Loading...
HomeMy WebLinkAbout1018 i MINUTES PALM DESERT PLANNIIU CO144ISSION MEETIM TUESDAY - OCICBER 18, 1988 7:00 P.M. - CIVIC (ENTER COUNCIL CHAMBER 73-510 FRED WARU G DRIVE NO STUDY SESSION WILL BE HELD. I. CALL TO ORDER Chairman Elwood called the meeting to order at 7:03 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Ladlow led in the pledge of allegiance. III. ROLL CALL Members Present: Rick Elwood, Chairman Bob Downs Faith Ladlow Carol Whitlock Members Absent: Jim Richards Staff Present: Phil Drell Steve Smith NOW Gregg Holtz Tonya Monroe IV. APPROVAL OF MINUTES: Consideration of October 4, 1988 meeting minutes. Action: Moved by Commissioner Whitlock, seconded by Commissioner Dawns, approving the October 4, 1988 meeting minutes as submitted. Carried 4-0. V. Sit OF COUNCIL ACTION Mr. Drell stated that at the October 13, 1988 city council meeting there were no pertinent items to planning commission. VI. CONSENT CALENDAR None. MINUTES PALM DESERT PLANNING CCWISSION OCPOBER 18, 1988 i view ! VII. PUBLIC HEARINGS i A. Continued Case No. TT 23681 - CHAZAN DEVELOPMENT 0CMPANY, ! Applicant (, Request for approval of a tentative tract map subdividing 11.2 acres into 35 single family dwelling lots on the south side of Skyward Way, west of proposed Arrow Trail and north of the Monterra Development. s Mr. Smith stated that a revised map had been distributed to the planning commission and proceeded to update the information in the staff report and outline the remaining unresolved concerns. Mr. Smith stated that a petition had been received regarding the construction of the park and stated that the matter would be referred to the parks and recreation ccnrdssion. Mr. Smith indicated that pad heights had been lowered and indicated that public works condition #9 should be modified to read 50' , not 60' . He reccmnended approval of TT 23681, subject to conditions and these revisions. Chairman Erwood requested further information regarding the allowable building space on a lot and Mr. Smith explained that the zoning wo ordinance limits building area to 30%. Chairman Erwood opened the public testimony and asked if the applicant wished to address the cc nrrLission. MR. MIKE SMITH, J.F. Davidson, 73-080 El Paseo in Palm Desert, stated that they have met all the concerns. Commissioner Ladlow asked about the drainage frcm upper lots; Mr. Smith explained that there would be a catch basin to prevent water going down Chia. Chairman Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. There was no one to speak in favor and the following spoke in opposition. MR. RANDALL WHITE, 73-186 Somera, asked for and received clarification regarding why it would not be appropriate to put Homestead through to Alamo. Mr. White stated that his concerns were the increase in traffic and safety problems. He also felt that the proposed homes would be inconsistent with the homes in the area and the size was not appropriate, as well as the width of the lots not being compatible with Skyward. Mr. White stated 2 r, MINUIES PALM DESERT PLANNING COMMISSION OCTOBER 18, 1988 rr that the quality of homes being built by Mr. Chazan was a concern and did not feel they would be appropriate to the area. He felt that Silver Spur had been given undue consideration in the matter and indicated that Silver Spur had been notified before other homeowners. MR. STUART SMITH, 73-082 Bel Air, showed commission the location of his house and indicated that the present dead-end intersection would not be a four lane intersection. He indicated that he spoke to agents of Mr. Chazan and felt that Mr. Chazan's previous projects lacked creativity and compared them to Monterra. He also felt that the quality of life would be lowered and wished that the commission could see the neighborhood and compare it with the existing home and the Monterra project. MR. JACK PEAT, 73-185 Somera, agreed with Mr. White and added that he was concerned with the 21 children living on Somera. He felt traffic would be a major hazard. He stated that he did not want a development that would look like a tract and also compared the project to the Monterra development. MRS. ROBIN WRAKEWAITH, 73-042 Bel Air, expressed concern for the children's safety. MR. MURRAY TAYLOR, 73-210 Somera, agreed with the previous speakers, citing the number of children in the neighborhood, and suggested that Somera and Chia be cul-de-sacred. MRS. CHARLENE EVANS, 72-990 Homestead, stated she was concerned with the extension of Homestead going easterly because the widening of Alamo has created a raceway on Friday and Saturday evenings, especially with the addition of traffic from Monterra. MR. F'RED SKOGAN, 73-102 Skyward, expressed concern regarding the compatibility of the project and felt that the project should not only meet requirements, but exceed them. MS. KAY CRALG, 72-992 Bel Air, expressed concern about 36 more cars being added unless Chia is opened to help funnel traffic. MRS. BONNIE BOLAS, 73-182 Skyward, expressed concerns regarding the quality of homes and agreed with comments by her neighbors. She was also in favor of opening Chia through to Haystack to relieve traffic. Mr. Smith reviewed the pad heights across the street from Mrs. Bolas. 