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HomeMy WebLinkAbout0407 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - APRIL 7, 1992 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 7:02 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Jonathan led in the pledge of allegiance. III. ROLL CALL Members Present: Carol Whitlock, Chairperson Bob Downs Sabby Jonathan Jim Richards Members Absent: Bob Spiegel Staff Present: Ray Diaz Rudy Acosta Bob Hargreaves Joe Gaugush Jeff Winklepleck Tom Theobald .r Tonya Monroe IV. APPROVAL OF MINUTES: Consideration of the March 17, 1992 meeting minutes. Action: Moved by Commissioner powns, seconded by Commissioner Jonathan, approving the March 17, 1992 meeting minutes as submitted. Carried 3-0-1 (Chairperson Whitlock abstained) . V. SUMMARY OF COUNCIL ACTION Mr. Diaz indicated there were no March 26, 1992 city council actions affecting planning commission decisions. VI. CONSENT CALENDAR A. Case No. PP 89-9 - ROBERT RICCIARDI, Applicant Request for approval of a second one-year time extension allowing a mixed use restaurant/office project for an 11 .3 acre site on the north side of Highway �. 111 at the east city limit. MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1992 � Action: Moved by Commissioner powns, seconded by Commissioner Richards, approving the consent calendar by minute motion. Carried 4-0. VII . PUBLIC HEARINGS A. Continued Case No. PP 92-1 - JAMES FETRIDGE (FOR JAMES PALMER) , Applicant Request for approval of a 7945 square foot two-story office complex located in an office professional zone on the west side of Monterey Avenue, 1000 feet south of Fred Waring Drive. Mr. Winklepleck summarized the history of the case and recommended approval. Chairperson Whitlock opened the public testimony and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . � There was no one and the public testimony was closed. Rction: Moved by Commissioner Richards, seconded by Commissioner Downs, adopting the findings as presented by staff. Carried 3-0-1 (Commissioner Jonathan abstained) . Moved by Commissioner Richards, seconded by Commissioner Downs, adopting Planning Commission Resolution No. 1562, approving PP 92-1, subject to conditions as amended. Carried 3-0-1 (Commissioner Jonathan abstained) . B. Continued Case No. PM 27136 - J.M. WILSON & ASSOCIATES, Applicant Request for approval of a parcel map to divide an existing 18, 354 square foot lot, located on the east side of McLachlin Circle, in Avondale Country Club into two lots each having 9, 177 square feet and minimum lot frontage of 89 feet. � 2 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1992 r.. The applicant withdrew the application. Action: No further commission action was needed. C. Case No. PM 27432 - TRIAD PACIFIC CORPORATE CENTER, Applicant Request for approval of a parcel map splitting an existing 8 .92 acre parcel into six parcels for development of an approved precise plan. Mr. Winklepleck 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. EDWARD BARKETT, President of Triad Pacific Development Corporation, informed commission that he had no specific comments, but indicated that the plan was � previously approved and he had not made any changes to the buildings or density of the site, and was only splitting the parcel into six to allow flexibility in the marketing. Chairperson Whitlock asked if anyone was in FAVOR or OPPOSITION to the proposal . There was no one and the public testimony was closed. Action: Moved by Commissioner Jonathan, seconded by Commissioner Downs, adopting the findings as presented by staff. Carried 4-0. Moved by Commissioner Jonathan, seconded by Commissioner Downs, adopting Planning Commission Resolution No. 1563, approving PM 27432, subject to conditions. Carried 4-0. D. Case No. CUP 92-2 - CITY OF PALM DESERT, Applicant Request for recommendation of approval to city council of a conditional use permit and certification of the draft """ 3 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1992 �/ environmental impact report pertaining thereto, for construction of civic center ballfields and corporate yard on the northerly vacant third of 72 acres acquired by Palm Desert for development of a civic center park. The project involves the development of four lighted ballfields, a corporate yard, concession stand, restrooms, parking, and other recreation facilities. Mr. Diaz indicated that the area under consideration was the northern boundary portion of the civic center site. He stated that there were sports field areas, four ball diamonds (three of them Bronco/Pony size and one Mustang size, which meant 75 foot base pads on the Bronco and 85 foot pads on the Pony and Mustang) . The fields wauld be used by all age groups. Also, there was planned a corporation yard, which was a normal corporation yard with facilities for storage of paving materials, city vehicles, and the center of operation for city maintenance purposes. He indicated that this was described in the environmental impact repor�. He noted that Mr. Tom �, Theobald was present from the public works department and he would describe the operations of the corporate yard. Commissioner powns asked why access was needed onto Magnesia Falls from any part of this development. Mr. Diaz replied that access could be available from other places, but the more access was limited from one location, the more another would be pressed. He said that if access were limited to the area from San Pablo, and the current plan did not have access to San Pablo, one alternative would be to have connection to San Pablo and a parking area along the east side of the park facility, which would increase parking and opening access to Fred Waring Drive. He indicated that if access was cut out from the park facility from Magnesia Falls, it would mean that all access would have to come in at San Pablo and Fred Waring Drive, which was a decision that would have to be made. Chairperson Whitlock asked where the vehicles were entering now. Mr. Diaz replied that they were currently coming off of San Pablo and Fred Waring and if Magnesia Falls was closed, that would just continue. Commissioner Richards noted that he has been a member of the ' Civic Center Steering Committee and attended many meetings on � 4 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1992 � this subject. He also felt that staff should have had a better site plan. He indicated that this plan had evolved many times and the ballfields and corporation yard had been moved many times. When reviewing the best way to take care of the amount of activity anticipated for the ballfields, it appeared that watching the activity in other places, if everything was put on one entrance way, it would conflict with other activities. The city could not control the College of the Desert and several events could occur at the same time. He felt that for the activities for 72 acres, more than one access was needed (YMCA, library, youth center, etc. ) . He stated that the committee wanted to help as many people in the community as possible and they felt access onto Magnesia Falls was needed. Mr. Diaz informed commission that staff had anticipated receiving colored drawings. Mr. Diaz stated that the ballfield setup would be similar to the one on Cook Street with the concession stand and the home plates, which was to service the ballfields. He indicated that the outfield area would be closest to residential property. He noted that the issues that came up in response to the environmental impact report were: 1 ) noise, 2 ) access, and 3 ) lighting. He noted that an expert lighting engineer was present and felt the ""' lighting spillover could be controlled. He said that he was aware of the problem with the driving range at C.O.D. , but the city did not install that lighting and could not solve that problem. In terms of the ballpark lighting, the environmental impact report called for the utilization of the same standards as the city of Irvine because they have had a lot of experience and did not have a problem with their lights. He indicated there was a video from the Musco sports-lighting people and they would be the firm installing the lighting at the ballpark. Commissioner Jonathan asked if the tennis courts were included in this; Mr. Diaz stated that it was only for phase III--the plans for the tennis courts were complete. Mr. Diaz showed the video presentation by Musco Lighting. Mr. Diaz explained that what the video demonstrated was how lighting could be controlled through proper installation and would avoid spillover. Mr. Joe Nolan, Electrical Engineer with Dream Engineering Incorporated of Apple Valley, explained that their firm was hired to do a lighting analysis of the ballfields. A copy of his report was distributed to the commission. He outlined his previous experience and felt he was aware of the state of the u.. 5 . �.