HomeMy WebLinkAbout0115 MINUTES
PALM DESERT PLANNING COIrII�iISSION MEETING
TUESDAY - JANUARY 15, 1991
7:00 P.M. - CIVIC CENTER COUNCIL CHAMHER
73-510 FRED WARING DRIVE
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� I. CALL TO ORDER
Chairperson Whitlock called the meeting to order at 7:03 p.m.
II. PLEDGE OF ALLEGIANCE
Chairperson Whitlock led in the pledge of allegiance.
III. ROLL CALL
Members Present: Carol Whitlock, Chairperson
Rick Erwood
Sabby Jonathan
Jim Richards (arrived after adoption of
the minutes)
Members Absent: Bob Downs
Staff Present: Ray Diaz
Kandy Allen
Gregg Holtz
Phil Drell
Jeff Winklepleck
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Tonya Monroe
IV. APPROVAL OF MINUTES:
Consideration of the December 18, 1990 meeting minutes.
Action:
Moved by Commissioner Jonathan, seconded by Commissioner
Erwood, approving the minutes as submitted. Carried 3-0.
V. SIJMI►SARY OF COUNCIL ACTION
Mr. Diaz summarized pertinent January 10, 1991 city council
actions.
VI. CONSENT CALENDAR
A. Case No. PP 89-24 - GUY EVANS, Applicant
Request for a first, one-year time
extension for an industrial warehouse
pro�ect at 42-600 Beacon Hill .
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B. Case No. TT 23148 - SHACO, INC. , Applicant
Request for approval of a second, one-year ""'�
time extension for a 15 lot subdivision
for property located on Edgehill .
C. Case No. PMW 90-14 - ALACANO ENTERPRISES, Applicant
Request for approval of a lot line
ad�ustment to adjust the west property
line of Lot 8, Tract 24591 to accommodate
the existing building.
D. Case No. PMW 90-16 - DAVID FREEDMAN � CO. , Applicant
Request for approval of a lot line
adjustment for parcels 2 and 3 of Parcel
Map 18403 and a portion of the easterly
990 feet of the southeast one-quarter of
Section 33.
It was noted that item B was placed on the agenda in error
since plans had been submitted to the public works department
and no extension was necessary.
Action•
Moved by Commissioner Jonathan, seconded by Commissioner "'r
Erwood, approving the consent calendar by minute motion.
Carried 4-0.
VII. PUBLIC HEARINGS
A. Continued Case Nos. PP 90-25/PM 26702 - SMITH PARTNERS,
Applicants .
Request for approval of a negative
declaration of environmental impact, a
parcel map splitting 1.33 acres into four
individual parcels, and a precise plan to
allow construction of four freestanding
concrete tilt-up industrial buildings on
individual parcels at 42-060 Beacon Hill.
The applicant withdrew the request.
Action:
No further commission action was needed.
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B. Continued Case No. CUP 90-22 - CLAUDIA HAMBURGER,
Applicant
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Request for approval of a conditional use
permit to allow an outdoor magazine and
newsstand located at the northwest corner
of San Pablo and Highway 111/Palm Desert
Drive or at 73-111 E1 Paseo in the
breezeway between the Galleria and
Elegante.
Staff explained that the applicant was requesting a
continuance to February 5.
Chairperson Whitlock opened the public testimony and asked if
anyone wished to address the commission. There was no one.
Action•
Moved by Commissioner Richards, seconded by Commissioner
Jonathan, continuing CUP 90-22 to February 5, 1991 . Carried
4-0.
C. Case No. CUP 90-12 Amendment 1 - HARRY LIOSIS, Applicant
Request for approval of a 21,440 square
"" foot two story commercial building with
a parking modification northwest of
Highway 111 and Deep Canyon Road.
Mr. Diaz outlined the salient points of the staff report. He
indicated that staff and the applicant felt that agreements
and conditions should be resolved before the public hearing.
Chairperson Whitlock opened the public testimony and asked if
anyone present wished to speak in favor or opposition to the
proposal.
MR. BERNARD LEUNG, pro�ect architect, explained that
after discussion with staff and engineering, there were
some items that needed to be resolved. He requested a
continuance to a date uncertain.
Action•
Moved by Commissioner Richards, seconded by Commissioner
Erwood, approving a continuance to a time uncertain CUP 90-12
and directing staff to re-advertise the public hearing.
Carried 4-0.
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D. Case No. CUP 90-23 - DESERT FOOD DEVELOPMENT INC. ,
Applicant
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Request for approval of a conditional use
permit for a 2020 square foot restaurant
with on-site beer, wine, and spirits
service in the Colonnade shopping complex
at 73-375 E1 Paseo.
Mr. Winklepleck outlined the salient points of the staff
report and recommended approval.
Chairperson Whitlock opened the public testimony and asked if
the applicant wished to address the commission.
MR. KEN JANEGAN, KC Associates, indicated that he was the
architect for the pro�ect; he stated that the project
would be an upscale continental dinner house.
Chairperson Whitlock asked if anyone present wished to speak
in FAVOR or OPPOSITION to the proposal.
