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HomeMy WebLinkAbout0216 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - FEBRUARY 16, 1993 7 :00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE � * * * * * * * * * * * * * * * * * * * * * * � * I . CALL TO ORDER Chairman Spiegel called the meeting to order at 7 : 08 p.m. II . PLEDGE OF ALLEGIANCE Commissioner Jonathan led in the pledge of allegiance. III . ROLL CALL Members Present: Bob Spiegel, Chairman Diane Cox Sabby Jonathan Carol Whitlock Members Absent: None Staff Present: Ray Diaz Gregg Holtz Tonya Monroe IV. APPROVAL OF MINUTES: rr.. Consideration of the February 2, 1993 meeting minutes . Action: Moved by Commissioner Whitlock, seconded by Commissioner Cox, approving the February 2, 1993 meeting minutes as submitted. Carried 4-0 . V. SUMMARY OF COUNCIL ACTION Mr. Diaz summarized pertinent February 11 , 1993 city council actions . VI . CONSENT CALENDAR A. Case Nos . PP/CUP 90-27 and TT 26562 - SWANK DEVELOPMENT CO. , INC. , Applicant Request for approval of a one-year time extension for a 687 residential units, gold course and 225 suite hotel on 420 acres on the northeast corner of Portola Avenue and Frank Sinatra Drive. ... MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 16 , 1993 B. Case No. CUP 92-1 - PALM DESERT OASIS SEVENTH DAY � ADVENTIST CHURCH, Applicant Request for approval of a one-year time extension of a conditional use permit to allow a 50, 000 square foot church, child care facility, and school facility on 4 . 7 acres on the north side of Country Club Drive, 800 feet east of Portola Avenue. C . Case No. PMW 92-20 - DAVID FREEDMAN & CO. INC. , Applicant Request for approval of a parcel map waiver to adjust the lot line between parcel nos . 653-260-011 and 653-260-012 located on Gerald Ford Drive. D. Case No. CUP 89-15 - KENT ATTRIDGE for the Armenian Apostolic Church of the Desert, Applicant Request for approval of a third, one- year time extension for a church facility on 4 . 7 acres on the south side � of Hovley Lane, 2300 feet east of Monterey Avenue. Commissioner Jonathan requested clarification as to what the practical impact would be in not approving the third extension request for the Armenian Church. Mr. Diaz explained that it would mean that the church would have to begin the hearing process all over for the conditional use permit. If they owned the land and the permit was there, staf f ' s recommendation even before the bad economic times was unless codes had changed, staff would recommend approval--if codes changed, staff would recommend denial . Commissioner Jonathan indicated that he did not have a problem with this request, but clarified that he felt first one-year time extensions could be automatic, second time extensions were okay because of the economy, but third year extensions needed to be considered. Chairman Spiegel noted that the applicant ' s letter indicated that they had approximately 80 percent of the needed funding and hoped to begin within the next few months . 2 � MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 16 , 1993 "" Action: Moved by Commissioner Cox, seconded by Commissioner Whitlock, adopting the consent calendar by minute motion. Carried 4-0. 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. The applicant withdrew the request. Action• No action was required or taken. � B. Civic Center Park Pedestrian Bridge - CITY OF PALM DESERT, Applicant Request for approval of an amendment to the Palm Desert Civic Center Park Plan calling for the construction of a pedestrian bridge across the San Pascual Channel connecting the park with the developed areas east of San Pascual Avenue between Krug Avenue and Rancho Road. Mr. Diaz explained that the request was a city proposed amendment to the master plan because a petition was received requesting a pedestrian bridge to the park from the residences to the east. He noted that as part of the original plan a bridge was included, but there was a great deal of opposition to it from the residents so it was removed with the stipulation that if the residents wanted the bridge at a later date, they could request it. A petition was received from residents in the area generally bounded by Portola, Fred Waring, and San Pascual . He said that since the bridge was part of the original plan, all CEQA ..�.. 3 MINUTES PALM DESERT PLRNNING COMMISSION FEBRUARY 16 , 1993 requirements in terms of the bridge had been evaluated. For � the location of the bridge, he explained that staff looked at the area between Krug and Rancho Road. Staff recommended that the pedestrian bridge be built to align with Krug Avenue, preferably on the south side, which would enable the city to place a cross walk at San Pascual and possibly make it a three-way stop. He also recommended that aesthetically "no parking" signage be placed on San Pascual on the west side of the street. One concern originally voiced with the plan was that people would park on San Pascual and use the bridge, which would increase traffic. Staff recommended approval of bridge with the conditions as outlined. He noted that the bridge would be similar to the one at Magnesia Falls. Chairman Spiegel opened the public testimony and asked if anyone wished to address the commission in FAVOR or OPPOSITION. MR. AL PELLEGRINO, 43-456 San Pascual, stated that he did not object to the bridge. Traffic and no parking would be taken care of with the added conditions . He expressed concern about gangs roving the park at night. He felt the Vineyards development would be easy prey for the gangs and more people would be entering the park and �•�/' exiting the park. He asked what the city would be doing about patrolling the park. Mr. Diaz stated that one way to keep