HomeMy WebLinkAbout0517 MINUTES
PALM DESERT PLANNING COMMISSION REGULAR MEETING
TUESDAY - MAY 17, 1994
7 :00 P.M. - CIVIC CENTER COUNCIL CHAMBER
73-510 FRED WARING DRIVE
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I . CALL TO ORDER
Chairperson Spiegel called the meeting to order at 7 : 02 p.m.
II . PLEDGE OF ALLEGIANCE
Commissioner Whitlock led in the pledge of allegiance.
III . ROLL CALL
Members Present: Bob Spiegel, Chairperson
Paul Beaty
Carol Whitlock
Members Absent: Sabby Jonathan
Staff Present: Ray Diaz Joe Gaugush
Marshall Rudolph Tonya Monroe
Steve Smith
IV. APPROVAL OF MINUTES:
�► Consideration of the May 3, 1994 meeting minutes .
Action:
Moved by Commissioner Whitlock, seconded by Chairperson
Spiegel, approving the May 3, 1994 meeting minutes as
submitted. Carried 2-0-1 (Commissioner Beaty abstained) .
V. SUMMARY OF COUNCIL ACTION:
Mr. Diaz summarized pertinent May 12, 1994 city council
action.
VI . ORAL COMMUNICATIONS - A
None.
VII . CONSENT CALENDAR
None.
VIII . PUBLIC HEARINGS
A. Case No. 4285 SA - FIRST BANK OF PALM DESERT, Applicant
�, Request for approval of an exception to
the city' s sign code (Section 25 . 68 . 300)
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to allow the relocation of .r
identification signs above the 20 foot
height limit at 73-000 Highway 111 in
the C-1 S.P. zone.
Mr. Diaz stated that this item was before the commission
because the sign ordinance required planning commission
approval or denial to the architectural commission' s
recommendations . The architectural commission looked at the
request for the modification on the height limit and
recommended that commission approve it. Staff concurred.
Chairperson Spiegel noted that there were two abstentions on
the architectural commission vote and asked why two members
abstained out of five. Mr. Smith explained that one of the
abstentions would have been Mr. Holden who was the
representative of the applicant. He did not know who the
other abstaining party was .
Chairperson Spiegel opened the public testimony and asked the
applicant to address the commission.
MR. RICK HOLDEN, a Palm Desert resident, stated that the
other abstention on the committee was Wayne Conner, the
landscape architect for the bank. Mr. Holden explained .r
that when they originally designed the bank, they had
the sign on the upper facia. Most of the work they did
was custom residential . It was always the bank' s
intention that the sign would be located there before
they found out it was above the height limit. He
indicated that when the sign ordinance was amended,
height limit was something there was no rhyme or reason
for, an arbitrary height was just decided on. The bank
asked him to present this request mainly the trees were
growing up in the parking lot and in front at a height
where they were beginning to cover the low sign on the
low band. They had the option of further trimming the
trees or allowing them to grow and moving the sign up.
They were also looking at the fact that there has been
several other signs approved above the height limit
including the Palomino restaurant. In the bank' s
situation, when going by on Highway 111, the bank sits
about three feet below the street grade. The signs were
bronze in color and when lit up a ligh� white at night.
They did not really glow. He did not feel the sign
would be detrimental in any way.
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�► Chairperson Spiegel stated that he drove by there and while
he had no objection to the height request, he felt it would
be more visible where it currently was then where it was
proposed to go.
Mr. Holden felt that the bank was specifically looking
at the sign on the side facing Highway 111 approaching
from the east. The further away the more directly
visible it was down the frontage road. Also, the ones
on the opposite side on the corner--right now there was
a street sign and a bunch of other things happening
there. Going by in a car right up at the bank it was a
lot easier to see at a lower level, but when farther
away it read better higher.
Chairperson Spiegel asked if anyone wished to speak in FAVOR
or OPPOSITION to the proposal; there was no one and the
public testimony was closed.
Action:
Moved by Commissioner Whitlock, seconded by Commissioner
Beaty, approving the findings as presented by staff. Carried
3-0 .
""" Moved by Commissioner Whitlock, seconded by Commissioner
Beaty, adopting Planning Commission Resolution No. 1645,
approving 4285 SA. Carried 3-0 .
Mr. Diaz stated for the record that the arbitrary height
limit that Architectural Commissioner Holden spoke about was
established prior to November 17, 1980 .
B. Case Nos . GPA 93-4, C/Z 93-4, PP 93-6 and TT 27882, -
ROBERT L. MAYER TRUST, Applicant
Request for approval of a tentative
tract map for a 143 unit single family
subdivision on 31 acres and a general
plan amendment and change of zone from
medium density residential (PR-7) to PC-
2 (district commercial) on 9 . 1 acres
with a precise plan of design allowing
for up to 89, 970 square feet of
neighborhood shopping center at the
northeast corner of Country Club Drive
and Monterey Avenue.
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Mr. Smith reviewed the history of the property and previous �
proposals, described the proposed project highlighting main
issues from the staff report. He indicated that the
applicant was before the architectural review commission a
week ago and that body reviewed the proposed architecture.
They had some concern with the architecture as presented.
