HomeMy WebLinkAbout0720 MINUTES
PALM DESERT PLANNING COMMISSION REGULAR MEETING
TUESDAY - JULY 20, 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 : 00 p.m.
II . PLEDGE OF ALLEGIANCE
Commissioner Whitlock led in the pledge of allegiance .
III . ROLL CALL
Members Present : Bob Spiegel , Chairman
Paul Beaty
Sabby Jonathan
Carol Whitlock
Members Absent : Diane Cox
Staff Present: Ray Diaz Gregg Holtz
Bob Hargreaves Tonya Monroe
IV. APPROVAL OF MINUTES:
Consideration of the July 6 , 1993 meeting minutes .
Action:
Moved by Commissioner Whitlock, seconded by Commissioner
Beaty, approving the July 6 , 1993 meeting minutes as
submitted. Carried 4-0 .
V. SUMMARY OF COUNCIL ACTION:
Mr. Diaz summarized pertinent July 8 , 1993 city council
items .
VI . CONSENT CALENDAR
Mr. Diaz requested that commission consider a lot line
adjustment on Yucca Tree and add the item to the agenda as
Consent Calendar Item D. Commission concurred.
Action:
Moved by Commissioner Whitlock, seconded by Commissioner
Jonathan, adding PMW 93-10 as Item D to the Consent Calendar
by minute motion . Carried 4-0 .
MINUTES
PALM DESERT PLANNING COMMISSION
JULY 20, 1993
Wo
A. Case Nos . PP 89-11, VAR 89-3, PM 24630 - MARY STOLTZMAN,
Applicant
Request for approval of a third one-year
time extension to permit a 47 , 340 square
foot medical complex on 4 . 08 acres on
the east side of Portola Avenue, 700
feet north of Country Club Drive.
Action:
Moved by Commissioner Jonathan, seconded by Commissioner
Beaty, approving a third one-year time extension for PP 89-
11 , VAR 89-3, and PM 24630 by minute motion. Carried 4-0 .
B. Case No. PM 27082 - KICAK AND ASSOCIATES, Applicant
Request for approval of a first one-year
time extension for a four lot industrial
subdivision located northeast of Cook
and Sheryl .
Action :
Moved by Commissioner Whitlock, seconded by Commissioner
Beaty, approving a first one-year time extension for PM 27082
by minute motion. Carried 4-0 .
C . Case No. PMW 93-9 - RUYEN INTERNATIONAL CORPORATION,
Applicant
Request for approval of a lot line
adjustment to eliminate odd-shaped
parcels that would be created as part of
the subdivision proposed in Tentative
Maps Nos . 24255 and 27419 .
Action:
Moved by Commissioner Whitlock, seconded by Commissioner
Beaty, continuing PMW 93-9 to August 3, 1993 by minute motion
and directing staff to provide more detailed information.
Carried 4-0 .
D. Case No. PMW 93-10 - MR. AND MRS . ARMIJO, Applicants
Request for approval of a lot line
adjustment at 74-611 Yucca Tree Drive .
Too
2
MINUTES
PALM DESERT PLANNING COMMISSION
JULY 20, 1993
ftm
Mr. Diaz explained that the request was for a lot line
adjustment on Yucca Tree Drive and was routine in nature.
After questions by commission he clarified that the
adjustment was to move a lot line 20 feet and did not impact
any other property owner.
Action:
Moved by Commissioner Whitlock, seconded by Commissioner
Jonathan, approving PMW 93-10 by minute motion. Carried 4-0 .
VII . PUBLIC HEARINGS
A. Continued Case No. GPA 93-3 - CITY OF PALM DESERT,
Applicant
Request for a recommendation to city
council for approval of a Negative
Declaration of Environmental Impact and
an amendment to the General. Plan Land
Use and Circulation Elements .
Now Mr. Diaz explained that the report from the Economic
Development Advisory Committee would be going to city council
on August 26, 1993, hence the request for a continuance to
September 7 , 1993 . Chairman Spiegel asked if this would be
the last continuance. Mr. Diaz replied yes .
Action :
Moved by Commissioner Whitlock, seconded by Commissioner
Beaty, continuing GPA 93-3 to September 7 , 1993 by minute
motion. Carried 4-0 .
VIII . MISCELLANEOUS
A. Coachella Valley Water District Improvement Projects
Request for determination of compliance
for proposed projects in Palm Desert by
the Coachella Valley Water District .