undesirables out of the park would be to make it easier for law-abiding citizens to utilize the park. People who were doing illegal activities tended to shy away from areas that were utilized by law- abiding citizens . In making the bridge accessible to the residents, more people would be using the park, which would keep the gangs down. He noted there was a patrol system within the park and security was being developed for the entire park facility. He said that the city would make their best effort to make sure only law-abiding citizens were in the park and would encourage law-abiding citizens to use the park. He felt the bridge would help. Mr. Pellegrino asked if there would be more patrols in the park. Mr. Diaz replied yes, but that did not mean there would not be problems . There would be more patrols, but that would not guarantee there problems wovld not occur. 4 'r MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 16 , 1993 � Mr. Pellegrino felt that more patrols would do the job. He noted that people run the stop sign and wanted to know what the city would do about children exiting the park. He said that children don' t walk, they run. The distance between the bridge and San Pascual was about three feet and he felt children would run off the bridge and asked what would happen if someone passed the stop sign. Mr. Diaz stated there would be a cross walk and the city would make it as safe as possible, but it was not the job or responsibility of city government to take the place of parents to teach their children to look both ways before crossing the street. The city would do whatever they could, but the bottom line was the responsibility of the parents and he also felt it would be safer for children to cross in that location then to have them cross at Fred Waring, particularly with traffic trying to turn right and waiting for a break in Fred Waring traffic. He said there might be hazards, but it was up to parents to teach their children. He felt that if a child was not careful, it would still be safer for the child to cross at the bridge then at Fred Waring. He indicated that most of the residents using the bridge would be from the neighborhood, so it was up to the people in that "'�' area to protect their own children and themselves by not speeding and obeying the traffic signals in that area. Mr. Pellegrino said that the people who use San Pascual were not people from the neighborhood, but were east of Portola and north of Portola, from that area. They were not familiar with San Pascual and would not know there was a bridge and children running into the road. Mr. Diaz noted there would be a cross walk and asked Mr. Pellegrino if he felt it was safer for a child to cross at Krug and San Pascual or Fred Waring and San Pascual . Mr. Pellegrino replied that there was a sidewalk at San Pascual and Fred Waring. Mr. Diaz did not feel a sidewalk would protect a child from getting hit by not looking when crossing a street. Mr. Pellegrino disagreed. Mr. Diaz stressed that the city would make the crossing as safe as possible, but could not assume the role of parents in the area to make sure children looked both ways before r.. 5 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 16 , 1993 crossing a street, nor the drivers in the area to make sure � they would drive safely and obey traffic signs . Mr. Pellegrino said that children would be on their own at the park without their parents and felt it would be an exciting game for them to run across the bridge. He felt the matter should be looked into very closely. He asked if there would be any lights of the bridge. Mr. Diaz replied that there might be some pedestrian lights on the bridge. Mr. Pellegrino asked if they would be subdued lights and not shine into the residences . Mr. Diaz stated that it could be made a condition that no lights be put on the bridge. Mr. Pellegrino said that no lights would be creating a hazard--a darkened bridge for gangs to run across and do whatever vandalism they wanted and then run back into the park. He said that they look out their window into the park and see the gangs . Mr. Diaz proposed low level pedestrian lights on the bridge �■�i similar to the pedestrian lighting at the city hall . Again, he stated that if a park was going to be safe for law-abiding citizens, law-abiding citizens would have to utilize the park to keep undesirables out. That meant making it easy for residents to use the park and to make it safe and welcoming. He felt that one way to have gangs take over a park was to have it dark, hard to get into, and unsafe to get into. Gangs would not have a problem getting in and out of parks no matter hard it was made. Mr. Pellegrino asked what happened after the gangs got into the park if there were no patrols to take care of it. Chairman Spiegel stated that the commission understood Mr. Pellegrino ' s feelings and recognized that he was worried about children crossing the street and about gangs in the park. He asked if Mr. Pellegrino was in favor or opposition to the bridge. Mr. Pellegrino said that he was not objecting to the bridge, he just wanted to give the commission something to think about before approving it. 6 � MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 16 , 1993 � Commissioner Whitlock informed Mr. Pellegrino that there was a Civic Center Committee that she was a member of, and some concerns he raised such as lighting the bridge and the need for extra patrols in the park were concerns usually addressed by that committee. She said that she would make sure those items were discussed by the committee. MR. MARVIN EAVES, 73-796 Krug, said that he was in favor of the foot bridge at Krug. He stated that the point of egress at Fred Waring and San Pascual