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HomeMy WebLinkAbout0206 �� PAII�i DFSF�T PI,�I�II�TIlVG QNr�SSIC�T N�PII� ZUFS�AY - � 6, 1990 7:00 P.M. - CIVIC (�TI�t OD[JN�IL Q�NB,IIt � 73-510 FRID W�IRIIVG DRIVE � � �c � �c �c * �c �t � �c * * * � �c * �c * �c * * * * �c * * I. CAI.L TO ORDII2 C�airperson Whitlock called the meeting to order at 7:02 p.m. II. PLIDGE OF ALL�7GIAI�KE 'I Canrussioner �wr�od led in the pledge of allegiance. III. ROLL CAI,L Me�nbers Present: Carol Whitlock, Chairperson Bob Daums Rick Er��od Sabby Jonathan . Jim Ri.chard.s • Members Absent: None Staff Present: Ray Diaz Kandy Allen ' : Gregg Holtz �... Phil Drell , Steve Smith Tonya Nbnr� IV. APPRORTAL OF NBMIPFS: Consideration of the January 2, 1990 meeting minutes. Action: Moved by Commissioner Richard,s, seconded by Catnussioner Erwood, approving the January 2, 1990 meeting minutes as sulxnitted. Carried 3-0-2 (Congnissioners Dawns and Jonathan abstained. ) V. �[aT�,RY OF aJ[�1C.IL AiGTI�T No summary was given. VI. OC�NSII�P C'AI�II�IDAR None. �r.r �� , PALM DFSIIZT PLANNING �T�SSI�i ' F�R[lAAY 6, 1990 VII. PL7HLIC HEARIN�S � A. Ccantirnied Case Nos. QJP 89-11 amd VAR 89-5 - B & B INSIIRA1vCE SERVIC'ES, Applicant Request for approval of a conditional use pernut to allaw conversion of a single family residence to an office use and approval of a parking variance fran four spaces to three spaces for the proposed office use. Mr. Smith outlined the salient points of the staff report. He rloted that the applicant indicated that they would be willing to demolish the southerly end of the buildirig to allaw creation of a driveway across the rear portion of the property to locate the parking, which would provide sufficient parking tp 01�minatA the variance request. He noted that the front yard landscaping would be retained as is , presently exists and staff reca�mended that cannission hear the applicant's request, then direct staff to prepare a resolution of appraval when an acceptable site plan is received. Chairperson Whitlock opened the public testimony and asked if the applicant wished to address the camtission. � NIR• CLRYTON BORDEAUX, applicant, stated that he checked into the cost of removing the garage and the utility roan behind the garage. He indicated that it would cost approximately $44,000, but felt it was a feasible plan and e,xpressed a willingness to do this. He stated there w�ould be a 21'10" driveway from the property line to the building site by rem�val of the garage. He in�3icated that if that was adequate, he would be willirig to rei�ve the garage and the utility roan; if it was not, he we�uld convert it back to a dwelling. He stated that he wr�uld be removing the pool and jacuzzi to provide the acceptable amount of parking to the rear with no parking in -the front. The landscaping would be improved in the front. C�issioner poums asked how many parking spaces that would give him and Mr. Bordeaux replied eight or ten, but he only needed four. Chairperson Whitlock asked if anyone wished to speak iri FAVOR or OPPOSITION to the proposal. There was no one and the public testimony was closed. After further discussion, commission moved for approval of the findings. 2 � NmV[�FS PAIM DFSERT F7�T.II� �NMISSI�i FF�RiJARY 6, 1990 i""" Action• Moved by Commissioner powns, seconded by Ca�tissioner Richards, approving the findings, subject to staff receivirig an acceptable site plan. Carried 4-1 (Catmissioner Jonathan voted ru�). . B. Cas� No. QTP 90-3 - K]"PP �, Applicant . Request for appraval of a conditional use permit to allaw a dance studio in 1605 square feet of ' cannercial space at 73-241 Highway 111. ', Mr. Drell outlined the salient points of the staff report and recamlended approvaL Chairperson Whitlock opened the public test�zy and asked if the applicant wished to address the cannission. MR. KIPP DURAN, applicant, 67-795 Madano Road, informed carmission there were 65 park.ing spaces in the back and 15 in the front. He requested that the conditions of apprrnral be amended to allaw a maximwn of 25 students after 7:00 p.m. � Mr. Drell stated that 25 was acceptable to staff. Chairperson Whitlock asked if anyone present wished to speak in FAVOR or OPPOSITION to the propasal. There being n�o one, the public testim�ny was closed. Action• Moved by Commissioner Jonathan, seconded by Catmissioner Dawr�.s, approving the firuliux�s as presented by staff. Cax-ried 5-0. Moved by Commissioner