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HomeMy WebLinkAbout0705 MINUTES PALM DESERT PLANNING, CCF IISSIC N MEETING, TUESDAY, JULY 5, 1988 C1CtZFER13NCE ROCM 73-510 FRED i MUM DRIVE NO STUDY SESSION WAS HELD. I. CALL TO ORDER Chairman Erwood called the meeting to order at 6:59 p.m. II. PLEDGE OF ALLEGIANCE Co nnissioner Dawns led the Pledge of Allegiance. III. ROLL CALL Members present: Rick Erwood, Chairman Bob Dawns Faith Ladlow Jim Richards (absent at roll call) Carol Whitlock Members Absent: None Staff Present: Ray Diaz Kandy Allen Phil Drell Joe Gaugush Phil Joy Steve Smith Ruthie Worthy IV. APPROVAL OF MINUTES: Chairman Erwood advised the comussion that June 21 minutes are not available for approval and suggested we move on to the consent calendar. V. OCNSENT CALENDAR A. Case No. PMW 88-9 Neufeld, applicant Property is located 618 feet north of Country Club Drive and 1,326.78 feet east of Cook Street. Request is to increase parcel to 10 acres +/-. B. Case No. TT 20024 Time Extension Applicant is requesting a one-year time extension for an eight lot subdivision in the Hillside Planned Residential zone west of Palm Valley Channel and the Scmmerset Condominium development. Imm MINL)TES PRIM DESERT PLANNING OCNMISSION JULY 5, 1988 C. Case No. PNW 88-8 Waring Place .r/ Applicant is requesting minor lot line adjustments to coincide with wall installations. Chairman Erwood stated these items are normally considered routine and asked if there were any comments from the members of the commission regarding items on the consent calendar. Action Moved by Commissioner Downs, seconded by Commissioner Whitlock, approving consent calendar by minute motion. Carried 3-0, with Chairman Erwood abstaining and Jim Richards absent at the time the vote was taken. VI. PUBLIC HEARINGS A. CONTINUED CASE NO. CUP 88-2 - SCHMITZ ENTERPRISES, INC., Applicant Request for approval of a conditional use permit and development agreement to construct a 17-unit senior citizens' apartment project in the R-2, S. 0. zone, on the south side of Santa Rosa .. Way, near San Pascual Avenue. In the applicant's absence, Mr. Diaz recommended that this item be moved to the foot of the calendar as the last public hearing item. B. CASE NO. PP 88-10, C/Z 88-2, CPA 88-2 - COSGROVE, HELL, WIISON AND JENSEN TRUST, Applicant Request for approval of a general plan amendment, zone change, precise plan of design, and negative declaration of environmental impact to allow construction of a 14,600 square foot office structure at the southwest corner of San Luis Drive and Fred Waring Drive, APN 640-121-010 through 014. Phil Joy outlined the the staff report and reconnP.nded approval. He added that the surrounding property owners have now came forward with a petition to make }cram their concerns. In addition, the applicant's original plan did not include greenbelt, and a later submitted plan does include one. 2 MLNUf S PALM DESERT PLAMIWx CxM ISSIC N JULY 5, 1988 r Chairman Erwood opened the public testimony and asked if the applicant wished to address the commission. MR. C:HARLES MARTIN, 72-715 Fred Waring Drive, addressed the commission on behalf of the applicant. In dealing with setbacks and traffic, we approached staff to have egress off Fred Waring Drive since this would not come over a residential area. We have averaged a 15-foot greenbelt so there is quite a bit of landscaping on San Luis Drive. The architectural commission looked at the site plan and had no negative comments about the site plan or the traffic. He added he has seen the petition the residents brought forth, which seems to involve three major issues: Property values, the view of the back of the building, and traffic congestion. Mr. Martin continued that residents have every right to appear at the architectural commission and make their opinions heard. We will observe a traffic situation in which the lot will fill up from around 8:30 a.m. until 5:30 or 6:00 O'clock but would be empty after that time. As far as property values are concerned, the properties would probably sell for more. Chairman Erwood asked if anyone present wished to speak in FAVOR of the proposed. RUSTY STILLMAN, 44-168 San Luis Drive, addressed the commission in `r favor of the project. He stated that the residents are concerned about one property in particular which is an eyesore and stinks up the neighborhood. They are trying to beautify the neighborhood, but this stops right next to a welfare house. MIC HAEL C OSCROVE stated that the property owners can't get together to address two basic issues: We are especially concerned about traffic and noise, and Mr. Martin has done a pretty nice job of addressing our concerns. He added they would have two weeks with the recommendation of staff that the property be demolished before we get the second reading, but I certainly would not want to put myself in the position of tearing dawn a home. III4E:t L. SHETLER, one of the owners of the vacant lot on the northwest corner. He thinks the whole block should be considered., not just that piece and added that he is