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Home My WebLink About0918� MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - SEPTEMBER 10, 1990 7: 00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRE0 WARING DRIVE * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER � Chairperson Whitlock called the meeting to order at 7: 00 p. m. II . PLEDGE OF ALLEGIANCE Commissioner Jonathan led in the pledge of allegiance. III. ROLL CALL Members Present: Carol Whitlock, Chairperson Bob Downs Rick Erwood Sabby Jonathan Jim Richards Members Absent: None Staff Present: Ray Diaz Kandy Allen Phil Joy Phil Drell Gregg Holtz Frank Allen Tonya Monroe IV. APPROVAL OF MINUTES: Consideration for approval the September 4, 1990 meeting minutes. ' Action. � Moved by Commissioner Downs, seconded by Commissioner Er-,wood, � adopting the September 4, 1990 meeting minutes as submitted. Carried 4-0-1 (Commissioner Richards abstained > . V. SUMMARY OF COUNCIL ACTION Mr. Diaz summarized pertinent September 13, 1990 city council � actions. � VI . CONSENT CALENDAR � %PW None. � / | � MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 10, 1990 VII. PUBLIC HEARINGS A. Continued Case No. TT 26018 - Westinghouse Desert 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. Joy outlined the salient points of the staff reportv noted a change to the staff report relative to fencing height; and recommended approval . Commission and staff discussed type of fencing, lot coverage, setbacks and zoning. Chairper`son Whitlock goeDed the public testimony and asked if the applicant wished to address the commission. MR. DAVID GRAHAM, Westinghouse Desert Communities, informed commission he was present to answer questions. Upon questioning by Commissioner Downs, Mr. Graham replied that he was satisfied with the conditions and noted that these were the smallest lot sizes being � proposed and the sizes would increase. Chairperson Whitlock asked if anyone present wished to speak in FAVOR or, OPPOSITION to the proposal . There was no one and the public testimony was Action: Moved by Commissioner Downs, seconded by Commissioner Jonathan, approving the findings as presented by staff. Carr`ied 5-0. Moved by Commissioner Downs, seconded by Commissioner Jonathan, adopting Planning Commission Resolution No. 1468, approving TT 26018, subject to conditions. Carried 5-0. B. Continued Case No. CUP 90-12 - HARRY LIOSDS, Applicant Request for approval of a 19, 000 square foot two story office building with a modification to the parking requirements and negative declaration ofenvironmental impact northwest of Deep Canyon and Highway 111 . 2 MINUTES � PALM DESERT PLANNING COMMISSION SEPTEMBER 18, 1990 � tow Mr. Joy outlined the salient points and concerns of the proposal . He indicated that the applicant was requesting a continuance. Chairperson Whitlock ggpDqAthe public testimony and asked if anyone wished to address the commission in FAVOR or OPPOSITION to the proposal . MR. LYNN CRANDALL, attorney representing Jack Wise, 74- 361 Highway 111 in Palm Desert, indicated that his client was opposed to the project as presently designed. He expressed concern regarding the intersection/corner; closure of the frontage road and impact to Smokey's ( i . e. access rights, parking and ability to be seen ) . He also did not feel that stepping back the second story would � alleviate any problems. He felt any plan being considered needed to address the impacts to Smokey's � restaurant. MR. SAM YORTY, Los Angeles, representing the owner of the property that leases to Smokey's, supported comments made on behalf of Mr. Wise. %wow Commissioner Richards asked what staff's position was and Mr. Joy replied that since the application and initial staFf report, it was brought to staff's attention that the lessee was not being informed of the application process. The original staff report stated that some of the requirements related to the fact that this application eliminates six parking spaces that were required of a previous expansion to the Cleve's restaurant and agreements would have to be worked out between the properties. Staff indicated that in order for a finding that the project would not significantly impact the adjoining property would be that the building would have to be moved back in a manner similar to Smokey's restaurant. The other item that had come to staff's attention was that the � applicant was not willing to pay for some of the offsite improvements required to offset the frontage road. Mr. Joy � indicated that if nothing occurred between now and the next meeting, staff would be recommending denial of the project. � Commissioner Downs informed commission that he had researched the matter and indicated that Mr. and Mrs. Yorty had been out of town and Mr. Bash was in the hospital , which prevented effective communication. 