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HomeMy WebLinkAbout0320 r+Q1V[Tl'FS PAIM DESIIZT PI�ANNII�U QM�IISSI�1 N�PIl� 7.i�AY - I�CIi 20, 1990 7:00 P.M. - CIVIC C�3dI�t Q7[IIVCIL Cfg1I�BIIt 73-510 FItID �11tII� DRIVE W * * * * * * * � * � * * * * * * � * �r * * �t * * * * * I. G1Id, TO �IIZ C�zairperson Whitlock called the meetir�g to order at 7:00 p.m. II. PI�IDG'� OF ALL�X'IAIVr'E Cannissioner Jonathan led in the pledge of allegiance. III. �,L CALL Meinbers Present: Carol Whitlock, Chairperson Bob IkxarLs (arrived after oauncil si.nnnary) Rick Etwood Sabby Jonathan Nlembers Absent: Jim Richards Staff Present: Ray Diaz Kai�dy Allen Gregg Holtz Phil Drell Phil Joy � Catherine Sass Tonya Monroe IV. APP1aOVAL OF NiIN[IrFS: Consideration of the March 6, 1990 meeting minutes. Action: Moved by Commissioner Jonathan, seconded by Catmissianer Er��od, appx�ving the Mam.h 6, 1990 meeting minutes as submitted. Carried 3- 0. V. S�[I�TR�RY OF �[]NCIL ALTIQd Mr. Diaz explained that there were rbt items directly impacting planning cam►ission at the March 8 city cotuicil meeting. VI. Q�]:SENr (�1LFI�IDIAR - A. Ca._se N�. Pf�W 90-4 - DAVID FR�N & Qt�+�ANY, Applicant Request for approval of a parcel map waiver to adjust the position of an interior lot line located on Gerald Ford Drive at Nbn�erey Avenue. rr.. _ _ ._ . _ _ __ _ _ N�I�AlI�S PAIM DFSIIZT PLAI�IIJIl� QI��NIISSIQ�I �i 20, 1990 � B. Ca�se No. R�W 90-5 - N�EY AVII�UE ASSOCI�TFS, Applicant Request for approval of a parael map waiver to ad�ust the position of an interior lot line located on Gerald Ford Drive at Portola Avenue. Actian: Moved by Commissioner EY��od, seconded by Catmissioner Jonathan, appro�vir�g the corLsent calendar by minute moti�. Carried 4-0. VII. PU6LIC HEARII�S A. Cbntim�ed Ca.9e No. TT 24866 - SO[II��T PARZi�LS, Applicant Request for appraval of a five lot tentative map and negative declaration to allaw four hanesites and dedicated open space an 7.73 acres generally located on the west side of the Palm Valley Storm Channel across fr�cm the Samnerset Cor�3ananiuQns. Mr. Diaz explained that the hillside road standards were beizig reviewed by city council and staff reccRmended a continuance to April 17, 1990 to await council action. �►' C�airperson Whitlock asked if anyone present wished to speak in FAVOR or OPP06ITIOtd to the proposal. There was no one. Action: Moved by Commissioner powns, seconded by Commissioner E�vaood, continu.ing TT 24866 to April 17, 1990. Carried 4-0. B. (bntitn�ed Ca.9e No. PP/QJP 9Q-1 - 1�.'IH C�.'Y, Applicant Request for appraval of a negative declaration of environmental impact, precise plan and conditional use permit for a 10,000 square foot office building and associated parking lot and greenbelt to be located at 73-330 Highway 111 and 44-885 San B�xiito Circle. Mr. Drell indicated that public hearing items B and C should be combined. He outlined the salient points of the staff report and noted previous coRmission coRrnents on the project. Staff reoomnervded approval of PP/CUP 90-1 and ZOA 90-1 to city council. 2 � N1IIdtPFS PAIM DFSIIZT F'LANNII� �T�IISSIC�1 N�RQ�i 20, 1990 � Cnairperson Whitlock e�ned the public testitt�ony and asked if the � applicant wished to address the comnission. MR. F�I CJI�KELEY, 43-038 G�ocus in Palm Desert, felt that he had clone what catmission wanted and was present to answer questicros. C��airperson Whitlock asked if anyone present wished to speak in FAVOR or OPP06ITICN to the proposal. N�t. JEFF BANCROFT, 44-870 San Benito, stated that he had no problem and would rather have a parking lot in that location. . MS. JOSEPHINE KIR�ATRIQC, 73-338 Highway 111, felt the proposal would be a tremerbdo�s project. Chairperson Whitlock closed the public testimarYy and asked for �.nts. Commissioner powns noted that the applicant complied with cannission's request. Coinnissioner Jonathan objected to the three story appearance, but was ' in favor of the use. He stated that he would be wting agauLst the "" project, but felt that the use would clean up the area. Calmissioner Erun�od requested and received clarification on the height of the building. Commissioner Ezwood felt that if the , building