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HomeMy WebLinkAbout1003 MINUTES PALM DESERT PLANNIM CCM4IISSICN MEETIM U ESDAY - OCTCBER 3, 1989 7:00 P.M. - CIVIC CENTER AIL CHAMBER 73-510 FRED WARIIG DRIVE I. CALL TO ORDER Chairperson Whitlock called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE Camiissicner Erwood led in the pledge of allegiance. III. ROLL CALL Members Present: Carol Whitlock, Chairperson Bob Downs Rick EruK)od Sabby Jonathan Jim Richards Members Absent: Nome Staff Present: Phil Drell Kandy Allen Gregg Holtz Steve Smith �... Catherine Sass Tonya Monroe IV. APPROVAL OF MINUTES: No minutes were submitted for approval. V. SUMMARY OF COUNCIL IL ACTION Mr. Drell summarized council action from the September 28, 1989 meeting. VI. CONSENT CALENDAR A. Case Nos. GPA 88-1, C/Z 88-4, PP 88-9, PM 23770 - MWIWATE FIWN AL, Applicant Request for approval of a one year time extension for precise plan and parcel map for a 24,000 square foot medical office building at the southeast corner of Fred Waring Drive and San Pablo Avenue. am NIIN(TIES PAIM DESERT PLANNIM QNNIISSION OCPCBER 3, 1989 400 Action: Moved by Commissioner Erwood, seconded by Commissioner Downs, approving the consent calendar by minute motion. Carried 5-0. VII. PUBLIC HEARINGS A. Contisn ed Case No. C/Z 89-11 - CITY OF PALM DESERT, Applicant Request for approval of a change of zone from R-2 Single Family Residential District (R-2 (7)) to Office Professional on the south side of Fred Waring Drive, between Monterey Avenue and San Anselmo Avenue, including amendment to the Palma Village Specific Plan. Ms. Sass explained that the matter had been continued to allow readvertisement with notice of Palma Village Specific Plan amendment and summarized salient points of the staff report. Chairperson Whitlock opened the public testimony and asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposal. MS. NANCY HORNBAKER, representing Mike Fedderly, stated that �► they had property across from the Cultural Center and were in favor of the change of zone and felt it would be in keeping with what the canrnunity desires. CHRIS MILLS, 121 S. Palm Canyon in Palm Springs, informed camussion that he was the architect for the Lehv's who own lots 15 and 16. He indicated that they would be applying for an office building for their site, but were holding back for the results of the change of zone. They were in favor of a change of zone and felt that it would benefit all property owners. Property owner of lot 54, 73-280 Santa Rosa, addressed the camLission and felt that it would be better for the whole city and Santa Rosa to have the zoning all down the street and didn't want anyone looking into her backyard. HURB KLINE, 73-280 Santa Rosa, reminded oommission that an office building had been recently approved behind his property and asked if the change of zone was going as far as Santa Rosa. He felt the office use should be for the three lots deep and include the whole street. Ms. Sass replied that the change of zone would be for only one lot deep off Fred Waring, not Santa 2 old MINUTES PALM DESERT PLANNIM cS.SION OCICBER 3, 1989 Rosa; the intent was to preserve Santa Rosa as single family residential. MS. DIANE FITZAURUS, representing her mother Ms. Vera Ives of 73-163 Santa Rosa on the south side. She stated that she was in favor of a change of zone for property facing Fred Waring Drive. Chairperson Whitlock closed the public testimony and asked for comments from the commission. Commissioner Richards noted that the original intent of the plan was to protect adjacent residents with a green belt and parking lot. He informed commission that his concern was two story next to one story. He felt that the character of Monterey Avenue (which had been changed to office professional zoning) was different from Fred Waring and needed study, though he noted that previous testimony had been that some people want office development to block noise from Fred Waring, the Cultural Center and the college. Commissioner Downs concurred with Commissioner Richards. Commissioner Jonathan stated that he understood Commissioner Richards' concerns, but felt that most of the effected residents' comments were in favor of developing the vacant lots. He felt that low mitigation measures would address the concerns voiced. Commissioner Erwood concurred with Commissioner Jonathan. He indicated that his original opinion was similar to Commissioner Richards with respect to two story, but after hearing testimony and the results of the staff survey, he had changed his mind. He felt that not allowing windows next to residential hones, setbacks, and other measures could be utilized effectively in this location. Chairperson Whitlock concurred with Commissioners Jonathan and Erwood. Commissioner Jonathan stated that he would like to extend the study to include San Anselmmo to San Pablo. Staff