HomeMy WebLinkAbout1215 MINUTES
PALM DESERT PLANNING COMMISSION MEETING
TUESDAY - DECEMBER 15, 1992
7 :00 P.M. - CIVIC CENTER COUNCIL CHAMBER
73-510 FRED WARING DRIVE
NOW
I . CALL TO ORDER
Chairman Spiegel called the meeting to order at 7 : 00 p.m.
II . PLEDGE OF ALLEGIANCE
Commissioner Whitlock led in the pledge of allegiance.
III . ROLL CALL
Members Present: Bob Spiegel, Chairman
Diane Cox
Sabby Jonathan
Randy White
Carol Whitlock
Members Absent: None
Staff Present: Ray Diaz Joe Gaugush
Bob Hargreaves Tonya Monroe
Jeff Winklepleck
IV. APPROVAL OF MINUTES:
Consideration of the December 1, 1992 meeting minutes .
Action:
Moved by Commissioner Whitlock, seconded by Commissioner
White, approving the December 1, 1992 meeting minutes as
submitted. Carried 5-0 .
V. SUMMARY OF COUNCIL ACTION
Mr. Diaz summarized pertinent December 3, 1992 city council
actions .
VI . CONSENT CALENDAR
A. Case No. TT 24632 - ROBERT C. VATCHER, Applicant
Request for approval of a one year time
extension for a tentative tract map to
subdivide 77 . 8 gross acres into 176
single family lots, 2 additional lots
set aside for 213 future apartment units
and a lot for the existing CVWD well
tow site; the whole site is located at the
southwest corner of Country Club Drive
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PALM DESERT PLANNING COMMISSION
DECEMBER 15, 1992
and Portola Avenue. The map was a�
originally approved on January 16, 1990 .
Action:
Moved by Commissioner Whitlock, seconded by Commissioner
Jonathan, approving the consent calendar by minute motion.
Carried 5-0 .
VII . PUBLIC HEARINGS
A. Continued Case No. TT 27524 - WILSHIRE WEST, INC. ,
Applicant
Request for approval of a tentative
tract map subdividing 17 . 64 acres of PR
17 . 5 zoned land located on the south
side of Hovley Lane, 1930 feet east of
Portola Avenue into 82 single family
lots having minimum lot sizes of 7200
square feet and minimum widths of 60
feet.
Mr. Diaz explained that a continuance to the meeting of
January 19 , 1993 was requested. He explained that he was
hesitant because of a possible problem with the permit
streamlining act in terms of having to make a decision;
however, the applicants have requested the continuance. He
said that the permit streamlining act was an act passed by
the state legislature six or seven years ago to speed up the
development process . The applicant requested the
continuances and they were present; also, even if the permit
streamlining act were to approve this development, 82 single
family residences would be approved versus the previously
approved 200 apartments . Mr. Diaz did not see a problem with
the lower density. He recommended a continuance to January
19 , 1993, stating for the record that the request was made by
the applicant.
Commissioner Jonathan asked why this item had been continued
so many times; Mr. Diaz said the applicant was present and
could address that issue.
Chairman Spiegel opened the public testimony and asked the
applicant to address the commission.
MR. TOM HABERCORN, Wilshire West/West Side Bank, said
that he was requesting the continuance because they had
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PALM DESERT PLANNING COMMISSION
DECEMBER 15, 1992
been negotiating with the City of Palm Desert
Redevelopment Agency/Carlos Ortega, and with Bill
Rosenberger of the Riverside County Housing Authority.
He said they had anticipated an answer from the city
with the number for the program on the property before
the last planning commission meeting, but it had been
delayed. On December 6 the chairman of the board of the
bank came down to reach an agreement with Mr. Ortega on
the city purchasing the property. At that time he
indicated that what the city wanted to spend for the
property was too low; therefore, he instructed his
engineer to go forth with the revisions proposed by
staff and had since been negotiating with private
developers to go forward with single family homes . He
said that was why they were requesting another
continuance.
