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HomeMy WebLinkAbout1103 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - NOVEMBER 3, 1987 7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE NO STUDY SESSION WAS HELD. 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 (Arrived after start of meeting) Jim Richards Carol Whitlock Members Absent: Faith Ladlow Staff Present: Ray Diaz Candy Allen rr. Frank Allen Tonya Monroe IV. APPROVAL OF MINUTES: Consideration of the October 20, 1987 meeting minutes. Action: Moved by Commissioner Whitlock, seconded by Commissioner Richards, approving the minutes as submitted. Carried 3-0. V. SUMMARY OF COUNCIL ACTION Mr. Diaz explained there were no council meetings since the last commission meeting. V1 . CONSENT CALENDAR None. rrr MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 3, 1987 VIi. PUBLIC HEARINGS r A. Continued Case No. ZOA 87-3 - CITY OF PALM DESERT, Applicant Request for approval of an amendment to zoning ordinance chapter 25. 58.070 A & B to allow special limitations in the residential zone. Mr. Diaz explained that this item had been continued by commission with a request for further notification. He explained that Mr. Allen was present to answer any questions. Mr. Frank Allen requested that certain requirements be applied: 1 ) present site plan of property and where vehicles would be parked; 2) photograph of vehicle; 3) proof of being registered owner; 4) CC&R's compliance shown by written approval from homeowner's association. Mr. Diaz stated that he felt that this could be handled at the staff level by the zoning administrator and if a problem occurs, the matter can then be appealed to the planning commission. He indicated that the only case of hardship wou I d be that of a person who could not park a vehicle in the back. Chairman Erwood opened the public testimony and asked if anyone use present wished to speak in FAVOR or OPPOSITION to the proposed. MRS. MARGARET TOWNSEND, 73-150 Guadelupe, stated that she has had her 25' length vehicle for 13 years and it sits in the driveway. She also stated that she keeps her property in excellent condition and no neighbors complain. She informed commission that there was no way that she could put the RV in the backyard and indicated that she has never heard of this law and did not feel it was fair. MR. CARL ANDERSON, 72-920 Homestead, stated that if there are problems with some RV's, they can be dealt with under the nuisance ordinance and this proposed amendment would not be necessary. Commissioner Richards asked Mr. Allen to give a brief summary of the reason for this amendment; he did so. Commissioner Richards asked Mr. Allen if most homeowners associations already have the proposed amendment in their CC&R's and Mr. Allen replied yes, but it is costly to enforce. Chairman Erwood asked Mr. Allen if the homeowners associations were taking this problem to the city because it is to expensive for them to enforce; Mr. Allen replied that that was part 2 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 3, 1987 low of the reason, but indicated that individual neighbors also complain. Upon questioning regarding complaint documentation, Mr. Allen responded that when complaints are taken they are not broken down, but clarified that 35 to 40 complaints within three to four months are being received. MR. DON THOMPSON, De Anza, stated that he has fought the RV issues since inception. He felt that most complaints are from realtors trying to sell houses in the neighborhood. He stated that recently Indio has had a rash of RV burglaries. He suggested that the city buy property and hire a security officer and have a storage area. He felt that the city was taking away too many personal rights and making law breakers out of honest citizens. MR. JAMES SEIRS, resident of Palm Desert since 1962, asked the commission to consider what they are doing. He stated that there is not sufficient or adequate storage available with protection. MRS. TOWNSEND addressed the commission and indicated that everyone had pledge allegiance to the flag at the beginning of the meeting and felt that the home owners deserved a lot more low consideration. Chairman Erwood responded by saying that changes are being proposed to try to make the ordinance workable and when talking about American citizenship, that is why we are having changes are being proposed, to establish a better ordinance. He asked Mrs. Townsend how she would change the ordinance for council recommendation. Mrs. Townsend stated that she would prefer having no ordinance and if a nuisance occurs, it can be abated like complaints against homes. She noted that on Guadelupe there is no curb and gutter at this time and that makes parking on the street hazardous. MR. TONY THOMPSON, E1 Cortez resident, stated that the RV will not go in his backyard and that sometimes he parks it in front when he has relatives visiting. He stated that with the present ordinance he has to start his vehicle two or three times