto Portola. MR. HENRY HOYLE, 73-440 Broken Arrow, endorsed the comments of Jim Foxx and expressed concern regarding parking and the parking lots r�f Security Bank and Bank of America. MS. DAPHNE TRIPHON, 1713 Painters Path in the Sandpiper development, expressed concern for the welfare and safety of the neighborhood and the bridge over the wash. She stated that the area was being used as a race track, especially on weekends. Mr. Drell responded by saying that suggestions were being ar_cepted for a way to get access from some other way than Painters Path or El Paseo and suggested no access on Painters path. He felt most traffic would be on El Paseo and indicated that options were limited for that site. He also indicated staff would like to hear some creative solutions that might combine residential and commercial development. MR. MEL GERARD, owner of Harvest Health Food Store, requested clarification for his property and inquired about incentive to � demolish and rebuild. Mr. Drell stated that if a property owner wished to take advant�ge of the plan, they would pay for additional parking. If not, then the city would be in no position to exact anything from the property owner, noting that an in-lieu fee program would require no additional charge until the building had a need for it. He stated that Mr. Gerard's building has no parking and has been utilizing the Frontage Road, but if adjacent property develops, parking would be�ome a problem. MR. CHARLIE MILLER, Little Bend Trail-owner of property next to lst Bank of Palm Desert, asked about development of that area. Mr. Drell indicated that property in the area had been purchased but no plans had been submitted as of yet. MS. JEAN SWALLOW JOHNSON, owner of property between Nuuston Lumber and Maple Leaf Plumbing, asked about meeting notification procedures, supported a superblock concept and expressed interest in developing her property. ; lU � � MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1987 � Mr. Dreil indicated that comments had been submitted by Camille Todd expressing approval of extra parking for the north side of Highway 111 from San Pablo to Monterey fronting on the back alley and from Mary Stoltzman expressing concern for the block south of Highway 111 between EI Paseo and Portola. She indicated that the slip ramp onto the Frontage Road there totally deletes parking in front c�f her building and that r_ars speed on the slip ramp which is dangerous for the restaurant . 5r�e requested that ingress and egress be macle better by possibly a super hlock. MR. KIGER BARTON, 44-519 San Anselmo, statPd that. the looks of Highway 11 ] needed improvement and suggested green space to provide more eye appeal to building fronts. He felt that one particular building on Monterey and Fred Waring looked like it was built right up to the curb. Mr . Drell stated that as part of the redesign process complete landscaping of parking medians would be included. Chairman Erwood closed the public testimany. Commissioner Richards st.ated that staff had done a great job. He felt that everyone should take an active part in planning the development for the city, especially effer_ted citizens participating '"" on committees and attending group meetings. Commissioner Richards stated that he would like the redevelopment agency to adopt a goal to encourage existing businesses to stay in the city by providing some type of incentives. Action: Moved by Commissioner powns , seconded by Commissioner Rir_hards, adopting Planning Commission Resolution No. 1214, recommending to City Counr_il /Redevelopment Agency Board approval of the Commercial Core Area Specific Plan GPA 87-2 and associated Negative Declaration of Environmentai [mpact. Carried 5-0. Moved by Commissioner powns , seconded by Commissioner Richards, initiating a zoning ordinance amendment establishing the El Paseo Pedestrian Commercial Overlay by minute motion. Carried 5-0. IX. MISCELLANEOUS None. Il � MINUTES PALM DESERT PIANNING COMMISSION APRIL 7, 1987 X. COMMENTS Mr, Diaz requested that any comme�ts received from commission regarding the policies presented by Wallace, Roberts and 7odd should be turned in by Friday. Chairman Erwood stated that anyone wishing to attend the seminar in June should contact the recording secretary. XI . ADJOURNMENT Moved by Commissioner D�wns, seconded by Commissioner Whitlock, adjo�rning the meeting. Carried 5-0. 7he meeting was adjourned at ]0:34 p.m. . '.� «p�� . RAMON A. DIAZ, Secret ATTEST: , ,, �-' , , � - / � � , _y.��-� L L p��r /��' �� RICHARD ERWOOD, Ghairman jtm i 1"1