HomeMy WebLinkAbout0901 MINUTES
PALM DESERT PLANNING COMMISSION MEETING
TUESDAY - SEPTEMBER 1 , 1987
7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER
73-510 FRED WARING DRIVE
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NO STUDY SESSION WAS HELD PRIOR TO THE MEETING.
I . CALL TO ORDER
Chairman Erwood called the meeting to order at 7:00 p.m.
11 . PLEDGE OF ALLEGIANCE
Commissioner Richards 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
T i m Connor
Dick Folkers
Catherine Sass
Tonya Monroe
IV. APPROVAL OF MINUTES:
Request for approval of the August 18, 1987 meeting minutes.
Action:
Moved by Commissioner Downs . seconded by Commissioner Whitlock,
approving the minutes as submitted. Carried 5-0.
V. SUMMARY OF COUNCIL ACTION
Mr. Diaz summarized the August 27, 1987 city council actions.
V1 . CONSENT CALENDAR
None.
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PALM DESERT PLANNING COMMISSION
SEPTEMBER I , 1987
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V11 . 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
coUr=.e on 404 gross acres at the northeast
corner of Country Ciub Drive and Cook Street.
Ms. Sass outlined the salient points of the project background. She
informed commission that the applicant has not finalized the
agreements that were submitted as exhibits , that Cook Street
maintenance was still unresolved, that Mr. Temple has acquired the 25
acres and will continue condominium development , she outlined
previous concerns ,and possible mitigation measures, and explained
that staff was still concerned with the architectural style.
Chairman Erwood opened. the public_ testimony and asked if the
applicant wished to address the commission.
MR. MARK TEMPLE, 1010 Andreas Palms, Palm Springs, informed
commission that their financing was in place. He stated that
they've had many conversations and felt that many issues had
been resolved. He indicated agreements had been made with Mr.
Stevens of Avondale regarding the grass area maintenance and
wrought iron fence and filed an agreement with the current
Desert Falls Homeowners Association for the area north on
Country Club to have the remaining balance of property one
story units. Mr. Temple stated that they would provide garages
and noted that the architect and engineer were also present to
answer questions.
Chairman Erwood asked if anyone present wished to speak in FAVOR or
OPPOSITION to the proposed.
MR. DAVID CHRISTIAN, architect, described the design of the
project, indicating the make-up of the units in four- and
six-plexes . He noted that there were no negative comments
at the architecturaai commission meeting.
Commission expressed concern regarding the detached garages, six-plex
unit_ and compatihility. Mr. Temple noted that the six-plexes have a
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PALM DESERT PLANNING COMMISSION
SEPTEMBER 1 , 1987
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strong economic impact on the project . Upon questioning by
Commissioner Ladlow, Mr. Christian explained the number of units and
buildings and indicated that they were asking for approval of phase 1
only.
MR. MIKE SMITH, 73-080 El Paseo, engineer, indicated they woula
be working out a phasing program and asked for approval of the
entire concept.
Commissioner Whitlock expressed concern if Avondale thinks the
construction of the whole roadway will be completed at one time.
Mr. Smith explained that in the corner where the initial problem was.
that they have been able to work that out with walls and grade. Mr.
Temple stated that the problem will be solved within the first two
phases. Mr. Diaz noted that each phase would come before commission
as a public hearing. Commissioner Richards felt that the size and
expense of the project should be a factor in permitting the
development to complete this in two phases.
Mr. Temple described the lanriscaping they would be providing on Cook
and in the medians.
MR. ,JAMES BINGER, Montana, stated that he was a six-unit owner
in the 94 units. He explained the time he had spent trying to
resurrect the project. He stated that he felt that Temple
Construction was their best bet and expressed support for the
project.