Mr. Diaz explained that the State of California placed laws
requiring certain public agencies to submit their capital
improvement programs to the impacted cities and the cities
were to make a determination as whether or not it was
%NW
3
MINUTES
PALM DESERT PLANNING COMMISSION
JULY 20, 1993
consistent with their general plans . He noted that a
question that, came up was what if the city said it was not;
he said the district would just pass a resolution that would
say they would go ahead anyway. He said that in this
particular case it was more of an informational item. All of
the projects were consistent with the general plan because
they would provide infrastructure and solve some drainage
problems that would curtail development. He felt that all
the projects were consistent with the general plan. In terms
of the time tables, he thought there might be some delays
because of the economy and state government budget decisions .
He noted that this was a five year program that was on-going,
so next year the commission would get another five year plan.
Commissioner Whitlock asked for clarification that if the
commission went through each item one by one and if they
opposed any of the well sites , it would not do the commission
any good because the district would approve it anyway. Mr.
Diaz said that he did not want to say it would not do them
any good, but essentially that was correct .
Commissioner Beaty asked for staff ' s recommendation. Mr.
Diaz stated that he was recommending that commission �.ni►
determine that plan was consistent with the general plan.
Chairman Spiegel asked if anyone was present to address the
commission from CVWD. Mr. Diaz stated that he had never had
any testimony on this type of request . Chairman Spiegel said
he did not have enough information. Commissioner Jonathan
said that he would like to have a representative come and
present this to the commission. Mr. Diaz suggested that
commission give him the questions they would like addressed
and he would ask someone to be at the next meeting.
Commissioner Beaty noted that staff was recommending
approval . After further discussion, Commissioner Jonathan
stated that he would vote in favor.
Action:
Moved by Commissioner Beaty, seconded by Commissioner
Whitlock, determining by minute motion that the proposed
Coachella Valley Water District projects are in compliance
with the Palm Desert General Plan. Carried 3-1 (Chairman
Spiegel voted no) .
4
MINUTES
PALM DESERT PLANNING COMMISSION
JULY 20, 1993
B. E1 Paseo Collection Determination of Minor Modification
Mr. Diaz explained that the commission previously approved an
addition of 2 , 000 square feet to E1 Paseo Collection and as
part of that additional parking was approved, which was more
than was needed for the 2 , 000 square foot addition. He asked
the commission to determine if a 1 ,000 square foot addition
to St . John ' s Knits and some outdoor tables for Club 74 could
be approved as a directors modification. In terms of the
city' s parking requirements, they were met by the additional
parking approved previously. He said that the request has
been before the architectural commission and was approved.
Commissioner Whitlock asked if the back stairwell area to
Club 74 was going to be eliminated entirely.
MR. DAVID FLETCHER, 74-095 Covered Wagon Trail in Palm
Desert, informed commission that those stairs would be
removed and the expansion would go in its place. The
exit from Club 74 would go out onto the upper deck and
tie-in with the stairwell that serviced the upstairs
offices currently. There would only be one stairwell
and the elevation in the back of the building was being
redone to accommodate this , all of which would go
through the architectural committee and the Palm Desert
Property Owners Association .
Chairman Spiegel asked about the produce delivery area for
Club 74 . Mr. Fletcher explained that would be unaffected;
Club 74 was next door to St . John ' s Knits ; St . John ' s was
only expanding behind their space so the back door for Club
74 would remain where it was . Commissioner Whitlock asked
how many more seats would be added with the outdoor dining;
Mr. Fletcher said they had not focused on the expansion for
Club 74 and if there was any problem with that, they would
come back to the commission for a modification and/or
conditional use permit . He did not expect them to use it
except for lunch. He wanted to make sure the view from Club
74 was unobstructed and they were not looking down onto a
gravel roof with an air conditioner, so they put a deck there
and he had spoken to the owner of Club 74 , but had not come
to any determination if he would use it or not . Commissioner
Whitlock said she like the plan.
5
MINUTES
PALM DESERT PLANNING COMMISSION
JULY 20, 1993
No
Mr. Diaz said the motion would be that changes fit within the
slight modification provisions as far as the commission was
concerned and Mr. Diaz could approve it over the counter.
Action:
Moved by Commissioner Whitlock , seconded by Commissioner
Beaty, approving the modification as outlined by minute
motion . Carried 4- 0 .