�W__... .. . _._..�_�W..._....-,�.-____..W..�.__ � i ' 'INUTES !�`` ALM DESERT 2LANNING COMMISSION ',PRIL 7, 199 � He indicated that trespass lig ht was light concern of the in lighting• field, which was a addressed . art ond the p1aYing that his study that went bey He stated eXplain the commission and ses dei ght. He used drawin9s to act on the that issue and P • e mitigation measures as . � n footcandles and the n evel of any imp measurement 1 and recommended n adjacent areas ort. . in his reP be part of the described report would that this Staff ' s intention to Mr. Diaz stated report and it Was roval on the impact conditions of app environmen�he nine points as are implemented. establish that they ermit so and was � conditional usg p lighting issue addressed the of Mr. Nolan and felt that recommendations lighting Mr. Diaz With thg through a confident that recommendations He noted those the spillover• and the implementing Musco would control Magnesia Falls manufacturer like that came up was He Stated that the that another issue back to the noise. ority which related ort indicated that the maJ the traffic, the reP n�t people on noise study portion °e erated by traffic, galls, the � be 9 access to Magnesia Come of noise would robably In terms of traffiCnesia Falls would P because the fields. Fred Waring peOp1e that would utilize a9 Monterey and north of at Fred Waring and from east of one else would be didn' t have to be distance for any that there then shortest He stated Was no access, in at entrance• Falls, but if there to �ome San Pablo nesia have access to Mag from that area would that would eo le coming Which was a decision arding those P p gred Waring, uestions reg Pablo and there were q oration San made. He indicated lace at the corp be taking P and as a have to be that would Was questioned oration the activit�ransfer debris area the Would discuss the yard; measure that would be removed from the cor mitigation that Tom Theobald yard. He indicated corporate yard. Manager, Services in the Palm Desert Mainten 22 e emp7-oyees Mr. Tom Theobald, tnere were two departments: stated that currently divided into er operators division that was two sweep He maintenance He Stated that the at � :�� a,m. and parks. �nd the remainder start the city bY streets 4;00 a•m• ersed througl1out arrive at Were disp during the day the only that tney He Said that mechanic and indicated � .30 a•m• ard was the at approximately in the corporation Y returns to the yard person working ersonnel . The crew 3.30 P•m• "" administraandewere normally gone bY � 3:00 P•m• 6 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1992 �.r Commissioner powns asked if the 4:00 a.m. street sweepers could leave going away from residences and not using Magnesia Falls. Mr. Theobald explained that they could if there was access. Mr. Diaz stated that a potential mitigation measure would be access down to Fred Waring via San Pablo. Mr. Theobald indicated that they don' t turn on their sweepers until they arrive in their areas and right now they sweep in front of Monterey Country Club at 5:00 a.m. Commissioner Downs noted that there was a certain amount of noise from starting up the vehicles. Commissioner Richards asked how far away from the nearest resident the street cleaner would be and Mr. Gaugush replied approximately 300 feet within the corporation yard, but going down Magnesia Falls they would be a distance of approximately 50 to 75 feet from residences. Commissioner Richards asked about the noise level when the street cleaners were not sweeping; Mr. Theobald explained that there were two motors on the street sweeper; the second motor was not started until th�y were actually sweeping. Mr. Diaz stated that another issue raised was the need for the '� sports facility and the field. He indicated that in terms of the period of time the fields would be in use for Little League was generally from May to the end of August. Adult softball and softball programs were the same. He explained that there was no year-around baseball in the Coachella Valley. In terms of the overall project and the environmental impact report, staff recommended to the commission approval and explained that the action of the planning commission was final and would not go to city council unless appealed. Staff recommended that after public testimony was taken, the public testimony portion of the hearing be closed and the item continued to allow staff to complete all response to comments raised and staff be instructed to prepare a resolution of approval setting forth and identifying all the mitigation measures within the environmental impact report and implementing them, as well as any other mitigation measures which might arise. He stated that in terms of the alternatives, the access extending from San Pablo' s present terminus was drawn up. From San Pablo to the north would be a mitigation measure that could take traffic away from the Magnesia Falls area and enable better circulation and traffic control . He recommended approval with the removal of the transfer debris station and installation of the lighting program and if commission wished, a condition could be made r.. 7 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1992 � that the street sweepers be brought out through the parking area and down San Pablo. Commissioner Richards also noted that they could be kept somewhere else. Mr. Diaz indicated there were several mitigation measures that could be evaluated. Commissioner Jonathan asked and received clarification from Mr. Nolan regarding footcandle measurements and the pro�ected impact to the residents adjacent to the ballfield area versus the impact from the driving range lighting. Commissioner Richards indicated that the corporate yard could be deleted. He said that it made sense having it in this central location, but maybe not the street sweepers. He stated that this area would be a very active place and the city was trying to find a spot for the children of this community and he felt this would be a good place for them, rather than in the north sphere out in the middle of nowhere. He questioned the need for having the corporation yard that large and encompassing all those uses. Mr. Diaz noted that there were specific reasons for the corporation yard to be in this location as outlined in the environmental impact report � and staff believed it should go there and indicated that the city paid for a study to indicate what was necessary and how much land was needed. He believed that the mitigation measures setforth in the environmental impact report and the conditions of approval could mitigate any potential impact to the immediate or overall environment by the corporate yard. As far as the operation and splitting them or cutting them down, that was possibility. Chairperson Whitlock opened the