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HomeMy WebLinkAbout0620 c t t MU24 Ti'ES PALM DESERT PLANNING, CXI44LSSICN MEETING, TUESDAY — JUNE 20, 1989 7:00 P.M. — CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARIING DRIVE tow I. CALL TO ORDER Acting Chairperson Whitlock called the meeting to order at 7:00 p.m. II. PLEDGE OF ALT '7IANCE Commissioner Jonathan led in the pledge of allegiance. III. ROLL CALL Members Present: Carol Whitlock, Acting Chairperson Bob Downs i Sabby Jonathan Members Absent: Rick Erwood, Chairperson Jim Richards, Vice Chairperson Staff Present: Ray Diaz c Kandy Allen Gregg Holtz i Phil Drell Catherine Sass Phil Joy Tcnya Monroe IV. APPROVAL OF MINUTES: No minutes were submitted for approval. VI. SLAY OF COUNCIL ACTICN Mr. Diaz summarized pertinent city council actions from the meeting 7. of June 8, 1989. VII. CONSENT CALENDAR None. r VIII. PUBLIC HEARINGS A. Clontirntied Case Na. ZOA 89-1 - CITY OF PALM DESERT, Applicant Request for approval of amendments to the sign ordinance, Section 68, as it applies to signs and awnings. %NV { 1 1.1.1.NL 1 S PALM DESERT PLANNUG OCITUSSICN JUNE 20, 1989 Mr. Diaz explained that the Chamber of Catmerce was requesting a continuance of this item to July 5, 1989. C cmTdssicn coned. Action: Moved by Commissioner Downs, seconded by Ccnrdssicner Jonathan, continuing ZOA 89-1 to July 5, 1989. Carried 3-0. B. Continued Case No. CUP 89-3 - CABLE & RYLEE, Applicant Request for approval to construct a 13 unit f senior apartment project and on the southeast corner of Catalina Way and San Carlos. Ms. Sass outlined the salient points of the staff report and recommended approval. Acting Chairperson Whitlock e�ned the public testimony and asked if the applicant wished to address the ccmnissicn. i MR. WENDELL RYLEE agreed with the staff report and discussed the proj ect's impact on the adjoining house, which had a big back yard and a swimming pool, but had not talked to them about this project. Mr. Rylee also noted that there was a wood fence there ..ii now, which would be replaced with a block wall. f Acting Chairperson Whitlock asked if anyone wished to speak in FAVOR i� or OPPOSITION to the proposed project. MR. CRAIG ZUNDEL, San Pascual resident, stated that he was present two weeks ago when it was continued and he understood that those present could meet with staff to discuss this project and that was not done. He indicated that another resident would be cut off at about the half-way point who doesn't have a swimming pool, but does have the same amount of ground. He requested that the residents be allowed to meet with staff i before approval was given and noted that his concerns had to do with 10 or 20 foot setbacks and landscaping. Mr. Rylee agreed to a continuance and stated that he would like to meet with staff and the residents. f . Acting Chairperson Whitlock closed the public testimony and asked for commission convents. 2 .n1i NaNUTES PALM DESERT PLArII1IIW-7 CCTJELSSION JUNE 20, 1989 r `.. Camtissioner Dawns stated that he would be in favor of a continuance of two weeks. Acting Chairperson Whitlock reopened the public hearing and asked for a motion. Action: Moved by Commissioner Downs, seconded by Cam►issioner Jonathan, continuing CUP 89-3 to July 5, 1989. Carried 3-0. Mr. Diaz requested Mr. Zundel's phone number. Mr. Zundel indicated that he would contact his neighbors when the meeting was set. C. Contirnxed Case Nos. C/Z 89-6 arxd PP 89-6 Amendment 2 - DAVE MV40OKLAN, Applicant Request for approval of a partial two"--story, j 35,075 square foot office complex, change of zone from R-1 and R-3 to O.P. and negative declaration of environmental impact, located north of Alessandro between San Pascual and San Juan. Mr. Joy reviewed the background and salient points of the staff report. He noted that staff was concerned for the two story structure's location to single family residences, but with a proposed setback of a minimum 100 feet, staff could recommend approval. � Acting Chairperson Whitlock opened the public testimony and asked the applicant to address the camussion. MR. DAVE MANOOKIAN noted that there would be access onto Alessandro and emergency access provided onto San Juan. He felt consideration had been given for the neighborhood concerns and t indicated that he had to have the two 2 story structure at the southeast corner for the project to make sense. He also stated that landscaping would be 28% coverage. Acting Chairperson Whitlock asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposal. There being no one, the public testimony was closed. Commissioner Downs felt the applicant did what was requested and was in favor of the project. 