Jonathan, seconded by Camtissioner Dcx�ms, adopting Plaruzing Canrdssion Resolution No. 1420, approving GUP 90- 3, subject to conditions as amerided. Carried 5-0. C. C�se No. CUP 90-5 - SI�IDOW MJIINI'AIrT OOLF Q,UB, Applicant Request for appraval of a conditional use permit to allaw associated golf club manage�nent office use in a single family residence adjacent to the Shadaw Nbuntain Golf Club, 73-720 Iron�aood. 3 sr�.r NIIN[fI'ES PALM DFSERT FLANI�TIlVG QN1��SSI�1 F�R[�AARY 6, 1990 ':� � .rt � Mr. Drell outlined the salient points of the staff report and shawed a video of the property. He stated that with a level of two or three employees that it would appear a more residential use as it is and if the club wanted to use the facility to a greater extent, then staff would recanne�ld that it be physically integrated into the club, with the gate of the project being moved and the }�uildis�g becaning inside the club. He reviewed the letters fran the four other awners in the project and swrmarized the concerns and the conditions that would be required to mitigate those concerns. Chairperson Whitlock opened the public testimony and asked if the applicant wished to address the catmission. There was rx� response and Chairperson Whitlock asked if anyone present wished to speak in FAVOR or OPFOSITI�i to the proposal. I�'!R. NNtELL,VIN GORDON, 72-944 Joshua Tree, and n�ni�er of the board of directors of the Palm Desert Property Owners Association. He . informed commission that the Palm Desert Property Owners Association adopted a resolution that prohibits any residential ' property being used for catmercial purposes and felt this would be a bad precedent to set. He felt that Shadaw Nbuntain had sufficient acreage within their existing pro�ect to acoannodate this office use request. � Cam�issioner Richards askecl if a meeting was held by the Palm Desert Property Owners Association on this subject. Nh�. Gorcbn replied yes, it was held at 3:30 p.m. that day and the resolutian was appraved on a 7-0 vote with 10 men�rs present. Cannissioner Jonathan asked if the objection w�ould be el�minat�d if the proposal were integrated into the club. Mr. Gordon felt this would elimulate the objection. Mr. Drell clarified that this particular property was not within the Pa]m Desert Property Owners Association, but was part of the Shadow Mountain Manor Association. Mr. Gordon indicated that he did not mean to imply that it was part of the association, but adjoins the association boundary and was objectionable because of the proximity, MR. ROBERT J. MCFADDIN JR., attorney representing Leon Carp c�mer of the vacant lot at San Luis Rey and Iron�,�od, His client wanted his objection to this nQnconfornting use on the record. MR. C��ARLIE ZOBI, 45-868 San Luis Rey, stated that he was the volunteer president of the Shadaw Nbuntain Manor p,ssociation. He noted that the legal notice was published in the Desert Sun 4 � N�TPF� PAI�I DFSER'� PLAIVl11NG CQT�SSI�i FID�R[TARY 6, 1990 � and asked why it wasn't published in the Desert post, as it is norntally. Mr. Drell stated t,hat the deadline had passed to publish in the Post and stated that the Desert Sun is authorized for the city to advertise in and is used periodically. N�t. ZOBI referred to his letter, referring to a note at the bottan of it that subject to H-1, that if the site is fenced off to becane a part of the golf course, that the maintenance dues on the swimning pool w�uld be waived. He stated that for over 20 years eight hcxneawners have voluntarily paid dues for the upkeep of the swimning pool. Chairperson Whitlock indicated that was not a pertinent item for the planni.ix� carntission to act upon. - MR. RICK BROWN, 45-876 San Luis Rey, the third house fran Ironux�od, inforn►ed catmission that he has a view of the pool fran his backyard and was opposed to any take aver by Shaclaw Nbuntain. He stated that he was a new hanec�n�er and had bought the hpme to have use of the pool. He expressed the desire to dr� anything they oould to oppose any shifting of property or the � gate. He did not oppose the office use that was proposed. MR. GLE�T BOSVdORTH, 73-700 Ironvaood, stated that he bought a fixer upper and lived there for a year. He indicated that he had a letter that he wanted to read as follaws, "M�nbers of the Planning Commission: First I wish to contest this public hearing because I was not properly or officially notified. I received notice of this