The concerns involved the height of the structures and the
overall "massiveness" . The buildings shown to them were 18
feet high and they were mostly gable-roofed structures . The
architectural commission continued the matter to see if the
proposed lot sizes proposed were approved by planning
commission. Mr. Smith noted that Lots 1 through 16 on the
tentative map backed onto the proposed neighborhood
commercial to the south. Staff had some concerns that the
delivery driveway across the north side of the commercial
development might impact on those lots . Staff was requesting
as a condition of approval that a noise analysis be conducted
there, as well as for the lots that backed onto Monterey
Avenue, Lots 16 through 25 . That was due to the traffic
volume on Monterey Avenue. Mr. Smith noted there was written
correspondence from 25 residents in the area generally
indicating support of the project. One of those letters and
a verbal conference with Mr. Befeld, the property owner of
the Suncrest Country Club, indicated there might be a problem
with stray golf balls from the driving range located to the �
east of this property, as well as stray balls from hole
number 2 on the Suncrest course. Staff discussed this with
the city attorney and came up with condition #13 that was
included with the staff report as an addendum that identified
this problem. Mr. Smith noted that staff was prepared to
recommend approval of the applications but because there was
no architectural commission endorsement for the architecture
he was suggesting the matter be held until architectural
commission action. Mr. Smith indicated that the planning
commission was being asked to recommend to city council
approval to create a nine acre parcel on the corner and then
change the general plan from residential medium density to
neighborhood commercial and to change the zone from PR-7 to
PC-2 and approve a precise plan of design on the 9 . 1 acre
property for an 89 ,970 square foot neighborhood commercial
center, as well as approve tentative map 27882 creating 143
single family lots ranging in size from 5, 000 to 8,000 square
feet and approve lot number 144 which was the 9 . 1 acre parcel
on the corner, but direct staff to not forward the matter to
city council until the architectural commission has had an
opportunity to review and comment on the commercial and
residential architecture. If it was the commission' s desire
to see that architecture before it went council, then the
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` whole item should be continued. If commission wanted to
leave it in the hands of architectural review, then the
commission could act on the matter tonight and staff would
forward it to council after architectural review commented on
the project.
Commissioner Whitlock asked Mr. Smith to review the number of
pads and planned tenants . Mr. Smith said there were a total
of six pads; two on the north side adjacent to Monterey, two
on the corner and two on the east side of the property. He
stated there was an area described as area 8 right at the
corner of the main street from Country Club--that area 8
would be a proposed art park. He indicated that to the east
of the main access driveway there was a park area, lot B,
that showed tennis courts and a retention basin for drainage
purposes . Commissioner Whitlock asked if there were only two
retail shops planned on either side of the major tenant plus
the additional six pads; Mr. Smith stated that the retail
shop to the west at 10,000 square feet would likely be
divided into a multi-tenant situation, but could conceivably
be taken by one. Commissioner Whitlock asked if the number
of 5, 000 and 8,000 square foot lots were broken down; did we
know how many 5,000 versus 8,000 square foot lots there were
planned in the 143 unit development. Mr. Smith replied that
'•"' he did not have a breakdown but felt the engineer might.
Chairperson Spiegel asked for and received clarification on
the proposed access and traffic signal locations .
Chairperson Spiegel opened the public testimony and asked the
applicant to address the commission.
MR. TIM BARTLETT, representing the applicant and a
resident of Palm Desert, stated that he would be
introducing the group assembled to develop the project,
give a general overview of the development, and then
turn over to each individual to describe their portion
of the development. As stated by staff, there were two
main issues : the residential component and the
commercial component. Mr. Bartlett said that when they
addressed the site from the very beginning, they
recognized certain peculiar characteristics--the
property was surrounded by Suncrest Country Club with
approximately 360 mobile estates, and Palm Desert Greens
with approximately 2000 mobile estates . On the opposite
corner in the city there was a nine and a half acre
Lucky' s shopping center of about 95,000 square feet and
the balance of the 40 acres was the single family
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residential Sagewood development. He stated that when .,�►
the city incorporated this property, the property was
zoned PR-7 and Monterey Avenue dead-ended at Country
Club Drive. During the course of traffic and growth the
population in the last ten years had doubled in the
valley and was expected to do the same in the next nine
years, so the commission was faced with the task of
determining which projects made sense in the community,
which projects were compatible with surrounding
developments, and what projects brought value to the
community and which projects the community liked. The
city asked them to contact the surrounding homeowners .
Essentially the project was a 40 acre development
surrounded by higher density development. The PR-7
zoning would allow seven units to the acre. They took
out a commercial section on the corner because they felt
a residential use on this high traffic corner was not
appropriate. He heard comments about the last proposed
project that Country Club Drive was residential in
nature; he felt that if Country Club was followed from
Highway 111 to Washington Street, every major
intersection had at least two, and most four, commercial
corners . They planned to take a commercial piece out of
the corner, which was actually shorter in length than
the Lucky center. They tried to compact the commercial �
and still make it a viable project. The commercial
corner itself was a smaller site than the Lucky's center
with about 20� more parking. He said they down-zoned
the residential project. They were allowed on 30 acres
210 units and they were proposing 143, which was a
slightly higher density than Sagewood, but was much more
compatible to the surrounding density of Suncrest and
Palm Desert Greens . In general, what they were creating
was a community that served the needs of surrounding
homeowners . He described the elevations along Country
Club and Monterey--starting from the eastern end there
was a CVWD well site which they considered relocating,
a two and a half acre green belt, two tennis courts and
a large open park area. On the commercial side would be
a sculpture gallery that would actually be a retail
gallery similar to the civic center site, but the
sculptures would change on a regular basis . They would
be working with the College of the Desert to come up
with a central focus point and Mr. Bartlett showed the
commission a bronze statue of children chasing birds .
The sculpture gallery would be behind the pads . He felt
a restaurant type use with an outdoor patio overlooking
a sculpture garden would be good. Separating the
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� residential portion would be stamped concrete. The
green belt would be covered by berming and excessive
landscaping. The pads at this location would have a
water feature similar to the Ritz Carlton's cascading
waterfall, which went along with the name of their
development "Country Club Falls" . How that would evolve
right now was undecided. They would be installing
medians, traffic signals, and assisting traffic flow on
Monterey and Country Club. One issue mentioned was no
left-hand turns onto Monterey. In conjunction with
working with the surrounding owners and the neighboring
city, one of the comments was they did not want to add
more signals on Monterey. He noted that Monterey was
one of the major arterials in the desert. One thing
that had come up in conversation with the city was how
the surrounding homeowners felt about this project. He
said he personally walked Sagewood, which has about 100
homes, and met with 53 homeowners personally and talked
an additional 6 . Out of the approximately 60 people he
talked to, there were three negative comments; one from
a property owner along Monterey and one who lives
directly behind Kenny Rogers . Sagewood liked the choice
of a different market and the single family residential
use. He said of the 60, four did not have an interest
"�' either way and the balance liked the project. About 80$
liked the project as presented, 20� had issues which
were overcome by the design, but they had concerns about
the traffic flow. He explained that traffic levels
right now were at a D and F level at this intersection,
which meant about a 45 second wait; with their
improvements it would be lowered to a C level, which was
a 15 second wait. He stated that included in the
commercial center would be Albertson' s, which was the
strongest market chain with stores from Florida to San
Francisco. Mr. David Paynter was present to discuss the
commercial portion of the project and was involved in
the development of over 40 shopping centers of this
type. For the residential development, Mr. Steven
Sandberg was the developer. He felt they put together
a team of professionals that understood the marketplace
and introduced Mr. Paynter.