Commissioner Jonathan clarified that the delay was not
because of the design of the project, but because of
negotiations with the city. Mr. Habercorn concurred; he said
they had no problem with the design. Commissioner Jonathan
asked if Mr. Habercorn was comfortable with the continuance
to January 19 to address the matter. Mr. Habercorn said he
would prefer 60 days to the second meeting in February; staff
concurred and recommended February 16 . Mr. Habercorn
concurred.
Chairman Spiegel asked if anyone wished to address the
commission in FAVOR or OPPOSITION to the proposal . There was
no one.
Commissioner White asked if the negotiations had anything to
do with the proposed Avenue 42 . Mr. Habercorn replied no.
Mr. Diaz explained that the negotiations had to do with some
type of affordable housing/Housing Authority project. Mr.
Habercorn said that it had to do with a self-help housing
program.
Action:
Moved by Commissioner Jonathan, seconded by Commissioner Cox,
continuing TT 27524 to February 16, 1993 by minute motion.
Carried 5-0 .
B. Case No. 4025 SA - PIZZA HUT, Applicant
Request for approval of an exception to
section 25 . 68 . 390 of the Palm Desert
tow
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Zoning Ordinance to allow for a second
freestanding sign for the La Posada
Center along Highway 111 frontage at 72-
310 Highway 111 .
Mr. Winklepleck explained that the applicant was requesting
an exception to the part of code that allowed shopping
centers in industrial parks in excess of three and a half
acres of land one identification sign on each right-of-way on
each frontage. An exception could be granted in instances
where the applicant faced exceptional circumstances, such as
wall signs could not be seen, which was the case in this
instance. The applicant was required to show that whatever
sign being proposed would be integrated with the architecture
of the building and would not be detrimental to neighboring
businesses or the community. He had distributed a revised
sign and explained the applicant was requesting to relocate
two existing wall signs to a 6 ' x 9 ' 3" monument sign. He
said the sign would have a stucco finish painted to match the
building and the letter copy would be bronze 24" reverse
channel letters . The monument sign would be located
approximately 18 feet from the face of curb next to the
building. Pictures were provided in the packet showing
vehicles traveling east and west along Highway Ill and he
felt it was clear that the wall signs were not visible.
Staff had originally suggested that the sign be relocated to
the facia area; the applicant felt this was infeasible
because there was little or no access to illuminate the
signage, the landscape partially shielded the fascia area and
the letters would have to be reduced in size, which would
lessen the visibility further. At the last architectural
commission meeting on December 8 they reviewed the
application--there was a motion of approval made which died
on a 2-2 vote. The commissioners in opposition felt the
applicant would be better served to locate the sign on the
existing entryway signs and they would be willing to enlarge
the signs to accommodate the new sign. The property
management, Toys R Us and other members of the center,
approved the proposed sign. He said that Mr. Drell spoke
with a member of the property management and they had offered
Pizza Hut room on the existing sign as an alternative. Staff
recommended approval of the proposal, subject to limiting the
sign to six feet in height, which the revised plan showed.
Commissioner Jonathan clarified that the revision would take
the proposal down from seven feet to six feet and from 12
feet three inches wide to nine feet three inches; Mr.
Winklepleck concurred.
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• Commissioner Whitlock asked if there was a reason there was
no plan before commission to add the Pizza Hut sign to the
existing sign as an option or was this because Pizza Hut
would prefer their own freestanding sign. Mr. Winklepleck
replied that the applicant could address that issue.
Chairman Spiegel asked how the sign would be illuminated at
night; Mr. Winklepleck indicated that it would be backlit
similar to signs in the DSL project; no light would come
through the letters, there would just be a halo effect.
Chairman Spiegel opened the public testimony and asked the
applicant to address the commission.