public testimony and asked if anyone wished to speak in FAVOR of the ballfields. MR. DON JOHNSON, President of the PDYSA, 76-896 New York Avenue in Palm Desert Country Club area. He said that he was in support of the ballfields and had been in the area for seven years. He stated that when he started there were approximately 700-800 children in the program and there were eight fields including the ones on San Pablo. Since the city installed the pond, they took away four of the fields they had and now they only had the four at Cook Street. He indicated that at the present time there were over 1250 children in the organization, 92 teams and they have to schedule 74 games, six days per week on these fields. He said that two of the games were at � 8 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1992 � night and started at approximately 5:30 p.m. and would go until 10:00 or 10:30 p.m. to get the completed games in. He indicated that some of these kids were between 9 and 11 years old and were out playing ball on school nights and there were complaints from parents. He felt that with these additional fields the night games could be eliminated and the lights at Cook could possibly go off earlier. He stated that they share Cook Field with the high school, the parks and recreation department, and the public, all of which limited their practice time. He said that he was totally in favor. He informed commission that the season began around the first of March to start practice and opening day ceremonies were in April; the regular seasons went until one week before the end of school which was the middle of June, and post season games went until the first of August. MR. MARK HOMME, 74-361 Highway 111 in Palm Desert, stated that his family had lived in Palm Desert since the early 1960 ' s and his father was a resident of Monterey Country Club. He informed commission that he had been a director of youth sports and felt that there was a crucial need ""' for these fields. Right now the youth was competing with adults, especially on Sundays. He also noted that soccer was going on in the fall and those games were at night. He felt the growth of youth sports in Palm Desert was expediential and he was the director three years ago and addressed the city council about the need and they had far less teams then. He indicated that many people were concerned when they shouldn' t be; there was no public address system going on and no masses of people cheering. There were about 24 parents cheering for their children. The issue was what would happen to the community; did the city want these children robbing the condominiums at Monterey Country Club where his parents had been robbed twice in the last year, or at the mall buying drugs, or playing baseball and soccer. He felt these issues had a social conscience priority in the community and he concluded by thanking Mr. Diaz for keeping his promise from two years ago and for his participation in promoting ballfields. MS. JULIE BORNSTEIN, resident on Pinyon Street in Palm Desert and owner of condominium in Monterey Country Club, informed commission that she was authorized to speak on behalf of three neighboring residents on Sierra Madre. �... 9 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1992 � She indicated that she had two children in the sports program. She confirmed �he number of children in the programs and how it has grown. She felt the need had expanded and the youth number grows each year. She stated that anyone in education would confirm that the best way to keep a child in school was to increase their self esteem and lower their probably in drugs, to improve the drop out rate and all of those things could be affected by a child' s involvement in youth sports. They learn team spirit and about how to be part of a team; they learn the joys of winning and the agony of losing and learn many skills that are not or could not be taught in the school or reinforced by what they learn in school. She urged commission to support the ballfield and the need had been explained in terms of numbers and the need for helping the children was there. She noted that they pay taxes and would like to see those facilities available for their children. She was in favor of the ballfields with the mitigation measures recommended so that the children could play at a reasonable time to allow time to be devoted to their studies. � MR. DON OSGOOD, the closet resident to the perimeter of both the parking area at Magnesia Falls and the baseball fields. He felt that one question that many of those present was not that they were against the sports for young people, but he could not recall any city that had baseball facilities next to their city hall . He felt it was in the wrong area. He indicated the fields would be more appropriate in the mid section of Palm Desert and the growth areas coming up were the areas that would have children. He stated there were very few children in Monterey Country Club. He indicated that in the area around the ballfields he did not feel there were many youth families in this area. He felt that the Cook Street area was more appropriate and would be in the middle of the city and control could still be maintained by the police department. MR. BOB REARDON, resident on Castellana, stated that his concern was regarding the ballfield and the corporate yard, although the corporate yard more so. He indicated that he was in favor of children playing baseball . He felt that what was wrong was that staff was in error in placing the fields in this location next door to Monterey Country Club, which would cause problems there. He said +� 10 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1992 � that the lighting being taken care of sounded good, but there would still be a lot of traffic through there. Mr. Reardon indicated that not using Magnesia Falls might work, but he wasn' t sure. Regardless of the mitigations used, the best result from his standpoint would be to have something else there that would enhance the city hall area. The corporation yard he felt was ludicrous. He felt that if a private developer came in with the same plan for a corporation yard in this location the city would not allow it. He felt it would be good to use the same standard for the city as the city would for a private developer. MS . JOAN WEINBERG, 391 Gran Via, stated that in a helicopter or plane above this area what was mainly seen was desert. She could not understand how the city could want to put something right where there was the most people and a mall, the McCallum Theatre, all the city buildings, the College of the Desert, the Street Faire, and felt everything was crowding Monterey Avenue. She felt that this would create more traffic problems. She pointed out that there was a lot of undeveloped desert �' and asked why the city would want to increase the problems it has. She informed commission that she lives in Palm Desert and in Illinois. She stated that she has lived here ten years. She felt that in Illinois they take better care of the residents than here in Palm Desert. She felt there was always something that the residents were fighting to protect themselves against. She did not have that at home and did not understand that. She felt that the city was not doing things in the residents best interest. She also did not understand Eagle Mountain land fill and did not know why when coming here she could not just relax. She wanted to say please do something for their benefit, not against them. She asked commission to reconsider this and could not understand why a corporate yard was considered in this location. She said that they did not do that in Highland Park, Illinois; the people would not allow it. The city council would not be voted back in and they just don' t do things like that. Also, the baseball fields were not where all