MR. DAVE PAYNTER, Paynter/Willsey Properties, stated
that his company dealt in retail/commercial uses only.
He concurred with Mr. Smith' s comments about errant golf
balls and had played Suncrest ' s course. He said it was
kind of the nature of living on a fairway, although it
was a nice place to play there. Mr. Paynter stated that
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;
'>
he had carefully reviewed the staff report and as w�i
mentioned, they had already made many of the changes
that were suggested in the staff report in terms of
setbacks, circulation and other items and had no problem
with those stipulations . In regard to the architectural
review committee, they recognized the need to go before
the commission and would be happy to do so prior to the
council meeting. It was their intention to come up with
an architectural style that would be compatible with the
desert community. He said they recognized the
recommendation of staff to have an acoustical study done
to address noise and they were supportive of that and
were willing to abide by any mitigation measures that
could be required by the acoustical study, whether it be
heavier landscaping or screen walls . He noted that this
was always an issue when there were adjoining properties
of a different nature. The staff report talked about
glare and light and suggested that the wall pack lights
not be on the back of the buildings, but on the rear
wall of the property to face away from the residential
use. This was acceptable to them. There was a traffic
signal planned off of Country Club; this signal location
would line up with the entrance to the Lucky shopping
center. He noted that the Lucky' s center had its own �
problems with ingress and egress and even though they �
would be bearing 100� of the cost of the signal, it
would benefit traffic circulation in the area, not just
for the proposed project. The streets would be widened
to handle additional traffic. This would enhance
traffic movement in the area significantly compared to
what it was now. The proposed Wal-Mart project would
have had a tremendous traffic impact to the
intersection. That project was of a regional or
community type designed to draw customers from outlying
areas of the community. The proposal was for a
neighborhood project that would be shopped by the
neighborhood and those living in the area. It should
not add more traffic to the intersection than what would
already be there anyway. The zoning they were asking
for was not speculative. They had a commitment from
Albertson' s Grocery Company to locate a store at this
location and they had completed their studies and
analyses to determine the need and demand for an
additional grocery store and they felt it was more than
justified. It was not just a zoning to enhance value,
but was borne out by a commitment of a grocery company.
He noted that Scott Thayer was present to speak to the
commission on behalf Albertson' s to answer any
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� questions . He said that he had touched bases with some
of the Suncrest residents and there had been good
neighborhood support. The scope of the project was much
different than previously submitted and seemed to
generate a favorable response from people they talked
with.
Chairperson Spiegel said that when exiting the shopping
center on Country Club, there was a right turn only. Mr.
Paynter said that on Country Club there would be a signal
that would also serve as the entrance to the subdivision and
they would use the same entrance. Chairperson Spiegel asked
if coming out in the middle, there would only be a right turn
possible; Mr. Paynter said that was correct. Exiting on
Monterey, the only way to turn was right unless you went to
the signal to turn left or make a U-turn. Mr. Paynter noted
that a retailer would like to have every opening be a full
movement in all directions, but they studied this carefully
and it did work. Chairperson Spiegel expressed concern about
the limited access from the residential portion in the event
of an earthquake/disaster. Mr. Paynter indicated that the
residential developer could address that issue.
MR. SCOTT THAYER, real estate manager for Albertson's,
""°' stated that they have two stores in the valley and were
excited about this project. They had 680 stores
nationwide. He said they would try to address any
concerns of commission or homeowners .
MR. VINCE BARBATO, with Developer Sales Network, stated
that he would address the residential part of the
development. He had been hired by Sandberg & Partners
to sell and market the development. When asked to
define the best use he was faced with the challenge of
finding out what type of development would be compatible
with the surrounding area. Their goal was to develop a
community that would be consistent with the various
surrounding developments . Suncrest Country Club
surrounded the bulk of the development and was a
collection of mobile homes with 4,000 square foot lot
sizes . Across Monterey was vacant land in Rancho
Mirage, and across Monterey was the Lucky' s center. He
felt an apartment complex or condominium complex would
not be welcomed nor would it be feasible from a
marketing standpoint for various locational and economic
reasons. The normal minimum lot size of 8,000 square
feet was also not compatible with the 4 ,000 square foot
mobile home park and the unknown commercial area. The
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proposal called for 5,000 square foot lots, or 55 feet ..n►
in width by 95 feet in depth which averaged out a little
bigger than 5,000 square feet. As mentioned by staff,
there would be some larger lots . The larger lots were
primarily in the pie shaped areas . He felt this was the
best use of the development because it would be
compatible with the area, would provide an economically
sound development, and would provide a good "marketing
niche" . He felt that with the lot size there was a lot
of use that their potential buyers would have. He noted
there was an engineer' s rendering distributed to
commission that showed the potential for the lots in
that they would provide the potential home buyer with
enough space for a patio, swimming pool/jacuzzi, grass
area, or play area. The primary market appeal would be
to the mature buyer who did not want a lot of yard work
and one reason this tied into the best use was because
he felt there was a strong demand in that particular
market. He also felt that would provide a community
that was compatible with Suncrest Country Club in that
it was an age restricted community. He stated that the
design of the homes made good use of the lot sizes and
provided a lot of drama, an attractive street scene and
livability. He felt that the residential community
would be a strong asset to the city and because of its �+
compatibility with the surrounding area, it should be a
strong success .