was a problem and since the park was opened, there had been four automobile versus pedestrian minor accidents because the egress there was very dangerous . Going southbound on San Pascual to make the turn onto Fred Waring, which he did every morning, there was a blind corner because of the fence line and vegetation. He said it was difficult to see individuals such as joggers and people going to and from C.O.D. , and there were handicapped people with wheelchairs using that crossing. He said he was impressed with the city and was in favor of putting in the foot bridge at Krug. MRS . CONNIE EAVES, 73-796 Krug, was very much in favor of the bridge. She said that she did not have small """ children at home any longer, but there were many children in the neighborhood. She agreed with comments by her husband and had seen three times young mothers with babies in strollers and one or two children in tow coming down eastbound on Fred Waring into on-coming traffic as traffic was turning right. Also, when coming from the Vineyards any road into the Vineyards, or Rancho Road or any road south of the Vineyards, there were no sidewalks on San Pascual, either northbound or southbound--people had to walk in traffic lanes to get to the new park. Several times she had witnessed small children with their older brothers and sisters trying to help the smaller children over the fence. One got hung up on the fence and she had to help get the child loose, so she asked them what they were doing. They said they were going to the park to play. She suggested they go around, but they said their parents would not let them on Fred Waring. She noted that children had to walk with the flow of traffic to get onto Fred Waring where the traffic was very fast. Also, on the lighting of the bridge, she felt small, recessed lighting would be acceptable. � 7 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 16 , 1993 MR. PAUL REAGAN, 43-730 San Pascuai, felt the bridge was � a wonderful idea. His only suggestion was that instead of placing it at Krug, it should go at Rancho Road because that was where he lived and he could see only benefits coming from the bridge. He offered his help in any way that he could be of service. MRS. GEORGIA PELLEGRINO, 43-456 San Pascual, said that she had the same concerns as her husband. She said that they do see gangs and her kitchen window faces the park. Of more concern than that was the fact that people get behind the hauses an Martini Court and with a bridge, there would be more access for graffiti in the wash. She said that two of her neighbors ' walls had graffiti put on them. She hoped that it would not go any further. She informed Mr. Diaz that all of the children that would use the park were not only from their neighborhood, but from the schools . She hoped all the mothers and fathers would teach their children safe street crossing. She said they had seen some terrible things on that corner, especially early in the morning. She thanked the city for not allowing parking on the west side, but was concerned about children' s safety and neighborhood security. She welcomed the bridge, and did not mind if it was located on Krug or Rancha Road, as �/ long as it was done with the children' s safety in mind and the residents ' safety. She did not want any undesirable element in their neighborhood and had witnessed gangs running from one end of the park to exit at Fred Waring because they could not get out at any other place--they were in a hurry so they didn 't climb the fence. Chairman Spiegel closed the public hearing and asked for comments from the commission. Commissioner Jonathan noted that two concerns raised related to: 1) gangs--he said that they would not be able to solve the gang problem that was hitting the whole country at this meeting, but asked that Mr. Diaz pass along the concerns about that particular area, the San Pascual wash and the neighborhood, to alert the sheriff ' s department to the increased possibility of gang activity utilizing the bridge; and 2 ) it occurred to him that without a sidewalk, but with a foot bridge, the city was encouraging pedestrian traffic and by not providing a sidewalk on San Pascual, perhaps the city was encouraging a dangerous situation. He asked if 8 � MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 16, 1993 +•� there was money somewhere to install a sidewalk, at least on the west side of San Pascual . Mr. Diaz noted that at this point it was not in the budget. Mr. Holtz said there were other considerations--there was not sufficient room to put in a sidewalk of an adequate width to accommodate two people side by side. The oleanders were there that were required to protect the neighborhood from some of the light and noise in the area, as well as other considerations . He did not feel that narrowing the street was an option because of the cost. He said that the oleanders were only two feet away from curb face. Mr. Holtz suggested posting the west side for no parking and striping a solid line for pedestrian traffic. Commissioner Jonathan felt that was a good idea and would help the situation. Based on those kinds of activities to look into, he said he would move for approval . Commissioner Cox seconded the motion. Chairman Spiegel commented that because of the discussion on traffic at San Pascual and Fred Waring and the inability for drivers to see people walking, he requested that the city look at that corner and see if anything could be done to cut down on the view obstruction. Also, he asked that staff get "�+ back to the commission and give them a plan with patrols of the park. He knew that the city had asked senior citizens to become available to work with the city and the sheriff ' s station was right