the population was and the lights were not in their backyards or front yards and they have lots of school children; more than Palm Desert. She felt they had a very satisfied city government and the people who support it. Ms. Weinberg informed commission that she � 11 MINUTES PALM DESERT PLANNING COMMISSION ' APRIL 7, 1992 � just got off a plane at 12:00 p.m. from Chicago and felt she had to be at this hearing. She asked that the city � not ruin this desert and had been coming here since she was 15 years old and some of the changes had been good, some had been terrible. She wondered where people had been when they let the bad things that had happened to this desert. She noted that when she flew in she saw smog and did not see s�og like that 11 years ago. She requested that the commission come to their senses and not ruin the desert or ruin it for the 1200 residents in Monterey Coun�ry Club. Commissioner Jonathan noted that the commission could not solve the smog problem or the land fill problem. He requested that those wishing to address the commission stick to the subject before consideration. MS. JENNIFER SNELL, 313 Castellana East, stated that �he commission should not take her testimony as a threat. She stated that she and her husband recently purchased their condominium and the escrow closed on January 3, 1992. They purchased their condo as a refuge away from � increasing crime, noise and pollution associated and accepted when living in the Los Angeles area. They were disconcerted when they were made aware of these plans and their complexity for the first time last week. The refuge they sought was in danger of producing the same element they chose to move away from and they would not let this happen. Tt was obvious to them and their attorney that these plans were deliberately withheld from their knowledge at the time of escrow. On the disclosure form it was not printed nor signed by the previous owners or listing agent with Sandpiper Real Estate. They were sure they were not the only recent buyers in Monterey Country Club to be excluded from �his information prior to purchasing proper�y. According to the law failure to disclose such information was illegal and subject to legal action taken against those involved. If these plans were passed, they would notify all recent buyers to consider legal action as they have done against the previous owners, real estate listing agents, and other parties involved with the sale of the property in Monterey Country Club. She felt it was imperative that the entire real estate community get involved and speak up for the relocation of the entire plan presented by the city. As residents, she did not feel they should settle r 12 MINUTES � PALM DESERT PLANNING COMMISSION APRIL 7, 1992 �r. for any type of barter agreement which would elect to remove the dump ( i. e. corporate yard) and allow the ballpark to be built. Each and every property owner in the Monterey Country Club would suffer loses associated with this plan. Property values would decline because of the lack of desirability created by excessive traffic congestion, noise, and lighting disturbances, and the plausible increase of crime in their quiet, unique community. She indicated there was also a water well located directly next to these plans and was concerned about contamination associated with any possible toxic waste brought and/or processed in the corporate yard. She said there was no specifics associated and did not know what the definition of a corporate yard was and asked if refuse would be stored �here. She objected to the city plan in its entirety and requested the relocation to another less inhabited, suitable area. She informed commission that this was prepared on her two and a half hour drive to the city and while she did not have children, she felt it was an important issue for the children but should be located somewhere else. � MR. BERT HAWKES, 107 Juan Circle in Monterey Country Club for 11 years. He requested clarification on the 300 foot distance from any residence and the corporate yard. Mr. Gaugush demonstrated the distance on the map. Mr. Hawkes stated that he heard it was 300 feet maximum to any residence. He noted that in most places lots were 50 to 60 feet wide and staff was talking about three lot widths. Mr. Hawkes felt that staff had badly mislead them by giving the distance from the middle of the corporate yard. Mr. Diaz stated that the question asked was how far would the street sweepers be from the nearest resident. Commissioner Downs noted that staff correctly said 50 to 70 feet. Mr. Diaz indicated that the distance from the outfield to the nearest resident was in the environmental impact report and was more than the footage indicated. MR. SEBASTIAN MAESTRO, 266 Castellana South in Monterey Country Club, stated that he was a resident here for over ten and a half years and was dismayed by the continuing insistence of the planning commission to put in a �rr 13 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1992 `"� cor orate yard, debris storage-mini dump, and ballfields P in a residential area. He felt this should beronressive residential or industrsal Heedidhnot want this in his � cities establish their backyard and requeste�d missionthtake e the r btimeaken seriously and the Which were very deep. He understanding their concerns, , felt there would be a tremendous negativeu P ty of their � property values and the peace and tranq neighborhoods. He indicated that the past three weeks had given them on Castellana and Calle Verano ard and taste of what would happen if the debris storia e not been corporate yard was put in. He said they able to keep their doors or windows because of the city until 4•00 p.m• for three solid week airt from the debris vehicles, the C.O.D. people moving yard they have, and from the street sweepers dumping their dirt in the mr the b es dences. m1The aemphingshwere about 180 feet fro concerns. He felt it was defiant and obnoxious of t e city works department to put the debris storage mini�oved .,.r so close to the residents �a iancedor�spe�i 1 pepmit to it--did it take a zoning locate it there. In the last three weeks debWo�ksaoffice moved out and on March 19 he called the city and asked for Mr. Folkers to requestthe duste storm•thHe get some water on the f�t Rhonda said she would send an was out of the country, engineer out to see if he could take care of the probneer He had called about 9 :00 a.m. and waited for a tmen�t and and at 2• 30 p.m. cal l ed the su�ronf it� dWhich was the explained that water must be p , � city code. The person he talked to said sh�WO�he ausa a car out as soon as possible. At 3: 15 p• storm stopped because the trucks we�ucks in to waaereand No one from the city brought tank t the p olice never showed up. He said that he went down by the end of the units a t Wasedoing was going 0 feet and gra f fi ta. o n i t a n d a l l i r o x i m a t e 4 0 0 watering something, but it wasn' t tohWhe pe the dirt was feet from the Magnesia Falls entry Something could being dumped. He did not understand whY not be done. The dust akd and b fore ent a ng the dirt used double tandem truc connector pad they dropped the second trailer and the big to the trailer and everyone in their homes woul � ump. � 14 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1992 r. Al1 day long it was trucks back and forth. He also indicated there were huge boulders moved from one spot approximately 50 feet closer to Monterey Country Club. In doing so, they created ammunition for the youth hanging around the mini-dump that throw stones over the wall. One of the stones on March 25 hit his wife in the arm and he jumped at the wall and saw them throw them and they gave him an obscene gesture and threw a rock at him. He called the police and at 5:45 that day ( four and a half hours later) the police