Chairperson Spiegel noted that Mr. Barbato said initially
that a condominium project would not be welcomed and asked
for clarification. Mr. Barbato stated that when they looked
at a condominium project, the site size being approximately
40 acres didn' t provide them with what they felt was enough
room to build a condominium complex that would be successful
in regards to competing with various communities without a
golf course. It wasn' t large enough for a golf course and
tennis clubs had not been big winners lately. From a
neighborhood standpoint and other developments they have had
negative responses from neighbors in terms of condominiums
because they felt it would effect their property values .
From a locational standpoint he felt that a condominium or
apartment complex did not take full advantage of the
locational assets of this site.
Commissioner Whitlock asked how many of the 143 lots would be
5,000 square feet versus 8,000 square feet. Mr. Barbato said
he did not have a tabulation. It was something they could
provide and in looking at the map he could not tell the
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� commission the exact Iot sizes, but noted that the larger
lots were the lots that were pie shaped in the corners .
Commissioner Whitlock noted those were fewer in number and
asked if a majority of the lots would be 5, 000 square feet.
Mr. Barbato replied that the majority of the lots would be
smaller than 8,000 square feet, although without knowing the
tabulation, it might not be correct to say the majority would
be 5, 000 square feet. Commissioner Whitlock asked for an
approximate dollar amount for the cost of the homes; Mr.
Barbato said they had not determined the exact dollar amount
and they probably wouldn't determine that until the day
before they opened, but they anticipated their buyer profile
to be the mature buyer who was seeking a home outside of a
planned community. There were several concerns they had with
planned communities--the association fees, because many were
on fixed incomes and didn't want a fee that could go up on
them. He said this would probably lend itself to a
development that would be of a year round residential
community in that the second home buyers tended to buy in
country clubs where they could go on the weekends and have
fun and go back home to their principle residences . Sun City
had spent millions of dollars in establishing the Coachella
Valley as a retirement destination. He found through
marketing other developments that there were a lot of people
``"' that fit their demographics from an age standpoint but that
didn't want to be "herded" into that type of community. They
did not wish to have that type of lifestyle, yet they were
attracted to the desert for all its value. The locational
assets of this project would lend itself to this buyer
profile and they were within a few blocks of Eisenhower and
they would greatly benefit from the commercial center right
on the corner. He found they liked to be within walking
distance of stores, restaurants, entertainment and did not
want to jump in their cars to drive far distances to go
places . It came down to not only an exciting project from
the standpoint that it is compatible with the surrounding
area, but also that they felt it would be a big winner.
Commissioner Whitlock did not feel that answered her question
and asked how much these homes would approximately cost once
they were built. Mr. Barbato said they envisioned a price
range in the mid $150,000 to the low $200,000 level .
MR. BARTLETT readdressed the commission`�said that it was
important to understand that it was a compatibility
issue and they were taking a PR-7 higher density zoned
property and cutting that density down on the
residential portion and putting in a smaller commercial
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site that was essentially a neighborhood commercial use, ri
not a destination type commercial complex. They were
increasing the traffic benefits, increasing open space
areas, as well as adding the sculpture garden and water
features . They were creating a project that would
provide revenue for schools and parks and with a 65$
senior market they would not be taxing the schools and
parks as much as a single family development geared
toward young families would.
Chairperson Spiegel asked if anyone present wished to speak
in FAVOR or OPPOSITION to the proposed project.
MR. PETE GENOVESE, a resident of Palm Desert Greens,
stated that he came to the meeting to discuss item C but
he felt this project would be a traffic problem and in
item C they were asking for 363 units . He said there
were plenty of apartments on Country Club now and there
would be five stop lights between Monterey and Portola.
In the wintertime when they had 4,000 people in Palm
Desert Greens, they were lined up to get through
Monterey. He was not objecting to the project, but
questioned how the traffic could be handled. If there
was a traffic signal that abutted the Lucky entrance, `
people coming from Monterey/Country Club would have to �'
come to Country Club, make a left turn, make a right
turn at the light to go into the property, then go
through the residential area to get to the commercial
area and then double back the same way. The other 360
people from the new project across from Palm Desert
Greens would do the same thing. Traffic would be
tremendous . He stated that he was not for or against
this project, but wanted the commission to be aware that
when Palm Desert Greens had 4,000 people in the winter
time, plus all the rest of the traffic going to the
Marriott and other places, there would be nothing but
trouble in traffic and five stop lights between Portola
and Monterey.
MS . ANN GOLDMAN, a resident of Sagewood, stated that she
was opposed to the development because of the commercial
aspect of the proposal . When she moved into Sagewood
three years ago the realtor she bought from said that
the lot across the street from her was zoned residential
and she would like to see it stay residential . She was
not opposed to the proposed houses, but she did not
think they needed another grocery store. They had
Lucky' s and if people did not want to get in their cars
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� and drive, they wouldn't have to drive to Lucky' s . One
gentleman said that it would not increase the traffic
flow; she totally disagreed. She said that you couldn' t
tell her that 143 homes with maybe one or two cars and
Albertson' s and other stores wouldn't increase traffic.
Monterey was her back yard and her house lined up to
Monterey. In three years she had noticed traffic
increase tenfold and the people moving here from her
perspective were young families with children. Homes
for younger families were needed. New schools were
being built and they were overcrowded, so she asked that
planning commission be aware that as a homeowner, she
was opposed to this project and said that others in
Sagewood might be opposed as well .
MR. GERHARD BEFELD stated that he would only speak to
the residential aspect of the project. He said that
single story with less density was all he could
reasonably ask for, but there were a couple of concerns
he had. One was to what extent could they insure that
the residential would be built if the commercial was
approved. He wanted to make sure this wasn't just a
ploy to come back later and ask for more commercial . As
mentioned by Mr. Smith, the golf course being right next
""' to the residential was going to be a potential problem
and liability to the city, the development and for him.