IX. ORAL COMMUNICATIONS
MR. ERIC LARSON, 74-266 Fred Waring Drive, stated that he
approached the city council regarding the safety on Fred
Waring Drive . He said that Fred Waring Drive had only one
sidewalk that was three feet wide and there were five schools
within a two block vicinity of Fred Waring Drive. He felt it
was very unsafe for children and pedestrians . He said he
approached the city council on this matter and talked to the
Mayor and several other people . He learned that Fred Waring
was to become a six lane divided highway and that all the
homes on the north side of the street were to be used for
this purpose. In light of this information he told the city
council that if this was to be done, it needed to be done log
sooner and not later because what was happening was that when
people found out about the road, they were not doing anything
with their homes and were not working on them, but were
letting them go because of the devaluation to their
properties . He said those plans came to him from the Mayor
through Dick Folkers and Brent Conley by a memo that
suggested that the city purchase these homes when they came
on the market; he said this was an interoffice memorandum
suggesting that the city could become landlords during that
interim period. He felt the properties would not devaluate
so much and in the long term they could have a safe highway.
He said that what was happening now was that all the
properties around it were being affected because no one
wished to live next to a highway.
Chairman Spiegel asked where Mr. Larson ' s property was
located; Mr. Larson said that he lived on the north side of
the street and they would be taking his property, but he knew
what some of the problems would be when this happened and
when moving the power lines . He said that he stepped off the
property and all the way from San Pascual to Florine was the
area mentioned in the interoffice memorandum that the city
would purchase . Even though the property slowly decreases in
6 "NO
MINUTES
PALM DESERT PLANNING COMMISSION
JULY 20, 1993
wr
depth from Florine west to San Pascual , there was still
plenty of room for a safe walking and biking lane that could
be landscaped and would give a safe barrier off the highway.
He also felt that would be enough room for six lanes . Mr.
Larson showed commission a drawing he made. He said that
there would still be room for a small sidewalk on the south
side and a large walking lane if it was done like his
drawing. He felt it would make a considerable difference in
the neighborhood because the values of the properties were
going down right now.
Chairman Spiegel asked if Mr. Larson showed the city council
his diagram and made that request; Mr. Larson replied no. He
said he wanted to go to the planning commission to get their
opinion. He said one big problem was going to be the power
lines . In back of his property and going down the center of
those properties on the north side were power lines . Fie
suggested that the power lines on Fred Waring be moved to
that back line and there wouldn ' t be any problem with that .
Chairman Spiegel asked if the city gave Mr. Larson any time
table for the expansion of Fred Waring. Mr. Larson said no.
Mr. Diaz said that a report from the public works department
"'w was due to the city council at their August 26 meeting. He
indicated that this was one area that the commission could
give close consideration to at their September 7 meeting in
terms of the recommendation for Fred Waring. By then there
should be some indication on what public works would
recommend and they could move forward with it . He said he
would make a point in the discussion of the circulation
element that close attention would be paid to Fred Waring
Drive; focusing on this area but looking at Fred Waring from
Highway 111 all the way to Washington Street . He felt that
Fred Waring would be an important street in the future and a
lot of people would take Fred Waring to avoid Highway 111 .
He wanted to make sure the traffic flowed smoothly and that
the quality of life for the current residents was not
negatively impacted. If need be, those properties could be
acquired and would be part of the general plan discussion.
Chairman Spiegel asked if this could be listed as a separate
item in the general. plan. Mr. Diaz said that it would be, in
addition to focusing on the interchanges and Monterey' s
future. Chairman Spiegel informed Mr. Larson that this would
be discussed on September 7 after commission received all the
information. Mr. Larson said that he just wanted to bring
low
MINUTES
PALM DESERT PLANNING COMMISSION
JULY 20, 1993
this up and see what the commission ' s format was and offer a
suggestion.