came to his house; they said they had a very busy day. The boys continued to throw rocks at his house and both boys ran into the family center and he went in and one of the boys lied and said that he did not throw the rocks. The rocks had been thrown over his wall for the last three weeks and he had a bag of these rocks to show the commission. He said that his neighbor had his car damaged by rocks and this was what happened when a debris yard was done. He felt it created an attractive nuisance and if the rocks continued to come over the fence and hit either him or his wife, he said that he was sure the commission and city would accept the responsibility. He stated that he ` expected the commission to recommend that the boulders be removed and the trash bins moved to the south end by the civic center. Then the police could watch them without any problems and could get there on time. He said that he knew the council was against the dumps because he read � about it in the paper and two councilmembers were against Eagle Mountain and he said that the environmental manager did not even know that there was a dump in our own yard that he could see from the civic center. The EIR took about eight months to complete and the result was expected. He felt their concerns were being ignored and the property in question should be used as originally intended and that was a park with winding walkways, benches, lots of trees and peace and quiet. Those were the words people at city hall used eight years ago when he inquired about it. He said that they don' t want a corporate yard or mini-dump and did not want a baseball field with a parking lot and lights within the footage claimed in relation to the residences. He also indicated that they did not want anything down Magnesia Falls and wanted it to be peaceful and quiet like it used to be before the dumping of debris and felt it was unhealthy and was not good for anyone. He stated that he was all for ballparks but never played in an established ballpark � 15 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1992 � that was in a residential area; it was either in an industrial area or it was in a school baseball field. He said that the situation most irritating to them was the � Magnesia Falls parking lot and the lights. If the park was moved somewhere else, they might go for it, but did not want it on Magnesia Falls and did not want a parking lot adjacent to their homes. ( Pictures were distributed showing the debris. ) Chairperson Whitlock asked for clarification as to what the dumping yard was; Mr. Theobald indicated that the city had been removing the boulders for the last couple of weeks. MR. STU MCFARLAND, resident of Monterey Country Club at 262 Castellana South, stated that he has lived in Palm Desert part time for 17 years. He said they enjoy coming here, but their thoughts of enjoyment had been greatly marred because of the proposal by the planning department. He indicated it made him mindful of the general feeling of government which most Americans were getting fed up with that big brother knows best and the people doing the electing are so far removed that they � don't have anything to do with it and did not know much anyway. He felt there would be a lot of people in government that would be surprised this fall. He stated that Mon�erey Country Club was built about ten years ago over a period of time and there were 1200 units, and if they averaged $175, 000 times that quantity, the investment was over $200 million. He asked if they had a $200 million investment, would they place a trash dump and garage next door to it within 150 feet. No. He felt that if this was private enterprise rather than the city with this proposal trying to put that type of facility next door to a residential area, there would be no support by a city planning department. On the front page of the statement received from the city it said that the purpose of the project was to meet the recreational needs of existing and future residents of the Palm Desert and neighboring cities as well as provide a needed larger city corporation yard. He asked where the present corporation yard was. Mr. Gaugush stated that it was on Joni Drive off of Cook Street. � 16 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1992 .... Mr. McFarland asked if there was any reason that facility could not be expanded. Mr. Gaugush replied that it was a developed area and the current site had no room for expansion. Mr. McFarland said that if that was not a possibility, then it should go into the area where there was plenty of open land; he said that this might take some planning and purchasing, but would be a better location. He indicated that they were there first and did not feel the city should come in and mar their investment. That was not fair. MR. BOB ROGERS, 183 Gran Via in Monterey Country Club, stated that he had served on planning commissions and was a developer and he felt that staff had decided to build themselves a monument. He stated that there was no excuse for putting a facility in this area that would attract another 1200-1500 people. The parking lot was designed to hold 320 cars. He did not know how many people that would be, but what was happening and what was "r' being proposed was to consolidate everything here and create a traffic jam. He felt that Joni Drive was a good location for the corporate yard and did not know a better place for the ballpark, but felt it should not infringe on the residents. . MR. ROBERT RICHARDSON, 72-578 Beavertail in Palm Desert, stated that he was President and had been for the last three years of the Cove Communities Soccer Association and had been involved in youth sports for the past 13 years and was totally in favor of the proposal . He indicated that he understood the residents of Monterey Country Club being upset, but felt it appeared that it would clean up that part of C.O.D. that was obnoxious to anyone that had seen it. The complaint about it being in the middle of the city, he noted that C.O.D. had been here 30 years and because it was here before anyone else, no one was saying it should be somewhere else. He felt this was just an extension to C.O.D. and did not feel the park was viewed to be a 30 or 40 acre passive park. He stated that it had to be used for something and felt the community youth needed a place to go. He noted that Lake Elsinor, Temecula and La Jolla, all these parks were in the middle of residential areas with beautiful homes � 17 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1992 �i around them. He said that he would like it built farther away himself, but it just couldn' t be done. He says that this had been discussed for many years and indicated that it was supposed to be in the north sphere and plans were changed and it never came to pass. He felt the city needed to go forward and accommodate the people and not put it off any longer. He said that he did not know about the corporate yard and tended to agree with the residents about it, but was in favor of the ballfields. MR. GORDON SMITH, 218 Madrin in Monterey Country Club. He said that Monterey Country Club was about 14 years old and recalled that Palm Desert' s age was similar. He indicated that in 1978 Bill Bone moved across Monterey and brought in a very nice tax base to the fledgling city of Palm Desert. In 1982 it was finished with 1209 units and over 2500 people. He noted that the tax base had increased with the addition of the shopping center and Marriott, so they were not that important any more, but they were important then and were one of the big tax bases when the city started out. He said that he was a snowbird and indicated that snowbirds spend money while r, they are here. He indicated that when snowbirds own property, money was sent to the area 12 months out of the year. The city accepted that tax base