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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