not opposed to the project. He sees some very nice things on Fred Waring, and he would like to enjoy multiple zoning right next to commercial property RICK 0OF?DER0 stated that he is in favor of the development on Fred Waring Drive and would like to go on record as saying so. 3 r.. MINUPFS PALM DESERT PL MING OO MISSICN JULY 5, 1988 Chairman Erwood asked if anyone present wished to speak in CPPOSITICN to .w the proposed. GEORGE KRYDER, 75-813 Sonora, spoke in opposition to the proposal stating that he has sincere objections to R-1 abutting a commercial property, particularly when there is no buffer area between the two. The plan proposes to place an entrance to the parking lot from a commercial property to the street. The project intrudes well into a residential area as well as the wall surrounding the parking lot. The property shows no greenbelt which would reduce the brunt on the neighborhood. Again, we have a property where the architect and the developer have taken every advantage of every square foot. The design of the building will result in many of the tenants leaving their cars on Fred Waring Drive rather than in the parking lot. Those questions have not been answered by Mr. Martin nor the staff. I think we are entitled to know what changes are in the plan. Is this philosophy going to carry through to all of the property down Fred Waring Drive? I think we should consider that Fred Waring Drive is a major entrance into Palm Desert. Are we going to allow this entrance to be a tunnel to the philosophy of the planning commission? GEORGE SMITH, 44-141 San Luis Drive, spoke in opposition to the project stating in part that he wrote a letter to the commission stating he was very concerned about some of the issues raised by Mr. Kmyder. He added he is looking right at the back of the building; there is no landscaping and the cars park on Fred Waring Drive as well as Fair Haven. Mr. Smith added he is just worried about the city taking little bits of residential property for commercial purposes. He added that he gathers that the signatures support their position against commercial zoning. JUDY KORTS, 44-082 San Luis Drive, spoke in opposition to the project. She said her living room window faces this building, which blocks what little view there is, plus the noise. She added this is a residential neighborhood and she wants to see it stay that way. Ccmmmercial buildings would have to be lit up to deter vandals and she feels the neighborhood youngsters would use it as a hang-out or gathering place. Mr. Martin stated that the R-1, which is the old house next to the property, is actually 70 or 80 feet from the nearest property. In terms of greenbelt, the architectural omission will be looking closely at the landscaping. All the lighting in the parking lot is low-density, perhaps 75 watt bulbs. 4 14 NUrES PRIM DESERT PLANN1M COMMISSION JULY 5, 1988 �•• Commissioner Downs pointed out that the parking area should be in the front rather than the rear of the building. Commissioner Ladlow stated she shares Mr. Kryder's concerns and feels very strongly about changing the general plan Chairman Erwood said, anytime we are talking about a general plan amendment, we must consider the impact on neighboring parcels. We are looking at a building potentially 300 feet long and a minimum of 18 feet high. The design of the parcel will decrease property values and have a negative impact on public health, safety, and welfare. How much traffic will be brought in by the building? One of the amendrients has to do with whether it is consistent with adjacent land use. Based on those concerns, I am not in favor of it. Chairman Erwood closed the public testimony and asked if there are additional comments from the commission. Commissioner Richards pointed out the concept of green area or buffer zone is not here. We have here a thorough intrusion on a residential area. Commissioner Richards opposed on the basis of absence of greenbelt. He added we have a little bit of both residential and commercial. I don't find anything worthy about it at all and will low move for its denial along with the rest of my commissioners. Action Moved by Commissioner Richards, seconded by Commissioner Whitlock, instructing the staff to prepare a resolution of denial. Carried 5- 0. C. CASE NO. PM 23711, PP 88-8, AND VAR 88-1 - SUSAN CUSE, Applicant A request for approval of a parcel map to allow a lot split, variance to the zoning ordinance to allow the proposed lot split and the subsequent construction of a single-family residence and a guest house on property in the west hills area of Palm Desert, APN 628-130- 007. Steve Smith outlined the salient points of the staff report. He pointed out that although there may be exceptional circumstances, the only exceptional feature of this lot are the graded pads which were done without permits. Staff feels that the findings necessary to grant a variance cannot be made and is, therefore, reco mnend.ing denial. Chairman Erwood opened the public testimony and asked if the applicant wished to address the commission. 