MR. FRANCO SPANELLI, President of Desert Food Development
Znc. , informed commission that this would be a top
quality facility.
Chairperson Whitlock closed the public testimony. �
Action•
Moved by Commissioner Richards, seconded by Commissioner
Jonathan, approving the findings and presented by staff.
Carried 4-0.
Moved by Commissioner Richards, seconded by Commissioner
Jonathan, adopting Planning Commission Resolution No. 1487,
approving CUP 90-23, sub�ect to conditions. Carried 4-0.
E. Case No. TT 26647 - JOHN AND SEAN KEARNEY, Applicants
Request for approval of a 20 lot single
family subdivision north of Hovley Lane -
150 feet east of Meadow Lane.
Mr. Diaz outlined the salient points of the staff report and
recommended approval . Mr. Diaz clarified the amount of
setbacks.
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PALM DESERT PLANNING COI�iISSION
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Chairperson Whitlock opened the public testimony and asked if
the applicant wished to address the commission. He did not.
"'� Chairperson Whitlock asked if anyone present wished to speak
in FAVOR or OPPOSITION to the proposal .
MR. JOHN BROWNE, 40-640 Meadow Lane, indicated that most
of his questions had been answered. He was not in favor
of two story. He noted a problem in their area from
another pro�ect with dust and trucks; he felt that more
consideration should be given to the citizens.
MR. ROBERT BASS, 40-588 Meadow Lane, stated that he was
pleased with the proposal and asked when it would be
built.
MR. KEARNEY, the applicant, stated that they plan to
.begin in four months and completion date would be near
the end 1991.
Chairperson Whitlock closed the public testimony.
Action•
Moved by Commissioner Jonathan, seconded by Commissioner
Richards, approving the findings as presented by staff.
Carried 4-0.
"�' Moved by Commissioner Jonathan, seconded by Commissioner
Richards, adopting Planning Commission Resolution No. 1488,
approving TT 26647, subject to conditions. Carried 4-0.
F. Case Nos. PP 90-26, VAR 90-7, GPA 90-4, C/Z 90-14 -
ACACIA PARTNERS, Applicant
Request for approval of a General Plan
amendment and change of zone from low
density single family residential to
professional office, O.P. zone; precise
plan and setback variance for a 14, 000
square foot office building on the south
side of Fred Waring Drive between Acacia
Drive and San Luis Drive.
G. Case Nos. PP 90-28, VAR 90-8, GPA 90-4, C/Z 90-14 - PEGGY
AMES, Applicant
Request for approval of a Negative
Declaration, General Plan amendment and
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change of zone from low density
residential R-1 to Office Professional �..,r
(O.P. ) , a precise plan and front setback
variance for a 6450 square foot office
building at the southeast corner of Fred
Waring Drive and Acacia Drive.
Mr. Drell stated that the public hearing items F and G should
be conducted simultaneously and outlined the salient points
of the staff reports. Staff felt that to be consistent with
past policy only those parcels fronting on Fred Waring should
be allowed for offices. He indicated that the third lot only
accounted for 29� of the ground area and reduced the remaining
buildable lot to 48$. Staff recommended the change of zone
for the Fred Waring lots only. Mr. Drell indicated that
assuming the change of zone were resolved, there were separate
unresolved issues regarding the Acacia Partners precise plan.
He noted that the applicant was requesting two variances. He
stated that the architectural commission reviewed the plan and
had concerns with the architecture and footprint; they also
felt more variation and setback needed to be created. Mr.
Drell indicated that if the commission concurred that zoning
should be limited to Fred Waring, then the precise plan could
not be approved and a resolution of denial was included with
the report. He indicated the Ames pro�ect met all the
standards of the office professional zoning and was designed �
with the two-three foot setback front variance request.
Commissioner Richards concurred with staff that the commission
was hesitant to move down a residential street. He did not
feel that the use of the Acacia lots was appropriate.
Chairperson Whitlock opened the public testimony and asked if
the applicants wished to address the commission.
MR. RAY PATSCHECK, Acacia Partners, stated that he was
surprised by staff' s recommendation. He felt the
proposal was consistent with what the city wanted. He
indicated that the possibility was discussed of obtaining
the lot and used for parking. He stated that they did
not need as many parking spaces and the side yard
variance would not be required.
MR. DON WOODMAN, realtor working with Mr. Cordero,
informed commission that they heard only today that it
would not be a good idea. He indicated that they were
trying to get the rezoning, but were told they needed a
specific plan. He said they spent many months working
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with the developer and they had developed this proposal
,.,., in March of last year. He felt that to go through ten
months and now be told that one parcel could not be
considered was "ludicrous" .
Chairperson Whitlock asked if anyone wished to speak in FAVOR
or OPPOSITION to the proposal.
MR. PHIL NETTLEY, 44-112 Acacia, behind the Darr Eye
Clinic, stated that he was pleased by Commissioner
Richards comments. He did not want to create a precedent
and expressed concerns that office professional would
encroach into residential areas, the blocking of views,
adequate buffers, and traffic. He stated that if a
buffer was created, he would like consideration given to
ingress/egress. He stated that he was in favor of the
Ames building.