a week. He told commission that he is retired and does not use the RV for business purposes, but they need to be in a convenient place because starting the engine has to be done frequently. MR. HENRY STIRLOCK, San Clemente, stated that he was present when last ordinance was adopted. He indicated that he did not 3 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 3, 1987 know who is complaining, homeowners or realtors, and felt complaints should be documented. He told commission that he owns a pickup with a camper and it stays in his driveway. MR. VIC EFFINGER, 539 Sorrento Court, stated that he was representing the Hidden Palms Homeowners Association and that they have considerable trouble in enforcing the CC&R's, which do not allow RV's on the premises except for loading or delivery purposes for 30 to 45 minutes. He stated that when people buy a unit in Hidden Palms they agree to abide by the CCBR's. He indicated that this is a democracy where majority rules. MR. ROSS PATTERSON, Shadow Mountain, stated that he was being harassed. He indicated that he stores the RV in Indio and when he brings it home to get ready for a trip, an officer is right there telling him to move it. He felt that Palm Desert should have a limited amount of time to allow for loading and unloading. He felt that someone should talk to the code enforcement officer. He indicated that he has to look at old trucks and the RV's generally have a better appearance. He stated that with all the harassment, he feels like moving from Palm Desert. MRS. ELLEN MORANTSI , 72-924 Sonora, asked if she could extend her fence because the gates open inward and she would install a cement slab parallel to the driveway for parking the vehicle. She stated that she just received the notice and asked how long she has to relocate or move the vehicle. Chairman Erwood suggested that Mrs. Morantsi set up a meeting with Frank Allen. MR. TOM HOLLOWAY, 70-26I Hatera, indicated that this was his first trip to city hall . He stated that he has an RV parked in his driveway and that it is 60 feet long. He indicated that he recently received a ticket from Mr. Allen and that he has lived here 30 years and felt that Palm Desert used to be a good place. He asked where the complaints were coming from. Chairman Erwood provided clarification. Mr. Holloway felt that if the vehicle is not unsightly, there should not be a problem with parking. He felt that people should be allowed to park them in their own driveways. A speaker from the audience suggested that the ordinance state that parking be behind the building setback limit. Mr. Allen indicated that the present ordinance states setback. Mr. Don Thompson 4 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 3, 1987 r.. indicated that the Good Sand Club might be able to provide some legal information regarding the unconstitutionality of ordinances being written based on aesthetics only. He also stated that he was upset about not being able to attend the council meeting regarding parking RV's on the street because of work and indicated that this would mean that when he has visitors, they would not be able to park anywhere if they have an RV. Planning commission asked for clarification on the council action. Mr. Diaz stated that council passed this ordinance amendment to second reading and explained why a public hearing was not required. He indicated that if passed, RV's cannot be parked on the street at all . Mr. Allen informed commission that this was initiated by council direction because of complaints and indicated that the matter would be before the council again on November 12. Someone from the audience spoke and stated that in the city of Cerritos, permits can be obtained to allow parking overnight on the street. Chairman Erwood suggested that staff take that issue up with the council . MR. MELVIN GORDON, 72-949 Joshua Trail , informed commission that he was representative of the homeowners association for 971 u.r parcels on the south end of Palm Desert. He stated that at a board of directors meeting it was the opinion of the board that this ordinance has a lot of validity and would solve problems in their jurisdiction. He stated that larger lots would allow for RV's in the back, whereas smaller lots to the north might not have the same amount of area. He suggested that some type of distinction be made or special provision be made for hardship. He felt that some city agency should provide a facility with adequate security for storage of these vehicles. Commissioner Richards stated that the code enforcement officers were doing a good ,job and felt that depending on the size of the lots, this ordinance would be very discriminatory. He did not advise parking on the street for any length of time and felt that adequate storage on the each homeowner's property, taking into account aesthetic views, should be considered. Commissioner Richards indicated that there is land in the city that perhaps could be designated for this use, but wondered if people