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HomeMy WebLinkAbout0818 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - AUGUST 18, 1987 7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE A TWO-HOUR STUDY SESSION WAS HELD PRIOR TO THE MEETING BEGINNING AT 5:00 P.M. IN THE COUNCIL CHAMBER CONFERENCE ROOM. I. CALL TO ORDER Chairman Erwood called the meeting to order at 7:00 p.m. II . PLEDGE OF ALLEGIANCE Commissioner Whitlock led in the pledge of allegiance. III . ROLL CALL Members Present: Rick Erwood, Chairman Bob Downs Faith Ladlow Jim Richards Carol Whitlock `,, Members Absent: None Staff Present: Ray Diaz Tim Connor Phil Drell Catherine Sass Phil Joy Joe Gaugush Tonya Monroe IV. APPROVAL OF MINUTES: Consideration of July 21 and 28. 1987 meeting minutes. Action: Moved by Commissioner Downs , seconded by Commissioner Whitlock, approving the minutes of July 21 and 28 by minute motion. Carried 5-0. V. SUMMARY OF COUNCIL ACTION Mr. Diaz summarized pertinent council action from August 13, 1987. *AM MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 1987 VI . CONSENT CALENDAR WAO A. Case Nos. PP/CUP 86-22 - PALM DESERT VILLAS, INC. , Applicant Request for a one year time extension for precise plan and conditional use permit for a 113 unit senior citizen housing project on 7.2 acres located on the south side of Country Club Drive, 1600 feet east of Monterey Avenue. It was noted that this is the first time extension request. Action: Moved by Commissioner Downs , seconded by Commissioner Whitlock, approving the consent calendar by minute motion. Carried 5-0. VII . PUBLIC HEARINGS A. Continued Case Nos. GPA 87-3, C/Z 87-7, TT 22690, and PP 87-26 - TEMPLE DEVELOPMENT COMPANY, Applicant Request for approval of a general plan amendment, change of zone from PR-3 S.P. to PR-3.5 S.P. , a tentative tract, precise plan of design and negative declaration of environmental impact to construct 1234 condominium units and a golf course on 404 gross acres at the northeast corner of Country Club Drive and Cook Street. Ms. Sass noted that this case was continued from July 28. She stated that staff had spoken to Mr. Temple and was requesting a continuance to September 1 . Chairman Erwood opened the public testimony and asked if the applicant wished to address the commission. There was no response. Chairman Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. There being no one, Chairman Erwood asked for a motion. Action: Moved by Commissioner Richards, seconded by Commissioner Downs, continuing this case to September 1 , 1987. Carried 5-0. 2 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 1987 8. Continued Case No. CUP 87-6 - RALPH AND VONNA MESTFALL, Applicants Request for approval of a conditional use permit to allow conversion of nine of the existing motel units to office professional use. Mr. Diaz summarized the background of the case and explained that if the swimming pool were to be paved it would only allow two parking spaces and that concerns regarding conversion of hotel units into office can not be mitigated. Staff recommended that it be directed to prepare a resolution of denial for adoption at the next meeting. Chairman Erwood opened the public testimony and asked if the applicant wished to address the commission. MRS. VONNA WESTFALL, applicant, stated that they appreciated the effort put forth by commission and staff. Chairman Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION. There being no one, the public testimony was closed. Action: low Moved by Commissioner Downs , seconded by Commissioner Whitlock, directing staff to prepare a resolution of denial for CUP 87-6 for adoption September 1 , 1987. Carried 5-0. C. Case No. CUP 87-9 - PAPA DAN'S PIZZA E PASTA, Applicant Request for approval of a conditional use permit to allow the expansion of an existing restaurant in the Plaza de Monterey at Country Club and Monterey Avenue. Mr. Diaz outlined the salient points of the staff report and reviewed the letters that had been received. He stated that if the project through conditions of approval could be made compatible, there was a resolution of approval attached. Otherwise, commission should instruct staff to prepare a resolution of denial . Chairman Erwood opened the public testimony and asked the applicant to address the commission. MR. DAN FUCHELLA, owner, stated that he was a resident of Sagewood and felt that the environment would remain the same. 3 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 1987 He indicated that measures had been taken to alleviate any ar/ problems and was willing to work with staff and neighbors. Commissioner Richards asked if the applicant would be providing a bar. Mr. Fuchella replied no, only a salad bar. He also noted that there is a 21 seating capacity and the majority of orders were take out. Upon questioning, Mr. Fuchella indicated that measures had been taken to insure employee cooperation to reduce noise and possible disturbances. He stated that there had not been any complaints, to his knowledge, about Papa Dan's. Chairman Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. MS. SANDY