5 MINUTES PALM DESERT PLANNDG OC[4-=IC N JULY 5, 1988 Addressing the commission on behalf of the applicant was the engineer, MR. CHARLES HAVER, 74-390 Highway 111. Mr. Haver pointed out that when Mrs. Case was considering the buying the lot, he met with Mr. Diaz. He stated that the site was graded at the time the house was built, and at that time it was probably legal. Mr. Haver added there is some question as to whether we are consistent with the ordinance. In response to a question fran CnTnissioner Ladlow, Mr. Smith advised that the existing 5-acre lot is proposed to have 4.5 acres split off and leave the existing residence on a .5-acre site. Each 5-acre parcel is assured by the Code of at least one unit. Commissioner Richards said he wondered why we took this parcel into the city in the first place. It is important for us to establish a specific road standard for the roads that go into the area. Mr. Haver stated that Option 3 states an ". . .average grade of 20$ or less," and he felt they can meet that criteria. Chairman Erwood clarified that he is in favor of a continuance because we have not determined that it does not come within Option 3. Mr. Haver asked that both the variance and the precise plan case be continued. ri Action Moved by Cc mdssioner Richards, seconded by Commissioner Downs, that the case be continued to the July 19 meeting. Carried 5-0. D. CASE N0S. GPA 88-1, C/Z 88-4, PP 88-9, PM 23770 - LEVI H. LOW, Applicant Request for approval of a negative declaration of environmental impact and an amendment to the Palma Village Specific Plan, change of zone from R-3 (high density residential ) to O.P. (office professional) and a precise plan for a 24,000 square foot medical building to be located at the southeast corner of Fred Waring Drive and San Pablo Avenue. Phil Drell sunnarized the staff report. The project consists of one two- story building fronting on Fred Waring Drive with parking off of Santa Rosa Way. Commissioner Ladlow inquired as to the nature of the adjacent uses. Mr. Drell responded that to the south there is a two-story apartment ccoplex, and to the east are one-story apartments. 6 ..r MII�AII'F5 PALM DESERT PLANNIM 00n4ISSION JULY 5, 1988 Chairman Erwood opened the public testimony and asked if the applicant wished to address the com fission. LEROY N1ILLER, architect for the applicant, addressed the comdssion stating that the proposed medical use is consistent with the plan. Commissioner Ladlow asked about the color rendering; specifically, is the building going to be blue and red? Mr. Miller clarified that the use of colors, namely tan and rose, are used for sun screens and blue accents and some red accents. Commissioner Ladlow clarified that the design is very high tech. Mr. Miller stated that the architectural commission did not go into the very fine detail until it was determined whether or not a building of this kind can be built. He added that the color scheme still has to be submitted to the architectural oo mnission. Commissioner Whitlock stated that the color blue usually projects this image and suggested that he not use this color. Commissioner Richards stated that the project looks good and added that the fact that it is a bit different is a compliment. Commissioner Whitlock said she likes the project also, especially since no residents in the community object to it. Chairman Erwood also agreed he likes the color scheme. r... Chairman Erwood asked if anyone present wished to speak in opposition to the proposed. There being no response, the public hearing was declared closed. Action Moved by Commissioner Richards, seconded by Commissioner Whitlock, adopting findings as presented by staff. Carried 5-0. Moved by Commissioner Whitlock, seconded by Commissioner Downs, adopting Planning Commission Resolution No. 1295, recommending approval of GPA 88-1, C/Z 88-4, PP 88-9, PM 23770. E. CASE NO. PP 86-22, DA 86-5 AMEMX 1 1M, USA FAIRF IELD REALTY FUND, Applicant Request for approval of a negative declaration of environmental impact and amendments to a precise plan and development agreement modifying the site plan, elevations, and increasing the unit total i from 113 to 150 for a senior citizens apartment project on 7.5 acres located on the south side of Country Club Drive, 1,600 feet east of Monterey Avenue. 7 %NW MIlV[TI�S PAIM DESERT PLANNIUU CCI+T7ISSIO1N JULY 5, 1988 .I Phil Drell summarized the staff report and noted that the original plan was to be one and two-bedroom units with 25$ affordable units. By decreasing the size of units from one and two-bedrooms to studios and one- bedrooms, the developer has managed to have all units in one-story, as opposed to two-story, and increased the number of affordable units by 10. There will be an emergency access as required by the fire marrahall. The conclusion was that the site plan is superior to the original. Staff recommends approval. Chairman E wood opened public testimony and asked if the applicant wished to address the cannission. Steve Gall of USA Realty Fund expressed agreement with the staff report and conditions of approval. Chairman Erwood asked if anyone wished to speak in FAVOR of or OPPOSITION to the proposed. Commissioner Whitlock asked haw many swimming pools are included in the project. On learning there is only one pool, she, Commissioner Ladlow, and Commissioner Richards insisted that the number of pools be increased to a total of three. Commissioner Ladlow added that swimming pools are often used for therapeutic purposes and, following discussion, it was agreed that the number of pools should be mandated as Condition No. 11. MR. DAVE STILU4AN, Society for the Retarded, said he welcomes the project and supports it entirely. Chairman Erwood closed the public testimony and asked if there was further comment from the commission. 