would use them. He asked the audience if they would use a facility that was within the city boundaries that had a reasonable amount of security. He noted that the results were about half and half. Commissioner Richards expressed concern regarding the new and old ordinances, the small 5 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 3, 1987 size of some lots, council 's action on street parking, and felt �f complaints should be cataloged better by code. Commissioner Richards noted that there was a council member present and indicated that people have the opportunity to attend the meeting on November 12 to express their views. Mr. Diaz informed commission that since the matter was passed to second reading, anyone addressing this issue should speak under oral communications. Commissioner Whitlock concurred with Commissioner Richards in that the current and proposed ordinances do not solve the problems. She stated that she would like to see the types of complaints and where they are coming from. Commissioner Richards stated that he would like to know how many people are complaining because there is a violation and how many complaints were received after the first ordinance was passed to see if sincere complaints from neighbors were being received. Mr. Allen clarified that he produces a monthly activity report and when a complaint comes in, the name and address of the person calling is taken down. Mr. Diaz asked where the complaints are coming from, and indicated that some areas don't seem to mind if RV's are parked in the driveways and some do. He indicated that the ordinance has to be city-wide and can't be split for the north and south areas. Commissioner Downs noted that code enforcement department receives a lot of "flack" but indicated that he is just doing his job. He suggested using setbacks and if a hardship occurs, they can go to the community development director. He felt that a city parking area should be provided. Chairman Erwood suggested that this matter be continued to a date certain or send the matter to city council without a recommendation. He felt that it would be more prudent to continue the hearing. Commissioner Richards agreed that the matter should be continued and felt more information was needed and asked that code provide more information on the nature of the complaints. Mr. Allen suggested that a committee be formed that comprises of staff and homeowners to come up with an acceptable ordinance. Commissioner Downs felt that homeowners associations should be excluded from that committee because of a bias with the CC&R's against RV's. Mr. Diaz suggested seeing where the complaints are coming from and discouraged a situation of the city enforcing 6 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 3, 1987 association CCBR's. Commissioner Richards felt that Mr. Thompson would be a good candidate for the committee. Mr. Diaz indicated that could commission recommend to the council that they set up the committee and continue the amendment restricting parking on the street and that commission continue this meeting to January 5, 1988. Action: Moved by Commissioner Richards, seconded by Commissioner Downs, recommending that city council establish a committee of city council , planning commission, staff, and interested parties to investigate the current ordinance and proposed ordinance and continue this discussion to January 5, 1988, to allow time for a report from the committee. Also to recommend that city council postpone adoption of any resolutions amending the recreational vehicle ordinance in any way until the matter had been studied by the committee. Carried 4-0. Commissioner Richards stated that anyone interested in serving on this committee should contact Mr. Allen. Mr. Allen also suggested that information from Good Sands should be obtained. Vlll . MISCELLANEOUS A. Case No. CUP 87-13 - INTERNATIONAL CHILDREN'S CENTER, Applicant Request for approval of a resolution denying a conditional use permit to allow conversion of an existing single family dwelling and surrounding property to a preschool facility with a 100 student maximum capacity at this time on a 2.8 acre site in the R-1 10,000 zone on the east side of Portola Avenue , 110 feet south of Old Prospector Trail . Action: Moved by Commissioner Whitlock, seconded by Commissioner Richards, adopting the findings as presented by staff. Carried 4-0. Moved by Commissioner Whitlock, seconded by Commissioner Downs, adopting Planning Commission Resolution No. 1262, denying CUP 87-13. Carried 4-0. 7 `rr MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 3, 1987 B. Charter Medical Tour. Mr. Diaz asked if anyone would be available to attend the tour on 18th or 19th of November. No one was available. ix. ORAL COMMUNICATIONS None. X. COMMENTS None. Xi. ADJOURNMENT Moved by Commissioner Downs, seconded by Commissioner Whitlock, adjourning the meeting. Carried 4-0. The meeting was adjourned at 8:53 p.m. RAMON A. DIAZ, Secret ATTEST: 7 RICHARD ERWOOD, Chairman /tm 8