canplied with the 30 foot height restriction, the impact . w�uld be the same whether it was a one story or three story building. He felt the project was inr�avative and was in favor. C7iairperson Whitlock concurred. Action• Moved by Commissioner powns, seconded by Commissioner ���od, approving the findings as presented by staff. Carried 3-1 (Cannissioner Jonathan voted rx�). Moved by Commissioner powns, seconded by Commissioner E.Y��od, aciopting Plaruzing Catmissian Resolution No. 1429, reca�iding to city council approval of a negative declaration of er�vironmental �mpact, PP/CUP 90-1, subject to attached conditions. Carried 3-1 (Ccmnissioner Jonathan v�ted rx�). 3 .... NBIdVPF� PAIM DESIIZT PLArIIJIl� �T�SSI�I N�RC�i 20, 1990 � C. Ca..�e IJ�. ZC)A 90-1 - QTY OF PAIM DFS�tT, Applicaa�t Request for apprwal of an amenc�nent to Ctiapter 25.16.030 of the Palm Desert Zcanirig Ordinance to allaw cannercial parking lots as a aondttional use within the R-1 zaa�e when adjacent to general commercial zones and consistent with recam�nda�ions of a specific plan. See discussion on item B. Action: Moved by Commissioner Jonathan, seconded by Catmissioczer DaarLs, appraving the findings as presented by staff. Carried 4-0. Moved by Commissioner Jonathan, secoixied by Carmissioner Dawns, adopting Planning Commission Resolution No. 1430, recommending appx�aval of ZOA 90-1 to city council. Ca.rried 4-0. D. Contirn�,ed Case No. PP 89-34 and DevelapmaYt Ag��nt - RAY PATS(�IDCX ATID BILL R06S'WORN, Applicants Request for approval of a precise plan of design, � develo�cnent agreement and negative declaration of environrnental impact to construct an 11 unit senior housing project at 44-211 and 44-213 San Pascual. Ms. Sass outlined the salient paints of the staff report and nc�ted the changes that had been made by the applicant. She indicated that a new land.scape plan had rr�t been provided. Chairperson Whitlock opened the public testimo�iy and asked if the applicant wished to address the carmi.ssian. NIR. RAY PATSQ-IEQ{, applicant, indicated that he had an artist draw a perspective to enhance the look of �he building and described the roof treatment. Catmissioner Jonathan asked abaut what exactly was being provided in tern�s of amount and kind of landscaping. Mr. Patscheck stated that the plan was generally indicative of what would be pravided, but rx�t specific. 4 � D�IIN[JI�S PAIM DESF�tT F� �NNIISSICN N�i 20, 1990 ""' C�airperson Whitlock asked if anyone present wished to speak in FAWR or �PCl6ITICN to the proposal. There was no ocie arid the public testimany was closed. � After further discussion, crnmission indicated the presentation was rnt adequate to base a decision on and requested that the applicant provide an accurate landscape plan as well as a site plan and elevatian that would depict the r.��anges r�quested. Chairpersori Whitlock re enc,�d the public hearing and asked for a motioaz of continuance. Action: Moved by Commissioner powns, seconded by Commissioner ���od, continuing PP 89-34 and develo�xrient agreen�ent to April 17, 1990. Carried 4-0. E. Case No. TT 25711 - BIErICI�t-DUI�-IAM, Applica�nt Request for appraval of a 108 lot single family subdivision and negative declaration of environmental impact west of E1 Dorado, ane-half r.. mile sauth of Countzy Club Drive. N�. Jay outlined the salient points of the staff report. He j�;cated that the applicant planned to build a project similar to the Nbnterra development. He stated that ane issue of the map was the extension of Sandcastle Lane, along the sauthern baundary. He indicated that the second issue was the gradirx� and drainage plan. Initially the drainage plan shawed a retentian of a 25 year storm on site, hawever, it was later discovered there was r� off-site drainage easem�lt aaquired for this pro�ect, hence the ame.nded aondition of approval for public w�rks condition #22, which required a 100 year retention for the portion of the property drainirig to the south. N�. Jay also noted that a letter from the Sunrise Company had been received objecting to the drainage issue and the perimeter wall along El Dorado Drive having a 12 foot setback. The applicant expressed ooncern about paying the drainage fees as well as retairur� the water on the pro,ject and the potential assessrr�.nt district along Cook Street. Staff e�lained that altY��gh the crnmissi� might �.nt on the conditions, the ultimate decision would have to be made by city council since they involved city policy. Staff reca�mended � appraval of the project. 