HomeMy WebLinkAbout0702 MINUTES
PALM DESERT PLANNING COMMISSION MEETING
TUESDAY - JULY 2, 1991
7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER
73-510 FRED WARING DRIVE
.A. I. CALL TO ORDER
Chairperson Whitlock called the meeting to order at 7:02 p.m.
II. PLEDGE OF ALLEGIANCE
Chairperson Whitlock led in the pledge of allegiance.
III. ROLL CALL
Members Present: Carol Whitlock, Chairperson
Bob Downs
Rick Erwood
Jim Richards
Members Absent: Sabby Jonathan
Staff Present: Ray Diaz Phil Drell
Kandy Allen Dick Folkers
Jeff Winklepleck Tonya Monroe
IV. APPROVAL OF MINUTES:
Consideration of the June 18, 1991 meeting minutes.
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Action:
Moved by Commissioner Downs, seconded by Commissioner Erwood,
approving the June 18, 1991 meeting minutes as submitted.
Carried 4-0.
V. SUMMARY OF COUNCIL ACTION
Mr. Diaz indicated there were no items before city council on
June 27 directly related to planning commission decisions.
VI. CONSENT CALENDAR
None.
VII. PUBLIC HEARINGS
A. Continued Case No. PP/CUP 91-4 - JOHN CANAVAN, Applicant
Request for approval of a Negative
Declaration of Environmental Impact and
precise plan/conditional use permit to
allow construction of a two story 6876
square foot office project with a maximum
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of 2200 square feet of medical offices at
73-929 Larrea Street in the R-3 zone.
Mr. Winklepleck reviewed the background of the case and
indicated that the applicant received approval from the Palm
Desert Property Owners Association' s Architectural Committee.
Chairperson Whitlock opened the public testimony and asked the
applicant to address the commission.
MR. CHRIS MCFADDEN, 44-850 Las Palmas Suite A in Palm
Desert, submitted photographs to the commission of other
two story developments in the area that were similar to
the proposal.
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:
Moved by Commissioner Downs, seconded by Commissioner Erwood,
approving the findings as presented by staff. Carried 4-0.
Moved by Commissioner Downs, seconded by Commissioner Erwood,
adopting Planning Commission Resolution No. 1520, approving
PP/CUP 91-4, subject to conditions. Carried 4-0.
B. Case No. RV 91-2 - JAMES ARMSTRONG, Applicant
Request for approval to park a
recreational vehicle in the front yard
area on private property at 72-868 Skyward
Way.
Mr. Diaz stated that this item was before the commission as
a result of the recreational vehicle ordinance that required
that the director hold a hearing and if even one letter of
opposition was received the matter would be sent to the
planning commission for hearing. He noted that there were
letters in opposition and letters in favor; staff felt the
work Mr. Armstrong did to screen his vehicle on Skyward, with
most of the letters in favor being from neighbors on Skyward
that were directly affected, the proposal should be approved.
Staff indicated that if planning commission denied this
request, the city might as well amend the ordinance and
eliminate it. He felt that Mr. Armstrong did a good job of
screening and recommended that staff be instructed to prepare
a resolution of approval.
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Chairperson Whitlock opened the public hearing and asked the
applicant to address the commission.
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MR. JIM ARMSTRONG submitted two additional letters and
some pictures. He informed commission that he had lived
in this location since 1973 and had the motor home parked
there since 1978. He said it was never his intent to
create or maintain an eyesore. He indicated that he
immediately put in lattice work and planted shrubs to
screen the lattice-work. He stated that he had since
replaced this with a block wall and iron gates with
decorative lanterns on top. He installed these
improvements before any ordinance was enacted. He noted
that in the staff report there was only one objection
from neighbors on Skyward and did not feel that the one
neighbor objecting could see the coach from her front
yard or any yard, but had to walk into the street to be
able to see it. He stated that the only other objections
were from people who lived as far away as two streets.
