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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 x 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. MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER I , 1987 r1i 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 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 1 , 1987 a.► 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. 1 low MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 1 , 1987 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. 4 MINUTES 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. �.r 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. 5 %woo MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 1 , 1987 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 fi MINUTES PALM DESERT PLANNING COMMISSION 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. 7 MINUTES PALM DESERT PLANNING COMMISSION • SEPTEMBER 1 , 1987 low 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 . R Wm/ MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 1 , 1987 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. ice► 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. 9 `r MINUTES PALM DESERT PLANNING COMMISSION 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. i 4 i 10 MINUTES 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�- ---- - ---- RAMON A. DIAZ, Secret ATTEST: R1CHARD ERWOWI Chairman /tm it �r