indicated that the commission should direct staff to proceed with the study by minute motion. Action: Moved by Commissioner Downs, seconded by Commissioner Erwood, approving the findings as presented by staff. Carried 4-1 (Commissioner Richards voted no). Moved by Commissioner Downs, seconded by Commissioner Erwood, adopting Planning Commission Resolution No. 1384, recommending to 3 %NW NIINLnES PALM DESERT PLANNING OCMHISSIC N OCIIIBER 3, 1989 r city council approval of C/Z 89-11. Carried 4-1 (Commissioner Richards voted no). Moved by Commissioner Downs, seconded by Commissioner Erwood, adapting Planning Ccamissicn Resolution No. 1385, recommending to city council approval of Amendment No. 1 to the Palma Village Specific Plan. Carried 4-1 (Comussioner Richards voted no). Moved by Commissioner Downs, seconded by Commissioner Erwood, instructing staff to proceed with further study of zoning from San Anselmo to San Pablo. Carried 5-0. B. Case No. TT 25102 - QWM DEVU"M Wr OQWANY, Applicant Request for approval of a tentative tract map subdividing 20 acres into 68 single family dwelling lots on the east side of Deep Canyon Road, 1325 feet north of Fred Waring Drive. Mr. Smith outlined the salient points of the staff report. He informed commission that they had just been informed that the city's bikeway system might be located on an area of the map, and indicated that community development condition no. 9 should be amended to read that, "A six foot high perimeter wall be installed around the perimeter of the site in a material and location to be determined by the architectural review emission, except in the area between lot E and the Whitewater Storm Channel where it would not be required. Said wall to match with wall to be required on TT 24287." He stated that the Coachella Valley Water District had confirmed that information. He also indicated that condition no. 12 would be added as follows, "Perimeter wall shall maintain a five foot setback from the Whitewater Bikepath. If bikeway reconstruction is necessary, the area between the subdivision and edge of the Whitewater Channel shall not be less than 30 feet. Easements and/or outright dedication shall be provided to create the bikepath right-of-way." He stated that they did not know for a fact that the bikepath was on the property, and if it is not, the conditions would be mite. Staff reconmended approval of the map with the conditions as amended. Upon questioning by commission, staff indicated that the applicant had not been previously made aware of the new conditions, and that there would be a perimeter wall across the northerly sections of lots 62-68 and would maintain a five foot setback from the bikepath. Commissioner Jonathan asked for and received clarification on the definition of half-street. 4 NLOkTIES PALM DESERT PLANNIM CCM ISSICN OCPOBER 3, 1989 u.. Chairperson Whitlock opened the public testimony and asked if the applicant wished to address the commission. MR. RICH CIARK, ASL Consulting Engineers at 960 E. Tahqui tz in Palm Springs. He stated that they reviewed the conditions and had no exceptions. He stated that the bikeway did not encroach into the property and he would review his report with staff, but they had no problem with the added bikepath conditions. Chairperson Whitlock asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal. MR. BILL ENDS, 43-081 Silktree Lane, stated that he wished to alert the planning commission of an existing dangerous situation of traffic on Deep Canyon and Magnesia Falls to which the project would be adding. He stated that people round an unsignaled, unsigned 90 degree turn to the left and progress at 50-60 mph and cross a bikepath before caning to Rutledge and pass the school playground and city park. He stated this created a dangerous traffic condition and noise for nearby property owners and was in violation of the city's general plan. He took a traffic count and estimated that there were 2000 vehicle trips per day down that road and when they did the work on Fred Waring near Portola, all the traffic was deferred that way and alot of people felt that was a good way to travel and were still going that way and felt that the majority of the traffic going that way were not even residents of the adjacent track, but people cutting through Fred Waring over to Portola. He indicated that the designers of their subdivision probably never envisioned that Deep Canyon and Magnesia Falls would become such a major thoroughfare, and noted that originally Magnesia Falls did not connect to Deep Canyon and when it was, it dead-ended at Portola and served the adjacent track. He felt there was an excess of traffic. He stated that when the subdivision was set up the house he lives in that backs up to Magnesia Falls, because of the pad elevation the backyard wall from the street was six feet high, but from his backyard it was three