Mr. Armstrong said that he had letters of approval from
all the neighbors most directly effected--those directly
across the street. He did not feel it was the intent of
the steering committee to include all residents within
the 300 foot radius. He felt the intent was to notify
residents within 300 feet up and down the street. He
felt he complied with the provisions of the ordinance,
low but if there was anything lacking, he requested the
opportunity to bring the site into compliance.
Chairperson Whitlock asked if anyone present wished to speak
in FAVOR or OPPOSITION to the proposal.
MS. JEAN MICHAEL, 72-848 Skyward Way, informed commission
that she bought her home in November of 1973 and at that
time she told her real estate agent that she did not want
to buy a home next to anyone with a motor home and it
was specified in the CC&R' s that there were not be any
motor homes. She indicated that the provision for no
recreational vehicles ran out in 1978 or 1979 and felt
that Mr. Armstrong had parked his motor home there before
the CC&R' s ran out. She felt that he did a good job of
screening, but it could still be seen. She informed
commission that she has had trouble selling her home
because potential buyers didn't want to locate next to
a "used car lot and motor home" . She indicated that she
had a potential buyer that was a mortgage broker, but he
felt it would depreciate the property down too much and
he would not buy unless something was done.
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PALM DESERT PLANNING COMMISSION
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Chairperson Whitlock closed the public testimony.
Commissioner Richards felt that Mr. Armstrong' s screening
should be the model for the statute. He noted that he lives
one street away and that on his street there were two
properties that had done the same thing and while he
sympathized with Ms. Michaels, there might be many reasons why
someone might not be able to sell a home. He felt that Mr.
Armstrong did an excellent job of being empathetic to his
neighbors and felt that the intent of the ordinance was met.
Chairperson Whitlock concurred and felt the recreational
vehicle was tastefully screened.
Commissioner Downs stated that he had no problem with the
request and noted that he was a member of the committee and
felt this was a model of what they tried to do.
Action•
Moved by Commissioner Richards, seconded by Commissioner
Erwood, instructing staff to prepare a resolution of approval
for adoption at the next meeting. Carried 4-0.
C. Case No. CUP 91-12 - BOB SIPOVAC, Applicant
Request for approval of a conditional use .ram
permit for an 800 foot expansion of an
existing 800 square foot restaurant/deli
at 73-540 Highway 111 .
Mr. Drell outlined the salient points of the staff report and
recommended approval .
Chairperson Whitlock opened the public testimony and asked the
applicant to address the commission.
MR. BOB SIPOVAC, applicant, stated that he had been in
business in this area for a while and indicated he had
a customer following from all over Southern California.
He indicated that his business was doing well but he
would like additional space for customer convenience and
a cold storage walk-in facility and service bar.
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.
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PALM DESERT PLANNING COMMISSION
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Action:
Moved by Commissioner Downs, seconded by Commissioner
Richards, approving the findings as presented by staff.
Carried 4-0.
Moved by Commissioner Downs, seconded by Commissioner
Richards, adopting Planning Commission Resolution No. 1521,
approving CUP 91-12, subject to conditions. Carried 4-0.
D. Case No. PP/CUP 89-3 Amendment - CUSACK RADAKER
DEVELOPMENT, INC. , Applicant
Request for approval of a precise
plan/conditional use permit amendment for
a 70, 000 square foot office/restaurant
complex on 4.7 acres at the southeast
corner of E1 Paseo and Highway 111.
Mr. Drell stated that this was a previously approved plan and
the proposal had received approval from the architectural
commission. He stated that there were two changes from the
original project: 1 ) architecture, and 2 ) the site plan.
Commission and staff discussed access issues and problems with
Caltrans, as well as requiring reciprocal access to the
easterly property.
Chairperson Whitlock opened the public testimony and asked the
applicant to address the commission.
MR. BILL CUSACK, Cusack/Radaker Development, stated that
they talked to the adjacent property owners and did not
have a problem with an additional condition that at any
time those property owners incorporate into the
superblock, they could have ingress and egress through
the entrance to their project. He felt that would be
better for both projects.