YAVITZ, Carver Companies, stated that Papa Dan's has been a tenant for over a year and no official complaints had been received. Commissioner Ladlow requested information on complaints of trash being thrown over the wall into backyards. Ms. Yavitz replied that it was a problem to all centers. She also indicated that part of the trash problem was other people using the trash bins over the weekends. MR. TOM YEAGER, 40041 Sagewood - directly behind expansion, felt that after recent discussions, Papa Dan's had addressed the noise problems and noted that they close at 10:00 p.m. on week nights and 11 : 00 p.m. on weekends. He suggested an upgrade of landscaping behind his house to provide a more effective screen and with those two conditions added he would not oppose the expansion. He noted that in Mr. Tanner's letter, he was opposed to the granting of the alcoholic beverage license, but had lost that. He indicated that his decision was not to contest that if the conditions were added. Upon questioning by commission, Mr. Yeager stated that noise from traffic on Country Club Drive had been eliminated, and he felt that Mr . Fuchella had been responsive to resolving problems caused by employees. Commissioner Richards noted that some agreement had been worked out, but asked about the conditions of the conditional use permit in the event the business was ever sold. Mr. Connor stated that the conditional use permit runs with the land. Commissioner Richards stated that if there are future problems with noise and trash, this would insure that neighbors will have some protection. i 4 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 1987 r..r MRS. JEAN PACK, Sagewood resident, stated that Sagewood is a quiet residential area and expressed concern over the incompatibility of this business' hours with other businesses in the center , traffic_ problems, and tables blocking the walk area. Chairman Erwood closed the public testimony. Commissioner Downs asked about the outside seating area and walkways being blocked. Mr. Fuchella stated that there are presently eight seats out there and there would be enough room to allow grocery baskets to get through the tables. Commission and the applicant further discussed the hours of operation and determined that condition ##2 should be amended to read the hours of operation as 11 :00 a.m, to 10:00 p.m. Sunday through Thursday, and 11 :00 a.m. to 11 :00 p.m. on Friday and Saturday. Commission also added condition ##h that the location of the outdoor seating and amount shall be reviewed by staff from time to time. If a problem occurs, commission can review the situation again. MS. LAURA SHACKLEFORD expressed concern with people drinking heer and wine on the sidewalk, but did not oppose the expansion. Mr . Drell explained that the Alcoholic Beverage Control does not allow consumption outside of the building. Mr. Connor recommended adding it as a condition. Condition ##7 shall read that alcoholic beverages shall only be served inside the restaurant building. Mr. Fuchella stated that he had no intention of serving liquor outside, but indicated that people visiting Lucky's sometimes drink in the center . Action: Moved by Commissioner Richards, seconded by Commissioner Whitlock, adopting the findings as presented by staff. Carried 5-0. Moved by Commissioner Richards, seconded by Commissioner Whitlock, adopting Planning Commission Resolution No. 1242 , subject to conditions as amended. Carried 5-0. D. Case Nos. TT 22741 and PP 87-27 - GERMAIN DEVELOPMENT, Applicant Request for approval of a 20 home single family subdivision located on the north side of Hovley Lane, 300 feet east of Monterey Avenue. 5 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 1987 S9 7 Mr. Joy outlined the salient points of the staff report and recommended approval . Commission questioned the dimension of the Hovley Street sidewalk. Staff indicated that the applicant shows a five foot sidewalk, but staff requires eight feet. Chairman Erwood noted that public works condition 13 shows six feet. Staff stated that it should be amended to say an eight foot meandering sidewalk, noting that precedence was set by the Casa Blanca and Winterhaven developments. Chairman Erwood opened the public testimony and asked if the applicant wished to address the commission. MR. DAVE GERMAIN, 72-950 Calliandro, expressed confusion over the 44 foot street right-of-way because of Hovley being a secondary highway. He noted that there is no homeowners association to maintain this street and indicated this was brought up about a month ago that the a meandering sidewalk would be required. He said that he had not heard approval or denial until this staff report was received. Mr. Joy noted that the adjacent parcel to the east is 12 feet with six foot sidewalk. Chairman Erwood asked why this was done. Mr. Diaz said that at that time he felt that the six foot sidewalk was appropriate. Mr. Diaz suggested a condition that this be subject to working something out with the architectural commission. Chairman Erwood stated that he felt eight feet is appropriate because traffic