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HomeMy WebLinkAbout1119 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - NOVEMBER 19, 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 Members Present: Carol Whitlock, Chairperson Bob Downs Sabby Jonathan Jim Richards Bob Spiegel Members Absent: None Staff Present: Ray Diaz Joe Gaugush Kandy Allen Tonya Monroe IV. APPROVAL OF MINUTES: Consideration of the November 5, 1991 meeting minutes. low Action• Moved by Commissioner Downs, seconded by Commissioner Spiegel, approving the November 5, 1991 meeting minutes as submitted. Carried 5-0. V. SUMMARY OF COUNCIL ACTION Mr. Diaz summarized pertinent November 14, 1991 city council action. VI. CONSENT CALENDAR None. VII. PUBLIC HEARINGS A. Case No. RV 91-4 - KENNETH W. WATERS, Applicant Request for approval to park a recreational vehicle in the front yard NNW MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 19, 1991 area on private property at 74-305 Covered Wagon Trail . Mr. Diaz informed commission that three letters in opposition and one in favor had been received. He also noted that two additional letters in favor had been received and distributed. He felt the critical issue was that this was not similar to the case where the RV was screened on all sides. This was only screened on one side. He stated that the intent of the ordinance was to allow RV' s in the residential area if they could be screened and without opposition from neighbors. He said in this particular case there was opposition. Staff recommended denial and noted that if commission concurs, this decision was appealable to the city council . Chairperson Whitlock opened the public testimony and asked the applicant to address the commission. MR. KENNETH WATERS, 74-305 Covered Wagon Trail, stated that when he purchased his home in January, 1989, he contacted city hall to see what the requirements were and at that time he was advised that as long it did not extend closer than five feet from the face of the curb that was the only requirement. Since then an ordinance was passed and he wished he could have argued in a grandfather clause. After the original meeting with Mr. �.rr Diaz they submitted an amended plan which moved the motor home to the west, which would take it off of the driveway and would allow screening on both sides and across the front. He noted that in the packet he received it included the modified request he submitted. He said that one of the reasons he wanted to leave it in the driveway originally was because to go to the west they would have to cut down a 30 year old tree. He said that they were requesting the amended version where the RV would be parked on the west side of the driveway, which could be screened on both sides and across the front. He indicated that after discussion with city hall originally, that was a consideration of the size of motor home they purchased to keep in five feet or more away from the curb, as well as a budget consideration of keeping the vehicle parked on their property and not having to pay for off-site parking. He requested approval of the application. 2 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 19, 1991 Chairperson Whitlock asked if anyone wished to address the commission in FAVOR or OPPOSITION to the proposal . There was no one and the public testimony was closed. Commissioner Spiegel felt that if the location of the motor home was approved as described, then the city might as well eliminate the ordinance. He said that he was by the home last week and saw the motor home in the driveway and the adjacent location where the intent was to put it and felt that it would be right in front of the house, or they would have to tear down a 30 year old tree. He said that he could not vote in favor of the proposal. Commissioner Downs also felt that with the way the ordinance was written, this was a classic case of "no" because there was no way to hide the vehicle. Commissioner Jonathan asked Commissioner Downs how he felt about the amended way Mr. Waters was proposing to screen it. Commissioner Downs said that it was still not appropriate. Commissioner Spiegel concurred and noted that the motor home would be five feet back from Covered Wagon Trail. Commissioner Downs noted that he and Councilmember Jean Benson were on this committee and many hours spent going over this and there was no way that he could see under present circumstances that the applicant could comply with the intent of the ordinance. Commissioner Jonathan noted that the proposal was five feet back and screened on all sides and asked if the plan was in conformity with the ordinance and if not, what were the problems. Commissioner Downs replied no. Mr. Diaz explained this was a judgement call and felt that the plan was in violation of the ordinance because the six foot screen wall was generally not high enough on the sides to hide the vehicle, but did not feel the gates were as critical as the side walls. He noted on the case that was approved there was higher planting and it was not right up against the property line. Commissioner Spiegel noted that it would be like building a house five feet from the street from an appearance standpoint. Action: Moved by Commissioner Downs, seconded by Commissioner Spiegel, instructing staff to prepare a resolution of denial for adoption at the December 3, 1991 meeting. Carried 5-0. 