and he felt the city owed it to them not to ruin their property. MS. TERRY GARCIA, 73-760 Krug Avenue in Palm Desert. She stated that she came to the meeting not knowing what to expect and the ballfield lighting had her concerned in that there was a lot of lights from the basketball fields and a lot of noise from the basketball fields. She said that she was the corner lot and tended to get that mostly in the late evening hours. If the lighting company could do what they said they could do, and she felt they were given a text book approach to the lighting, but if it was what they were told, it would be great. She indicated that when she moved in, the city was constructing the park and she complained everyday about the construction, dirt and everything. She felt the park was beautiful and was something the community could enjoy it and felt it would be the same with the ballfields. On the corparate yard, she felt it was a big mistake and the liability claims would increase and there would be a lot of problems and it needed to be thought over. � 18 MINUTES PALM DESERT PLANNING COMMISSION 9PRIL 7, 1992 rr.r MR. GENE O'BRIEN, 260 Castellana South, read a letter that was written to Mayor Snyder on April 25, 1991 : "Dear Mr. Snyder. Last Monday evening I attended a presentation of the baseball field concept. I live on the other side of the wall along Magnesia Falls Drive on Castellana Drive in the Monterey Country Club development. A few of my neighbors were also in attendance. I say few because we were never notified by mail of the hearing. The star attraction of the evening was to have been a presentation by a lighting contractor. To my way of thinking this was an insulting assumption that the only objection to the project by the adjacent homeowners was the configuration of the lighting system. The homeowners from Monterey left the meeting because we felt that by staying we would give our tacit approval to everything about the proj ect except the lighting plan. I assure you this is not the case. The question arises, in a new project are the negative concerns of the existing in place property owners more or less important than the wishes of the potential users of publicly owned property. It would please me and I am sure my neighbors, if you and your colleagues would seriously consider the � negative aspect of the baseball field project from the view point of the Monterey Country Club homeowners. A few of the things that concern me are four lighted baseball fields directly across the street from my home. As far as I know these fields will be available for use day and night. A 300 car parking lot with all of its intended noise and dirt along with you can be sure after closing the consumption of a few beers with the usual loud radio noise. This would a problem virtually impossible to control . All of this directly across the street from the homes on Castellana South. Would you want this across the street from your home? All these problems along with the early morning and evening traffic to and from the corporation yard would create an intolerable situation for the homeowners on Castellana South. I trust you will use your good office to persuade the council to abandon the ballpark project. Yours truly, Gene O 'Brien. " He noted there were four ballfields for Palm Desert and other communities. He asked if there were any ballfields in Indian Wells, in Rancho Mirage, and questioned if the citizens of those two cities would be using our ballfields, and if so, why? � 19 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1992 rl MR. VAN TANNER, resident of Palm Desert in Sagewood, encouraged members of Monterey Country Club to come to the ballfield one night. He said that he heard their concerns about noise and open containers. He assured them that didn' t happen. He asked them to come to Cook Street and see. He said that he had been in the Palm Desert area for 11 years and had coached baseball and soccer for six. There continued to be growth and if the projections for the valley were anything like that stated in the papers, Palm Desert would be a major growth area. If they had grown from 700 youth baseball participants six years ago to almost 1300, what would that number be in five or six years. It had taken them this long to get to this point and encouraged staff to continue and approve this situation because the youth of Palm Desert, Indian Wells and Rancho Mirage deserved this and needed this. Mr. O'Brien spoke up from the audience and stated that they were not against baseball, apple pie or the American flag; they just wanted this located somewhere else. MR. VICTOR LOREN VILLENEUVE, 43-349 B Martini Court in � Palm Desert. He felt that he spoke for everyone present in saying that they were not against youth sports. He said that he had lived in this desert all his life and was born in Indio and played Little League in Indio. He indicated that homes had built up around the park, but those buying homes knew what they were locating next to when they bought, which was the reverse of this case. He invited Mr. Tanner to come to his house at night and enjoy with him the glare and invasion of his privacy from the current lighting facilities at C.O.D. He was not talking about the new four fields, but what already existed there now and was sure he would feel that the glare was an invasion and travesty against his enjoyment of his home. He noted that Mr. Nolan indicated there were certain standards in the industry and the question to him was they might be industry standards, but they were not necessarily his standards or Palm Desert ' s standards. He did not know if Palm Desert had any lighting standards and in the EIR it was mentioned that the standards of Irvine would be adopted. He said that he did not live in Irvine, but Palm Desert. Irvine was an urban area with lots of lighting and industrial uses and freeways and he did not feel this was a fair call . � 20 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1992 � � He stated that the valley was a desert and sparsely populated with very little lighting and one of the reasons for locating here was to get away from that kind of lighting. He said that they have a big problem with the lighting from the driving range and while the city might not have had anything to do with its installation, he was a resident of Palm Desert and felt the city should help them do their bidding with other agencies that might impinge upon their ability to enjoy their lifestyles in Palm Desert. He said that he appeared before the city council on several occasions imploring them to go to bat for them. College of the Desert was not a foreign country. All the people here felt they were getting a raw deal . The ballfields could be located elsewhere and supposedly in the EIR there was mentioned a feasibility study in the north part of town. That was not included in the EIR. He felt it should be and how were they supposed to know it wasn' t positive. He felt that if the growth of the city was looked at, it was growing to the north and east. The city limits now go to Washington Street. There would be more youth in the eastern part of the new Palm Desert then in the current part of Palm �•► Desert where these ballfields would be located. Regarding noise, there would be a certain ambient level of noise that would grow by virtue of these facilities and he felt it was wonderful to have sports facilities, be able to play ball and have a great time, but the greatest proponents of these fields did not live where he does. If they lived where he does, they would feel differently. He indicated that Martini Court was on the easterly edge of this facility and was down-range. He was not convinced even with the video that the lighting could be mitigated to an acceptable level . He did not feel the corporate yard belonged in the proposed location. He noted that it would be taken from the industrial area of Palm Desert and being moved to a residential area. He stated that if he came in with a proposal to put in a corporate yard next to residences, he would be railed and feathered. He felt it was ridiculous to locate a corporate yard and that type of activity next to residences. Mr. Villeneuve noted that in the EIR there was mention for an alternative site for the corporate yard. There were some mentioned for the ballfields, but none for the corporate yard, although alternative 3 for the ballfields was described as 20 acres west of Corporate Way, south of Hovley Lane. He �.. 