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HomeMy WebLinkAbout0719 MII�ATI'ES PALM DESERT PLANNDG OCMMION METING TUESDAY - JULY 19, 1988 7:00 P.M. - CIVIC CENTER ADMINISTRATIVE CONFERENCE ROOM 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 A ABGIANCE Carmissioner Richards led the Pledge of Allegiance III. ROLL CALL Members present: Rick Erwood, Chairman Bob Downs Jim Richards Carol Whitlock Faith Ladlow Members Absent: None Staff Present: Ramon Diaz Kandy Allen Catherine Sass Steven Smith Ruthie Worthy Richard Folkers Lt. Jake Bowser Carlos L. Ortega Phil Joy IV. APPROVAL OF M N= Chairman Erwood informed camussion that minutes of June 21, July 5, and July 19, 1988, would be continued to the next meeting. V. SUMARY OF COUNCIL ACTION Mr. Diaz reported that the council approved the Civic Center Master Plan with the deletion of the baseball and soccer fields; conceptual approval of the Chaparral Apartments; and the Palma Village Assessment District. VI. CONSENT CALENDAR None. DUN[TI ES , PALM DESERT PLANNING OCNMISSIM JULY 19, 1988 r 3 1 VII. PUBLIC HEARINGS A. Contixx�ed Case Nos. PM 23711, PP 88-8, and VAR 88-1 - SUSAN CUSE A request for approval of a parcel map to allow a lot split, variance top the zoning ordinance to allow the proposed lot split and the subsequent construction of a single family residence and guest house on property in the West Hills Area of the City of Palm Desert, APN 628-130-007. This matter was continued from the meeting of June 21, 1988. Mr. Smith presented the staff report stating that staff was continuing to reco Tend denial of the application. Staff based its' reco miendation on the inability of the applicant to provide the necessary support to enable staff to make the required findings for the commission to approve the request. Discussion ensued as to whether the area shown as access easement should or should not be included in the determination of site size or slope. It was concluded that even if the area was excluded it would not alter the outcome of the inability of the site to meet the minimum slope requirements of the ordinance. wo Commissioner Richards stated that he was concerned that as yet there have been no specific street standards established for the hillside areas. Mr. Folkers responded that the matter was under-study and that specific standards needed to be evaluated because of the unusual terrain and geology of the area. Commissioner Richard suggested that the applicant be granted a continuance until such time as the city addresses the problem of establishing specific street standards in the hillside areas. Mr. Diaz suggested that people wanting to develop in the hillside area be advised that the city will not provide emergency services if access is not available for emergency vehicles. He added that it might be wise to ask them to sign a hold-harmless agreement to that effect. Kandy Allen pointed out that such an agreement would not stand up in court. Commissioner Whitlock felt that the required findings for the request were not supported; therefore, she could not vote for the approval. 2 r.rr MINUIES PALM DESERT PLANNDC COMMISSION JULY 19, 1988 Chairman Erwood opened the public testimony and asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposal. MR. CHARLES HAVER, Engineer for the project represented the applicant - Susan Cuse. He indicated that after extensive study none of the options set forth within the ordinance could be met to permit the dwelling unit requested. He was also critical of the slope density formula, because it does not provide an accurate picture of what exists in the field. Mr. Diaz responded that the hillside overlay was amended after extensive hearings and work in order to give property owners in the area the ability to develop their property, while preserving the quality of the hillsides. Further discussion ensued, and it was concluded that the required findings for the request were not demonstrated. Chairman Erwood closed the public testimony. ACTION Moved by Commissioner Whitlock, seconded by Commissioner Downs to adopt the findings as recommended by staff. Motion carried 3-2 (Commissioner Ladlow and Commissioner Richards voted no). Moved by Commissioners Whitlock, seconded by Commissioner Downs to adopt Planning Commission Resolution No. 1299, denying PM 23711, PP 88-8; and adopting Planning Commission Resolution No. 1300, denying VAR 88-1. Motion carried 3-2 (Commissioner Ladlow and Commissioner Richards voted no). B. C+ontinued case No. CUP 88-3 - CITY OF PALM DESERT (Desert Cities Baptist Ctun:ch) 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 +j- 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. 