3 NEW MINL)TES PALM DESERT PLANNIM COMMISSION IISSION J[NE 20, 1989 S Cannissioner Jonathan asked if the neighbors had seen the revisions. E Mr. Manoodsian responded that post cards had been given to the neighbors--only one came to their office to review the plans and was in favor, and two letters were received in favor of the project. Action: Moved by Commissioner Downs, seconded by Co mnissioner Jonathan, approving the findings as presented by staff. Carried 3-0. Moved by Commissioner Downs, seconded by Commissioner Jonathan, adopting Planning Commission Resolution No. 1356, recommending approval of PP 89-6 Amendment 2 and C/Z 89-6 to city council. Carried 3-0. D. Case Nos. PP 89-11, VAR 89-3, PM 24630 - DAVID AND MARY STOLZZMAN, Applicants Request for approval of a precise plan, parcel map and height variance to permit a 47,340 square foot medical complex on 4.08 acres on the east side of Portola Avenue, 700 feet north of Country Club Drive. Mr. Drell outlined the salient points of the staff report and stated that the project met the 25% floor area ratio. He noted that the project would be developed in three phases and all perimeter landscaping and two access points would be completed in phase 1. Staff recommended approval. t Acting Chairperson Whitlock opened the public testimony and asked if the applicant wished to address the commission. MS. MARY STOLTZMAN, 74-055 Highway 111 in Palm Desert, spoke in agreement to the conditions of approval and indicated the architect and engineer were present to answer questions. Acting Chairperson Whitlock asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposal. MRS. PAMELA SMALLWOOD, 71-111 La Paz Road in Rancho Mirage, f stated that she was in favor of the project. She indicated that she was the property owner to the south and requested that the maximum setbacks allowable be placed between her approved project and that of the Stoltzman's and still accommodate a 4 f MINUTES PALM DESERT PLANNING COTMIISSICN JUNE 20, 1989 a %NW parking requirements. She felt that the distance between the buildings would enhance both properties and the area. Mrs. Stoltzman informed commission that the setback would be 15 feet. Acting Chairperson Whitlock closed the public testimony. Action: Moved by Commissioner Downs, seconded by Cbm missioner Jonathan, approving the findings as presented by staff. Carried 3-0. Moved by Commissioner Downs, seconded by Commissioner Jonathan, adopting Planning Commission Resolution No. 1357, recommending approval of PP 89-11, VAR 89-3 and PM 24630 to city council, subject to conditions. Carried 3-0. E. Case Nos. GPA 89-4, C/Z 89-9, PP 89-9 - DEBCNM, Applicant f Request for approval of a general plan amendment, f change of zone, precise plan of design and negative declaration of environmental impact for a mixed use office/restaurant project consisting of 114,800 square feet of offices and an 11,000 square foot restaurant on an 11.3 acre site located on the north side of Highway 111 at the east city limit. Mr. Diaz outlined the salient points of the staff report and indicated that the applicant would have to choose between general office and medical uses due to the difference in the required parking. He added the conditions that the entire project must meet the parking requirements and if developed in a phase basis, each s phase must stand alone. Mr. Diaz stated that a letter from Indian f Wells had been received expressing concern with the drainage; the z public works director had informed Mr. Diaz that the drainage would be resolved. Mr. Diaz also noted that a condition #27 would be added to public works that the applicant shall provide for the construction of a storm drain system capable of transporting stormwaters from the project boundary northerly to Fred Waring Drive; satisfactory easements necessary to the installation of subject system shall