5 �r P+�TPF� PAi1�i DFS�T F'LArII�TIl� Q'rT�IISSICN N�ItQi 20, 1990 � Cliairperson Whitlock requested clarification as to which conditions reflected the ccmnents made in the Sunrise letter. N�. Joy indicated that staff disagreed with Sunrise as to the wall setback and no charx�e in the oonditio�s of approval was reaatrnended. He indicated that the condition that was cl�anged as a result of the letter was the retention of the 100 year storm an site. He explained that Sunrise a�med the southerly property which was the S�tezra site and they w�ere mt willing to grant a drainage eas�nent. Chairperson Whitlock opened the public test.iirany and asked if the applicant wished to address the ccnmissian. MR. CXJRT DUNf-iF�M, 72-120 Manufacturing Road, Suite K in Thov.sand Pa]ms. He requested a recarmendation fran the oatmtssion as to the hardship on him to the city council conr.erning the drainage fees. He felt that if the property were req�ired to retain a 100 year stonn on site, then the off-si�e drainage fees shauld r�ot be required. He also mted that in public works aondition #22 to aontribute their fair share of the assessed cost for the Cook Street extension, Interstate 10 interchange, and a bridge fund. He did rx�t mind payirig his fair share, but felt it was a ."loaded gun" when c�ollar amounts were unlffxx�m. He felt that if carmission was sympathetic to their problem he wauld appreciate � a reoannendation in fawr of a waiver of the off-site drainage � fees to city council. He noted that the letter fran Sunrise Company was dated March 20, as well as the interoffice memorandum fran public wr�rks was dated March 20, about the 100 year flood. CamLissioner Dawns stated that engineering ar�d Mr. Dunham's people would have to discuss the 100 year flood, and inciicated that he was inwlved in gettirig the original initiation of the averpass at Cook Street and the bridge at Cook Street and was not slm�athetic with I�. Dunham on this issue. N�. Dunham stated that all he was lookirx� for was a dollar amount. Camtissioner Dcx�nls stated that a cbllar amount had not be�rn determined because the mid-valley parkway issue had not be settled. Mr. Dunham asked at what point the fees would be collected and Mr. Diaz replied that T�JNIF was recorded at the time of construction and went to regional facilities and the other c�nditions were covered by the Mello-Roos District, of which the c�nditians required the applicant to be a part of and N�. Dunham would be camLttti.rig to a reasonable assessment. Mr. Holtz stated that the establishment of the Mello-Roos District was unlffxx�m and was like an � assessment district; participation of a certain percentage of the property awners had to be in place before it could be established. Until all those things were in place staff did not knaw if there 6 ,r NIIIV�TI'ES PAIM DESFRT F'l�ArIIJII� �1M�IISSICN N�CI3 20, 1990 `'r would be a Mello-Roos District. Carmissioner Dawn.s inforrned Mr. ' Dunham that staff had been includin that re uirement for ' 9 q approximately one year. N�. Diaz felt that the figure would be detern�ined scme time this year. Mr. Diaz asked if the resolution were to be adopted, if the applicant precluded his objection to the Mello-Roos District if it was conditioned on the tentative map. Ms. Allen noted that the condition did no� discuss the Mello-Roos District. Mr. Dunham indicated that he would be going to the city cot.uicil to get a c7r�llar arraunt for the bridge at Cook Street. He rbted that a 100 year storm would take care of all off-site drainage ' and there we�uld be no drainage going off-site fran their subdivision and did rx�t feel it was an unreasonable request to not participate in the drainage fees if they were not adding any water to the s�t system. Mr. Holtz explained that the 100 year area N�. Dunham was required to retain