3 w.. MINUTES PALM DESERT PLAMDU COMIESSIC N JULY 19, 1988 Ing Mr. Diaz reported that this matter was continued from the previous meeting in order for staff to investigate the question of access rights across the property by adjoining residents. He reported that the adjoining ng owners do not have a prescriptive easement, but that access was being provided by the city through a graded roadway located to the north and east of the comT unity center. This was verified by Mr. Ortega, Director of Redevelopment. Chairman Erwood opened the hearing for public testimony and asked if anyone present wished to speak in FAVOR or OPPOSITICN to the proposal. MR. DEL CAQNON, 73-612 Highway 111, Palm Desert, California, spoke in favor of the application. He indicated that an easement is in existence at this time and that the current access could be expanded to utilize the most direct route. There being no legal easement, this would eliminate the possibility of someone building a wall around the easement and eliminating future use. He wished to have the access paved.. Commissioner Richards would like to see Mr. Del Gagnon's suggestions added as a condition of approval before the agreement is signed. Mr. Diaz indicated that there is no obligation to provide any type of access beyond the easement prescribed in the original plats. The city would, however, grade the easement. He also pointed out that if the district had not created a parking lot the present access route would not have been paved. MR. WILLIAM FROST, P.O. Box 2548, Palm Desert, California, stated that he did not object to the use, but preferred to have the access along a formerly proposed Green Way. It was pointed out that such an access could not be implemented, but that easements per the original plats did exist if at sometime those effected wished to utilize them. Chairman Ezwood closed the public testimony. ACTION It was moved by Commissioner Richards, seconded by Commissioner Dawns to adopt the findings as recommended by staff. Motion carried 5-0. Moved by Commissioner Richards, seconded by Ccnuissioner Downs to adopt Planning Commission Resolution No. 1301, approving CUP 88-3 subject to conditions. Notion carried 5-0. 4 moo NIIN= PAID! DESERT PLAMDU CCMMISSIM JULY 19, 1988 ... C. CASE No. CUP 88-4 A request for approval of a conditional use permit to establish a family billiards parlor at 72-200 Painters Path, APN 640-020-019- Charles C. Kirkpatrick. Ms. Sass delivered the staff report, stating that the sheriff's Department had some concerns over the proposed use. Lt. Jake Bowser of the Riverside County Sheriff's Department addressed the commission. He stated that after reviewing the operation with the applicant his original concerns were alleviated. Chairman Erwood opened the hearing for public testimony and asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposal. Mr. Kirkpatrick, the applicant, addressed the commission and explained how the parlor would be operated and controlled. He showed a drawing of the interior of the billiard parlor. Ccmmissioner Richards stated that he felt the proposal was a good one and the location was appropriate. He reminded the applicant that if a problem did arise the permit could be reviewed and revoked by the city. Commissioner Ladlow supported the application. Chairman Erwood closed the public testimony. ACTION It was moved by Commissioner Richards, seconded by Ccmmissioner Ladlow that staff be instructed to prepare a resolution of approval for adoption at the next meeting. Notion carried 5-0. D. Case Nos. GPA 88-4, C/Z 88-5 A request by the City of Palm Desert for approval of a negative declaration of environmental impact, an amendment to the Palma Village Specific Plan, and a change of zone redesignating two parcels fronting on the north side of Fred Waring Drive between Monterey Ave. and Acacia Drive and a third adjacent parcel fronting onto Acacia Drive from R-2, S.P. and R-1 - 12,000 to 5 ow MIN[TIES PALM DESERT PLAMIlNG7 COMMISSION JULY 19, 1988 office professional, and four parcels on the east e side of Acacia Drive south of Arboleda Ave. from R-1 - 12, 000 to R-3 - 12, 000 to permit construction of a greenbelt and parking lot to serve the Town Center Apartments. Mr. Diaz gave the staff report explaining that this matter was in conjunction with on going discussions and agreements between the city's redevelopment agency, the property owner and the owner of the Town Center Apartments, to help alleviate the parking and aesthetic problems in the area. A site plan of the proposed parking area and landscaping was shown to the ocmmission. Some questions arose regarding the redevelopment agency and property owner agreements. Mr. Ortega, addressed the canmission and answered their inquiries. Chairman Erwood opened the public testimony and asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposal. Mr. Tolar, resident on Acacia across frcm the project spoke in favor of the proposal. Chairman Erwood closed the public testimony. ACTION It was moved by Commissioner Ladlow, seconded by Ccr issioner Richards to adopt the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Ladlow, seconded by Commissioner i Richards to adapt Planning Omission Resolution No. 1302, approving GPA 88-4, C/Z 88-5. Notion carried 5-0. VIII. MISCELLANEOUS i A. Case No. CPA 88-2, C/Z 88-2 AND PP 88-10 - Cn6GFOVE, HELL, WILSCN AND JENSEN TRUST, Applicants Approval of Resolution No. denying approval of general plan amendment 88-2, change of zone 88-2 and precise plan 88-10. This case was presented at the July 5, 1988, meeting at which time the camu.ssion directed staff to prepare a resolution of denial. 6 ,r MINUTES PALM DESERT PLANNING CONMISSIM JULY 19, 1988 ,now Action: It was moved by Commissioner Whitlock, seconded by Commissioner Ladlow to adopt Planning Commission Resolution No. 1303, denying approval of GPA 88-2, C/Z 88-2 and PP 88-10. Motion carried 5-0. IX. ORAL 0CMJNICATICNS None. X. I'S XI. ADJOURNMENr Moved by Commissioner Downs, seconded by Commissioner Whitlock, adjourning the meeting. Notion carried 5-0. The meeting adjourned at 10:00 P.M. RAMON A. DIAZ, Secrfatq67 ... ATTEST: i lziCHARD MOOD, thairman /fr 7