3 ,... MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 19, 1991 VIII. MISCELLANEOUS wo A. Case No. TT 24287 - CURT DUNHAM, Applicant Request for approval to allow two story units within an approved 37 lot single family subdivision located east of Deep Canyon Road, north of Fred Waring Drive, and more particularly described as APN 624-160-007 . Mr. Diaz outlined the salient points of the staff report. He noted in the past commission' s concern had been sideyard setbacks. He indicated that the plan meets that criteria and said there were no two story homes along Deep Canyon and would not affect adjacent properties. Mr. Diaz stated that two story homes were permitted in the planned residential zone and he felt that the proposal met the criteria. He also indicated that Mr. Victor Hasler was present and he had spoken to him before the meeting. Mr. Diaz said that Mr. Hasler was representing the Hidden Palms residents who were concerned there might be some zone change involved. Mr. Diaz said there was no zone change involved, only the changing some of the single story homes into two story ones. He also noted that Mr. Dunham was present to answer any questions. Staff recommended approval of the request. Wo Commissioner Downs asked if any two story homes were involved when this was approved originally. Mr. Diaz replied no, the developer at that time did not request them. Commissioner Spiegel asked if the property owners on either side, close to the south and north, had been notified of the two story homes. Mr. Diaz replied no. Commissioner Spiegel clarified this to mean that the owner of the date palms to the south of the property across from Moss Rose Street were not aware of the two story homes. Mr. Diaz concurred, saying that they were not, but if commission wished, the applicant could secure a letter from them. Commissioner Downs asked why this would be necessary. Commissioner Spiegel replied that if two story homes were built on the other side of Moss Rose, the view would be blocked by the two stories. 4 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 19, 1991 Commissioner Richards agreed with Commissioner Spiegel and did not like this request coming back as an amendment to add two `r story homes without benefit of reviewing the whole project, as was originally done when the project was approved. He indicated that it was reviewed as a whole project. He stated that he would be voting against the request. Chairperson Whitlock suggested continuing the item to allow the applicant to get the approval from the property owner of the vacant land. Commissioner Richards stated that would not change his vote. Commissioner Jonathan stated that he shared Commissioner Richard' s trepidation and while he did not have a fundamental objection to two story homes, he wanted to see a complete plan other than one just showing which houses would be changed to two story. He noted this was a change in style that would affect the entire project that was approved. He indicated that his other concern was the amount of sideyard setback. He felt it was more important to maintain the 20 foot setback between a two story home and a single story home because the two story would impose down onto a single story home. He stated that 20 feet should be the minimum, citing the project on Hovley that are too close together. Mr. Diaz said that the applicant could bring in elevations, he just did not want to do them before determining if the request would be considered. He recommended continuance for two weeks to allow the applicant to develop the elevations and to secure the other approvals. Commissioner Downs stated that he would like to hear from Mr. Dunham. MR. CURT DUNHAM, 339 Vereda Norte in Palm Springs, informed commission that he was not involved in the original development of the property, which was done approximately two years ago. He felt that he was living up to the zoning ordinance and indicated that it was permissible to have two story homes and did what they could to mitigate impacts by staying one block inside the property and also at the end of the cul-de-sacs there would not be two stories. He said that he could develop some elevations for the commission and would not have any objection to providing a full 20 feet between the one and two story homes. He felt there was a strong need for two 5 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 19, 1991 story homes in this area near the high school and indicated these would be good family homes with a nicer Wo rear yard, and four bedrooms and three car garages. He felt these were pluses and felt this area was appropriate for two story development. Commissioner Richards asked what the price range would be for these homes. Mr. Dunham replied $250, 000 to $300,000 range. Commissioner Spiegel asked why the homes on the north side of Coral Bells Circle were one story, while the homes on the south side of Moss Rose were two story. Commissioner Downs indicated that was also his question. Mr. Dunham replied that they made one story any home that backed up to property they would not control, the same as the property at the end of the cul-de-sacs that back up to