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 Ladlow, adopting Planning Cb nnission Resolution 1296, recommending to the city council approval of PP 86-22 and DA 86-5 Amendments, providing that Condition No. 11 be added indicating that the total number of swimming pools in the project be increased to three. CARRIED 5-0. 8 .r MINUTES PALM DESERT PLAN I% (XXMSSIC N JULY 5, 1988 r.. F. CASE NO. ZOA 88-3 - CITY OF PALM DESERT, Applicant An amendment to Palm Desert Zoning Ordinance, Section 25.56.190 D, relating to height, location, and materials for fences. Phil Drell summarized the staff report. Chairman Erwood opened the public testimony and asked if anyone present wished to speak in FAVOR of or OPPOSITION to the proposed. Commissioner Richards said he does not think we should have ordinances at all; if there must be, let the city council decide. Chairman Erwood closed public testimony. Action Moved by Camnissioner Richards, seconded by Chairman Erwood that this item be passed on to the city council with "No comment. " Commissioners Downs and Whitlock opposed. Moved by Commissioner Downs, seconded by Commissioner Whitlock, adopting the findings as presented by staff. Carried 3-2. NOW Moved by Commissioner Whitlock, Seconded by Camtissioner Downs, adopting Planning Commission Resolution No. 1297, recommending to city council adoption of ZOA 88-3. CARRIED 3-2. G. CASE NO. CUP 88-3 - CITY OF PAIM DESERT (Desert Cities Baptist Church), applicant Request for approval of a negative declaration of environmental impact and a conditional use permit to allow the operation of a church facility on 2.47 acres +/- located west of the Palm Valley Channel just southerly of the projection of Green Way. The parcel is presently owned by the Coachella Valley Parks and Recreation District and is referred to as the Palm Desert Community Center. Mr. Diaz presented the staff report stating in part that this is the culmination of a series of exchange agreements whereby Desert Cities Baptist Church would be using the Palm Desert Community Center. A conditional use permit is before you today. We believe the requirements for this conditional use permit are met. The access utilized by residents through the lot will continue but not in the same configuration as before. Presently, these properties receive access directly through the lot of the 9 MINMES PALM DESERT PLANNU G 0014 1SSICN JMY 5, 1988 ccnrunity center. Access would be provided by the city; there are no residents on the property. The facility is owned by the Coachella Valley Parks and Recreational District. One concern that was brought up on the part of the Parks and Recreation Cbn nission is what happens between the time this facility is changed and that facility is built. I do not have an exact period of time; perhaps it would be a year before we would have a cccmnanity center. Staff reccnuends approval, subject to conditions. In response to Chairman Ervood's question, Mr. Diaz clarified that the tennis courts would still be open to the public. Cammissioner Ladlow clarified that the church is relocating from property it is currently renting on Highway 111. Cam issioner Richards stated that the cammu ity center is not heavily used because the amount of activities held there are not that great. Mr. Diaz clarified that the Coachella Valley Parks and Recreation Ccen fission does rent the facility out to another group. Chairman E rwood opened public testimony and asked if anyone present wished to speak in FAVOR of or OPPOSITION to the proposed. NCR. DEL GAGNON, 73-612 Highway 111, expressed a willingness to have the church utilize the facility and asked whether or not this would involve a lease with the city. Mr. Diaz clarified that at no time will the facility be in the city's hands. The church will have this property, will own it lock, stock, and barrel; the Coachella Valley moo will receive sane 15,000 square feet of the civic center property. Mr. Diaz clarified that we should restrict ourselves to the conditional use permit regardless to who owns the land. Mr. Gaugush, of the Engineering Department, explained the easements which would be granted property owners allowing them to retain use so that each of the three or four property owners would be mentioned by name. The issue arose as to who will maintain it; Mr. Gaugush clarified that