3 ftw MIN[TIES PALM DESERT PLANNING C 14vaSSICN OCIOBER 18, 1988 ri MS. CHARLENE McLEAN, representing Mr. Chazan, stated that a survey was done that indicated that 1600 square feet is the average of size of hcmes between Homestead and Haystack, per the tax assessor roles. She reviewed the minimum zoning requirements and felt that economics would determine the price of the hones, but felt they would range from $250,000 to $300,000. She also described the four different floor plans. Chairman Erwood closed the public testimony and asked for comments. Comiissioner Downs felt that the matter should be continued until Commissioner Richards could be present to address his concerns. Commissioner Ladlow noted that this was a family neighborhood and felt that the request was appropriate for that area; that the park was a separate issue; and that the road situation had more or less been resolved. C nnissioner Whitlock stated that this was a no win situation and stated that the traffic pattern is a concern, children's safety is a concern, some people want Chia opened, some want it closed and c cudssion could not make everyone happy. She felt that the developer had exceeded the zoning requirements and felt that size of homes with prices at $250,000 and up was appropriate for that area. She also stated that growth is inevitable and felt that Mr. Chazan has a good reputation and has listened to concerns. Ccnvdssioner Whitlock stated that she was in favor of the project subject to the conditions as stated. Chairman Erwood felt that the real issue was the circulation pattern, noting that any increase in population increases traffic and potentially increases danger to children in the street. He did not feel the size of hones were significantly different from homes in the area and proportionately there should not be a difference. He expressed concern regarding the circulation pattern and felt the matter had not been adequately addressed. Mr. Smith clarified that the proposed circulation pattern was that Homestead/Chia not connect to Silver Spur; Chia would be opened to Haystack; Homestead would not terminate in a dead-end situation, but turn northerly and intersect with Bel Air and Barberry; and noted that extending Homestead to Alamo was no longer an option. Mr. Holtz reiterated Mr. Smiths cotments. 4 rii MINUTES PALM DESERT PLANNING CC"4ISSIC IN OCTOBER 18, 1988 ramp Commissioner Downs asked if this circulation pattern was the recommendation of public works and Mr. Smith replied yes. Action: Moved by Commissioner Whitlock, seconded by Commissioner Derails, adapting the findings as presented by staff. Carried 3-1 (Chairman Erwood voted no). Moved by Commissioner Whitlock, seconded by Commissioner Downs, adopting Planning Commission Resolution No. 1315, approving TT 23681 subject to conditions. Carried 3-1 (Chairman Erwood voted no). Staff noted that the decision could be appealed to the city council within 15 days. B. Continued Case No. PM 23798 - S. JACK KESHTKAR, Applicant Request for approval of a three lot subdivision north of Silver Spur Trail and Sun Corral Trail. Mr. Drell explained that the applicant was requesting a continuance to November 1, 1988. ... Chairman Erwood opened the public testimony and asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. The general consensus from the audience was to return on November 1, 1988. Commission concurred with the continuance request. Action: Moved by Commissioner Downs, seconded by Commissioner Ladlow, continuing PM 23798 to November 1, 1988. Carried 4-0. C. Case No. CUP 88-10 - PROFESSIONAL CAREER COLDS, Applicant Request for approval of a conditional use permit to allow the use of a 750 square foot space within a commercial complex at 73-241 Highway 111 as a professional career college classroom. Mr. Drell outlined the salient points of the staff report and noted that there has been a history of complaints with students in the parking lot. He stated that the use does not meet the requirements for parking and noted that a new building was under construction, but 5 MINUTES PALM DESERT PLANNINS C 44ISSICN OCPOBER 18, 1988 the applicant wishes to expand the present use. Staff felt the expansion would be detrimental and reccnuended denial. Chairman Erwood opened the public testimony and asked the applicant to address the commission. i MS. LORETTA COLLINS, Professional Career Colleges Director, stated that she took personal responsibility for students being moved into the expanded area, but noted that there were no additional students. She indicated that they have tried to work with the tenants and property management. She stated that there new facility was under construction and they expected to move by December. She noted that there is an empty lot on Lupine Lane toward Sage and suggested they be allowed to use it for student parking. Commissioner Ladlow asked about the number of students and Ms. Collins replied that there were 16 at a time. ' Chairman Erwood asked if there was anyone present who wished to speak in FAVOR of the proposal. There was no one. Chairman Erwood asked if anyone present wished to speak in OPPOSITICN to the proposed. MR. DAVID FLETCHER, 73-061 El Paseo Suite 205, stated that he was the property manager to the south and stated that the applicant had been a tenant in his building, but about a year ago they decided not to renew the lease the Professional Career Colleges because of student and parking problems. He indicated that several weeks ago he started receiving complaints (J.C. 