After further discussion, commission determined that a
continuance was in order to allow the applicant to submit
revised plans showing how the proposed plan related to the
ultimate development of the superblock to include potential
for development and access for the remaining parcels to the
east, and come back at the next meeting.
Chairperson Whitlock asked if anyone wished to speak in FAVOR
or OPPOSITION to the proposal .
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PALM DESERT PLANNING COMMISSION
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MR. JOHN WALLING, project architect, stated that in
regard to the footprint, he felt parking should be in the ,
rear to hide it and parking demand was generated by who
was using the building regardless of where it was
located. He felt that even with exposing the building,
there was a minor amount showing, which was better than
a sea of parking. He also suggested that in order to
mitigate the problem with the property to the east, they
could condition the project that the access be granted
at a future date as deemed necessary to facilitate
circulation from the east property.
Commissioner Richards asked if the applicant felt it was a
positive or negative to have access on Panorama; Mr. Walling
felt that from an architectural standpoint it was an
advantage. Mr. Cusack did not feel there was a strong impact
either way. Commissioner Richards stated that his initial
concern with the footprint was due to taking up the corner and
the blocking off of the other building and would have
preferred to have seen the building backed up, but
acknowledged it probably couldn' t be done. Mr. Cusack noted
that the property to the south, east and part of the west was
residential and he had always felt that commercial uses should
be kept as far away as possible from residential.
Commissioner Richards felt a continuance to allow the
applicant to provide revised plans.
Action•
Moved by Commissioner Richards, seconded by Chairperson
Whitlock, continuing PP/CUP 89-3 Amendment to July 16, 1991.
Carried 4-0.
E. Case No. PP 91-5 - URRUTIA ARCHITECTS (FOR GTE) ,
Applicant
Request for approval of a negative
declaration of environmental impact and
precise plan of design to allow
construction of a 672 square foot
telephone switching building on a 1 +/-
acre site 1261 feet north of Gerald Ford
Drive and 660 feet east of Monterey
Avenue.
Mr. Diaz outlined the salient plans of the report, explained
that the proposal had received architectural commission
approval and recommended approval. :!
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PALM DESERT PLANNING COMMISSION
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Chairperson Whitlock felt more landscaping was needed and
opened the public testimony.
MR. RICK LOPEZ, project architect from Urrutia
Architects, indicated that the architectural commission
did review the project and suggested two additional trees
on the west side that were not reflected on the plan on
display. He noted that there was a problem with blow
sand and felt not many trees could withstand the constant
wind. He stated that the project would be an unmanned,
remote monitored facility with no restroom facilities.
He informed commission that he did not have a problem
with conditions listed by staff. He stated that in
discussion with Edison they would provide power but they
would like to bring it on the existing power poles that
fronted on Gerald Ford and install an under-build or
below the existing cross ties. To go underground would
be an extraordinary expense. He indicated that Edison
would do this but they wanted a letter from the city to
either Urrutia Architects, GTE or directly to Edison to
allow them to do this.
Commissioner Richards stated that the only way it could be
done would be on a conditional basis and the moment the first
building went up in the same block, everything would go
.► underground.
Mr. Diaz indicated that there was a problem with the
undergrounding nexus and assessment districts for
undergrounding. Staff recommendation was that the lines be
undergrounded and the applicant could appeal the condition to
city council. Commissioner Downs concurred.
Commissioner Richards noted that the same conditions were
imposed on private developers and did not know if it was fair
in either case.
MR. FRANK URRUTIA addressed the commission and informed
them that they were planning to underground the lines
from the road back to the building and had always planned
to do that. The only concern they had was bringing power
to the site. He noted there was power out there but they
could not use it because it was high voltage. He said
there were two ways to bring in power they could use:
1 ) underground from Frank Sinatra; or 2 ) bring it
overhead by adding on to the existing high voltage
system. He stated that it was very expensive either way
in that installing overhead system would be approximately
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PALM DESERT PLANNING COMMISSION
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$200, 000. Edison was willing to do that and GTE was
willing to pay for that because it was the only way to
bring power to the site. He indicated that all they were
proposing to do was utilize the existing high voltage
lines and add an additional wire to the pole system and
once , it got to the ingress/site, it would be
undergrounded the approximate 1230 feet to the building.