3 ' MINUTEB PALM DESERT PLANNING COMMISSION SEPTEMBER 18, 1990 � ` ACtig�.: Moved by Commissioner Richards, seconded by Commissioner Downs, continuing CUP 90-12 to October 12, 1990. Carried 5- 0. C. Case No. CUP 90-17 - SEAN SUNTAG, Applicant Request for approval of a conditional use permit to expand the existing Louise's Pantry restaurant by 600 square feet (enclose the existing east patio area) located in the 111 Town Center at Highway 111 and Town Center WAY. Mr. Diaz explained that the applicant was requesting a continuance to allow time to work with the architectural review commission and staff recommended at continuance to October 2, 1990. Chairperson Whitlock gge��dthe public testimony and asked if anyone wished to speak in �A�ORor OPPOSITION to the proposal . MR. SEAN SUNTAG, 48 San Sebastian, stated that he was m�m requesting the continuance to allow him to meet with the architectural review commission. He indicated that a continuance to October 2 was fine. Chairperson Whitlock asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposal . There was no one. Moved by Commissioner` Downs, seconded by Comm issioner Jonathan, continuing CUP 90-17 to October 2, 1990. Carried 5-0. D. Case Nos. PP 90-19, VAR 90-6, PM 26540 - JOE KRAVICH/OLIPHANT DESIGN CONCEPTS, Applicant Request for approval of a Negative Declaration of Environmental Impact, precise plan, sideyard setback variance and parcel map in connection with the construction of a 9702 square foot car care center at the northwest corner of 42nd Avenue and Eclectic Street. 4 � � MINUTES ! PALM DESERT PLAMNIN6 COMMISSION SEPTEMBER 10, 1990 � Mr. Drell outlined the salient points of the staff report and noted that the service bays face Eclectic and they would be � screened with landscaping. He indicated that additional landscaping along 42nd was also being required. Staff recommended approval subject to the conditions. Mr. Diaz indicated that a condition should be added to the communitydevelopment department stating, "All utilities shall be undergrounded. " The findings For the undergrounding were that overhead power lines could be knocked down by vehicles � or storms, electrical radiation is emitted, and this would also preserve and enhance property values and would contribute incrementally to the health, safety and aesthetic problems that could exist if the power/utility lines were not undergrounded. Chairperson Whitlock gppgpd the public testimony and asked if the applicant wished to address the commission. MR. RON OLIPHANT, representing Joe Kravich, stated that he was present to answer questions. ' Commissioner Downs asked Mr. Oliphant if he was in concurrence with the conditions and he replied yes and indicated that additional trees would be added to help screen the service bay openings. Chairperson Whitlock asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposal . There was no one and the public testimony was qlgqed^ AKig& Moved by Commissioner Downs, seconded by Commissioner Richards, approving the findings as presented by staff. Carried 5-0. Moved by Commissioner Downs, seconded by Comn`issioner, Richards, adopting Planning Commission Resolution No. 1469, approving PP 90-19, VAR 90-6, and PM 265407 subject to conditions as amended. Carried 5-0. E. Case Nos. C/Z 90-10 and TT 26470 - DAVE MANOOKIAN, Applicant Request for approval of a Negative Declaration of Environmental Impact, a wMW change of zone from O. S. N. (open space) 5 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 18, 1990 ' to PR-4 (planned residential four units ' ) d 58 lot sid tial per acre an a o re en subdivision for 17. 6 acres at the northwest corner, of Fred Waring Drive and Phyllis Jackson Lane. Mr. Diaz indicated that the same condition relative to the undergrounding of utilities would be added to this project stating, "All utilities shall be undergrounded. " The findings for the undergrounding were that overhead power, lines could be knocked down by vehicles or storms, electrical radiation is emitted, and this would also preserve and enhance property values and would contribute incrementally to the health ' safety and aesthetic problems that could exist if the power/utility lines were not u/idergrounded. Mr. Drell outlined the salient points of the staff report and indicated that public works condition no. 9 shouId be amended to include that the applicant will be responsible for landscaping the easement and beginning landscaping maintenance on Fred Waring Drive proposed lot A, which is the street north of the site, and Phyllis Jackson Lane, and sha] l be the responsibility of the property owners associatio/� ; landscaping on Phyllis Jackson Lane shall be pr`ovided within the easement area shown � on the tentative map as easement #20. Mr`. [)iaz clarified that a ghost distr`ict should be set up in the event that a property ow/lers association was established , but not maintained. Commissioner Jonathan was concerned regarding the traffic impacts to Phyllis Jackson Lane and traffic circulation in tI t area. Mr. Diaz indicated that the city had to make the best out of the situation that exists and stated there might eventually be access from Cook Street. Commission and staff extensively discussed possible alternatives and felt the matter, could be re-examined. Chair`person Whitlock 0gG?[lEld_ the public hearing and asked if the applicant wished to address the commission. . MR. DAVE MANOOKIAN, 44-441 San Rafael in Palm Desert, indicated that he worked with planning and public works and noted that his engineer was also present . He was concer`ned about the undergroundirig requirement and asked if adjacent residences were also being required to . underground utilities. ^ Mr. Holtz indicated that the property to the east was in the process of installing undergrounding a conduit system for undergrounding Edison, as well as other utilities. 6 / MINUTES � PALM DESERT PLANNING COMMISSION SEPTEMBER 18, 1990 � Mr. Manookian indicated that he just wanted to insure that this was consistent for the area. Regarding the traffic on Phyllis Jackson, he preferred to go through Chazan's property onto Deep Canyon, but public works wanted Phyllis Jackson access. Mr. Manookian also indicated that they were working out the details on phasing. Chairperson Whitlock asked if anyone else present wished to address the project in FAVOR or OPPOSITION. There was no one and the public testimony was gIgggd. 