's Patio Cafe) and told camdssion he was opposed to the request. MS. COLLINS stated that J.C. 's restaurant was not in their area and they did not park there and indicated that the classroom was down a considerable way from there and he should be concerned with other people in the immediate area. Chairman Erwood closed the public testimony and asked for comments. Chairman Erwood stated that when a conditional use permit is approved, it is within the commission ability to revoke that permit if a problem occurs. He indicated that the applicant was attempting to cooperate with neighbors and they would only be there a short time, but indicated that consideration had to be given on the impact of commission's actions on future conditional use permit applications and possibly setting a precedent. 6 "W i PALM DESERT PLANNING COMMISSION OCTOBER 18, 1988 Action: Moved by Commissioner Downs, seconded by Commissioner Whitlock, adopting the findings as presented by staff. Carried 4-0. Moved by Commissioner Downs, seconded by Commissioner Whitlock, adopting Planning Commission Resolution No. 1316, denying CUP 88-10. Carried 4-0. Staff noted that the applicant could appeal the decision to the city council within 15 days. D. Case No. PP 88-16 AND VAR 88-2 - URI NMM, Applicant Request for approval of a negative declaration of environmental impact, precise plan and front setback variance for a 9, 394 square foot industrial building located at 74-849 Joni Drive. Mr. Drell outlined the salient points of the staff report. He stated that he received a phone call from the owner across the street who had concern regarding impact on parking felt that a parking problem exists due to improper off-street parking and was concerned about the applicant's allowing an auto service occupation. Staff indicated that this concern was addressed in conditions #8 and #9 (applicant agreed to conditions) and recommended approval. Commissioner Downs noted a correction on the agenda with the case numbers. Upon request by Commissioner Ladlow, Mr. Drell described the landscaping and screening being provided. Chairman Erwood opened the public testimony and asked if the applicant wished to address the commission. He did not. 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. Action: Moved by Commissioner Downs, seconded by Commissioner Ladlow, adopting the findings as presented by staff. Carried 4-0. Moved by Commissioner Downs, seconded by Commissioner Ladlow, adopting Planning Commission Resolution No. 1317, approving PP 88-16 and VAR 88-2, subject to conditions. Carried 4-0. 7 MIN<IIES PALM DESERT PLANNING M IISSION OC 0BER 18, 1988 ' E. Case No. CUP 88-11 - CHERYL DAVIS HELM, Applicant i Request for approval of a conditional use permit to allow a restaurant with liquor license to occupy 6,800 square feet of space within a commercial building at the southeast corner of Cook Street and Country Club Drive. Mr. Drell outlined the salient points of the staff report and indicated that letters had been received and a petition from 23 property owners within the Lakes Country Club. He reviewed com-nission's options for action on this case. Chairman Erwood opened the public testimony and asked the applicant to address the commission. MR. MIKE HELM felt that a restaurant would enhance the area and indicated that they interviewed many people before making a decision. He felt that this would be a high-quality facility and would benefit the ccnnunity. He indicated that they called Mr. Ed Ethel to address any concerns and met with the association and left the meeting feeling they would remain a neutral. He later learned that a resolution had been adopted to deny this request. Mr. Helm stated that traffic is already present and felt that parking problems would be handled with a valet service. He felt that the type of clientele would eliminate loud noise from the parking lot and also indicated that trash containers would be bleached daily and trash would be picked up in the afternoons and he felt this would mitigate the trash problems. Mr. Helm described other restaurants they own. He stated that there was 70 feet from the nearest garage to wall and a landscaping buffer at the rear of the houses and the front door and living area is 80-90 feet to wall and another 90 feet to front door of restaurant. MR. SANDY SAXTON, partner, stated that he did not want to be at odds with the Lakes and indicated that he would be happy to meet with them. He distributed a history of the company and described their other restaurants and where they are located. He stated that they try to fit the decor of every restaurant with the neighborhood. He indicated the hours of operation would be from 4:30 p.m. with Sunday brunch a possibility in the future and prices ranging from $11 to $20 and felt this would not appeal to all age groups. Mr. Saxton stated that they were not planning