MR. WILLIAM STEVENS, 38390 Tandika Trail , Palm Desert, stated
he was representing the homeowners association and golf course
and expressed concern regarding the large drop from Country
Club and Frank Sinatra. He agreed with comments in favor of
the Temple's. He also explained that they would like assurance
that work along their right would be one in two pieces. He
indicated that at the south end there are tamarisk trees, but
felt the other end was more of a problem because of the
elevation difference. He stated that they thought it was being
done at one time, but felt that the homeowners could be sold on
having it clone in two steps.
Commissioner Richards indicated that the previously stated problem of
Mr. Steven's northeast corner will be taken care of in the second
phase. Mr. Temple concurred.
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PALM DESERT PLANNING COMMISSION
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MS. ESTER CRATON, 112 Avondale Circle, felt that the proposed ri
project looks like an apartment project and is not compatible
with existing residences.
Chairman Erwood closed the public testimony and asked for commission
comments.
Commissioner Richards expressed concern about the six-plex units and
detached garages, but noted that he was not opposed to the number of
units proposed.
Commissioner Downs suggested voting approval on the general plan
amendment with conditions regarding the six-unit and garage
configurations. Mr. Connor recommended that commission defer the
entire matter rather than splitting it up.
Chairman Erwood felt that without seeing the detached garages,
commission could not deny it , but informed the applicant that this
is not something the commission normally sees. Mr. Folkers stated
that while the applicant is preparing drawings, it would allow
public works time to work out the phasing on Cook Street and Frank
Sinatra.
Commissioner Whitlock expressed approval of the 25 acres being
included into the project.
Mr. Diaz stated that an appropriate action would be for commission
to continue the entire hearing and instruct staff to prepare
resolutions setting forth conditions for items discussed.
Chairman Erwood r_e_openea the public testimony for continuance
purposes.
Action:
Moved by Commissioner Richards, seconded by Commissioner Downs,
instruction staff to prepare appropriate resolutions with conditions
mitigating commission concerns for presentation at September 15,
1987. Carried 5-0.
A FIVE MINUTE RECESS WAS CALLED AT 8:26 P.M.
B. Case No. PM 22885 - KARL BURETZ, Applicant
Request for approval of a parcel map that
subdivides the parcel into two lots.
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PALM DESERT PLANNING COMMISSION
SEPTEMBER 1 , 1987
Ms . Sass outlined the salient points of the staff report and
recommended approval of the findings and adoption of the resolution.
Commissioner Downs noted on the plan that the school district name
should be changed to Desert Sand Unified School District for the
final map.
Commissioner Richards noted that parcel #1 , though it meets square
footage, is an irregular shaped lot. Mr. Buretz, the applicant,
stated that the drawings indicate an 1800 square foot house.
Commissioner Richards asked if the project meets city standards. Mr .
Burtez replied yes.
Chairman Erwood opened the public testimony and asked if the
applicant wished to address the commission.
MR. KARL BURTEZ, owner , asked for questions. Commissioner
Richards asked Mr . Buretz if he intended to subdivide and
build. Mr. Buretz replied yes.
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.
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Mr. Diaz asked for and received clarification that conditions
of approval should be attached.
Chairman Erwood reopened the public testimony ;end asked for a motion
to continue this matter to allow staff to attach appropriate
conditions.
Action:
Moved by Commissioner Downs , seconded by Commissioner Ricnards,
continuing PM 22885 to September 15, 1987, to allow staff to add
appropriate conditions. Carried 5-0.
C. Case No. CUP 20-83 Amendment #1 - DAVID FOREMAN FOR B.B.
O'BRIENS, Applicant
Request for approval of a conditional use permit
to allow additional seating at an outside dining
area.
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PALM DESERT PLANNING COMMISSION
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Ms. Sass outlined the salient points of the staff report, noting "W
that parking spaces are available because of empty space in the
building and recommended approval .
Commissioner Whitlock received clarification regarding the ability
to revoke the additional seating if parking becomes a problem. Ms.
Sass also indicated that under the ordinance 12 seats are allowed,
but stated that this is a larger area. Commissioner Ladlow asked if
the empty part of the building could be rented to someone else. Ms.