and a half feet high and with the setbacks, he had school buses and trucks going by his house as close as 25 feet from where he sleeps and felt that he lived next to a freeway. He noted that the new project would add 1,000 cars per day on that road and would double the traffic on Deep Canyon and Magnesia Falls to 4,000 cars per day, which was totally unacceptable. He noted that Fred Waring was classified as a major thoroughfare, Deep Canyon was classified as a collector road, and Magnesia 5 .... M]2a)TES PALM DESERT PLANNIM CxM-IISSICN OCTO®ER 3, 1989 Falls was a scenic secondary. He read the definition of a collector street, which was a street of two lanes to provide access to and from one area of the community to an arterial or major thoroughfare; a secondary roadway was to collect and distribute fran major arterials to local streets or traffic destinations, which meant that Magnesia Falls was to distribute traffic from Portola to the local tracts. He felt that mitigating measures were needed and suggested dead-ending Magnesia Falls at Deep Canyon to prevent people from cutting through; no access would be denied to anyone and that would reduce the traffic and benefit everyone. He suggested other mitigating measures as reducing car speed by signing and stoplights at the intersections and would decrease the attractiveness of people cutting through and would be less of a danger to school children. He requested that planning commission delay approval until staff further investigated the traffic issue. He asked the commission to help the residents to return Deep Canyon and Magnesia Falls back into "goat path" they were originally designed to be. Commissioner Jonathan felt that dead-ending Magnesia Falls was not a solution, because the traffic would not be reduced, it would just be som ewhere mewhere else. Mr. Enus noted that was an issue, but he stated that his problem was the routing of that traffic and you put �r1 the traffic where it's meant to be, which was in major thoroughfares such as Portola and Fred Waring as they were designed to handle the capacity of traffic. He indicated that after the improvements there would be a four lane road dawn Deep Canyon and four lanes down Magnesia Falls and the hair-pin turn where there was not enough room to expand the right-of-way and the intersection would be worsened. Camiissioner Jonathan asked if Mr. Emus felt the widening of the road and three-way intersection would slow up the traffic instead of making the intersection worse. Mr. Enus stated that he did not think so and felt more people would use it to cut through because it would be four lanes, noting the problem now with only a scenic two lane road. MR. JIM PAYNE, 43-240 Silktree, backing up to Deep Canyon, concurred with Mr. Enus as to speed and amount of traffic on Deepn Canyon. He stated he was concerned that the speed limit was set at 40 mph and people generally drive 50-55 mph and higher dawn that road. He felt that ingress and egress into the new subdivision should be taken into consideration when the southern portion of the date grove was developed, for traffic onto Fred Waring versus putting the traffic onto Deep Canyon and Magnesia Falls. He urged commission and staff to look at the 6 r1 NL�I�'S PALM DESERT PLANNIM Ca4USSION OCIU3ER 3, 1989 r.. traffic problems on Deep Canyon and Magnesia Falls because the school children use those roads. He also asked commission to consider having some of the date palm trees remain; also, since the high school put up the lights at the football stadium, they would shine right in the backyards into the bedroom wkxkk ws and felt that if some oonsideraticn was given to not removing all the trees, that might prevent some of the bright lights shining through. He stated that he also had a concern for rodents inhabiting the date orchard and where they would go when the trees were removed. Commissioner Erwood noted that staff had a condition of approval that pests would have to be exterminated by a licensed agricultural pest control firm; and condition #7 requires a minimum of two broad-leaf trees installed on each lot. Commissioner Jonathan also noted that the city was creating a date palm preserve to which the developer would contribute. MS. HELLEN DOWNING, stated that she lives at the end of Balsam and her house backs onto Magnesia Falls. She stated that she moved into the house in January of 1989 and noticed a marked incerease of traffic since then, especially truck traffic carving onto Magnesia Falls and across Deep Canyon. She indicated that she understood the city tried to alleviate one problem in the r.. past, which was anytime a truck or school bus used the road, their houses would shake because of a bump in the road; she indicated that neighbors had told her the city had been out several times trying to alleviate that problem. She indicated that if truck traffic