be secured by the applicant and costs associated with the construction of subject storm drain system shall be subject to reimbursement in the form of a zero interest reimbursement agreement between the applicant and the city. Another concern was that the project would 5 NIINL)TES PALM DESERT PLANNIM COMMISSION JUNE 20, 1989 i be the eastern entry to the city and the city would like an identified area for a city entry sign in the front of the project and staff would recommend to the Civic Arts Committee that the Art in Public Places fee be waived in lieu of securing that site, which should be added as a condition. Mr. Diaz stated that the proposal would go to council and recommended approval subject to the conditions as amended. Acting Chairperson Whitlock opened the public testinxxV and asked the applicant to address the ccmnission. MR. ROBERT H. RICCIARDI, 45-275 Prickly Pear Lane in Palm Desert, spoke in agreement with staff and had no objections to the added conditions. He noted that a car count had been completed with a result of 544 and felt this would not present a problem. Mr. Ricciardi indicated that a condition for tie-in to Embassy Suites would be agreeable to them, but noted that when Embassy Suites was developed, they were not required to grant reciprocal access and he did not want this project penalized if the agreenient could not be obtained. Mr. Ricciardi felt that the drainage could be completed to everyone's satisfaction. 1 Acting Chairperson Whitlock expressed concern for the restaurant use, noting that the restaurant across the street did not do well. Mr. Ricciardi stated that while they did not have a restaurant operator at this time, they were confident that with good management the restaurant would prosper. He also noted that the building would be developed in phases over a four to five year period. Commissioner Jonathan questioned the use of only one access point onto Highway 111. Mr. Ricciardi noted that there might be one through Embassy Suites and possibly an access to Deep Canyon when the corner property was developed. Staff noted that there might be a requirement for emergency access on Highway 111, but Caltrans would decide ingress and egress and staff did not feel there would be a safety problem with traffic backing up on Highway 111 with cars looking for parking. Acting Chairperson Whitlock asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposal. MR. PHIL BOSTLEY, 44-725 Monaco Circle in Hidden Palms, expressed concern for noise: from 60 cycle transformer hum, air conditions, and garbage collected at 5:30 a.m. heard from 200 yards away--he asked that counission consider a restriction; roadway noise at the end of the development at the back wall x { 6 MINUTES PALM DESERT PLAMING CCNNiISSICN JUNE 20, 1989 I ■•► adjacent to Hidden Palms. He also indicated that he would like some consideration to the preservation of two or three maws of palm trees be left along the Hidden Palms wall. Landscaping adjacent to the wall with residents only 10 to 15 feet away when sitting in their patios. He stated that no one ever contacted j them to tell them what was being proposed. Mr. Bostley also questioned the drainage being diverted to Feed Waring--how would it go across their property. He also felt that a tie-in to Emmbassy Suites would increase traffic down the entire Hidden Palms wall and asked that to be carefully reviewed. He also noted that if access to Deep Canyon through the corner development was obtained, that would add more traffic next to their development. Commissioner Downs asked Mr. Bostley if he represented the homeowners association. Mr. Bostley stated that he was a board member, but that other members were present. MR. VICTOR HASSLER, 44-179 Alba Court in Hidden Palms, concurred with the comments of Mr. Bostley and felt that the board should have an opportunity to meeting with the applicant prior to project approval. MS. GLEN CARTER, 44-379 Canne Court, requested and received VAW information on ownership of a piece of property behind Embassy Suites. Mr. Ricciardi stated that he had no problem with a continuance to meet with the Hidden Palms Board of Directors. Mr. Diaz stated that staff would be available to meet if they were needed. Action: Moved by Commissioner Downs, seconded by Commissioner Jonathan, continuing CPA 89-4, C/Z 89-9, PP 89-9 to July 18, 1989. Carried 3- 0. A TEN MINUTE RECESS WAS CALLED AT THIS POINT. THE TIME WAS 8:10 P.M. Acting Chairperson Whitlock reconvened the meeting and informed the audience that a conflict of interest be a commission member was expressed for Item I, which meant that the matter would be continued to July 5, 1989 due to a lack of a quorum. 