MR. RICHARD FISCHER, 75-110 St. Charles, architect for
the Ames building, stated that the owners were present.
He stated that they had architectural commission approval
for the new design and felt it would be an asset to the
corner and the Darr building.
MS. PEGGY AMES and MR. JEFF LZLY, applicants, stated that
�,,, it was their intent to have a first class building.
Mr. Drell also noted that a letter had been received by the
resident of 44-164 Acacia in opposition because of the
entrances and traffic onto residential streets.
Chairperson Whitlock closed the public testimony.
Commissioner Richards felt that the two issues should be
separated and suggested going back to the drawing board with
the developer and forming a committee that he would be willing
to serve on to resolve these issues. He indicated that a
compromise needed to be reached. He recommended approval of
the Ames proposal and continuance to a date certain for Acacia
Partners.
Commissioner Jonathan concurred. Commissioner Erwood felt the
third lot on Acacia was not necessary. He felt that even as
a parking lot it would be a ma�or intrusion on the
neighborhood. Commissioner Jonathan stated that he was
concerned about: 1 ) intrusion from the Acacia lot into the
residential area; 2 ) the site setback variance was not
�ustified; and 3 ) the design was not appropriate. He felt
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that a two story use in this location was inappropriate and
should be made less imposing. �
Chairperson Whitlock reopened the public testimony for PP 90-
26, VAR 90-7, GPA 90-4 and the Change of Zone.
Action•
Moved by Commissioner Richards, seconded by Commissioner
Erwood, continuing PP 90-26, VAR 90-7, GPA 90-4 and Change of
Zone to February 19, 1991 .
Action•
Moved by Commissioner Richards, seconded by Commissioner
Erwood, approving the findings as presented by staff. Carried
4-0.
Moved by Commissioner Richards, seconded by Commissioner
Erwood, adopting Planning Commission Resolution No. 1489,
recommending approval of PP 90-28, VAR 90-8, GPA 90-4, and C/Z
90-14 to city council. Carried 4-0.
H. Case No. TT 26757 - SUNRISE DESERT PARTNERS, Applicant
Request for approval of a tentative tract
map for a subdivision of 18 lots for �
financial purposes only, located in the
PR-5 zoned property south of Country Ciub
Drive, east of E1 Dorado, north of 42nd
Avenue and west of Oasis Club Drive.
Mr. Smith outlined the salient points of the staff report and
noted that the city attorney indicated that this was not a
pro�ect for purposes of CEQA. Staff indicated that this
tentative tract map was for financial purposes only and
recommended approval.
Chairperson Whitlock opened the public testimony and asked if
the applicant wished to address the commission.
MR. ALAN LEVINE, Vice President of Sunrise, 42-600 Cook
Street, informed commission that he was present to answer
any questions.
Chairperson Whitlock asked if anyone wished to speak in FAVOR
or OPPOSITION to the proposal. There was no one and the
public testimony was closed.
Action:
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PALM DESERT PLANNING COMMZSSION
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Moved by Commissioner Erwood, seconded by Commissioner
� Richards, approving the findings and presented by staff.
Carried 3-0-1 (Commissioner Jonathan abstained) .
Moved by Commissioner Erwood, seconded by Commissioner
Richards, adopting Planning Commission Resolution No. 1490,
approving CUP 90-23, subject to conditions. Carried 3-0-1
(Commissioner Jonathan abstained) .
I. Case No. ZOA 90-5 - CITY OF PALM DESERT, Applicant
Request for consideration of an amendment
to the zoning ordinance to delete
"supermarkets" in excess of 20,000 gross
square feet as permitted uses in the
regional commercial PC(3) zone.
Mr. Smith outlined the salient points of the staff report.
He explained that the amendment would require a super market
in the PC(3 ) zone to be greater than 20,000 square feet. He
indicated that this would go to city council for adoption.
After questioning, Mr. Smith explained that there was zoning
available in the north sphere, but none on Highway 111. He
� indicated that this amendment could effect Von' s in the event
that it was destroyed.
Chairperson Whitlock o ened the public testimony and asked if
anyone wished to speak in FAVOR or OPPOSITION to the
amendment. There was no one and the public testimony was
closed.
Action:
Moved by Commissioner Richards, seconded by Commissioner
Jonathan, approving the findings as presented by staff.
Carried 4-0.
Moved by Commissioner Richards, seconded by Commissioner
Jonathan, adopting Planning Commission Resolution No. 1491,
recommending approval of ZOA 90-5 city council. Carried 4-0.
VIII. MISCELLANEOUS
None.
IX. ORAL COIrIIrIUNICATIONS
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None. �
X. COMMENTS
Commissioner Richards commented on the memorandum from public
works regarding the resolution of the fence problems that had
occurred with the development of the golf course project in
the wash.
XI. ADJOURNMENT
Moved by Commissioner Jonathan, seconded by Commissioner
Richards, ad�ourning the meeting. Carried 4-0. The ting
was adjourned at 8:30 p.m. A
RAM N A. DIAZ, ec ary
ATTEST:
����� �
CAROL WHITLOCK, Chairperson „r,
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