MR. JAMES ENGLE, JR. , Imperial Sign Company, 46-120
Calhoun Street in Indio, stated that they initially
researched doing plans to make that sign bigger and
Travellers Inn was not opposed, but Toys R Us was
opposed. In doing that, they wanted their copy to
remain the same height and Pizza Hut would want to be
the same height as everyone else. They would have had
to make a new sign, it would be expensive and twice the
size of the one now, so they felt the only other
recourse was to propose what was before the commission
UAW now, which would bring down the cost about half and make
everyone happy.
Commissioner Cox felt that the Travellers Inn and Toys R Us
sign was a large sign right now and personally did not want
to see that sign any larger. Mr. Ingle concurred.
Commissioner Cox indicated one of the largest signs was the
Marshall ' s and indicated there were examples of other signs
that were comparable to the Pizza Hut proposal and being a
business person herself, she would be upset with the
visibility and would like a distinctive sign, one people
would recognize even if they could not read it. She felt the
proposal accomplished that, but was concerned that it stay
small and compact.
Chairman Spiegel 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 Whitlock informed commission that she would be
abstaining from the vote.
Chairman Spiegel felt the sign was nice and looked better
than the signs at Mervyn' s, Circuit City, and Toys R Us . In
low
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driving by Pizza Hut the existing sign was not visible from
the street and he felt the proposal was appropriate.
Commissioner White also felt the sign proposal was nice.
Action:
Moved by Commissioner White, seconded by Commissioner Cox,
adopting the findings as presented by staff . Carried 4-0-1
(Commissioner Whitlock abstained) .
Moved by Commissioner White, seconded by Commissioner Cox,
adopting Planning Commission Resolution No. 1600 , approving
4025 SA, subject to conditions . Carried 4-0-1 (Commissioner
Whitlock abstained) .
VIII . MISCELLANEOUS
A. PROPOSED OFFICE BUILDING ON THE NORTH SIDE OF DEEP
CANYON AND HIGHWAY Ill - Henry Tasaka, Applicant
Request for conceptual site plan
approval and recognition of responsible
areas for off-site improvements to allow
the applicant/owner to proceed with the too
application process for development of
the office/retail development.
Mr. Diaz explained that the northwest side of Deep Canyon and
Highway 111 was discussed and after extensive discussion with
the various city departments there was a proposed realignment
and Mr. Tasaka was asking if his proposal met the intent of
the city in terms of how that intersection should be done in
terms of traffic and his development. Staff did not have a
problem with the plan.
Commissioner Jonathan asked what staff was requesting. Mr.
Diaz replied approval of the layout. He noted that one of
the initial concerns was access into Smokey' s and this had
been worked out. Mr. Diaz said the commission should
determine if this plan met the intention of the commission in
its previous approval . He stated that a whole new public
hearing could be done for its approval, but if the commission
did not like it the applicant should be so directed. Mr.
Gaugush clarified that one of the general answers the
applicant was seeking was if there were any problems
conceptually; the applicant and his architect and engineer
looked at the requested offsite and onsite improvements and
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+r before going forward with the precise plan for the project it
was his understanding that they were looking for a "nod" .
Commissioner Jonathan felt this was unusual to have the
applicant coming in at this time of the process . He said
that he did not want to mislead the applicant and say now
that he did not see anything wrong with it, when it was
possible he might have concerns when it comes before the
commission formally and further details were available about
ingress and egress, coverage and other issues were provided.
He stressed he did not want to be misleading. Mr. Diaz said
that the applicant could be told that in terms of the public
hearing, when testimony comes in the plan could be accepted
or rejected. He felt it was to the city' s best interest to
improve that situation. He said that Mr. Tasaka was present
and he could tell the commission what he was looking for.