hearing last Sunday frcm a neighbor, Mr. Zobi. F�rthermore, I wish to oppose appraval of this permi.t because this is a cam�rcial use in a residential zoned area. I am against it. I dr� not want it at all. Hawever, in the event you c�o allaa this to occur, I would like a chance to study this proposal so I can make a more reasonable and educated analysis. I wish to be better infornied as to what the Shadaw Nbuntain Golf Club intends to actually use this property for. I wr�uld Iike an it�nized list of the conditions to be applied to this oonversion to management office. The hours of business, the type and amount of traffic and very clear descriptions of eve�ythirig they propose to conduct. Our neighbort-x�od will be influenced by what goes on there and I will be the one most impacted because of living next door. I would like to presezve the character of the neighbort�ood and improve upon it i.nstead of allawing thirigs like this to happen. At the present time I am skeptical because of �■.. 5 NfIN[ti'F� PAI�I DFSERT PL.ArIIJIlVG �T�SSI�T FE�RLTARY 6, 1990 � -� � � the follaw' � ing: Starting about 5:30 a.m. many mornirzgs workers start arriving before the gate opens with engines, car radios blaring music, loud talking. Then after 6:00 p.m. and before 6:30 a.m. tractor enqines, pa,aer n�ners, qarde�z equipner�t, etc., are fired up, disturbing the serenity and tranquility of the early morni.s�g ix�urs. We have an emotional attactunent to our hanes and environment and i feel we are beirig derLied our right to a peaceful retreat. If we keep allawing ca�mercialization to creeP in, then I see a very dismal outlook c7aHm the road for this area. Please v�ote nay on this proposal." Additional cannents about this were, "Neighborhood.s can be very fragile. The actions you take as a governing body may cause some breakage. Decisions may mt always be consistent with and for people's rights. Our homes are our retreat and abode. Supposedly our private danain. The place where we rest, relax and entertain ourselves. We need that restxiction on camlercial enterprises in our areas or do away with theqn all together. . What is wrong with scme normal way of locating aommercial retail in properly zoned places. If they can't afford the rent for a facility of this type in the proper area, then we have to ask if they are worthy of their awn e,xistence. I am ryot equating this with scmeone who is self emplayed, usirig a portion of thein c�me for an office. Thi.s is okay. But here we have an entirely different thing. In essence, they want to do the same thing a � change of zone would clo. A problc�n that may be related to this also bothers me. There is nQthirx� in writing, but the golf club has dropped the term eininent c�nain on us. That is for the city to allow them to acquire the pool area to construct a parking lot. That wr�uld affect the backyards of most of our hoR�s. I will watch this very closely." Mr. Diaz stated that he did not }�x7w where the term c�ninent danain came frcm, but the city redevelognent agency would r�t use eaninent ckxnain, plus it w�ould be very difficult for arYy public use to be determined in ternis of this area. He rwted that the mailing list pravided to the city had his correct name and address on it. MS. ROSIE LAZARE, 45-880 San Luis Rey, was opposed to this. If the request was for a minim�.un of office use as allawed for anyone in a single family t�cme, that w�uld have been acceptable. She noted that sane of the activity going on at Shac�aw Nbuntain Countxy Club had been mentioned. She stated that there was a stop sign at the end of Iron��od that was r�t used. She indicated that the traffic was frcm Shac3aw Nbuntain. She also stated that all of the seven haneawners were cloing major things to upgrade their property. 6 � NaN[tI�'S PAIM DESERT PI�NNZNG �T�SSI(�I ' FF�RUARY 6, 1990 �� � Chairperson Whitlock closed the public testimarYy and asked for cannission carments. Ca�mtissioner Richards did nr�t like the fact that the applicant did not wish to address the camtissian and withQut any rebuttal test�moriy was persuaded that this was not an appropriate use. Cannissioner Dawns concurred. Action• Moved by Commissioner Richards, seconded by Coamissioner Davns, ;n�tzuction staff to prepare a resolution of denial for adaption at the next meeting. Carried 5-0. � VIII. N�SCELII�I�IDO[)5 � A. C�� Nos. GpA 89-,4, C/Z 89-9 and PP 89-9 - BF� DIDO[�IlVE, � Applicant Request for appraval