X. COMMENTS
1 . Commissioner Jonathan noted that the parking ordinance
provided for certain shading trees every three stalls
and he had seen some bushes going up. He said there was
a list of permitted trees that allowed for some bushes
that didn ' t provide much shade and asked if the
architectural review commission or staff could review
the list of trees and revise it . Mr. Diaz said there
was a list of trees that was current, but in the case of
Enjoy Development and Trader Joe ' s, that went through
the process and those plants met the requirements . In
terms of when they were first planted, they didn' t but
would grow. Commissioner Jonathan stated that he did
not want to change anything that was already in, but
wanted to review the ordinance and possibly change the
list of approved trees . Fie said those trees did not
look like they would ever grow high enough to provide
shade; they seemed to grow out and looked more like
bushes than trees . Mr. Diaz indicated that some plant r
material could be trees or bushes depending on how they
were trimmed. He suggested having the city' s landscape
expert at the next meeting to review what this and the
plant material list. Commissioner Jonathan felt the
ordinance was a good one for the desert but didn' t want
it wasted by allowing trees that didn ' t provide much
shade . He said he would be happy to hear from someone
who could answer those questions . Mr. Diaz stated that
person would be at the next meeting .
2 . Commissioner Jonathan stated that the second item he
wanted to bring up was a message to the city council
with regards to the sports complex proposed by the
Odekirks . He said they ran into a situation with
regards to what the council had done previous to the
project going to planning commission, specifically the
contract and other discussions with the applicant and it
created a desire on the commission ' s part to have the
council work with them more closely, in particular a
study session or joint session as had been done in the
past. Ultimately commission spent a great deal of time
answering concerns and working out solutions that could
have been entirely avoided by changing the location to
8
MINUTES
PALM DESERT PLANNING COMMISSION
JULY 20, 1993
where it ultimately ended up. His point was to
encourage the city council to make a greater effort and
give greater concern to the planning commission when
they were considering a project . It could have saved a
lot of time and emotion on the part of the applicants
and people who came to both meetings . Commission asked
a number of times if another site was possible and were
told no . He said it would help the commission to work
together more closely on those kinds of projects .
Mr. Diaz explained that what happened when commission
asked if there were other locations , the only other
location in mind was Section 4 and the council had
specifically said no to that location and said to go
forward with the Hovley site. Staff recommended
approval , commission approved it and then it was called
up by council and was rejected by a 3-2 vote . Part of
the instructions were to have a city initiated
conditional use permit in the area that was originally
rejected. He said he understood the commission ' s
concerns and position and when the matter came back to
commission, they would have various choices before them,
one of which could be to make a recommendation to
council rather than a flat decision. fie did not want to
recommend that, and there were things that had to be
worked out between now and then, but he understood
commission ' s concern. Commissioner Jonathan stated that
he did not fault staff for answering the commission ' s
questions the way they did, because that was they
direction they got and that was his problem. He said he
was personally touched by it because he made the comment
at the public hearing that if another site was possible,
council would have indicated that to the commission, so
his answer personalty and directly to those questions
were no, it was not possible and now he found that it
was . He indicated that he was personally frustrated and
embarrassed by the situation. Chairman Spiegel said
that they were all frustrated by it. Commissioner Beaty
stated that he attended the council meeting and agreed
with Commissioner Jonathan. He felt they all asked
questions about the site and it was clear that
particular site was not acceptable to a certain segment
of the population. He said that it was interesting to
see that the public hearing procedure worked because
there was no question that the council listened to the
`rr
9
MINUTES
PALM DESERT PLANNING COMMISSION
JULY 20, 1993
WAO
people. If the commission had the ability to change the
location, they probably would have done the same.
3 . Chairman Spiegel said that he was sorry to see that the
Rusty Pelican Restaurant was leaving and because it was
an entrance to the city, was concerned about it
remaining vacant. He did not know what the city could
have done to keep them, but he felt something should
have been done. Mr. Diaz stated that he did not know
they were in trouble. Chairman Spiegel felt something
should be done to get that space filled up.
4 . Chairman Spiegel noted that Redondo Don ' s was using
obtrusive signs outside their building. He said they
had been doing this with mannequins and signs that had
not been approved by anyone and they kept doing it . He
hoped they could get their business going well , but did
not want to see the ugly signs outside their building.
Mr. Diaz said that one problem with that area was that
one restaurant was gone and one had changed three or
four times . He said that some of the signs were
approved. Chairman Spiegel did not think the ones he
saw were approved and asked staff to look into the .r
matter.
XI . ADJOURNMENT
Moved by Commissioner Beaty, seconded by Commissioner
Whitlock, adjourning the meeting by minute motion4ca
Carried
4-0 . The meeting was adjourned at 7 : 47 p.m.
RAMON A. DIAZ, ry
ATTEST:
ROBERT A. SPIEGE ,/ airman
Palm Desert Planning Commission
/tm
10