next door, but he did not know what their responsibility was to the park. He felt the city was in a position to own the best park in the valley and felt it should do everything in its power to protect the park. Mr. Diaz noted that this was a matter that had also come up at the city' s Parks and Recreation Commission from time to time. He said that at the next meeting a member of the sheriff ' s department could be present to indicate exactly what was being done in that area and report on the senior citizen volunteers . Action: Moved by Commissioner Jonathan, seconded by Commissioner Cox, adopting the findings as presented by staff. Carried 4-0 . Moved by Commissioner Jonathan, seconded by Commissioner Whitlock, adopting Planning Commission Resolution No. 1608, recommending to city council approval of a Civic Center Park Pedestrian Bridge located on San Pascual between Krug Avenue and Rancho Road. Carried 4-0 . � 9 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 16 , 1993 C. Case Nos . ZOA 93-1 and ZOA 93-2 - CITY OF PALM DESERT, � Applicant Request for adoption of a resolution recommending to the city council an amendment to Section 25 . 70 . 120 (C) of the Municipal Code to clarify the time in which an appeal may be made from an Architectural Review Commission decision; and adoption of a resolution recommending to the city council an amendment to Section 25 . 86 . 020 of the Municipal Code to delete any reference in the title of that section to the "Design Review Board" . Mr. Diaz explained that the reason for the first item was that the period of appeal on a decision was unclear as it related to the architectural commission and the reason for the second was that when the ordinance was amended changing the "Design Review Board" to the "Architectural Review Commission" back in 1981, there were some sections of the ordinance where the wording had not been changed. He said it was just a "housekeeping" item and recommended approval . � Chairman Spiegel o_pened the public testimony and asked if anyone wished to address the commission in FAVOR or OPPOSITION to either proposal . There was no response and the public testimony was closed. Action: Moved by Commissioner Whitlock, seconded by Commissioner Cox, adopting the findings as presented by staff . Carried 4-0 . Moved by Commissioner Whitlock, seconded by Commissioner Cox, adopting Planning Commission Resolution No. 1609 , recommending approval of ZOA 93-1 to city council . Carried 4-0 . Moved by Commissioner Whitlock, seconded by Commissioner Cox, adopting the findings as presented by staff . Carried 4-0 . Moved by Commissioner Whitlock, seconded by Commissioner Cox, adopting Planning Commission Resolution No. 1610, recommending approval of ZOA 93-2 to city council . Carried 4-0 . 10 � MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 16 , 1993 ...r VIII . MISCELLANEOUS None. IX. ORAL COMMUNICATIONS None. X. COMMENTS Commissioner Whitlock noted the concern about the problem at San Pascual and Fred Waring with the landscaping blocking the view for egress also applied to the median strip on San Pablo just north of Highway 111 . When exiting Alessandro on San Pablo and trying to cross San Pablo, due to the landscaping in the median it was dif f icult to see on-coming traf f ic . She felt it was probably just a matter of landscaping maintenance, but indicated it was a dangerous situation. Mr. Holtz indicated that the matter would be taken care of . Commissioner Jonathan commented on the letter from the Coachella Valley Water District that they had received. He � asked if the district would be closing a lot of streets to put in a sewer. Chairman Spiegel also asked if there was a time-table for the work to be done; he did not feel it should be done during the height of the season. Mr. Diaz stated that staff could ask the water district for a schedule and request that they not do the work during the height of the season. He said that he knew there was a lot of activity going on right now on the Rancho Mirage side of Country Club. Mr. Holtz said that work was being done on Rancho Mirage ' s side and the city had a few requests for encroachment permits because they would set up traffic control on Palm Desert ' s side of Monterey and was for water main installation. He knew that they were as far as Bob Hope with the major sewer system and assumed that this was an extension of that project. Mr. Diaz said that staff would call the water district and get a schedule. Mr. Holtz said that they would have to come to the public works department for encroachment permits and the city could set limits on them, even going so far as requesting that they do work at major intersections at night to get across those intersections to not tie-up traffic, which was what the city did with them at Monterey and Country Club. It was the same situation at Dinah Shore and Country Club where they were asking Edison and the underground street improvements to be installed across the ` 11 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 16 , 1993 intersection at night so there would not be more confusion. � Commissioner Jonathan commended the public works department and felt Palm Desert was unequaled in the extent the city went to in which to minimize inconvenience to traffic when major projects were being completed. Commission concurred. Chairman Spiegel asked if this item was just an informational item only as required by law; Mr. Diaz concurred. XI . ADJOURNMENT Moved by Commissioner Whitlock, seconded by Commissioner Cox, adjourning the meeting to March 2 , 1993 by minute motion. Carried 4-0 . The meeting was adjourned at 7 : 52 p.m. RAM N A. DIAZ � c ary ATTEST: �. ROBERT A. SPIEGE , n �, Palm Desert Planning Commission /tm 12 