property they did not control . Commissioner Downs asked about lots on the other side of Moss Rose; Mr. Dunham indicated that those were two story because their intent was to protect the rear yard and the ones on Moss Rose would be front yard to front yard. He felt they protected as much as they could the integrity of the one story homeowner. Commissioner Jonathan stated that the concern on Moss Rose was creating an imposing appearance onto the public streets, but felt that with the elevations, dimensions and more information before them, they could perhaps have some of their concerns allayed. He concurred that the ordinance would permit two story homes and felt that if it was handled in a sensitive manner in terms of location of the two story it would be acceptable--he just needed more information before making that determination. He felt a continuance was appropriate. It was moved by Commissioner Jonathan, seconded by Commissioner Downs, to continue this item. Commissioner Richards stated that he would like to speak to the motion. He stated that he did not have a problem with two story homes within a gated community where there were amenities and complete control--he did not like spot two story situations where there was nothing in conformity and noted the homes to the west were all one story. He felt this was supposed to be a lower cost attempt to build some houses and if the whole situation couldn't be controlled, the city should stick to one story, which was the way Palm Desert was built. He indicated he did not have an objection to the continuance. 6 Now MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 19, 1991 Action• Moved by Commissioner Jonathan, seconded by Commissioner Downs, continuing TT 24287 to December 3, 1991. Carried 5-0. Chairperson Whitlock reminded Mr. Dunham about obtaining the approval of the other lot owner regarding the two story; Mr. Dunham asked if that was the date grove on the south-- commission concurred. IX. ORAL COMMUNICATIONS MS. DANNA MAY BOWERS, 222 Tropical Park in Rancho Mirage, addressed the commission to express concern over the Eagle Mountain dump proposal. She felt that a dump at Eagle Mountain would affect Palm Desert' s streets, air quality, water, and add pollution. She said they were proposing 100 trains per day and the way it was now, the roads were really busy without this addition and what would happen if these trucks had an accident. She did not feel this was very far away for Palm Desert. She said that the valley would not be able to get their good water or air back. She indicated that in our backyard would be toxic chemicals, oil and garbage going through this area and it would ruin it. She said that she was coming to the Palm Desert Planning Commission asking for their voice to possibly say no or just think about the issue. She said that many people were just finding out about it. She noted that this desert has grown and grown and she grew up in an area of California where they used to take their trash out to an incinerator until they were told to stop to find a better way; now they were using precious land. She felt that the planning commission should say something because they were powerful people and this had to do with planning and zoning. She asked that they give a voice regarding Eagle Mountain. She said that she was a teacher and came from Orange County and had seen the detrimental effects of pollution. Mr. Diaz suggested that Ms. Bowers also contact her city council in Rancho Mirage. As far as Palm Desert was concerned, they had sent an eight or nine page letter outlining any issues and addressing concerns in the environmental impact report, among that being the hypocrisy on the Bighorn Sheep issue. He stated that he was not able to speak at the meeting last week because the applicant was still making his presentation, but would be there January 22, 7 vam MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 19, 1991 1992 outlining Palm Desert' s position and requesting that the matter be sent out again for re-review as far as the E. I.R. was concerned. As far as an official city position on the land fill, he said that was being reserved until the city' s questions on the E. I .R. were answered, and if they were not answered to the city council ' s satisfaction staff could continue to oppose it. Commissioner Spiegel asked if the commission would have any input on that issue. Mr. Diaz replied they could if they wished. He stated that he could give commission copies of the letter the city sent and a brief description of what was being proposed at Eagle Mountain, and he could have John Wohlmuth at the meeting to present that information. Commissioner Downs asked if that would allow enough time for them to give input. Mr. Diaz replied yes and stated that the city was taking an active role. Commissioner Jonathan said that he would like to see that information. Mr. Diaz indicated that if anyone wished, they could also review the environmental documents at his office. X. COMMENTS None. .r XI. ADJOURNMENT Moved by Commissioner Spiegel, seconded by Commissioner Richards, adjourning the meeting to December 3, 1991. The meeting was adjourned at 7:36 p.m. V '4 �,Vz RAMIDN A. DIAz, sFec V ary ATTEST: jo, -�LAt� CAROL WHITLOCK, Chairperson /tm 8 w