He was not trying to push all of the load onto the
developer because it was his golf course and it had some
problems that included the driving range, which was only
230 yards long and the average range was 300 . He was
only bringing this up so that these issues would be
addressed and he did not have liability later because
the golf balls would break the tile on the roofs and
cause potential injury. One specific thing he wanted to
bring up was that the developer was proposing using some
wrought iron instead of a block wall and he did not
think that was a good idea. With golf shots, the lower
the golf balls were, the faster they were moving. That
would be one level of protection and then they might end
up with some form of netting which they would try and do
as aesthetically as possible. One last issue was that
they would go to three lanes in front of this project on
Country Club, and Country Club in front of Suncrest
Country Club was two lanes . He questioned the
transition between the two and three lanes and where the
transition took place since he owned the vacant piece of
property next to this, which could have a potential
impact on him.
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Mr. Gaugush replied that as it was currently proposed, �
transition would occur as part of this project, not in front
of the vacant property.
Mr. Befeld asked if the model with the loft was going to
be built.
All applicant indicated that the unit with the loft was
removed.
Mr. Diaz noted that in terms of liability regarding stray
golf balls, the responsibility was the developer of the golf
course and driving range, not the owner of the vacant land.
MR. SANFORD SKLAR, a resident of Suncrest Country Club,
stated that he had three points he wanted to make.
First, he believed that Country Club should remain zoned
residential except where the city' s master plan had
commercial development zoned. Secondly, he felt the
traffic impact of the notorious corner would be a lot
less if the whole corner was developed residential,
rather than the residential/commercial split as
proposed. Third, what assurance or safeguard would
there be if the residential development did not go as i
planned. Could the developers come in and request �
further extension of the commercial aspect.
Chairman Spiegel noted if the project were approved, and
later if the developer wanted an expansion of the commercial
into the residential area or visa versa, the request would
have to come before the planning commission to be heard.
They couldn't just go ahead.
MR. SKLAR said he realized that, but what he was saying
was that maybe there would be another group of
commissioners .
Mr. Diaz said that he was sure the current property owner
would be willing to sign an agreement with Mr. Befeld that
the area so designated as residential here would continue to
remain residential as long as the property that he owned was
residential and remained in the same use. That could be
worked out later. As indicated, they would have to come in
with a change of zone and go through the whole hearing
process . Right now there was no guarantee that the property
that Mr. Sklar lived on, that the owner would not ask for a
change of zone on that property once the leases lapsed. Mr.
;
i
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PALM DESERT PLANNING COMMISSION
MAY 17, 1994
� Diaz felt that something could be worked out between the
owner of the proposed project and Mr. Befeld.
MR. FRED RUSSELL, a resident of Palm Desert, was also
opposed to the commercial aspect of this property. When
he left the hearing on the Wal-Mart issue about a year
ago, he came away feeling very comfortable that this
block area would continue to be zoned residential . He
saw now that there was a proposal to zone part of it
commercial . There was a Lucky' s store and a Safeway
store within the confines, five stop lights between
Portola and Monterey, and he felt the traffic impact
would be horrendous despite all the concerns that had
been raised. He was opposed to the commercial aspect of
the project.
Chairperson Spiegel asked if the applicant wished to address
the commission in rebuttal .
MR. BARTLETT noted that most of the comments related to
traffic. One of the things they all recognized as an
existing condition with that corner was the second
highest traf f ic corner in the city, if not the Coachella
Valley. Traffic between Portola and Monterey was
"`�' greater on Country Club than on Highway 111 . What they
were doing was the commercial aspect of the property and
the traffic study showed that neighborhood commercial
type centers had traffic patterns spread out throughout
the day whereas residential projects typically had high
traffic peaks at 8 : 00 a.m. and 5 : 00 p.m. He said it was
conceivable that if the whole site were residential,
there would be a greater traffic burden on this corner
than if the site was commercial because of the peak hour
differences . Neighborhood markets were not typically
destination places; people did not travel past two
markets to get to a third and the Von' s Pavilion was an
example. He felt that it was unsuccessful because there
were other markets locating closer to the neighborhoods
they served. If they expected to draw traffic from Palm
Springs, Palm Desert and Indian Wells, it did not
happen. Their primary goal as a neighborhood market
would be to serve the neighborhood. They would have
restaurant uses, a bank, and other retailers like a
video store and/or dry cleaner. A good family dining
restaurant might draw traffic from other locations, but
typically those traffic peaks were in the evening hours
during dinner time. When considering traffic, the peak
hours had to be considered. He noted that the desert is
...
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MAY 17, 1994
growing and the commission was faced with the decision �
of making sure the growth was acceptable to the
surrounding developments/owners and was something that
was valuable to the city. He felt that Mr. Befeld' s
concerns regarding how the outer perimeter was placed
would be easily managed. Another thing he wanted to
point out on the traffic was that there seemed to be
some misunderstanding as to the traffic flow. The
additional signal would provide an easy access back to
Monterey, which would eliminate some problems . Another
issue was the number of lights . Without a signal at
Sagewood, Sagewood homeowners would have a difficult
time getting out of their development. In addition, he
understood from the public works department that the
traffic signals would be synchronized so that if there
was a continuous flow at peak hours, at 8 : 00 a.m. or
5 : 00 p.m. when going to and returning from work, that
the flow would be continuous . As it was currently,
those lights were not synchronized and there was no hard
wire between the lights at Palm Desert Greens, Suncrest
or Monterey and by providing this "missing link" they
could synchronize that whole flow and continue traffic
all the way through the peak hour differences . In his
opinion, in the opinion of the traffic engineers, and �
public works staff, they were actually improving the �
traffic flow and the circulation pattern, especially how
it now affects negatively on the Sagewood homeowners .
Chairperson Spiegel closed the public testimony.