will be increasing and will upgrade the community. Mr. Diaz suggested a transition period to what is being recommended this time, but Chairman Erwood felt that this would initiate a precedent for similar future requests. Mr. Germain stated that the eight feet of landscaping along his wall is what he objects to, not the eight foot sidewalk. Commissioner Richards commented that Mr. Germain was requesting some setback arrangements that he found difficult. Dealing with lots 10 & 11 , what you have on this arrangement is economical , best of what you can do. Mr. Germain indicated that he had no problems with that condition for setbacks. Commissioner Richards felt that there would be problems with the size of units on lots 10 and 11 , with 12 112 feet on one side ( lot 11) . Mr. Diaz indicated that the applicant would not have a problem with requirements. Mr. Germain stated that the 12 feet on all sides was fine. 6 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 1987 WMP Commissioner Downs asked who would be responsible for maintenance along Hovley for the 20 foot open areas of landscaping. Mr. Diaz responded that a condition of approval was for a homeowners association to be formed. Commissioner Downs noted that there was not one formed. Mr. Germain noted that he planned on forming a street lighting district, but felt that the area was very small to be maintained by a small assessment district for the landscaping. Chairman Erwood asked Mr. Germain who maintains the landscaping on the adjacent property. Mr. Germain replied the individual lot owners. Chairman Erwood commented that these would be new homes and asked who would be responsible for the landscaping. Mr. Germain answered that the corner homeowners would provide the maintenance, between the wall and curb, also. It was noted that the length of the adjacent project's landscape area is about 120 to 125 feet by 12 feet wide from the curb to the wall with six feet from the sidewalk, and this one is a 20 foot distance from the curb to wa 1 l w i th the eight foot sidewalk. Mr. Diaz suggested having the eight foot sidewalk in the 12 feet so that the amount of landscaping to be maintained would be the same as for a six foot sidewalk. Staff recommends eight feet in the 20 feet. Commissioner Richards indicated a problem with staff changing ■w their mind on two different developments, work out eight foot sidewalk still allowing setbacks as other project. Problem with lots 1 and 20 taking care of maintenance of perpetuity. Mr. Germain stated that the property owners are made fully aware of this from the start . Commissioner Downs asked if 8 & 12 would change, commission had not decided yet. Chairman Erwood asked if anyone present wished to speak in FAVOR of the project. There being no response, Chairman Erwood asked if anyone present wished to speak in OPPOSITION to the project. MR. RICK JOHNS, owner of lot 97 in Sagewood, stated that it was hard to say if he was for or against the project. He expressed concern regarding setbacks, elevation and drainage. MR. SAM OLSEN, owner of lot 95, asked if the existing wail would be taken down. It was explained to Mr. Olsen that he would have to remove the wall himself. Mr. Germain explained their wall would be totally into their own property and would not interfere with existing fences. Commissioner Richards asked Mr. Germain if he would be willing to take the walls down for lots 95, 96, and 97. Mr. Germain replied 7 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 1987 yes, but only if everyone agreed and he would not be responsible for No landscape damage. At this point someone from the audience spoke in opposition. Mr. Olsen explained that the cement is six feet in the ground and he would need help. Mr. Diaz felt that the biggest problem with taking out the fence was getting rid of the debris and suggested that Mr. Germain permit Mr. Olsen to dispose of the debris in the construction trash bins. MR. JOHN WHITE, 40-208 Sagewood, north of the existing project, felt that the 12 foot setback was a good idea. He staters that he could shake their wall and expressed concern about the effects of future rains and water problems. He also explained the measures that were being taken to correct the problem. Commission asked for comments from staff regarding this wall . Mr. Diaz explained that the building department was probably handling the problem and he would talk to them about it. Commissioner Richards asked counsel what measures Mr. White could take for future protection. Mr. Connor responded that he could contact the original wall building and perhaps file a suit against him, explained that negligence in the original wall construction would have to be proved. Mr. Diaz stated that he would contact the building department find out what actions are being taken. Mr. Germain stated that he was aware of the complaint and that Carlos Elias designed the wall and that the building department was involved. Mr. Diaz suggested that Mr. White contact. Pat Conlon, director of building and safety. MRS. DONNA AYOTTE , 42-800 Sagewood, stated that a visiting eight year