on site was only for the southexn portian and the ' other half drained to the nc�rth, so the drai.nage fees wauld still , have to be collected for that portion. Mr. Dunham felt that if a 100 ', year storm was being retajned an abaut 60g of the project and 4Q$ was ', retaining a 25 year storm, then 60$ should not have to pay fees. He stated that he did r�ot object to paying for the portion that provides for the 25 year storm, but rx�ted they had to give up an additional ' lot to retai.n water an site. Mr. Diaz indicated that it we�uld have to be decided by city council. Commissioner Fsw�oc3 asked haw drainage fees were calculated and Mr. Holtz replied on an acreage � basis. Commissioner Ezwood asked if the fee was based on the acreages causing the problem, or on the 40$. Mr. Diaz noted that in the case of the Lakes Count=y Club t�hey received a waiver for a portion of the site that was not draining to the sauth and they were ret�ni� water, and only city council could make that determination. Chairperson Whitlock asked if Mr. Dur�rn had seen the letter from Sun.rise and Mr. Ihu�ham uidicated that he received a copy an hour earlier. He stated that the project was designed with the 12 foot setbacks per engineering and any change vx�uld result in a redesign of the lots, which wr�uld be a hardship. He info�med cannission that he vehe�nently objected to the 20 feet suggested by Sunrise. Cha.irperson Whitlock asked if anyone presen� wished to speak in FAVOR of the pro j ect. Nfft. Q�RLIE SWEAT, 74-595 Peppertree in Palm Desert, sta�ed that this project was sirnilar to the Nbnterra pro�ect in Palm Desert and felt this project would be a first caliber pro�ect. Chaizperson Whitlock asked if anyone present wished to speak in OPP06ITI�I to the pro j ect. 7 � D�IIIV�fI'E'S PAIM DFSERT PI�AI�II1Il� Q'�R�IISSIQd N�Q3 20, 1990 � � Nfft. AL�AN LEVINE, Vice President of Sunrise Canpany, 42-600 Cook Street in Palm Desert, wanted to go on r�ecord as r�t opposing the project in concept, but srnie of the specific oonditions in design. He stated that staff had adequately addressed their drainage concen�s. Regardirig the setback, he noted that the Lakes Country Club at the t�me it was appr�aved was ryot required to put in sidewalks. He stated that Sunrise awns the entire one-mile frontage an E1 Dorado from Country Club to 42nd and they were proposing a project on that site that wauld have a 20 foot setback on the east side of El Doracb for the entire one mile stretch. He rx�ted there was currently a 20 foot setback along the Lakes, which was a half-mile stretch. He felt that what staff was doing was coordinating the oa�e quarter mile on the tract to the south of the present tract with a 12 foot setback and they should agree with that, whereas the entire two mile frontage, half a mile currently and the mile they are proposirig wr�uld have a 20 foot setback. El Dorado wo�ild be a major through-way with a median island street along the same lines as Countxy Club Drive, as well as C',00k Street. He noted that there were no 12 foot parkways on either of tYx�se streets, therefore, fran an appearance sake, that is why they were making their request. The project to the south of Mr. Dunham was , apprr�ved under the courity and recently annexed into the city. �' Ind.ian Wells had made the same request when the county plannirx3 cannission reviewed that and their standard,s were not the same as Palm Desert and to accept ttnse cot.urty standards was mt the kind of standards for the city of Palm Desert. Mr. Dunham stated that E1 Dorado was not a th�gh-way street as stated by I�. Levine. Mr. Dunham indicated that it w�uld dead- end at Hovley and there wr�uld be a 101 foot street with a parkway dawn the middle that would only run for one mile and a half, and then go into Indian Wells and open up their gorgeaus project which they plan to clo there and for them to have to ac�ere to their standards because they feel it should be as opposed to staff's opinion was wrong. i�. Diaz noted that at the time the Lakes Country Club developed the area between E1 Dorado and the then Peru�sylvania Avenue, which was r�aw Oasis Club Drive, was in the sphere of influence