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HomeMy WebLinkAbout1015 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - OCTOBER 15, 1991 7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE I. CALL TO ORDER Chairperson Whitlock called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Downs led in the pledge of allegiance. III. ROLL CALL Mr. Drell noted that new Planning Commissioner Bob Spiegel had been sworn in on October 10 by the Deputy City Clerk in Mr. Diaz ' s office. Members Present: Carol Whitlock, Chairperson Bob Downs Sabby Jonathan Bob Spiegel Jim Richards Members Absent: None Staff Present: Phil Drell Gregg Holtz Bob Hargreaves Tonya Monroe IV. APPROVAL OF MINUTES: Consideration of the October 1, 1991 meeting minutes. Action• Moved by Commissioner Downs, seconded by Commissioner Richards, approving the October 1, 1991 meeting minutes as submitted. Carried 3-0-2 ( Chairperson Whitlock and Commissioner Spiegel abstained) . V. SUMMARY OF COUNCIL ACTION Mr. Drell summarized pertinent October 10, 1991 city council actions. VI. CONSENT CALENDAR A. Case No. PP 90-17 - FOXX AND ASSOCIATES, Applicant Request for approval of a first one year time extension for a precise plan for a 4800 square foot office building on the south side of Fred Waring Drive, 200 feet �... east of Monterey. MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 1991 B. Case No. PP/CUP 90-11, PMW 90-10 - FOXX AND ASSOCIATES, Applicant .� Request for approval of a first one year time extension for a precise plan and conditional use permit for a 13, 000 square foot office building at the southeast corner of Fred Waring Drive and San Anselmo Avenue. C. Case No. PP 89-8 - MIKE FEDDERLY, Applicant Request for a second one year time extension for an office project on Fred Waring Drive, across from the Bob Hope Cultural Center. Action: Moved by Commissioner Downs, seconded by Commissioner Richards, adopting the consent calendar by minute motion. Carried 5-0. VII. PUBLIC HEARINGS None. ..rt VIII. MISCELLANEOUS A. Adoption of Resolution for Richard Erwood. Adoption of a resolution of commendation for presentation at the November 5, 1991 meeting for Richard Erwood. Action: Moved by Commissioner Downs, seconded by Commissioner Jonathan, adopting Planning Commission Resolution No. 1539, commending Richard Erwood for his service on the Palm Desert Planning Commission. Carried 5-0. B. Case Nos. DA 88-1, PP/CUP 89-18 - CABLE AND RYLEE, Applicant Review of a senior housing development agreement involving a senior housing project on the north side of Catalina Way west of the Joslyn Cove Senior Center. r 2 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 1991 Mr. Drell outlined the salient points of the staff report. He stated that the developer had never been able to obtain construction financing and felt that 33 months was sufficient time for the developer to demonstrate his ability to do the project. Staff ' s recommendation was that planning commission recommend to city council termination of the development agreement as a public hearing item. Chairperson Whitlock noted the present economic situation and asked if this action was premature, or if there was pressure to provide the affordable senior housing. Mr. Drell indicated that there was pressure to provide the housing. He informed commission that when this project was approved in 1989, there were immediately 200 qualified applicants. He stated that the city spent $570, 000 to buy the land and there was a definite buyer. Chairperson Whitlock asked what the process would be to select a new developer. Mr. Drell indicated that it would be advertised through an RFP (request for proposals) . He stated that Mr. Rylee took the initiative and had assured the city that he could do this project quickly. Mr. Drell again noted that the land was free and there was a guaranteed buyer. Commissioner Jonathan commented that having been a member on y a board for a bank, he found it inconceivable that even someone with flimsy credit couldn' t get a loan for a project with a guaranteed buyer. Mr. Drell indicated that the hearing before the city council would be one month away. If Mr. Rylee showed up with his creditor and could begin construction immediately, the council might be satisfied. Commissioner Richards asked about other alternatives that could be done legally, noting there was a development agreement which the developer failed to deliver on and asked counsel what the commission could do so that they would not be liable for damages. Mr. Hargreaves stated that the agreement specifically called out the procedures and remedies, which he felt very comfortable with. Commissioner Richards asked what the consequences would be in reviewing the plan with the idea in mind of substituting the developer and keeping the same plan. Mr. Hargreaves indicated that the city would probably want to put out request for proposals to see what people came up with. He also noted that there was a clause in the agreement that would allow it to be assigned with permission of the city council . Mr. Drell indicated that the developer owned the plans, which he could sell . He also indicated that there was a section in the development +r.r agreement that states, "In no event shall Developer be 3 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 1991 entitled to any damages against the City upon modification, termination of this Development Agreement or exercise by City of its rights under this Development Agreement. " If the city could make a reasonable case that Cable & Rylee have not performed, he felt under the agreement the city was not subject to damages. Commissioner Richards agreed with comments by Commissioner Jonathan and indicated that the only reason he could think of that banks would not grant a loan would be because of poor credit. He felt the developer must have some problems and clarified that this would allow other developers to get into the arena. Mr. Drell stated that the agreement would be terminated, but Mr. Rylee would have the ability to re-enter along with anyone else and he would have the advantage of having the plans done and working drawings already reviewed by the building department. Chairperson Whitlock asked if he would have to re-pay fees; Mr. Drell replied yes. Commissioner Richards noted that the developer was given the right to build units in excess of what would normally have been allowed. Commissioner Richards clarified that the plan was to terminate the agreement if the council and staff felt comfortable. Commissioner Jonathan indicated that a while back it was decided that on future development agreements there would be a time frame built in; Mr. Drell replied yes, but stated that in this development there were some complicated time frames, but they did not specify the start date. He felt it could be argued that the development agreement was not operable because the developer never did the first thing he was supposed to. He indicated that future developers would include a start date. Commissioner Spiegel asked if anyone else had shown an interest in developing this property. Mr. Drell indicated there were some limited partners in the project who put up the money to do the planning and plans, and if they were to become more then limited partners, they might be in a position to get that financing. Commissioner Downs noted that was not a consideration as part of this discussion. Mr. Drell concurred. Commissioner Richards noted his concern regarding development agreements, especially when something went wrong. He stated that he was reluctant to allow someone to get a benefit before the city received any benefit. Chairperson Whitlock asked if anyone present wished to address the commission regarding this matter. There was no one. It 4 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 1991 was noted for the record that the applicant was not present to address the commission. Action• Moved by Commissioner Downs, seconded by Commissioner Richards, adopting the findings as presented by staff. Carried 5-0. Moved by Commissioner Downs, seconded by Commissioner Richards, adopting Planning Commission Resolution No. 1540, recommending to city council that proceedings be initiated to consider termination of Development Agreement 88-1, Ordinance No. 538 relating to the construction of low income senior housing (PP/CUP 89-18 ) . Carried 5-0. IX. ORAL COMMUNICATIONS None. X. COMMENTS The planning commission welcomed Mr. Spiegel as a member to the commission. XI. ADJOURNMENT Moved by Commissioner Downs, seconded by Commissioner Jonathan, adjourning the meeting. Carried 5-0. he meeting was adjourned at 7:26 p.m. RADON A. DIAZ, e ary ATTEST: CAROL WHITLOCK, Chairperson /tm %MW 5