Basically, if there was no way the commission could approve
the request regardless of whatever testimony was received, he
urged the commission to tell the applicant the proposal was
unacceptable now; however, if there wasn't a problem and it
looked alright, he could proceed. In terms of the testimony
originally received, the main concern was from the owner of
Smokey' s and his visibility to Highway 111 . That had been
resolved and staff would work that out. Public works
department' s main concern was that the intersection of Deep
tow Canyon and Highway 111 was one of the worst one and needed to
be improved. Mr. Gaugush stated that one of the biggest
problems with the intersection was the offset that exists
between the north side and the south side with respect to
Highway 111 and Deep Canyon; the developer would take care of
one of the four corners in providing street widening and
physical improvements, as well as the right-of-way
dedication. As indicated in some of the correspondence in
the packets, the redevelopment agency in the capital project
budget had $1 .2 million marked for improvements at this
intersection, which basically covered the balance of the
property. One of the big problems with getting this project
moving along was determination of who would do what and he
felt that had been accomplished and with those issues taken
care of the applicant apparently felt he was ready to move
forward.
Chairman Spiegel noted in the packet that this was before the
commission previously and that Smokey' s had concerns with it-
-he asked if that was the only problem with the project; Mr.
Diaz stated that the concerns they had were their visibility
and access from Highway 111 . He said that the other reason
it had been continued was the city' s process of determining
tow
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PALM DESERT PLANNING COMMISSION
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,t
how the improvements for the intersection would be
accomplished.
MR. HENRY TASAKA stated that he represented the owner of
the property and indicated he had been working with
staff for over a year to resolve these problems . He was
asking for the conceptual approval only and they were
not saying they wanted the commission to give them cart-
blanche. He felt the problems with Smokey' s had been
resolved and they moved the building back so that it was
in line with Smokey' s, it also provided circulation--
Smokey' s could come in from the back at the Alessandro
entrance and could use their parking that served the
common parking area more or less in agreement with the
overall frontage study and core commercial plan. One
commissioner said they did not want to ask for anything,
they just wanted the concept or idea to set the
circulation up and he felt that had been resolved with
staff . He was asking for the commission' s unofficial
approval and if they liked it the applicant would come
in with a full-blown presentation. He said he was not
asking for any favors, but they wanted to know if they
could commence and resolve the problems they had.
Commissioner Jonathan asked for the location of the Highway
111 access on the proposed rendering; Mr. Tasaka said there
would not be any access from Deep Canyon because of the short
distance of the block; therefore, access had to be from De
Anza or Alessandro, but they accepted that for the simple
reason that there would be a common access in the rear for
Smokey' s and their property. That way there would be no U-
turn coming in off Highway 111 from the frontage road. That
would be corrected. Commissioner Jonathan asked if heading
west on Highway 111, if it was possible to make a U-turn into
the parking area and how would people be prevented from doing
that; Mr. Tasaka replied there was no access from Deep Canyon
on the east. Commissioner Jonathan clarified west on Highway
111; Mr. Tasaka indicated that vehicles could turn right on
Deep Canyon and go left on Alessandro, could turn right on De
Anza way and right into the project, or straight through and
around. Commissioner Jonathan asked if they could make a
right on De Anza and an immediate right into the project; Mr.
Tasaka replied yes, and that there was a deceleration lane.
Mr. Diaz said that the reason there was no right-right
immediately was because these people did not own the property
in front of Smokey' s that would allow the direct right-
right. Mr. Gaugush stated that the intent at this time was
for the circulation to permit the movement described by
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DECEMBER 15, 1992
... Commissioner Jonathan. The portion of the frontage road
currently in front of Smokey' s would remain as frontage road
terminating in the access to this subject property. It would
come straight into the property.
Commissioner Jonathan asked if it would still be possible to
make a U-turn from Highway 111 coming into the subject
property. Commissioner Jonathan said that he did not see a
deceleration lane drawn into the plan and that was a concern.
Another concern was with the drop in elevation and small
amount of room for a U-turn, he was concerned that if there
was traffic coming the other way, it might get backed up onto
Highway 111 . Mr. Gaugush stated that was an element that
would be addressed when the precise engineering was done; the
situation Commissioner Jonathan described had been recognized
and they was aware of that situation.
Commissioner Cox asked for clarification that if driving west
on Highway 111, this corner would look like the corner at
Portola and Highway 111 whereby this property could not be
directly accessed and vehicles would have to go past it or
around. The access would be eliminated. That was correct.