Commissioner Downs asked why they couldn' t do this from the
transformer and undergrounded all the way. They would come
off the high voltage overhead to the site, then put it
underground and transform it there, then why couldn' t they do
it all the way from the main pole. Mr. Lopez stated that
Edison has 150 KV line running through there and it would have
to be run through a substation, not just a transformer, to get
it to the area. He noted that Edison has a plan for 1996 to
acquire property, approximately three to four acres, and put
in a substation that would eventually feed all the proposed
development in this area. He indicated that GTE has a mandate
from the PUC to provide telephone service now with the intent
to go on-line with phone service in January of 1992. Edison
proposed to go back onto Portola, which has the requisite 12
KV lines, and bring that up north Portola and westerly on
Gerald Ford to the closest utility line and from there take
it underground and then take it into the property where they
will take it underground and transform it to the 12 KV to use
it onsite. He stated that the 150 KV was too high a voltage
to transformer down. He indicated that Edison said it would
cost $1 million per mile to underground the 150 KV, which they
will have to do when the area develops.
Commissioner Downs felt that the lines should be
undergrounded. Commissioner Richards stated that the planning
commission did not have the ability to waive undergrounding;
that would have to be done by the city council. Mr. Diaz said
that the undergrounding would be required and the applicant
could appeal the decision.
Mr. Urrutia asked for and received clarified that it was
a procedural matter and the condition could be appealed
to council. Mr. Urrutia noted that as a member of the
architectural review commission they discussed the
landscaping and the impact in the future and indicated
that it was felt that while they could provide a certain
amount of landscaping within the project, because of
where it was located and it being eventually being
encompassed by future development, that future
development ' s landscaping would mitigate it better
because of the perimeter walls. He stated that the site
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slopes rapidly and when entering the site it slopes on
a rapid downward slope and the building was down lower.
Chairperson Whitlock closed the public testimony.
Commissioner Richards stated that he would move for approval
with the requirement that the undergrounding be done all the
way.
Action:
Moved by Commissioner Richards, seconded by Commissioner
Downs, approving the findings as presented by staff. Carried
4-0.
Moved by Commissioner Richards, seconded by Commissioner
Downs, adopting Planning Commission Resolution No. 1522,
approving PP 91-5, subject to conditions as amended. Carried
4-0.
VIII. MISCELLANEOUS
A. Request by the Coachella Valley Water District to
construct three booster stations and an associated 24-
inch underground pipeline.
Mr. Diaz explained that CVWD was requesting to construct three
booster stations and an associated 24-inch underground
pipeline. After discussion, commission determined that the
three booster stations to be acceptable, subject to them being
undergrounded.
Action:
Moved by Commissioner Downs, seconded by Commissioner Erwood,
approving the construction of the three booster stations,
subject to them being undergrounded. Carried 4-0.
IX. ORAL COMMUNICATIONS
None.
X. COMMENTS
Commissioner Downs commented on the noticing of the 300 foot
radius for recreational vehicle use requests.
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PALM DESERT PLANNING COMMISSION
JULY 2, 1991
Commissioner Richards felt that insufficient landscaping was
provided in the parking lot area of the Columbia Center. Mr.
Diaz stated that it would be reported to the code department.
XI. ADJOURNMENT
Moved by Commissioner Downs, seconded by Commissioner
Richards, adjourning the meeting to July 16, 1991 . Motion
carried 4-0. The meeting was adjourned at 8:30
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RAM ON A. DIAZ,• S c ary
ATTEST:
4-4Z
CAROL WHITLOCK, Chairperson
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