were to be banned, that would alleviate the problems, and inexpensively. She was concerned about the speed of traffic and the noise, and indicated that school children use that area; new apartments on Magnesia Falls increased the traffic, but more than anything when people on Portola see four lames it would create an open speedway unless stop signs and elimination of bus and truck traffic was required to help. She felt that dead-ending Magnesia Falls would eliminate some problems, but would create others. She felt that traffic needed to be slowed dawn and lame traffic eliminated. Mr. Clark stated that they were required to provide a signing and striping plan for street improvements, so those were things they would review. As to concerns for children crossing the streets, they were required to put a bikepath along Deep Canyon; in addition the developer would have a bikepath within the development to connect to the bikepath at Whitewater. He informed commission that they were very interested in improving the area. 7 M gUTES PALM DESERT PLANNING COM IISSICN OC IOBIIt 3, 1989 woo Chairperson Whitlock closed the public hearing and asked for ocamission comments. Commissioner Richards stated that he was persuaded by the opposing testimony. He indicated this site had been looked at many times and felt that in this case the city was making a mistake, and he did not like the circulation plan and the city should either bring Magnesia all the way through to go across the center of the valley or do something else. He felt the whole section of land should be master planned. He indicated that he would like to see a new circulation study done. He felt the matter should be postponed, which would help all the owners of the properties. He asked public works to explain the problems that currently exist and respond to people. Mr. Gregg Holtz stated that what was there was existing street right- of-way pointed out on the current traffic circulation plan that was an accepted document of the city. The developers were required to improve those streets to the gecmetrics required by the current circulation network plan. Any modifications to those gecmetrics would take a general plan amendment. Staff would study traffic situations out there; on the north side of Magnesia Falls they did not have appropriate right-of-way to accommodate any additional widening of Magnesia Falls, that belongs to CVWD. Mr. Holtz indicated that would involve money, whether or not CVWD would give that up for street purposes, and the slope of the Whitewater Channel was a big issue and money involving extensive improvements for retaining walls and full protection and various measures to protect CVWD drainage facilities. Mr. Holtz informed oamtission that the intersection was signed, advance warning signs are out, speed limit signs were out, dead-end signs were out, T intersection signs were out, and almost all signing that could be incorporated out there was there, without confusing the public, was in place. The widening of Deep Canyon, the city would not take two lanes of traffic northbound on Deep Canyon and try to funnel them into one lane westbound on Magnesia Falls. He felt that one lane would be designated as right- turn only and one for left-turn only at the intersection. Commissioner Richards wanted to consider the whole 70 acres. He felt that if the city took a lead in deciding where the streets should go and how they inter-connect, the concerns could be mitigated. He felt that four lanes going into one would not work, and while he was not sure what he wanted could be accomplished, he wanted the matter studied prior to approving any portion of this land. CamLissioner Richards asked about the zoning of the 70 acres; Mr. Smith replied that the northerly half was zoned PR-5 with a natural overlay (that 8 14 NUPFS PAIM DESERT PLANNIM C04IISSIC N OCPOBER 3, 1989 r.. the citycouncil had deemed expexndible) and the southerly 40 acres were zoned open space. Commissioner Richards felt that the 70 acres should be master planned for circulation to mitigate the problems of the people with homes already backing onto Deep Canyon. He suggested the vacating of Deep Canyon itself, taking into consideration Buttonwood caning in and people needing access to the church; dead- ending at the end of the church and bringing in a circulation pattern around the other side coming from the west to the east. He also felt that all problems and costs should be studied to extend Magnesia Falls to Cook or at least to the high school. He was in favor of the city carting in with a proposal erx)cnpassing the 70 acres, change the zone, and put in a recommended circulation pattern that would attempt to resolve some of the problems of the west side of Deep Canyon neighbors. Possibly putting in another entrance way off Fred Waring, moving Deep Canyon and bringing a road to the end of the church