Chairperson Spiegel stated that the city had a good general
plan. It has been given a lot of thought and there were
areas in the north sphere (everything from Country Club north
to I-10 he considered the north sphere) that had the PC-2
designation. There were areas that had residential/
commercial zoning where it made more sense than at the one of
the busiest corners in the Coachella Valley. He said he was
not happy with the width of Monterey and Country Club and
felt they should both be enlarged to make it easier for
residents of Palm Desert and adjacent cities to travel on
Country Club because it would only get more congested and
there would be more building. To change the zoning to create
additional commercial when there was already a Lucky store
across the street and a new Ralph' s market a mile and a half
away in his opinion didn't make sense when there were other
commercial areas zoned for a grocery store that could be
placed within the north sphere. �
�
�
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MAY 17, 1994
r Commissioner Whitlock stated that she felt commercial on this
corner made sense. She felt it would be hard to plan a
residential development on this very busy corner and that
made good sense as a buffer. She liked the fact that they
reduced the size of the commercial area and the amount of
acreage and suggested that it could be reduced a little more.
Maybe there didn't need to be six pads and the commercial
could be reduced slightly because she had concerns about the
5, 000 square foot lots and a home that could potentially sell
for $150,000 to $200, 000 on a 5,000 square foot lot. She
felt it was nice that the developer came down from 210 units
to 143, but she would like to see more of the 8,000 square
foot lot sizes and wanted to know how the project would be
laid out with more 8,000 square foot lots . With that in
mind, she had a great deal of respect for the architectural
review committee and although she would feel comfortable
making a decision and turning it back to architectural review
for their opinions prior to going to city council, she would
still like it to come back before the planning commission.
She wanted to hear what the architectural review commission
had to say. They have a great deal of expertise and she did
not feel comfortable in passing this on one way or another
without knowing their opinion. Therefore, she recommended
`
that this matter be continued and the questions answered.
Commissioner Beaty said he echoed Commissioner Whitlock' s
comments . He did not have a major problem with the
commercial/residential blend. He did not like the traffic on
the corner and did not know if there was a better way to do
it, but if staff felt three lanes would handle it he would
rely on them. Also, he did not like the five traffic signals
in that short of a distance, but realized it was just a
matter of time with city growth. He also wanted to hear what
the architectural review committee had to say.
Mr. Diaz said staff would recommend a continuance to the
first or second meeting in June. Mr. Smith informed
commission that he did some rough counting of the lots and
basically about 80� of them were 5500 square feet or less .
Commissioner Whitlock stated that was too much. She favored
the 8, 000 square foot lot size and felt it made better sense.
That was why she needed the opinion of the architectural
review commission. She felt they had a better handle on the
layout and the expertise. Commissioner Whitlock said that
Mr. Smith made a good statement in his opening remarks that
the commission needed to decide if this was an acceptable
development plan. She felt it could be, but was not prepared
�..
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MAY 17, 1994
to go any further without having a better handle on the �
architectural aspect and the amount of lots/sizes . Mr. Diaz
said that he would recommended the continuance be to the
second meeting on June 21 .
Action:
Moved by Commissioner Beaty, seconded by Commissioner
Whitlock, continuing GPA 93-4 , C/Z 93-4, PP 93-6 and TT 27882
by minute motion to June 21, 1994 . Carried 2-1 (Chairperson
Spiegel voted no) .
Mr. Diaz said that it was quite obvious that the commission
was sending a message to the applicant to go back and get
comments from the architectural review commission.
Chairperson Spiegel agreed with Commissioner Whitlock that a
5500 square foot lot for a single family home might not make
sense in the city of Palm Desert and possibly the commission
should look at 8,000 square foot single family homes as a
minimum, which had been the minimum since city incorporation
except for condominiums and mobile homes . Mr. Smith stated
that he believed that was correct. Chairperson Spiegel said
that by minute motion he would like to direct staf f to set up
this item for a hearing within the next 60 days so that the
commission could determine if that would make sense for the �
city of Palm Desert. Mr. Diaz stated staff would like to set
this matter up for discussion at the next commission meeting
and go on from there. He got the message that staff should
prepare a zoning ordinance amendment to create a minimum
8,000 square foot lot size. It would be set for a hearing
after that. Chairperson Spiegel said that should also
include the 70 foot frontage.
C. Case No. TT 24632 Revision #2 - McBAIL COMPANY,
Applicant
Request for approval of a tentative
tract map subdividing 80 . 6 gross acres
into 241 single family lots and an
additional 10 acre lot set aside for 162
future apartment units at the southwest
corner of Portola Avenue and Country
Club Drive.
Mr. Smith explained that in July of 1989 the planning
commission approved the creation of 169 8,000 square foot
lots and at that time two remainder parcels were created that
�
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MAY 17, 1994
'� were set aside for up to 220 apartment units . In January of
1990 staff received another proposal on this same property.
The applicant wished to revise that previous approval and
enlarge the lots into the range of 10,000 square foot lots,
but the community became a development of private streets and
gate guarded. The proposal, revision number 2, would return
the development to public streets, eliminate the gates, and
provide 241 single family lots . The previous proposal had
the two lots for the apartment units located on the east side
of the property and wrapped about the fire department and
extended along Country Club Drive. This proposal relocated
that multifamily portion to the west end of the property.
Access would be provided from Country Club and Portola. The
Country Club main access would be at the existing signalized
intersection with Palm Desert Greens to the north. The
Portola access would be near the southerly end of the
property. There would be a series of cul-de-sacs and a
connector street that would run from Portola to Country Club.
The circulation as proposed was deemed acceptable. The
applicant also planned to phase the development.
Commissioner Whitlock asked for clarification on the exit
onto Portola and if it was a right turn only. Mr. Gaugush
indicated it was proposed to be a full access movement with
""' no traffic control on Portola itself .