21 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1992 � noted this corporate yard was proposed to be six acres and the architect, Reuel Young, stated that it was not large enough to meet the needs of the city and placing it in the civic center meant it left no room for expansion, yet the city' s boundaries were growing both north and � east. He did not feel this was a central location when looking at the city as a whole. He felt that the corporation yard was another term for maintenance yard and the debris transfer station was a another term for a dump. He indicated that he studied the maintenance yards of the valley and none were located next to residents. Mr. Acosta stated that Palm Springs ' s corporate yard was next to residents and Mr. Young was also the architect. Mr. Villeneuve indicated that this must be the only one in the valley. None of the other cities had attempted to locate a maintenance yard next to residences. It was not a compatible land use. Alternative 3 called out for the ball diamonds was rejected because it was sl.ated to be a date palm preserve. He indicated this area was a blow sand area for years and had never been a date palm area. � The 72 acres within the civic center and next to C.O.D. had been a date grove and alfalfa field and other things. He felt it would make more sense to swap locations and put the corporate yard in the 20 acres next to Corporate Way and Hovley Lane, adjacent to the service industrial area of the city and place the date palm preserve in the civic center so that people could go see the trees. He informed commission that he had his house for sale in 1990 because he was short on space and was looking at another area in Palm Desert. He had a buyer that accepted his sales price and loved the place. They made a deposit and then went to the city and talked to public � works and found out that a corporate yard was proposed there. Before that time the yard was proposed next to C.O.D. , which he knew about, and in the interim the location was switched and based on the proposal, they did not want to live next to a corporate yard. He said they lost the sale of their house because of this. He indicated tha� he had the documentation and he could not sell his house for what it was worth and did not think he had to accept that. The city and community had needs to be met with regard to youth sports and they were not against that and recognized the need for a corporate yard large enough to service the community and the expanding � 22 MINUTES PALM DESERT PLANNING COMMISSION 9PRIL 7, 1992 ...► boundaries, but the location selected was incorrect and not appropriate. He was not convinced that the lighting for the ball diamonds could be mitigated. He asked what an acceptable level of radiation was or lighting and at this point he could not accept it. He felt that if the city wanted to adopt lighting standards there should be a public hearing to debate that issue so the residents could decide what was appropriate. He urged commission to deny the conditional use permit, reject the proposal for both the ballfields and corporate yard and take their best interests to heart. MR. JACK STEWART, 75-145 St. Charles Place in Palm Desert, stated that he was a former resident of Palm Desert for many years before Monterey Country Club was built and was a past president of Palm Desert Youth Sports Organization. He said that they need fields today, not a year from today or two years from today. He indicated that he had been before the commission and council several times begging for fields and the children live here year around, not in Highland Park, Illinois. The children were future residents of the city, future '"�' tax payers; they were the future. He said he wanted to keep them off the streets and guaranteed that six year old kids and 13 year old kids don' t sit down and have a beer after the game. They don' t drive their cars, they come with their parents and are under supervision. Their . coaches take care of them and if a situation happens where the parents aren' t there, they don' t drive off and leave the kids standing around so they can throw rocks over the walls. They take care of the kids. They don' t leave them behind. He indicated that in May and June when most of the homeowners or snowbirds leave the area, they are here and the winds blow. If the ballfields were placed in the open desert with the winds, the children would not be able to play ball . The schools were overcrowded and the fields were overcrowded and Palm Desert was growing rapidly. It was a growing community and with regard to the maintenance facilities, he was not particularly in favor of having it in this location, but indicated that almost every country club in the valley has a corporate yard of some sort within their facility. They cut greens at 6:00 a.m. , cut grass, and pick up trash and all the same situations. He stated that maybe this location was not the proper place for the corporate yard, but there had to be one somewhere. r... 23 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1992 �/I MR. WAYNE GURALNICK, 74-399 Highway 111 in Palm Desert. He stated that he had been here approximately 12 years and commended Palm Desert for the great balance between � business and residential, good sense and a great planning staff. However, he felt that a grave mistake was being made here. The issue was where was it located now--it is in the industrial service area off Cook Street. It was there because it was an industrial service use. It was a maintenance yard. Commissioner powns clarified that the reason the corporate yard was placed there was because the property was purchased for a greatly reduced price. He said that he argued about this use being in an industrial area and the only reason it was located there was because of the low price. Mr. Guralnick still felt that it was an industrial service use. The EIR did not address any alternative sites for the corporate yard, but referenced an alternate 3 and as stated by Mr. Villeneuve, he felt the date grove should be put here where people will see it and it would make a great buffer. The issues of the corporate yard � also relate to the fact that the city' s own expert said, "The space needed to accommodate the projected city expansion and additional services apparently exceeds the proposed six acre site at the civic cen�er. " He asked why this use was being put here in an area too small for it. What would happen with more growth. He indicated that this would not be the central location later on when the city completes the other annexations. The corporate yard should not be in this location. He did not feel anyone present was in favor of the corporation yard in this location. He felt the commission should direct staff on this immediately. As to the ballfields, he noted that there were major concerns. These homeowners were not saying don' t make ballfields, but make them in a different location. As it was now proposed, there were major traffic concerns with no tra�fic study and the EIR did not address this issue. How were they supposed to handle it if there was a mistake made? Could the process be reversed? No. He felt the commission should send this back to planning