on having entertainment. He indicated that the 8 u rli MLNLnEs PALM DESERT PLANNUC COMMISSION OCPOBER 18, 1988 entrance would be from the parking lot side and felt noise and lighting would not be a problem. Mr. Helm felt that valet parking would prevent noise problems in the parking lot. He also described the exhaust system and smoke odor controls they would utilize. Commissioner Downs informed the applicant that he was concerned with spillover from car lights being a problem at night, even with a six foot wall. ` MR. MIKE PUCCINO, 74-133 E1 Paseo, stated that he was a landscape architect and felt that this restaurant would keep the quality level in Palm Desert. He indicated that traffic noise along Cook and Country Club would out weigh any restaurant noise. He stated that there was a buffer of land and space and a wall with landscaping and two road systems, as well as a large water movement and traffic noise. He also felt that landscaping was a key to mitigation impacts from lighting. Chairman Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. MR. ED ETHEL, Running Springs in Lakes Country Club, spoke .... representing the 92 homeowners in the association. He stated that they always understood that the property would be used as offices only during the day and was concerned with lighting at night. He expressed concern regarding noise from parties or large groups of people and cars starting up. He stated that trial and error would not be good enough and they would like to live with what they bought into. He indicated that he would be in favor of this restaurant somewhere else and requested a denial. MR. CHUCK McGALE, 14 Lost River Drive, stated that people in the general area were not properly notified and had only found one other person on the street who had been notified and that person wrote a letter of protest. He stated that he liked the idea of this restaurant and felt the applicant had many good ideas, but not for this location. He indicated that if the conmission did not deny the request, at least postpone it for 30-60 days to allow for meetings together. He did not feel that valet parking would alleviate the parking deficiency. People who did not choose to parking in valet parking would park along the streets and would create a possible security problem. He also did not want grease and grime on his house and in his air conditioner from the project. 9 MINUTES PALM DESERT PLANNING 0.N4ISSION O I'OBER 18, 1988 Commissioner Downs asked Mr. McGale if he would be in favor of the f project is his concerns could be mitigated. Mr. McGale replied yes, if he could be guaranteed. MR. HAL GLACIER, 358 Red River Road, stated that they are only 70 feet from the back entrance and expressed concern for noise of people leaving the restaurant, doors slamming, and indicated that noise carries. He stated that there was no way for traffic to exit from Country Club and a traffic hazard would be created with people pulling out onto a heavily populated street with cars going 50 mph. The applicant rebutted that the parking would be regulated and controlled and stated that the exit onto Cook Street is 350 feet away to exit out and felt that any problem could be mitigated; he stated that they should not be a scapegoat for an existing traffic problem, but informed commission that they would do what commission wished to mitigate adding to the problem. Chairman Erwood closed the public testimony. Commissioner Whitlock felt that the Lakes residents have legitimate concerns and the property owner has shown signs of wanting to work with the resident, therefore she was in favor of a continuance to allow the property owner to meet with residents and resolve concerns. Commissioner Ladlow agreed. Chairman Erwood disagreed; he noted that the applicant had attempted to meet with the Lakes and indicated you can't force people to meet. He felt that Mr. Glacier had a valid point when he spoke about sound carrying from people leaving at night and did not feel that the noise could be resolved. If commission was in favor of a continuance, he felt the applicant could use his comments constructively. Commissioner Whitlock felt a 30 day continuance would allow the applicant a chance to mitigate concerns. Commissioner Downs agreed and recommended continuance to the first meeting in December. Action: Moved by Commissioner Whitlock, seconded by Commission Ladlow, continuing CUP 88-11 to December 6, 1988. 10 �„r r4LN TIES PALM DESERT PLANNING COMMLSSICIN OCPOBER 18, 1988 WSW VIII. MISCILIANECIUS None. IX. ORAL C)CNMJNIC'ATIONS None. i X. CJCitff2InS 1. Chairman Erwood asked if Mrs. Peat would be referred directly to the parks and recreation ccnudssion and Mr. Drell said yes. 2. Commissioner Whitlock noted that the city attorney was to have a report to the catmission on the parking lot ownership issue for the project on El Paseo. Mr. Drell stated that it is a condition on the resolution and the attorney's office was still working on the matter. XI. ADJOUFJ41 SIP Moved by Chairman Erwood, seconded by Commissioner Whitlock, adjourning the meeting. Carried 4-0. The meeting was adjourned at 10:11 P.M. RAMON A. DIAZ, Secrtta,-y - ATTEST: RIC24ARD ERWOOD, Chairman /tm 11