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. 14707 recommending to city council approval of a Negative Declaration of Environmental Impact, C/Z 90-10 and TT 26470, subject to conditions as amended. Carried 5-0. F. Case No. CUP 20-83 Amendment #3 - B.B. O'BRIENS, Applicant Request for approval of a conditional use permit amendment expanding an existing restaurant 1580 square feet through the addition of a roof terrace bar and food preparation area at 72-185 Painters Path. Mr. Drell outlined the salient points of the staff report . He explained that they have an agreement with the RKR property to the north for the use of 60 parking spaces. He indicated that staff was concerned that the agreement was valid only until 1999. He suggested requiring that the agreement be renegotiated to run for the life of the expansion. Commissioner, Jonathan suggested that the condition be reworded that as long as there is a lease agreement, the applicant can operate the upstairs. Staff indicated they would like verification on an annual basis as to the validity of the lease. Commissioner Downs suggested that it be tied to the renewal of the business license. Mr. Allen indicated that could be done. �� MINMTEB PALM DESERT PLANNING COMMISSION SEPTEMBER 18, 1990 Chairperson Whitlock gmeIledthe public testimony and asked if the applicant wished to address the commission. No one came forward. Chairperson Whitlock 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 Downs recommended a continuance to allow the applicant to address the change in the conditions. The other commissio/� members disagreed and moved for approval , subject to the amended condition. Moved by Commissioner Jonathan, seconded by Commissioner Richards, approving the findings as presented by staff. Carried 4-1 (Commissioner Downs voted no) . Moved by Commissioner Jonathan, seconded by Commissioner Richards, adopting Planning Commission Resolution No. 1471 , approving CUP 20-83 Amendment #3, subject to conditions. Carried 4-1 (Commissioner Downs voted no) . VII%. MISCELLANEOUS -- Mr. Diaz informed commission that he had an item relating to recreational vehicle parking and the ordinance that he would like added to the agenda. He explained that it could be added by a four fifths vote of the commission. Moved by Commissioner Richards, seconded by Commissioner Erwood, adding the item to the agenda. Carried 5-0. Planning commission and staff discussed possible revision to the RV ordinance. Commission directed staff to bring this item back to the commission as a public hearing item. A. Case No. CyZ 90-11 - CITY OF PALM DESERT, Applicant Request for adoption of a resolution recommending to city council approval of a Negative Declaration of Environmental Impact and prezoning of the propertynorth ' of Country Club Drive, west of Washington Street, south of the railway right-of-way to the existing city limit for the purpose 8 MINUTES PALM DESERT PLANNING COMMISSION SEPTEM0ER 18, 1990 ' of facilitating annexation of the area to the city. A�1�ig[L: Moved by Commissioner Downs, seconded by Commissioner Jonathan , approving the findings as presented by staff. Carried 4-0-1 (Commissioner Richards abstained ) . Moved by Commissioner Downs, seconded by Commissioner Jonathan, adopting Planning Commission Resolution No. 1472, recommending approval of C/Z 90-11 to city council . Carried 4-0-1 (Commissioner Richards abstained ) . B. Case Nos. GPA 90-2, C/Z 90-7, PP 90-13 - DSL SERVICE COMPANY, Applicant Request for amendment to the adopted August 21 . 1990 meeting minutes relating to the aforementioned case. Mr. Diaz explained that OSL was requesting amendment to the August 21 , 1990 meeting minutes as indicated in their letter of September 10, 1990. Staff felt the minutes that were approved had a clear record as to the action taken and what was done and the petitions were mentioned, although not attached as an exhibit. Staff indicated that verbatim minutes could be provided for a fee if the applicant so wished. Mr. Diaz also noted that staff was waiting to hear from the applicant as to whether a staff person should be present at the meeting between the applicant and adjacent residents. Commissioner, Jonathan concurred with Mr. Diaz's recommendation and felt that the minutes were substantively correct . Commissioner Erwood agreed. Moved by Commissioner Downs, seconded by Commissioner Jonathan, by minute motion found the August 21 , 1990 minutes to be substantively correct and denied the amendment request by minute motion. Carried 4-0-1 (Commissioner Richards abstained ) . IX. ORAL COMMUNICATIONS MR. SANDY BAUM addressed the commission and indicated that %Raw the oral communications section on the agenda should be at 9 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 10, 1990 � % � %moo both the beginning and end of the agenda, or, paragraph B should be eliminated from the agenda. After discussion between staff and the commission, staff was directed to removed paragraph number B under oral communications from the agenda. X. COMMENTS Commissioner Jonathan asked when staff would have the Cook Street parking/conversion of warehouse space to offices report. Mr. Diaz indicated that staff would now be able to begin working on that report with the additional staff that had been added to the department. XI . ADJOURNMENT Moved by Commissioner Downs, seconded by Commissioner Richards, ad`journing the meeti 5 eting was adjourned at 8: 45 p. m. 1« � ' RAMON A. DIAZ, Secu��ary �� ATTEST: �� ...�...��_�� CAROL WHITLOCK, Chairperson /tm � 10