Sass replied yes. Chairman Erwood asked if more parking would be
required. Ms. Sass replied that it would be difficult to lease
space without parking.
Commissioner Richards felt that commission should determine whether
or not there was enough parking, noting that some parking was
available across the street. Commissioner Downs stated that there
were 100 spaces open last time he was there.
Mr. Diaz noted that if the parking becomes a problem, the conditional
use permit can be revoked under the nuisance ordinance, which allows
staff the ability to resolve any future problems.
Chairman Erwood opened the public testimony and asked if the
applicant wished to address the commission.
MR. DAV' ID FOREMAN stated that he was present to answer any
questions. He noted that there is parking across the street
available at all times and on-street parking.
Chairman Erwood asked if anyone present wished to speak in FAVOR or
OPPOSITION to the proposed. The being no one, the public testimony
was closed.
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 Richards,
adopting Planning Commission Resolution No. 1247, approving CUP 20-83
Amendment #I . Carried 5-0.
D. Case No. TT 22713 - SAM ALACANO, Applicant
Request: for approval of a ten lot single family
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SEPTEMBER 1, 1987
subdivision located on the south side of Hovley
Lane, 1650 feet east of Monterey Avenue.
Mr. Diaz outlined the salient points of the staff report and added a
condition to community development that the only development allowed
on the lots will be single family detached units, except for iot 11 ,
to be used for retention purposes only.
Chairman Erwood opened the public testimony and asked if the
applicant wished to address the commission.
MR. MICHAEL HURST, 3699 Cathedral Canyon, stated that he had no
problems with the conditions. Commissioner Downs asked if he
concurred with the added condition. Mr. Hurst replied yes,
Chairman Erwood asked if anyone present wished to speak in FAVOR or
OPPOSITION to the proposed.
MR. VICTOR VILLENEUVE, 73-241 Highway 111 , expressed concern
with condition #6 and how the easement would be handled, final
map or separate easement. Mr. Diaz replied final map. Mr.
Villeneuve also expressed concern regarding condition #9. Mr .
Diaz explained that there was a concern regarding double wall
construction. After further discussion, commission concurred
with the deletion of condition #9.
Commissioner Ladlow addressed the issue of individual buyers
requesting to build two-story homes. Mr. Villeneuve clarified that
property would be sold as custom home sites. Mr. Villeneuve also
discussed heights. Staff clarified that landscaping would be
maintained by an association.
Chairman Erwood closed the public testimony.
Action:
Moved by Commissioner Downs , seconded by Commissioner Whitlock,
adopting the findings as presented by staff. Carried 5-0.
Moved by Commissioner Downs, seconded by Commissioner Whitlock,
adopting Planning Commission Resolution No. 1248, approving TT 22713,
subject to conditions. Carried 5-0.
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PALM DESERT PLANNING COMMISSION •
SEPTEMBER 1 , 1987
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E. Case No. C/Z 87-10 CITY OF PALM DESERT, Applicant
Request for approval of a negative declaration
of environmental impact and change of zone from
Hillside Planned Residential (HPR) to General
Commercial (C- 1 ) for the approximately 7000
square foot portion of APN 640-02-003 directly
adjacent to the west side of Highway 111 , Past
of the toe of slope and west of Parkview
Drive/Highway 111 .
Mr. Diaz explained that this action was to clarify an error brought
on by mis- intent of Measure E. Staff recommended adoption of a
resolution recommending approval of the change of zone to city
council . Mr. Diaz also explained that this would allow the applicant
to submit plans for that property.
Commissioner Richards asked if it were appropriate for commission to
take action on an item under study by the federal courts. Mr.
Connor asked staff if this matter were being handled by their
office. Mr. Diaz explained that it was being handled in Los Angeles.
Commissioner Downs suggested that commission move this item to city
council with no action.
Chairman Erwood opened the public. testimony and asked if anyone
wished to addressed the commission in FAVOR or OPPOSITION.