old could move their wall and expressed concern because they are in a cul-de-sac and if anyone hit the wall , it would topple. She was also concerned about the damage the wall could do. She pointed out that a city inspector approved the wall and indicated that when Mr. Connor said that homeowners could sue the builders, the city would be next in line. MR. DON NANCE, 40-255 Sagewood, also addressed the wall issue and stated that it could be moved two to three inches. He suggested that if any buttressing is to be done, that it be done on the north side and felt that the project should be so conditioned. Mr. Diaz explained that the present project could not be conditioned for the previous project and stated that his concern was all the 8 >� MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 1987 testimony regardinq thi,. wa1i , when the buiidinq department shortIr; he hanolinq the problem. Mr. 01 st n stated that he wou i c I i ke some k i nr, of notification from the bui 1 der as to when they would be putting the wa l 1 in so trr,at he could remove his at the same time. Chairman Erwood closed the public testimony. C ha i rman Erwood discusser_, the end lots on Hov l ev and i nd i rated that he opposed creating areas where owners should carp for landscaped areas outside the wall . Mr . Diaz noted that the applicant stated that he was joining a lighting district and felt that a maintenance district would be appropriate for the landscaaning also. Mr. Gaugush noted that the size of the area is irrelevant and a district can be established. Commission determined tnat the following conditions st-i�u i d be adderl or modified. PuhIic works condition #22 , Appiirant r>r their surressor will pay the cost, included but not 1imiteri to enoiner-rinq and the spreading of acssessments of the establishing of an assessment district for the maintenance landscaping .along the north sine of Hoviey Lane in the 12 foot parkway area; #1i be modified to read an eight foot meandering sidewaik; and #23, The wall set-bark along Hoviey Lane wii1 vary between 12 feet ann i4 feet , as per the submitted plan. ;toff also confirmed that.. the setback on pads 10 anti II were aiready part of the conditions of approval . Act ion: Moved by Commissioner Richards, seconded by Commission%=r Downs, adopting the findings as presented by staff. Carriea 4- i (Commi sioner L.anlow votpo no. ) Moved by Commissioner Richards, seconded by Commissioner Downs. adopting Planning Commission Resolution No. 1243, approving T-1-22741 and PP 87-27 suh,iect to condition-, as amended . t;arr i Fed 4- i (Commissioner Ladlow voted no. ) A 10 MINUTE RECESS WAS CALLED AT 8:47 P.M. E. Case No. CUP 87-10 - ARCO PETROLEUM PRODUCTS, Applicant Request for approval of a negative deciaration of environmental impact and r,onditional use 9 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 1987 permit to allow construction of a gasoiine � station and mini-market at the northwest corner of Portola Avenue and Highway Ill . Mr . Drell outlined the salient points of the staff report. Commission and staff discussed possible relocation and remodel of existing location, design, redevelopment agency, entrances onto Portola, street vacation, and median island configurations. Chairman Erwood asked if it would be appropriate for any committees to review this case. Mr. Drell indicated that this project could be reviewed by the project area committee. Commissioner Ladlow asked about future widening plans by Caitrans. Mr . Gaugush explained that Ca 1 trans is --isk i ng for 63 feet of H i grhway III frontage, which would allow three travel lanes. Chairman Erwood opened the public testimony and asked if the applicant wished to address the commission. MR. CRAIG YAMASAKI , Atlantic Richfield, stated that he was informed of the 20 foot right of way last Wednesday and that they were in the process of attempting to address those issues and amending the site plan, which was drafted based on original comments of staff. He stated that it might be impossible to develop with 20 feet, but indicated that they were taking a second look into this. Commissioner Richards asked about management policy regarding the provision of restrooms. Mr. Yamasaki responded that restrooms would be provided. Commissioner Whitlock asked Mr. Yamasaki if tie would he willing to remodel the existing building if the commission were to oppose the AM PM market. Mr. Yamasaki replied no. Chairman Erwood asked if any plans were drawn to show the dedication of the 20 feet to widen the road. Mr. Yamasaki stated that he was just informed of that last week. He indicated that the traffic engineer is addressing that issue and the entrance on Portola. He stated that the plan before commission was haled on those figures, but now understands that it is a 50 foot requirement for right of way. Mr. Gaugush informed commission that public work's position has been that 50 feet will be required. Chairman Erwood asked Mr. Yamasaki if he was requesting time to submit a plan that complies with that requirement. Mr. Yamasaki 10 y MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 