and into the development. He felt a continuance was appropriate and asked staff how long they felt was needed. Mr. Holtz stated that he could not put a time specific on how long all the studies and proposals would take. Commissioner Richards clarified that the proposal most important was the circulation map of the 70 acres that would not include anything with Magnesia Falls, but first take care of the 70 acres with nothing else but a circulation plan include something coming in on Deep Canyon, swinging to the east and circulting the 70 acres without taking Deep Canyon all the way to Magnesia Falls; if nothing else, tell the commission why the road should continue the way it was now. Mr. Drell stated that he did not believe there was any testimony on problems with the internal circulation of the project, but the circulation can Deep Canyon. Cotmissioner Richards stated that if 69 more hones were added, it was a problem. Mr. Drell felt that the problem was when the traffic left the project and the proposed exits and traffic into the project should be considered and did not feel there was a purpose in staff designing a tract map for the 70 acres. Mr. Drell felt the problems of speed, noise and traffic at the corner were the specific issues that needed to be addressed. Commissioner Richards agreed with the comments and clarified that the purpose he was looking for was he did not think stop signs, berms, etc., would change the factor and that as long as there were very few entrances and exits along Deep Canyon going to the north, people would use that connection to Magnesia Falls. He stated that the time to make a change was when a developer was about to develop one of the properties and this developer was ready to proceed along the east side at that corner and should address possible ways to treat problems today, not with what would happen, and noted that the 9 DU24 TICS PALM DESERT PLANNING COMMISSION OCIIOBE R 3, 1989 children from this new development would need to be bussed to the schools and he felt the problem should be addressed right now. Ccnmissicner Jonathan stated that he liked the development and felt it was right for the area, but there was a traffic situation that needed to be dealt with and if the ultimate disposition was that the city says it should stay the same, fine, but he needed to be evinced. It needed to be reviewed. He felt that if ingress/egress were taken off Deep Canyon and put on Fred Waring, that would change the circulation within the 70 acres. He did not feel the two considerations were mutually exclusive and could not look at just one without considering the other. Mr. Drell stated that would not address the fundamental problem of people cutting through. Commissioner Jonathan indicated that one way of mitigating the cut- through from Deep Canyon to Magnesia was to sequester the 70 acres so that the major access was from Fred Waring and not Deep Canyon. Mr. Drell stated that traffic would have to be blocked somewhere to prevent cut-through traffic, which was already a problem. Commissioner Jonathan agreed there was a problem with existing traffic, and his suggestion did not eliminate the current problem, but would not add to it. Commissioner Jonathan concurred with Commission Richards and felt the matter should be continued to study the traffic situation. Commissioner Downs asked Mr. Holtz if there was a problem with putting stop signs up and down those streets, which would take away the bi-pass traffic. Mr. Holtz stated that traffic studies could be accomplished, which had to be done to warrant stop signs. Commissioner Downs felt the school buses would not use that route if stop signs were installed. Mr. Holtz stated that the study would take at least three weeks for collection of data and a report back as to whether a stop sign was warranted or not. Commissioner Dawns felt that at least one on Deep Canyon and one on Magnesia Falls was needed. Chairperson Whitlock also requested that the truck traffic be studied. Mr. Holtz indicated that truck traffic in relationship to total vehicle count could be dome, but would not be an item in a stop sign traffic study; he also indicated that Deep Canyon was not a designated truck route and enforcement issues needed to be considered and the bus traffic, if going to and from a location and going to the residential areas, they should be cited, because it is not a current truck route. He indicated that the sheriff's department could be asked to increase surveillence in that area. Commissioner Erwood concurred with previous comments. 