Mr. Smith stated that the lots as proposed conform to the
8,000 square foot minimum, the 70 foot width minimum and
staff was proposing that the developer be required to adhere
to the R-1 standards for setbacks and height. Staff noted
that the multifamily portion of the development would be
moved from the east side of the development to the west side
of the development and would be located immediately adjacent
to the existing multifamily development (San Tropez) to the
west. The density on the multifamily portion as a result of
the change in proportions increased, whereas before when it
was 220 units the parcel was larger and the overall density
was eight units per acre, while at this point on the ten
acres 162 units nets out at 16 .2 units per acre, but it did
fall under the gross density allowed for a parcel this size
in that the overall total number of units, 403 units ( 162
plus 241) is permitted on the total 80 . 6 acre site. The
number of units increased from 389 to 403 . The engineer
explained to staff that their property had been surveyed and
was larger than originally calculated. Mr. Smith explained
that this project for environmental purposes was previously
assessed and no further documentation was necessary. Staff
recommended approval .
r...
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PALM DESERT PLANNING COMMISSION
MAY 17, 1994
Chairperson Spiegel asked if this was basically the same plan ri
that was originally approved by the planning commission
except now the apartments were moved to adjacent to San
Tropez . Mr. Smith concurred.
Chairperson Spiegel opened the public testimony and asked the
applicant to address the commission.
MR. MIKE GALLAGHER, McBail Company, stated that they
were the owners of this property for over 15 years .
They were a home building company located in Northern
California . They built Sagewood and a project in Indio,
but they did not build in Southern California any more.
They have had this land for a long time and worked with
staff on numerous concepts for this site over the years .
He said that the property was too large for some uses
and too small for others and the result was that it has
sat there for a long time and they had several offers to
purchase it. The existing approval was an option on the
property by some local people which subsequently died
and came back to them. He explained that they would
like to put the property in a form that would be more
saleable for development on a smaller scale, which was
why they were stressing the phasing program. One
problem this property has had over the years was '�
improvements of Country Club and Portola were quite
expensive and hit the first phase of any development
hard. The phasing program would allow them to do the
phasing in small pieces over a longer period of time.
He indicated that it could be more than one developer
completing the project and he knew the protections that
would be necessary for them being the owners of the
property and also recognized what the city was looking
for. He said he had some questions regarding a few
conditions of approval . On page 4 item 11, "As part of
development of phase 1 the streetscape along Portola
Avenue including the masonry wall, landscape and
sidewalk would be completed. " On the engineering
condition for the phasing it allowed them to do Portola
Avenue in phase 1 and phase 2 . He said when he talked
to staff today what they said they were really looking
for was a concept plan for the streetscape along Portola
that would be approved prior to starting the first
phase.
Mr. Smith stated that he would like to insert the word "plan"
after streetscape in that condition.
�
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PALM DESERT PLANNING COMMISSION
MAY 17, 1994
"r Mr. Gallagher said the second issue had to do with the
undergrounding requirements . On page 4 item #1 and on
page 6 item #20, there was a conflict as to whether they
were required absolutely to underground all of the
utilities or whether it was a decision by the utility
company as to whether it was practical or not. He
stated that in some instances the utility lines along
Country Club had been undergrounded and some had not.
He wanted to know which section took precedence.
Mr. Gaugush stated that the primary underground concerns were
the 115 KV transmission lines located on Portola. Those were
very difficult to convert to an underground system. The
condition represented the overhead facilities on Country Club
Drive which were distribution lines as opposed to
transmission lines . The 115 KV lines on Portola were not
specifically called out and those were the ones staff had to
look at the technology that was currently available through
Edison to get those underqround, and it was a very expensive
item. He again stated that the conditions were primarily
directed toward Country Club and those on Portola that were
not transmission lines .
Mr. Gallagher asked for direction; staff was saying this
""' was very expensive, but they were also saying it was
beyond the city' s control as to whether they can be
undergrounded or not.
Mr. Gaugush clarified that the 115 KV in all likelihood would
not be required to be undergrounded because of the technology
and expense; everything else would be.
Mr. Gallagher asked for clarification on page 7 item #22
regarding the traffic analysis . He understood there was
a traffic study done for the previous tentative map.
Mr. Gaugush stated that in looking through the previous
project file, he was unable to locate a traffic analysis . If
one had been done, the condition would become a moot point.
He was not aware of a completed traffic analysis .
Mr. Gallagher asked what staff would be looking for in
the traffic analysis and if it was for adding additional
requirements .
Mr. Gaugush concurred and explained it was a confirmation
that what staff puts forth in the conditions as well as
`
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PALM DESERT PLANNING COMMISSION
MAY 17, 1994
overall analysis of other intersections that would be ai
potentially impacted and the need for fair share mitigation.
Mr. Gallagher said that the item that most interested
them was item #24 on the phasing. He stated that he
assumed that when they said phases 1 or 2 , he could
start Portola with phase 1 and complete it with phase 2
or some combination like that.
Mr. Gaugush clarified that the intent was to try to
accommodate the developer' s needs and keep it open between
phase 1 and 2 because of their physical location with respect
to Portola. Once phase 1 was initiated staff anticipated an
interim entry condition that would be solidified with final
improvements when they went into phase 2 .
Mr. Gallagher concurred and asked if there were any
questions .
Chairperson Spiegel asked if anyone wished to speak in FAVOR
or OPPOSITION to the proposal .
MR. GENOVESE, a resident of Palm Desert Greens, stated
that he had some questions . He asked how far west in
. feet the apartment section was going to go west of the �'
entrance of Palm Desert Greens .
Mr. Smith replied that it went west to the existing
development. Mr. Diaz clarified that it went to the easterly
boundary of San Tropez . Mr. Smith indicated that it extended
approximately 800 feet west of the existing signal .
Mr. Genovese asked when the apartments would be built
and if it would be a separate phase.
Chairperson Spiegel noted it was phase seven, but that did
not mean the development had to be developed in that order.
If there was a demand for apartments, it could be the first
phase after approval . Mr. Diaz stated that if for some
reason the economy turned around and an applicant was willing
to build an apartment project there for that number of units,
there would be a public hearing for that number of units .
The maximum number of units that could be built there was 162
and there would be another public hearing.
Mr. Genovese said that he was concerned because he lived
across the street from this project and if it was done
in phases he would have problems with dust in phases .