this is the work of the redevelopment agency. Commissioner Richards stated that the city is going to request the easements. Mr. Diaz clarified that there has not been an access through parks and recreation property. It is not known whether or not there will be brief access which will became a private easement which the users would be required to maintain. Chairman Erwcod stated that we should take a look at the parking lot. If we do not have a legal easement, they will now give you one, which means no one can build a wall around it and say you can no longer use it. The residents state they have aerial photos showing easements giving access to this property. Mr. Diaz clarified that they are attempting to relocate the easement, but all users would be required to maintain it. Commissioner Richards asked the city 10 ..� NIINUPFS PALM DESERT PIS 0OMMISSIC N JULY 5, 1988 low attorney to clarify what the legal position is. Kandy Allen later clarified that, based on her findings, the church could come in as new owner and build a wall round the lot so that residents would not have access. The minister clarified that when the church service is in process, we do not relish the thought of people going through there. MR. WrryAM FROST stated that the church plans to make some very positive changes to the building, do some landscaping, and remodel it to make it look nice, and we believe the people will appreciate it. Mr. Frost added he supports Mr. Del Gagnon's position in welcoming the church's use but added that the church is getting a conditional use permit with unlimited use. The easement is in the shortest distance between two points. The objection was that we would establish a permanent easement through the parking lot and he would like the commission to continue that. If a road is going to be built and maintained, it would be through the most direct route. The community center is built right on the property line. Mr. Frost stated he would like to see some sort of territorial design as to where the city and parks and recreation district are going with this piece of property. He continued that he would like to have revised the original easements. There was some talk of a graded road; can all of that be included in the next discussion? Mr. Diaz recommended that the case be continued for a period of two weeks to allow time to consider a matter which he thought was already resolved. Action Moved by Ccainissioner Downs, seconded by Commissioner Richards, continuing this case to July 19. Carried 5-0. A. CoNrINUED CASE NO. CUP 88-2 - SC MITZ ENTERPRISES, INC., Applicant This item was moved to the foot of the calendar as the last public hearing item at Mr. Diaz's request. Mr. Diaz informed the commission that this matter was continued to allow the applicant time to redesign the project and discussed the salient points of redesign. He added that the new design of the project is far superior to the one on the bottom. Chairman Erwood opened the public hearing and asked if the applicant wished to address the commission. 11 M 14UPES PALM DESERT PLANNDU CCNMISSICN JULY 5, 1988 MR. HARRY SCHMITZ, the applicant, addressed the oammission citing a number of revisions in the project. He added there are some trade- offs involved, and he can live with them. There were some concerns about police protection, etc., which were resolved. Commissioner Richards stated he does like this design much better, and this was a considerable improvement. Cairman Erwcod asked if anyone present wished to speak in FAVOR of or OPPOSITION to the proposed. There was no response, and the public hearing was closed. Action Moved by Commissioner Richards, seconded by Commissioner Whitlock, adopting the findings as presented by staff. Carried 5-0. Moved by Commissioner Whitlock, seconded by Comissioner Richards, adapting Planning Commission Resolution No. 1298, approving CUP 88-2, subject to conditions. Carried 5-0. VII. ORAL CCNMJNICATIC NS A. Any person wishing to discuss any item not otherwise on the agenda may address the commission at this point by stepping to the lectern and giving his/her name and address for the record. Remarks shall be limited to a maximmun of five minutes unless additional time is authorized by the commission. Cam issioner Richards stated that we are starting to develop a portfolio of subsidized housing and he is proposing here that we have some way to make published information available to the public. Palms to Pines Estates: Commissioner Richards stated he would like staff to review the road condition which is one way east. The road is wide enough to go both ways, so why not make it two- way? Mr. Gaugush stated that we have been in negotiations with the property owners, and he feels we are almost at a point of making the desired improvements. 12 NiIIVUI�'S PAIM DESERT PLANNEU C 44ISSIC N JULY 5, 1988 VIII. ADJOURNMENT Moved by Commissioner Richards, seconded by Commissioner Downs, adjourning the meeting. Carried 5-0. The meeting was adjourned at 10:45 p.m. 't e0to • RAMON A. DIAZ, Sec et ATTEST: RICHARD WOOD, Chairman /rlw 13