MS. TAMAR STEIN, 2049 Century Park E . ##2800, Los Angeles,
representing the property owner , recommended that ali the
property be rezoned to C-1 . Ms. Stein spoke in favor, but felt
the action was too little, too iate.
Chairman Erwood closed the public testimony.
Commissioner Richards spoke ,against taking an action at planning
commission level because it is currently involved in litigation
regarding zoning.
Chairman Erwood spoke in favor of the change of zone. He explained
that when the voters passed the ordinance for the zone change, the
whole area was not to be included and this action would remedy the
error.
Commissioner I_adlow asked what the present zoning was and Mr. Diaz
replied hillside planned residential .
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PALM DESERT PLANNING COMMISSION
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Commissioner Richards provided background information on the original
rezoning.
Mr. Connor suggested that since this item is involved in litigation,
additional information could be provided by the attorneys, possibly
in a study session.
Staff noted that the public hearing did not have to be reopened.
Action:
Moved by Commissioner Richards, seconded by Commissioner Whitlock,
continuing C/Z 87- 10 to September 15, 1987. Carried 4- 1
(Commissioner Downs voted no. )
F. Case No. ZOA 87-1 - CITY OF PALM DESERT, Applicant
Request for approval of an amendment to zoning
ordinance chapter 25.24 PR Planned Residential
District limiting permitted uses to residential
developments , country clubs , open space,
recreation and other directly related accessory
uses.
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Mr . Diaz outlined the salient points of the staff report. He
explained that as a result of enquiries from medical offices, that
those type of uses should be subject to a conditional use permit for
compatibility.
Chairman Erwood �p the public testimony and 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 expressed concern regarding uses allowed in
open space zoning. Commission felt that Exhibit A #C should be
deleted.
Action:
Moved by Commissioner Richards, seconded by Commissioner !_allow,
adopting the findings as presented by staff. Carried 5-0.
Moved by Commissioner Richards, seconded by Commissioner i_adlow,
adopting Planning Commission Resolution No. 1249, recommending
approval of ZOA 87-2 to city council as amended. Carried 5-0.
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SEPTEMBER 1 , 1987
Vill . MISCELLANEOUS
A. Case No. CUP 87-6 - RALPH AND VONNA MESTFALL, Applicants
Presentation for adoption of a resolution of
denial for a requested conversion of nine of the
existing motel units to office professional use.
Action:
Moved by Commissioner Downs, seconded by Commissioner Whitlock,
adopting the finhings as presented by staff. Carried 5-0.
Moved by Commissioner Downs , seconded by Commissioner Whitlock,
adopting Planning Commission Resolution No. 1250, denying CUP 87-6.
Carried 5-0.
B. Discussion of Special Meeting for September 22, 1987.
Request for special meeting on September 22 to discuss the
North Sphere Specific Plan.
Commission concurred with having a meeting on September 22, 1987.
1X. ORAL COMMUNICATIONS
None.
X. COMMENTS
Commissioner Richards asked staff to prepare a report showing an
inventory of open space zoning and usages in the city, to allow study
before cases like this come for public hearing. Mr. Diaz replied
that a case of this type would be coming before commission on
September 15.
Commissioner Downs noted that Building & Safety Director Rat Conlon
should have been before the commission to discuss walls. Mr. Diaz
stated that a study session would be scheduled for 5:00 p.m. on
September 15 and Mr. Conlon would be present.
Mr. Diaz distributed a copy of the Civic Center Master Plan; he also
indicated that he would obtain more copies for the commission.
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PALM DESERT PLANNING COMMISSION
SEPTEMBER 1 , 1987
low XI . ADJOURNMENT
Moved by Commissioner Downs , seconded by Commissioner Lad low,
adjourning the meeting. Carried 5-0.
The meeting was adjourned at 9:45 p.4, owo�-
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RAMON A. DIAZ, Secret
ATTEST:
R1CHARD ERWOWI Chairman
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