Mr. Tasaka clarified that there was no access off Deep Canyon
because of the shortness of that block. He said that he was
* ' willing to go through the processes, but just wanted to say
they resolved everything with the redevelopment agency,
planning and public works and asked for nothing official, but
conceptual approval by an action that said the commission
approved the overall concept and they would come in with the
full plans and be subject to all the processes .
Chairman Spiegel asked if anyone wished to address the
commission. There was no one.
Commissioner White asked staff if the commission was talking
about giving up part of the frontage road to be part of a
parking lot; Mr. Gaugush replied that was part of the
project, it would require the vacation of existing frontage
road right-of-way; at the same time the city would be
acquiring right-of-way from the property owner on Deep
Canyon. Deep Canyon and Highway 111 would be widened.
Commissioner White asked how much Highway 111 would be
widened; Mr. Gaugush replied approximately 14 feet to 16 feet
and potentially wider with a deceleration lane. The intent
was to create enough for an additional lane or more.
Commissioner Jonathan cautioned the applicant that when staff
asked if there was anything presented that raised an extreme
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PALM DESERT PLANNING COMMISSION
DECEMBER 15, 1992
objection on their part and speaking for himself he did not WA
see a problem, but by saying that, neither was he endorsing
the project and was reserving the right as the details and
formal application was submitted to say that if there were
problems, he could find the entire project objectionable. He
did not want to be misleading, but also did not see anything
extremely objectionable right now. He informed staff that he
did not like a project like this being presented on an
informal basis .
Mr. Diaz stated that from staff ' s standpoint, if they had
their way, there would be no frontage road in front of
Smokey' s and the access to this entire parcel would be
between Highway 111 and the existing Alessandro. He
understood the commission' s concerns about having something
come before them and cautioned the applicant that a "nod" did
not mean approval .
Chairman Spiegel asked if it would be possible to discuss
this with the owners of Smokey' s to see if they would be
willing to give up their portion of the frontage road. Mr.
Diaz said they would be notified of the hearing, noting that
the city had gone through this before and felt that Smokey' s
wanted that access . The commission could ask them at the
hearing. Mr. Diaz also said that they could be contacted �rri
ahead of time. Chairman Spiegel asked if the city could take
it from them; Mr. Diaz replied yes, that it was possible
through eminent domain, but he would not recommend it.
Chairman Spiegel said that as he understood it, the planning
commission was being requested to approve the overall
conceptual site plan and recognize the areas of
responsibility for offsite improvements so that the owner
could commence with the application process for development
of the office/retail development. He asked if there was a
motion to that effect. There was no motion made. Mr. Diaz
said that as long as there were no violent objections based
on what was before commission, that was okay. Chairman
Spiegel indicated that the applicant could proceed.
Action:
No action was taken.
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PALM DESERT PLANNING COMMISSION
DECEMBER 15, 1992
B. STATUS REPORT ON TRAFFIC SAFETY PROBLEMS ON JONI DRIVE -
REPORT BY DEPARTMENT OF PUBLIC WORKS
Mr. Gaugush noted that there was a report from Mr. Folkers
submitted that was a follow-up to comments from last June.
One item in the memo was the city' s desire to acquire some
property to provide alternative access into that particular
area through Avenue 42 and those negotiations were
progressing slowly, i .e. acquisition as far as the ability to
successfully do some substantive changes/corrections with
respect to circulation within that development area.
Chairman Spiegel asked if anyone had any questions . There
were none.
Action:
No action was needed.
IX. ORAL COMMUNICATIONS
None.
X. COMMENTS
None.
XI . ADJOURNMENT
Moved by Commissioner Whitlock, seconded by Commissioner
White, adjourning the meeting to January 5, 1993 by m ute
motion. Carried 5-0 . The meeting was ad ' urned at 7 : 4 .m.
RAMON A. DIAZ, ec ary
ATTEST:
i'
SABBY JO HAN, ice Chairman
Palm DeFrt
Planning Commission
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