22 �
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PALM DESERT PLANNING COMMISSION
MAY 17, 1994
.�.► Mr. Diaz stated that the developer would have to meet the
city' s dust requirements for grading. He also noted that the
prevailing winds generally blew from the west to the east
which would also help to reduce the dust to Palm Desert
Greens . There was also development across from Portola that
would have to be taken care of in terms of dust.
Mr. Genovese asked if staff said there would be no walls
or guarded gates .
Mr. Smith clarified that the developer was removing the gate
guarded aspect of the development--there would be walls as
the phases progressed.
Chairperson Spiegel asked if the only way out of the
apartment complex was the one road that took people out of
the housing development onto Country Club. Mr. Smith replied
that was correct. Chairperson Spiegel asked if there would
be another road out of phase seven onto Country Club; Mr.
Smith stated that the precise plan at that point could
propose another access onto Country Club, but it would be
severely restricted and staff would not encourage it; also,
it would come before the planning commission for approval .
` MR. HAROLD LEVINE, a Casablanca resident, asked about
the height of the apartment project, how many stories it
would be; he said he wanted more information.
Mr. Smith indicated that PR zoning permitted up to two
stories in 30 feet. The apartments would be about 800 feet
removed from the Casablanca development and there would be
approximately eight single family homes between the apartment
units and Casablanca. He did not think Casablanca would even
see the apartments .
Mr. Levine said it was not just a matter of seeing them,
but density. Their community was on 30 acres with 134
units . What they were putting in with the apartment
units was an increase in density that they would object
to. He had no objection ta the single family units, but
did object to the apartment units on the basis that the
density would decrease the value of their property.
Chairperson Spiegel asked if Mr. Levine felt that San Tropez
had an effect on them; Mr. Levine felt it was far enough
removed from them, but this apartment unit would only add to
the problem, particularly to the traffic problem.
� 23
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PALM DESERT PLANNING COMMISSION
MAY 17, 1994
Chairperson Spiegel closed the public hearing and asked for ,�
comments from the commission.
Commissioner Beaty asked if the intent of this request was to
put the development in a more saleable condition, not a
development plan to proceed right now. Mr. Gallagher said
that was correct, but anything could happen. Commissioner
Beaty said he had no problem with the proposal .
Chairperson Spiegel noted it was basically the same plan that
had been approved, except with the movement of the apartment
complex to the west. The lots were a minimum of 8000 square
feet with a 70 foot frontage. He had no objection.
Commissioner Beaty asked if the apartments in the new plan
would be farther away from Casablanca; Mr. Smith replied that
the apartment units would be approximately the same distance
as they were in the former plan, just moved from the east end
to the west.
Action:
Moved by Commissioner Whitlock, seconded by Commissioner
Beaty, approving the findings as presented by staff. Carried
3-0 .
�
Moved by Commissioner Whitlock, seconded by Commissioner
Beaty, adopting Planning Commission Resolution No. 1646,
approving TT 24632 Revision #2, subject to conditions as
amended. Carried 3-0.
IX. MISCELLANEOUS
None.
X. ORAL COMMUNICATIONS - B
MS. ANN GOLDMAN addressed the commission. She said that with
the agenda item regarding Monterey and Country Club, what was
the commission going to do next. It sounded to her like the
developer was asking for 5,000 square foot lots and what was
required in the city was 8, 000 square foot lots . Chairperson
Spiegel said that the 5,000 square foot lots was set up when
the city was building a lot of condominiums, so there were
houses adjacent. Now there were 10,000 square feet for two
houses . These were individual single family homes on 5,000
square feet. Since the city incorporated, homes have been
24 �
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PALM DESERT PLANNING COMMISSION
MAY 17, 1994
•'+ built on 8,000 square foot minimum lots . That wasn' t really
what the zoning said; it said 5,000 square feet so he was
asking staff for a review of that section to possibly change
that, which would not affect this development request. Any
change like that would have to be agreed upon by the
commission and city council, so it would not affect the
proposed project.
Mr. Diaz indicated that a discussion item on 8,000 square
foot lot sizes would be on the next agenda. Mr. Smith
clarified that the ordinance as it presently stands for the
PR zone did not prescribe a minimum lot size; not 5,000, not
6 , 000, not 3,000 . Chairperson Spiegel stated that the change
would be to establish a minimum lot size.
Commissioner Whitlock stated that she liked the fact that the
developer reduced the number of units . Mr. Smith clarified
that the 206 number of units was based on the seven units per
acre. At 8,000 square feet there would be approximately 105
units and the developer was proposing something in the
middle. Mr. Diaz noted that when the project was going to be
condominiums, they had the maximum number of units on it and
that could be presented at the next meeting.
....
XI . ECONOMIC DEVELOPMENT ADVISORY COMMITTEE UPDATE
Mr. Diaz informed commission that the next EDAC meeting would
be May 19, 1994 .
XII . COMMENTS
1 . Chairperson Spiegel noted that he was walking the park
this morning and at the walkways at the entrance from
the streets there were two concrete extensions to keep
cars from driving on the walkways, but some of them had
been vandalized. One was missing and two were lying on
the ground and where they were missing or lying on the
ground, there were metal attachments coming out of the
ground that a person could fall over and hurt
themselves . He asked that staff look into it. Mr.
Gaugush said he would check into it tomorrow.
2 . Mr. Diaz stated that regarding Wheeler' s Desert
Newsletter, staff contacted them and they would be
willing to provide the city with an additional
subscription at a discounted price. What staff proposed
...
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PALM DESERT PLANNING COMMISSION
MAY 17, 1994
was to get one subscription and have it available at the r,�,
meetings and in the office for commission review.
Commission instructed staff to get the subscription.
XIII . ADJOURNMENT
Moved by Commissioner Whitlock, seconded by Commissioner
Beaty, adjourning the meeting by minute motion. Carried 3-0.
The meeting was adjourned at 9 : 16 p.m.
.
��7�i�I •
RAMON A. DIAZ, c ary
ATTEST:
� '
ROBERT A. SPIEGE rson
Palm Desert Planning o ission
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