of the city of Indian Wells and �hat sphere extended up to Interstate 10 and was their access. At that t�me El Dorado was to extend all the way from I-10 to Highway 111 and then south of Highway 111 past Fairway. � Subsequen�ly, E1 Doradr� will rio longer do that and when the Lakes develognent came into PaLn Desert, the 20 foot setback was established for that reason and that type of street and that m 8 � NQIVUPES PAIM DF�F�T PI�ArII1II� �T�IISSICN N�,t�Q3 20, 1990 """ longer is the case. Also, he rr�ted that staff felt that the 12 � feet was adequate to match a ma�or developnent line--such as the Lakes and here. There was half a mile at 20 feet withaut a sidewalk, a half a mile at 12 feet with sic�walk, and this project wr�uld be 12 feet with a sidewalk. Chairperson Whitlock closed the public testim�y ar�l asked for ' ocamission camierits. ' Ca�►missioner Jonathan noted that he w�uld be abstai�ing. I C�iairperson Whitlock stated that she was aesthetically concerned about the 20 feet versus the 12 feet. Right off the main thoroughfare of Country Club, having half a mile of 20 foot setback and then going to a 12 foot setback with a sidewalk did not se�n appropriate aesthetically. She was inclined to agree with Mr. Levine to continue the appearance of the Lakes from Cauntry Club to E1 Dorado. Caimissioner powc�.s felt that 12 feet with a sidewalk was better than 20 with �ust a curb; he noted that sidewalks and bikepaths were important. Mr. Joy noted that it was a oouncil policy to require sidewalks and . explained his rationale for the 12 feet to p�avide continuity with the Varner pro�ect. N�. Diaz amended candition #22 to read that, `� "The applicant shall agree to contribute their fair share of the assessed cost for the Cook Street Extension and Interstate 10 Interchange and the bridge fund and participate in any assessment district established to construct these facilities. " If the applicant disagrees, he can appeal this amditian to council. Ms. Allen asked about a condition for the T�JN�' fee. Mr. Diaz indicated the follawing would be added to condition #22 also, "Applicant shall also pay a transportation mitigation fee (TUN�')." N�. Holtz asked if the Mello-Roos District would come under the description of an assessment district and N�. Diaz replied yes, and indicated that he worded it "any assessnent district" because it might have another name. Action: Moved by Commissioner powns, seconded by Commissioner Er��od, appr�aving the findings as presented by staff. Carried 3-0-1 (Catmissioner Jonathan abstained). Moved by Commissioner powns, seconded by Commissioner F�ti��od, acbpting Planning Camtissian Resolution No. 1431, appraving TT 25711 9 ... NIIIV�IPFS Pl1IM DFSQ2T PLArIIJII� C�SSIQ1 N�FtC�i 20, 1990 ..r and a negative declaration, subject to conditions as ameixled. Carried 3-0-1 (Ccamissiorier Jo�athan abstai.ned). VIII. A. Se�i� Fiousing Age Requiranent. Ntr. Drell indicated that se.n:ior developments required proof of age prior to allawing occ.-upancy and explained that the two in the city were r�ot quite one year old and they wc�uld be sendixig the city an annual report. He stated that proof of age was usually a copy of the birth certificate or driver's licer�,se. He noted that Mr. Diaz had conducted an ano�yrrious survey and the developnents told him that mirLinnnn age was 62 arid the average residents were age 80. Commissioner Jonathan asked about reper�vssians of the age violation. Mr. Drell stated that it would be treated like any other zoning ordinance/development agreemP,nt violatian and handled with oode enforcamexit and the city attorney. B. Livir�g Desert Resesv�e Oral Repo�'t. Mr. Diaz indicated that since Carmissic�ner Richards was the one � who had asked for the report and he was absent, the report wauld be given at the A�ril 17, 1990 meeting. IX. OF�L �NM)NICATICHdS None. X. �I5 Staff noted there would be no April 3, 1990 meeting due to a change in legal r�oticing by C'D�. XI. Moved by Chairperson Whitlock, seconded by Catmissioner DaHms, adjourning the meeting. Ca.rried 4-0. The meeting was ad� at 8:11 p.m. RANDN A. DIAZ, SeC ATTF'.ST: �;"c��.�t„�.�,��,, CAROL WHITI�OC�C, Chairperson � /� 10