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HomeMy WebLinkAbout0821 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - AUGUST 21 , 1990 7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE I . CALL TO ORDER Acting Chairman Erwood called the meeting to order at 7 :09 P.M. II . PLEDGE OF ALLEGIANCE Commissioner Jonathan led in the pledge of allegiance. III . ROLL CALL Members Present: Rick Erwood, Acting Chairman Bob Downs Sabby Jonathan Members Absent : Carol Whitlock, Chairperson Jim Richards Staff Present: Ray Diaz Kandy Allen Gregg Holtz �ft"" Steve Smith Phil Drell Tonya Monroe IV. APPROVAL OF MINUTES: Consideration for approval the August 7, 1990 meeting minutes. Action: Moved by Commissioner Jonathan, seconded by Commissioner Downs, approving the August 7, 1990 meeting minutes as submitted. Carried 3-0. V. SUMMARY OF COUNCIL ACTION Mr. Diaz explained that no council meeting had taken place since the last planning commission meeting. VI . CONSENT CALENDAR None. MINUTES PALM DESERT PLANNING COMMISSION AUGUST 21 , 1990 VII . PUBLIC HEARINGS .rrr A. Continued Case No. TT 26018 - WESTINGHOUSE DEVELOPMENT COMMUNITIES, Applicant Request for approval of 62 single family lots and a 2. 1 acre maintenance facility on 50 acres southwest of Highway 74 and Cahuilla Way. Mr. Diaz explained that the applicant was requesting a continuance to September 18, 1990. Mr. Diaz informed commission that per city policy, this was the second and last continuance request. Acting Chairman Erwood opened the public testimony and asked if anyone wished to address the commission either in FAVOR or OPPOSITION to the proposal . There was no one. Action: Moved by Commissioner Downs , seconded by Commissioner Jonathan, continuing TT 26018 to September 18, 1990. Carried 3-0. wrr B. Case No. CUP 90-14 - LAKSHMAN WICKREMESINGHE , Applicant Request for approval of a negative declaration of environmental impact and conditional use permit for a 36 student montessori preschool at 73-925 Fred Waring Drive. Mr. Drell outlined the salient points of the staff report and recommended approval based on the proposed conditions. Commissioner Downs asked if there had been any response from the church. Mr. Drell indicated that until the applicant produced an agreement, the conditional use permit would not be operational . Commissioner Jonathan asked if the church had a surplus of parking space available and Mr. Drell replied that they do not have a surplus, but the parking requirement was based on the capacity of the assembly hall and was primarily used on Sundays. Mr. Diaz explained that a shared parking with day versus night uses were not uncommon. Mr. Drell stated that it was a provision in the 2 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 21 , 1990 parking ordinance to allow shared parking with alternate peak period use. Acting Chairman Erwood opened the public testimony and asked if the applicant wished to address the commission. MR. LAKSHMAN WICKREMESINGHE, the applicant, felt that the project would not have an adverse impact on the neighborhood. Commissioner Downs asked the applicant if he had any objection to the conditions of approval . Mr. Wickremesinghe replied no, and felt the church would agree to let them use their parking. Commission, staff and the applicant discussed the drop off area for students and the car capacity. Acting Chairman Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposal . There was no one and the public testimony was closed. Commissioner Jonathan expressed concern regarding the insufficient parking and circulation driveway holding only wr two cars. He did not want cars backing onto Fred Waring Drive. He recommended that the driveway be designed on the east side to access through the church lot. Commissioner Jonathan stated that he would add the condition that the drive-thru be eliminated or repositioned so that no ingress or egress exists on Fred Waring Drive. Action: Moved by Commissioner Jonathan, seconded by Commissioner Downs, approving the findings as presented by staff. Carried 3-0. Moved by Commissioner Jonathan, seconded by Commissioner Downs, adopting Planning Commission Resolution No. 1465, approving CUP 90- 14, subject to conditions as amended. Carried 3-0. C. Case No. CUP 90-16 - JOSEPH BRANDT, Applicant Request for approval of a conditional use permit to expand the existing Tutti Gusti restaurant by 960 square feet 3 %NW MINUTES PALM DESERT PLANNING COMMISSION AUGUST 21 , 1990 (enclose the existing south patio area) located in the Columbia Center at Highway Ill and Highway 74. Mr . Smith outlined the salient points of the staff report and recommended approval . Acting Chairman Erwood asked if the proposal would increase the number of tables or patrons that could be served and staff replied no and indicated that there was no parking problem with the existing patio use. Acting Chairman Erwood opened the public testimony and asked if the applicant wished to address the commission. MR. KENT ATTRIDGE, representing the applicant, felt that the parking was not a problem because of the mixed day and night time uses for the parking area. Acting Chairman Erwood asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . There was no one and the public testimony was closed. Commissioner Downs felt there was enough of a mix of day and night time uses to offset any parking problems. Commissioner Jonathan expressed mixed feelings when approving a use that might have a negative impact on parking and the overall effect on the quality of life in terms of the effect on traffic and parking. He noted that tenants change and the mix of uses could change. Commissioner Downs noted that in the last eight years commission had approved these requests because of the mixed use, up to 30% could be allowed; he indicated the request was for only 7% and was comfortable with that percentage. Mr. Diaz indicated that if a problem developed, the conditional use permit could be rescinded. Acting Chairman Erwood indicated that he did not have a problem with the request. Action: Moved by Commissioner Downs, seconded by Acting Chairman Erwood, approving the findings as presented by staff. Carried 3-0. 4 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 21 , 1990 err Moved by Commissioner Downs, seconded by Acting Chairman Erwood, adopting Planning Commission Resolution No. 1466, approving CUP 90- 16, subject to conditions . Carried 3-0 . D. Case Nos. GPA 90-2, C/Z 90-7, PP 90- 13 - DSL SERVICE COMPANY, Applicant Request for approval of a general plan amendment, change of zone, precise plan of design and negative declaration of environmental impact to allow construction of approximately 222, 110 square feet of retail and commercial buildings on the east side of Highway 111 between Fred Waring Drive and Park View Drive. Mr. Smith outlined the salient points of the staff report, noting that the proposal was given preliminary architectural review commission approval . Staff expressed several concerns and recommended that the matter be continued until r an acceptable precise plan was provided. Commission and staff discussed the landscape provisions at the corner of Fred Waring Drive and Highway 111 versus Highway III and Park View Drive. Staff also informed commission that the area residents had submitted an unsigned petition (the signed one would be presented at this meeting) with a list of their initial concerns. Acting Chairman Erwood opened the public testimony and asked if the applicant wished to address the commission. MR. WENDELL HINLEY AND MR. JEFF SIMONDS were present and submitted to commission a petition signed by over 400 people. Mr. Hinley indicated that they visited 11 of the 30 homes and indicated that a Mrs. Marks and Mr. Polts were in favor of the retail center. The applicant expressed a willingness to enhance the landscaping more in keeping with that being provided at the alternate corner. They indicated that the tenants could range from a supermarket and restaurants to retail and clothing shops, as well as a savings and loan. The applicant indicated that the two story building at the entry corners were not a problem to the architectural commission. The applicant indicated that %N• 5 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 21 , 1990 490 they had elected to eliminate the 4,900 square foot pad on Fred Waring, which would reduce the parking variance request by 27 stalls, and the far pad that backs up to Joshua and Fred Waring would be reduced from the building depth from 78 feet to 60 feet, reducing the parking deficit another 13 stalls. He indicated that they were requesting some compensation to allow for the mixed day/night time uses. Mr. Diaz asked the applicant if they had attempted to contact the adjacent residents prior to the meeting. Mr. Hinley replied that they had attempted to contact them that morning. Commission, staff and the applicant discussed the proposed Albertson's store and potential negative impacts from the whole development such as noise, smell , traffic, lighting, buffers and problems generated by deliveries. The applicant felt the negative impacts could be mitigated and described the proposed architecture of the Albertson's supermarket and center in general . Acting Chairman Erwood asked if the applicant's engineer had provided a report for the increase in decibels that would result from the center. Mr. Diaz indicated that the information could be obtained. He also noted that they had encountered similar problems "No with the Lucky' s center at Country Club and Monterey and that concerns were mitigated through several meetings and a spirit of cooperation between the city, developers, and area residents. Acting Chairman Erwood asked if anyone present wished to speak in FAVOR of the proposal . The following people spoke in favor of the proposed complex, including the Albertson' s market and proposed Downey Savings and Loan and the added benefits from additional employment: 1 ) MR. SCOTT BRILL , 48-551 Valley View in Palm Desert; 2) MR. DON ETON, Palm Springs; 3) MR. JOHN MOORE, 48-551 Valley View in Palm Desert; 4) MR. WILLIAM SIMMONS, 77-585 Calle Las Brisis South in Palm Desert; 5) MS. RUBY CALVERT, 43-500 Illinois in Palm Desert; 6) MR. TOM EDDY in Palm Desert; 7) MR. MEL BACKMAN, 74-810 Zircon Circle West in Palm Desert; 8) MR. JOE PEREZ, 74-400 Goleta in Palm