7 `r► MINUTES PALM DESERT PLAPIIdUU LICK IISSICN JUTE 20, 1989 F. Case No. PP 89-12 - GEORGE MEISCIVAS, Applicant Request for approval of a negative declaration of envirorr ental impact and a precise plan of design for a 17,000 square foot commercial building located on the north side of Highway 111 midway between Portola Avenue and San Luis Rey Avenue. Mr. Drell informed commission that the matter had been to the architectural camiission twice; it was continued and then denied. He stated that the plan before the commission had not been seen by the architectural ocnmission and was submitted after the writing of the staff report. He reviewed the salient points of the proposal and indicated that feedback was needed for the applicant on the site plan and elevations and should be directed back to architectural com-nission for review. If commission felt the site plan was acceptable, staff should be directed to prepare a resolution of approval. Ccnrdssioner Jonathan asked who would be affected by the back of the building; Mr. Drell indicated there was a parking lot and a vacant lot to the rear. Mr. Drell informed commission that office projects on Alessandro were being encouraged to develop fronts on the rear of the buildings. Acting Chairperson Whitlock o ered the public testimony and asked the applicant to address the ccamiission. MR. GEORGE METSOVAS stated that he had been building in California since 1973 and stated that he retains ownership of the buildings he develops. He informed commission that he would not be cutting corners and that the proposed building was the most common commercial buildings seen in Orange County (he presented pictures of score buildings). He felt that the parking in front was appropriate and stated that parking in the rear presented a crime problem and with windows in the rear it would promote theft. Acting Chairperson Whitlock asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposal. MR. CHARLES FOLGER, owner of the Biltmore to the west, spoke in favor and felt it would enhance the area. He expressed concern that for adequate drainage due to past flooding problems and 8 NII1V[IPES PALM DESERT PLAITING COM IISSICN JUNE 20, 1989 r.n requested that the driveway be closed at night to eliminate late night traffic noise that would disturb the guests. Mr. Metsovas informed ccnudssion that the drainage had been worked out by public works and water would be directed to San Luis Rey. Acting Chairperson Whitlock closed the public testimony. Acting Chairperson Whitlock stated that this was one of the last major Highway 111 lots in Palm Desert and noted that it was not customary for the planning carmission to approve a project that had not been through the architectural review cannission process and due to the crucial location of the lot, they would need to review the plan prior to planning ccnmission's decision. Mr. Metsovas stated that he had problems working with the architectural ccannission and asked for further direction. Acting Chairperson Whitlock stated that she was not in favor of a parking lot with a row of building backing up to Alessandro and would rather see the building broken up, possibly perpendicular as opposed to parallel to the street. Mr. Metsovas stated that designing a 142 foot lot space which was `.r very narrow was difficult, but he would provide lots of landscaping. Commissioner Jonathan concurred with Acting Chairperson Whitlock's opinion and felt that the courtyard setting and a split parking, score in front and sane on the side, would be favorable. He also felt the architectural review cc mtission review was needed prior to planning camdssion approval. Mr. Metsovas indicated that he would be on vacation starting July 5, 1989 and after discussion requested a June 27 architectural review ccnrdssion date and an August 15, 1989 planning ccm fission hearing. Action: Moved by Commissioner Downs, seconded by Commissioner Jonathan, continuing PP 89-12 to August 15, 1989. Carried 3-0. G. Case No. TT 24603 - USA PROPERTIES, Applicant Request for approval of a 36 lot single family home subdivision and negative declaration of 9 MINUTES PALM DESERT PIANNIM 0Ct-MSS1(JN JUNE 20, 1989 environmental impact, located on the south side of Hovley Lane, 330 feet east of Monterey Avenue. Mr. Joy outlined the salient points of the staff report. He indicated that the applicant was reserving his right to protest the drainage fees since he would be dedicating one of the subdivision lots for the retention basin. Staff recooTended approval. Acting Chairperson Whitlock asked if there was a problem with the maintenance of the greenbelts fronting Hovley, or if it would be maintained by the corner property owner. Mr. Joy replied that in previous subdivisions the greenbelt along Hovley would be maintained by assessment district and because of the retention basin there would have to be an association formed to retain that basin. He did not know if it would be an association, assessment district, or ultimately the corner homeowner. Commissioner Jonathan felt that Hovley Street with cul-de-sacs running perpendicular looked "blase" and asked if staff had considered circulating a single cul-de-sac/street to allow a break up similar to Sagewood. Mr. Joy responded that with only two 5 acre lots, the only thing that could be done would be to bring a loop around and connect the two cul-de-sacs together. Acting Chairperson Whitlock opened the public testimony and asked if the applicant wished to address the comission. MR. STEVE GALL, USA Properties, stated that he had reviewed the staff report and conditions and concurred with them. He indicated that he was sensitive to Commissioner Jonathan's comments, but stated that they were limited with the two parcels. Commissioner Downs stated that the assessment district that was discussed was not included in the conditions of approval and he would be adding it. Mr. Gall stated that they were hoping to acccmplish getting the retention basin and the median strip in an assessment district, but apparently public works did not want it that way and they were resigned to doing it their way. He felt it made more sense to have them both in a homeowners association. Commissioner Downs asked if that could be a condition. Mr. Diaz stated that it would be a planning commission condition; Mr. Holtz stated that public works would appeal the inclusion of the retention basin maintenance in the Landscaping and Lighting Assessment District. Mr. Holtz indicated that some of those are 10 NIINWES PALM Der PLArNIM OONMISSION JUKE 20, 1989 i turned over to the city after a certain time period to city for maintenance and a retention basin had never been included for that maintenance and they wanted to avoid setting a precedent; he felt a E. honXxiners association should maintain the retention basin. Mr. Diaz noted that an assessment district would already be established for the landscaping and if an association were formed and they decided not to maintain it anymore, there would be a problem. He suggested both, setting up a ghost assessment district that could be activated. Mr. Holtz stated that it would have to go back to the director of public works to review to include the retention basin in the landscaping and lighting district; if the homeowners association were to take over the maintenance of it, there would be no problem, as long as the city did not end up with the retention basin maintenance. Mr. Joy noted that there was a condition under public works no. B. Commissioner Downs felt that it was unclear as to who would be providing for the condition. Mr. Joy indicated it would be provided by the homeowners association and if no association was formed for this property it would be annexed into the existing lighting and landscaping district. Mr. Gall noted that condition no. 19 covered the retention basin. Mr. Diaz stated that a planning commission edition would be added stating, "That the public areas along Havley and the retention basin shall be maintained by assessment district as established under the 1972 Lighting and Landscaping Maintenance Act." i Acting Chaixpe n Whitlock asked if