staff and have them get rid of the corporate yard and work the plans and see if the fields could be buffered and mitigated and maybe put some date groves on the north side of Magnesia Falls. Right now Magnesia Falls was proposed as an overflow parking lot. � 24 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1992 �..r Residents wanted to make sure their quiet enjoyment and integrity were maintained. He requested that staff be told to move the corporate yard to an industrial area and have them re-work the plan. He indicated that it might not be acceptable on this site, and not with access from Magnesia Falls, but if they put in the date grove buffer and had access on San Pablo and with proper studies it might work. He understood the urgency and also wanted ballfields, but felt staff should be directed appropriately. MR. ROGER STIEGMAN, 131 Juan Circle in Monterey Country Club, stated that he had not come to the meeting to speak, but had become very irritated. He hoped that the commission was listening to their comments. They did not want the ball park or the corporate yard next to Monterey. He felt they could learn from Palm Springs ' s example and not place a corporate yard next to residential uses. He stated that he would like to see . some alternate plans and they had been offered only one proposal . He asked if there were other alternates that could be reviewed. He felt this was being shoved down r+' their throats. He requested that other alternatives be considered for the benefit of the community residents. Chairperson Whitlock closed the public testimony and asked for comments by the commission. Commissioner Richards stated that he was the planning commission representative to the Civic Center Steering Committee and explained that there was a lot of decisions made because of financial reasons. He noted that the ballfields were gone for a while, then came back and some money came in from Rancho Mirage and Indian Wells. In trying to decide what to do with the 72 acres, they tried to keep all the neighbors in mind. They knew the lighting situation would be controversial but felt that with the mitigation measures it was possible to place the lights in an area with appropriate buffering to make sense. The corporation yard suggestion came from the public works department. Whether or not they need it there, he felt there was enough in their own report that said they probably didn' t. He indicated that regarding the ballfields, there were some immediate problems time-wise. He believed that commission should delete the corporation yard, go back to the drawing board and see if a compromise could be achieved with the ballfields and pulled away from Monterey �" 2 5 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1992 � Country Club. He noted that he had been a commissioner for 13 years and had listened to a lot of residents over the years. He felt the people who might be effected were the residents on the street right next to the fields, but not all 1200 homes. The residents near them might have some problems, and that' s what the commission was trying to address. He said that the money was available now for the ballfields and might not be in the future and there was a need for these facilities. Other sites had been identified, but there were lots of problems with them. He said that for six or seven years the sports organizations had come to the city saying that they neEd ballfields. He noted that the corporation yard was placed to the east to act as a buffer. He recommended that the corporation yard be removed and plans taken back to the Civic Center Steering Committee and suggested that some of the council members get involved. From a standpoint of planning, Commissioner Richards explained that the ballfields were looking at the immediate need, there was money available, lighting experts said it would work, and that was why it proceeded in this location. He suggested that staff be allowed to proceed along, explore if there was an al.ternative plan, and continue this to a time certain. � Commissioner Jonathan stated that he wa5 in basic agreement with Commissioner Richards. He did not feel the corporate yard belonged in the civic center complex. He felt that the site was too small and did not leave any room for expansion, and it created an unmitigatible nuisance to the surrounding neighborhood. The ballfields he was in favor of; the community needed the fields. He noted that there were two sides to this issue and stated that this planning commission process was the antithesis of the big brother in government that was mentioned earlier. This was the people taking the government into their own hands and was a neighborhood committee. The commission was not elected officials; they live here, work here and serve their time because they care about the community. He urged people in the audience to get involved in the process. He said that he would vote for a ballpark in this location with a better plan. With the corporate yard removed, and possibly adding the date grove to mitigate the undesirable impact of the ballpark between the field and Monterey Country Club, maybe that would work. He felt 5taff should be given the opportunity to go back to the drawing board and see if there was a reasonable way �o have the ballfields. � 26 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1992 r.. Commissioner powns stated that he was against the corporate yard in this location and was in favor of the ballpark here if the trees were put in where they were planned to be originally. Commissioner Richards noted that the trees had been moved all over also. He said that people have complained about date palms because they have bugs and people do not want them next to their homes. He indicated that the plan has continued to evolve and would until something worked. Chairperson Whitlock stated that she was opposed to the corporate yard. She would like it deleted from this location. She said that she supported the ballfields, but wanted to see staff re-work the plan and suggested that some of those residents present, especially those bordering the wall, get involved in working with the planning department as a committee to help with an idea of relocating and re-working the existing plan relative to the ballfields. She felt that would be appropriate. Chairperson Whitlock reopened the public testimony and asked for a motion of continuance. ''�' After further discussion, it was determined that the public testimony portion would remain open for comments at the next meeting. Mr. Diaz stated for the record that the public testimony portion would be reopened, but the new plan would be the implementation of mitigation measures for the existing plan and was not a new project. Mr. Diaz also suggested that Mr. Guralnick get a group of volunteers together to work on the plan. Commissioner Richards indicated that if the plan was brought to the Civic Center Steering Committee, it had the political representatives on it and he suggested that the homeowner representatives be present. Mr. Diaz stated that the place for the forum and discussion to take place was at the planning commission level and the revised plan would only go to the committee after planning commission review. Action: Moved by Commissioner Richards, seconded by Commissioner Downs, continuing CUP 92-2 and the Draft Environment Impact Report to April 21, 1992. Carried 4-0. '1III. MISCELLANEOUS None. �.r 2� MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1992 � IX. ORAL COMMUNICATIONS None. X. COMMENTS None. XI. ADJOURNMENT Moved by Commissioner powns, seconded by Commissioner Richards, adjourning the meeting to April 21, 199 by minute motion. Carried 4-0. The meeting was adjourned 9 :36 p.m. ��r,�G�}79 • RAMON A. DIAZ, ec ary � ATTEST: / CAROL WHITLOCK, Chairperson Palm Desert Planning Commission /tm � 28