Desert; 9) MR. BILL WATERS, 43-510 Tennessee; 10) MR. RAY 6 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 21 , 1990 VM0 TURPIN, Palm Desert Greens resident; 11 ) MS. CLAIR EDDY, 73-540 Country Club Drive in Palm Desert; 12) MS. HEINE , 42- 630 Tennessee; 13 ) MR. ART KEILING, 43- 430 Virginia in Palm Desert; 14) MR. ROBERT MCCOY, 42-552 Granite Place in Palm Desert; 15) MR. LEN KAZINO, Palm Desert Greens resident; and 16) MS. MARILYN ESPINSON, 74-043 El Cortez. Acting Chairman Erwood asked if anyone present wished to speak in OPPOSITION to the proposal . The following residents spoke in opposition and submitted a signed petition (see attached Exhibit A) against potential negative impacts ( i .e. access, traffic amounts and speeds, noise, views, buffers, aesthetics, lights, and smell ) . 1 ) MR. DAVE YURES, 72-450 Manzanita in Palm Desert; 2) MR. RAY NERNEN, 72-445 Cactus in Palm Desert; 3 ) MRS. BEVERLY VORWALLER, 52-010 Avenida Diaz in La Quinta (buying home in the area) ; 4) MR. +r BRUCE MESTERLY, 43-600 Joshua Road; 5) MR. SHELDON VORWALLER in La Quinta (buying home in the area) ; and 6) MS. ELIZABETH WAYNE, 72-435 Cholla Drive in Palm Desert. Acting Chairman Erwood asked if the applicant wished to give a rebuttal . MR. JEFF SIMONDS, DSL Service Company, stated that DSL would be the developer and owner of the shopping center; there had been interest from restaurants expressed for the two sites at Park View and Highway 111 ; he noted that the Albertson's view to the residents would be 23 feet high building with a 7 foot high masonry block wall , with trees behind the block wall between the wall and buildings to provide screening although on the front of the buildings there would be higher pop-up features; he felt that the city should address the concerns regarding Joshua Road and asked the commission for approval of their request with the precise plan conditioned with the elimination of the front pad and cut back of the shop building in the back on the Joshua side in terms of its depth and sound 7 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 21 , 1990 mitigation in the rear through a sound study; he noted that representatives from Albertson's were present and hours of loading (deliveries) could be restricted, as well as trash pickup. He requested approval subject to conditions. Acting Chairman Erwood asked the commission for comments. Commissioner Jonathan agreed with staff that there was no justification for a parking variance; the landscaping on the corner of Fred Waring and Highway III was very visible and should be improved; he indicated that he was in favor of the development in general and hoped that the concerns could be adequately mitigated; no left-turn access onto Highway III should be allowed--the applicant agreed there would be no left-turn access; concerns regarding Albertson's were noise, lights, and odors and he felt they should be adequately mitigated to the satisfaction of the immediately surrounding residents ; and the impact of the two story buildings at the entrances of Highway III and at Fred Waring--he felt it was too close to Highway III and either should be set back further or moved somewhere else to allow a better line of sight. Acting Chairman Erwood stated that conceptually he was not against a project of this nature, but felt the parking and Albertson's impacts should be mitigated so that the adjacent neighbors would not be adversely impacted. He agreed with staff that a parking variance was not appropriate for_ a . center that had not even been built and the location was very important to the city since it is the entrance to the city. He recommended a continuance to allow the applicant, staff and the residents to address the concerns. He informed the applicants that in Palm Desert applicants are encouraged to meet with residents and that way many concerns could be mitigated before the public hearing. Staff indicated that a meeting could be arranged between city staff, the applicants and directly impacted area residents and the matter brought back at the October 2, 1990 meeting. The applicant requested that the date be moved up, but staff indicated a scheduling problem. Mr. Diaz indicated that the meeting would most likely be on an off- Tuesday meeting night and the adjacent Palm Desert residents would be notified of that date. 8 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 21 , 1990 Action: Moved by Commissioner Downs , seconded by Commissioner Jonathan, continuing GPA 90-2 , C/Z/ 90-7, and PP 90- 13 to October 2 , 1990. Carried 3-0 . A FIVE MINUTE RECESS WAS CALLED AT 9: 00. THE MEETING WAS RECONVENED AT 9: 05 P.M. VIII . MISCELLANEOUS None. IX. ORAL COMMUNICATIONS None. X. COMMENTS r Commissioner Jonathan expressed concerns about parking shortages in the industrial area caused by warehouse/ industrial uses being converted into offices. Staff indicated that the matter would be looked into to prevent further offices in the industrial area. XI . ADJOURNMENT Moved by Commissioner Downs, seconded by Commissioner Jonathan, adjourning the meeting. The meeting was adjourned at 9:05. RAMON A. DIAZ, S cr ry ATTEST RICHARD ERWOOD, Acting Chairman /tm fto 9