of a general plan amenc�nent, ; change of zone, precise plan of design and � negative declaration of envirorutiental impact for a mixed use office/restaurant project corLsisting of 114,800 square feet of office and an 11,000 ' square foot restaurant on an 11.3 acre site � located on the north side of Highway 111 at th�e east city limit. Mr. Diaz explained that city council was referring this case back to the planning camtission because the plan had been revised. He indicated that there had also b�en a resolution of the drainage concerns and a securirzg of access eas�nerit with the property to the east. Staff suggested that with the revision, ca�mission reca�anend ! to city council that the zoning not beoane effective until access easements were secured. He indicated that a previous oannission concern was the restaurant use; he explained that this was an allaaable use. He also suggested as a aondition of approval that building perm.its nr�t be issued until the drainage issues were worked out to the satisfaction of the director of public works. Catmission and staff further discussed the revisions. CaYmissioner Richards did r�ot feel the project beirig presented warranted a change of zone and was concerned with the two story height and poor visibility for the office use in the rear of the project. 7 ', +�r.r N�[�PES PAIM DFSERT F'I�AI�IIV".� �T�SSI�I F�I�tTP,KY 6, 1990 _� � � � i Camzissioner Er�n�od concurred with Camtissioner Richard's catments, Chairperson Whitlock stated that she was not persuaded to chanqe her � negative vote either. Mr. Diaz stated tha.t he wr�uld pass these � camients along to the city council. z Action: No action. B. Case No. DA $6-7 �nt II - PAN�GA S[�►I,LWI�G�, AppliCant Request for annual review of development ; agreement compliance for Silverado Affordable Senior Housing Develogn�xlt. Mr. Drell explained that at the last meeting a t�me extension request � was brought to the commission, but staff discovered that the . development agreement superceded the time extensian process. He • indicated that a specific finding of violatioai had to be made before the agre�nent could be voided. Commission and staff discussed the terms of the development agreement. Ms. Allen infornied conmission that unreasonable time for � development could be grounds to recommend termination of the '� agree,nient to city council. After further discussion, commission in�tzucted staff to inform the applicant that this was the annual review of the developnent agre�nent and that if develogneazt had rx�t occurred by the next annual review, catmissioaz would r�omnend termination of the agreement to the city council based on the unreasonable amount of t�me. ' Action: Moved by Commissioner Richards, seconded by Ccmnissioner Dau,ms, infornling the applicant that this was an annual review of the develo�ment agreement and if developnent has not occurred on the project by nex-t year's annual review, the c�nmissi� will recamlend to the city council te��pation of the developmea�t agreemezit based on the unreasonable amount of t�me allawed for the project to cannence. Carried 5-0. IX. ORAL �JNICATI�iS None. 8 � MIN(J'i�S PALM DESERT PI,AI�TING �T�IISSI(�T FIDRUAKY 6, 1990 `"�""' x. OCNNIE3�fI5 Caianissioner Richards stated that he had sane discussion with council members at various meetings regarduzg the Living Desert Reserve. He felt it was w�rkirx3 well and was going uru�oticed. He felt the city should look to the future of a possible expansion of that project and possible impacts frcm adjoinir� areas. He requested that staff review the acreages that adj oin the Living Desert on the south and east in the light of perhaps chariging the designation of the term open space. He was concerned with the fact that the area is a hazardous area to have long, permanent activity (i.e. l�ccnes). He felt that a desert park and Ironu�od Golf Course were cxmpatible uses and c�o not disturb the nature of the area. He was concerned ab�ut leaving roorn for the Living Desert to gr�aw and future building that could occur. Mr. Diaz indicated that staff could cane back in a m�nth with a report. Caimissioner Richard.s assured camussion and staff that there was strong council support. XI. Moved by Commissioner Richards, seconded by Ccnmissioner Dawn.s, �' ad'o � urnirx� the meeting. Carried 5-0. The meeting was adjourned at 8:36 p.m. . � ''.�'� 1�MON A. D , Sec e i ATTEST: ���,���� . CAROL WHITLOCK, C�airperson /� 9 