10 M li= PALM DESERT PLANNIlU CC2 4ISSION OCPOBER 3, 1989 NNW Commissioner Richards asked for alternatives to the current problem of Deep Canyon and Magnesia Falls in terms of the kinds of traffic going there, problems at the corner, and the possible mitigating measures public works would recc me d. Also, he wanted to see a preliminary inquiry into the possibility, cost and problems with extending Magnesia Falls to scmewhere near to the high school or to Cook. He felt that the amount of traffic going specifically to the high school for school and activities that take place there in the evenings was a large part of the problem. Commissioner Richards stated that he would move for a one month continuance and wanted the developer to know that he was not currently opposed to his project. Mr. Holtz indicated that some of the issues that would cane up was that Deep Canyon was currently acting as half of a storm channel and the property could not be given ca[pletely back, but a drainage easement would have to be maintained, bounded on the east side by state-owned high school property, which the city has the right-of-way for that portion of Phyllis Jackson Drive and tying into that could be looked at and turning that into a signalized intersection. Chairperson Whitlock reopened the public testimony and asked if Mr. Clark wished to comment. C HARLENE, 72-747 Fred Waring Drive, representing the applicant, stated that they were full agreement with the neighbor residents and the cc mission that this should be a safe neighborhood. She felt that Deep Canyon was not looked upon as an active roadway, but more of an alleyway or a way to get around from Fred Waring to Portola. She indicated they were mitigated to give up approximately 40 feet on Deep Canyon and a bikepath to keep children off the street and going through to Phyllis Jackson would be fine, if that is what the city wants to do. She stated they were willing to work with the city and needed direction from staff. She felt the plan they developed was the best plan, as long as there was a stop sign along both roads. Mr. Smith suggested a six week continuance because if the prime option was something that required an amendment to the general plan, it could not be done in a four-week period, which would allow three weeks for staff review, and if it required an amendment to the general plan, everything could be before the camtission on November 21, 1989. 11 NalfT ESS PALM DESERT PLANNUG CCMMIISSION OCTCBIIt 3, 1989 Chairperson Whitlock asked if the applicant would have any objection to a six-week continuance. They indicated they had no problem. Mr. Drell stated that the commission would have to initiate the general plan amendment, not staff. He suggested it be brought back to the commission in the interim. After further discussion, commission determined the continuance should be for one month. Action: Moved by Commissioner Richards, seconded by Commissioner Erwood, continuing TT 25102 to November 7, 1989 to allow public works department to study the circulation plan. Carried 5-0. VIII. MISCELLANBOLIS A. Case No. PP 89-12 - GEDRGE MEPSOVAS, Applicant Resolution of denial of a negative declaration of environmental 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 noted a correction on the resolution and with that two correction, recommended adoption of the resolution. Action: Moved by Commissioner Downs, seconded by Commissioner Richards, approving the findings as presented by staff. Carried 5-0. Moved by Commissioner Downs, seconded by Commissioner Richards, adopting Planning Commission Resolution No. 1386, denying PP 89-12. Carried 5-0. B. Case No. CUP 89-6 - T.L.C. INC., Applicant Resolution of denial of a negative declaration of environmental impact and conditional use permit for an 11,255 square foot 164 capacity child care facility located on 1.19 acres within the R-2 S.O. zone at the southwest corner of Portola Avenue and Santa Rosa Way. Action: 12 M324 FS PALM DESERT PLANNIM CX244SSICN OCPCEFR 3, 1989 Now Moved by Commissioner Downs, seconded by Cannissioner Richards, approving the findings as presented by staff. Carried 5-0. Moved by Commissioner Downs, seconded by Cc missioner Richards, adopting Planning Ccomission Resolution No. 1387, denying CUP 89-6. Carried 5-0. IX. OPJkL 0CN14]NICATI0N5 None. X. COMMENTS Commissioner Downs stated that Mr. Diaz did a good job of representing the commission's position on the Ahmanson project to the city council. He also noted that Mr. Drell gave a good presentation. Commissioner Richards stated that he would like to see a study for a total change of zone for the 70 acres. He felt that the area was appropriate for single family. He indicated that he would like the commission to initiate a public hearing and change of zone. Action: Moved by Commissioner Richards, seconded Commissioner Downs, instructing staff by minute motion to initiate a study to change the zone for the 70 acres at Fred Waring and Deep Canyon. Carried 5-0. XI. Moved by Commissioner Downs, seconded by Commissioner Richards, adjourning the meeting. Carried 5-0. The meeting adjourned at 8:45 p.m. og RAMO A. DIAZ, Secriatapy ATTEST: CAROL WHITLOCK, Chairperson /tm 13 %NW