1987 r.. responded that he would explore all the issues and address them. He indicated that there must be a potential corner in Palm Desert that they would be interested in and expressed a desire to create a win/win situation. Commissioner Richards stated that the project area committee review this, noting that they are an advisory body only and felt a continuance would be in order to a date certain. Mr. Yamasaki informed commission that he would be opposed to the closure of the Portola entrance, but indicated they wished to explore all options. Mr. Diaz suggested that staff get together with them. Mr. Yamasaki stated that he hopes that they can come before the commission in the future with an acceptable plan. Chairman Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. There was no response. Mr. Yamasaki stated that he would like to go before the project area committee. Chairman Erwood suggested that he contact staff and asked commission for a motion of continuance. Action: taw Moved by Commissioner Richards, seconded by Commissioner Downs, continuing CUP 87-10 to September 15, 1987. Carried 5-0. F. Case No. PM 22570 - LAKESIDE PROPERTIES, Applicant Request for approval of a subdivision of a 2. 3 acre lot into 4 parcels located on the north side of Mayfair Drive. Mr . Joy outlined the salient points and recommended approval . Commissioner Ladlow noted that in the staff report minimum lot size was .5 and the fourth lot size is .4333. Mr. Joy stated that this was correct. He explained that the intent of the original map was for reciprocal easement and that this was always there, but will be shown by the redrawing and would not require a variance. Chairman Erwood opened the public., testimony and asked if the applicant wished to address the commission. There was no response. Chairman Erwood asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed. There was no response and Chairman Erwood closed the public testimony. 11 irr MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 1987 Action: Moved by Commissioner Richards, seconded by Commissioner Downs, adopting the findings as presented by staff. Carried 5-0. Moved by Commissioner Richards, seconded by Commissioner Downs, adopting Planning Commission Resolution No. 1244, approving PM 22570 subject to conditions. Carried 5-0. G. Case No. PM 22676 - MESA VIEW PARTNERS, Applicant Request for approval of a subdivision of an existing two-acre parcel at the southeast corner of Highway 74 and Mesa View into four (4) single family residential lots and a fifth lot for street and open space purposes. Mr. Diaz outlined the salient points of the staff report and recommended approval , subject to conditions. Chairman Erwood opened the public testimony and asked if the applicant wished to address the commission. MR. PAUL GILMORE, ASL Consulting Engineers, stated that he was present to answer any questions. Chairman Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. There was no one and the public_ testimony was closed. Action: Moved by Commissioner Downs, seconded by Chairman Erwood, adopting the findings as presented by staff. Carried 5-0. Moved by Commissioner Downs, seconded by Commissioner Whitlock, adopting Planning Commission Resolution No. 1245, approving PM 22676 subject to conditions. Carried 5-0. H. Case No. PP 87-21 - JACK TIANO, JET MANAGEMENT CORP., Applicant Request for approval of a 18,920 square foot two-story industrial/office building on the east side of St. Charles Place in an S. I . (Service Industrial ) zone. 12 ow MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 1987 Mr . Diaz outlined the salient points of the staff report and recommended approval , subject to conditions. Chairman Erwood opened the public testimony and asked if the applicant wished to address the commission. MR. DANIEL BEEN, architect at 1500 S. Palm Canyon, Palm Springs, stated that he was present to answer any questions. 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. Action: Moved by Commissioner Whitlock, seconded by Commissioner Downs, adopting the findings as presented by staff. Carried 5-0. Moved by Commissioner Whitlock, seconded by Commissioner Downs, adopting Planning Commission Resolution No. 1246, approving PP 87-21 subject to conditions. Carried 5-0. �.. Vill . MISCELLANEOUS A. Case No. PP 87-14 - RAY AL, Applicant Informational item showing the redesign of the office project on the north side of Fred Waring Drive between Adonis Drive and Acacia Drive. Action: No action required. B. Case No. PP 86-28 - MCG ARCHITECTS FOR AHMANSON, Applicant Request for consideration of an exception under ordinance 25.68.730. Action: Moved by Commissioner Whitlock, seconded by Commissioner Downs, denying the exception by minute motion. Carried 5-0. 13 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 1987 rli IX. ORAL COMMUNICATIONS None. X. COMMENTS None. XI . ADJOURNMENT Moved by Commissioner Ladlow, seconded by Commissioner Downs, adjourning the meeting. Carried 5-0. The meeting was adjourned at 10:07 p.m. .4ecow RAMON A. DIAZ, Sec r tar ATTEST' C. L_ RICHARD ERWOOD, Chairman /tm 14 rdl