anyone present wished to speak � i in FAVOR or OPPOSITION to the proposal. There being no, the public testimony was closed. Action: Moved by Commissioner Downs, seconded by Commissioner Jonathan, approving the findings as presented by staff. Carried 3-0. Moved by Commissioner Downs, seconded by Commissioner Jonathan, adopting Planning Camnissicn Resolution No. 1358, approving TT 24603, subject to conditions as amended. Carried 3-0. H. Case No. TT 24773 - USA PROPERTIES, Applicant Request for approval of a 36 single family home subdivision and negative declaration of environmental impact, located on the south side of Hovley Lane, 2000 feet west of Portola Avenue. 11 ow MINLA'FS PRIM DESERT PLANNDG COMMISSION J[NE 20, 1989 f Mr. Joy stated that this subdivision was similar to the previous case and staff reconnended approval of this project and added the planning eannissien condition as stated earlier. Acting Chairperson Whitlock opened the public testimony and asked if the applicant wished to address the conudssien. Mr. Gall concurred with the conditions and was present for any questions. Acting Chairperson Whitlock asked if anyone present wished to speak in FAVUR y" or OPPOSITION to the proposal. MR. DANIEL BARNES, 41-613 Aventine Court in Casablanca at Havley and Portola; he asked for and received clarification regarding one/two story units and size. He expressed concern regarding traffic being generated by all the projects being approved and the dangerous situation being created and felt there was a need for a traffic signal. i Mr. Diaz informed Mr. Barnes that traffic signals were installed when warrants were met for those traffic signals. He stated that developers were paying fees for traffic signals and they would be installed at the appropriate time. Mr. Barnes asked who installed the traffic signal at Clancy Lane. Mr. Diaz replied that it was Rancho Mirage, Palm Desert and haneowners of Monterey Country Club. +� . Acting Chairperson Whitlock closed the public testimony. i C mm-Lissicner Downs stated that he wanted to make sure the condition for the maintenance district was added. Mr. Diaz stated that the method that this could be accanplished would be through annexation into the existing assessment district that is already there by the property owner agreeing to annex to that district and have a separate assessment to cover their cost. Mr. Gall concurred. f Action: Moved by Commissioner Downs, seconded by Ccomissioner Jonathan, approving the findings as presented by staff. Carried 3-0. Moved by Commissioner Downs, seconded by Commissioner Jonathan, adapting Planning Connission Resolution No. 1359, approving TT 24773, subject to conditions as amended. Carried 3-0. - 12 MINLnEs PALM DESERT PLANNING C 4IISSION JUNE 20, 1989 r.r I. Case Nos. PP 89-13 and VAR 89-2 - 0. MICHAEL H"E, Applicant Request for approval of a negative declaration of environmental impact, a precise plan and setback variance for a 2650 square foot single story office building on a 7280 square foot lot on the east side of Monterey Avenue, 400 feet south of Fred Waring Drive. Action: Due to a conflict of interest, it was determined that there was no quorum for this item and it was automatically, continued to the meeting of July 5, 1989. IX. MISCE1..LLANE US A. Case No. C/Z 89-5 - DONN AND JOANN THIELMAN, Applicants Presentation of the resolution denying a request for approval of a change of zone from R-1 (single fandl.y) to R-3 (8,000) (1 residential unit per 8, 000 square feet) to facilitate a future aw conditional use permit application to locate a caianercial parking lot at the northwest corner of Garden Square and Larrea Street. Action: Moved by Commissioner Downs, seconded by Commissioner Jonathan, approving the findings as presented by staff. Carried 3-0. Moved by Commissioner Downs, seconded by Cannissioner Jonathan, adopting Planning Ccnv fission Resolution No. 1360, denying C/Z 89-5. Carried 3-0. X. ORAL CICH4INICATIONS None. XI. C FMENM None. 13 Um MINUTES PALM DESERT PLANNING COMMISSION JUNE 20, 1989 , t XII. ADJOURNMENT Moved by Commissioner Downs, seconded by Cnrlissioner Jonathan, adjourning the meeting. Carried 3-0. The meeting was a 'ourned at 9:08 P.M. RAMON A. DIAZ, SecAet ATTEST: CAROL WHITLOCK, Acting Chairperson /tm 1 14