Loading...
HomeMy WebLinkAbout1220 MINUTES PALM DESERT PLANNING COMMISSION REGULAR MEETING TUESDAY - DECEMBER 20, 1994 7 :00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE I . CALL TO ORDER Chairperson Jonathan called the meeting to order at 7 : 00 p.m. II . PLEDGE OF ALLEGIANCE Commissioner Beaty led in the pledge of allegiance. III . ROLL CALL Members Present: Sabby Jonathan, Chairperson Paul Beaty George Fernandez Bob Spiegel Carol Whitlock Members Absent: None Staff Present: Ray Diaz Gregg Holtz Marshal Rudolph Tonya Monroe IV. APPROVAL OF MINUTES: 11rr Consideration of the December 6, 1994 meeting minutes . Action: Moved by Commissioner Spiegel, seconded by Commissioner Fernandez, approving the December 6 , 1994 meeting minutes as submitted. Carried 5-0 . V. SUMMARY OF COUNCIL ACTION: Mr. Diaz summarized pertinent December 8, 1994 city council actions . VI . CONSENT CALENDAR None. rr. MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 20, 1994 VII. PUBLIC HEARINGS A. Case No. PM 28090 - GANGI DEVELOPMENT CO. , INC. , Applicant Request for approval of a vesting tentative parcel map to subdivide a 1 . 74 acre parcel into three lots ( . 51 acres, . 51 acres, and . 72 acres) at the northeast corner of Crosby Lane and Della Robbia Lane in the R-1 20,000 zone. Mr. Diaz stated that the request was for a parcel map and all the lots exceeded 20,000 square feet. The general plan designation for the area was medium density residential 5-7 dwelling units per acre. He noted that they would be developing lower at a lower density. He stated that all the lots met the requirements of the R-1 20,000 square foot zone. He indicated there was a letter submitted by four property owners, two of which were presidents of respective property owners associations, but he did not know if they were representing those associations . In the letter they indicated they were concerned with the potential development of the dwelling unit size. He stated that the lots would have to be developed in accordance with standards of the R-1 zone for 20, 000 square foot lots, which required minimum lot depths of 100 feet, minimum lot widths of 90 feet, minimum front yards of 20 feet, minimum year yards of 20 feet, minimum side yards of 20 feet combined, no less than 8 feet, minimum street side yards of 15 feet adjacent to public streets, and a maximum height of 18 feet or one story. He noted that the policy was if any unit was above 15 feet in height, it must be approved by the architectural review commission and two off-street covered parking spaces provided. He stated that the required minimum dwelling unit size was 1500 square feet and maximum lot coverage was 30% . He felt in that area the units would be quite large with comparable area prices . The required findings for approval of a tentative parcel map were met affirmatively and it also met the general plan requirements . No variances were being requested, therefore, staff recommended approval of the tentative tract map. Mr. Diaz noted that in the letter received, there were two homeowners associations abutting the project, however this particular parcel was not part of any homeowners association. In terms of their CC&R' s the city could not impose those. In the future one of the homeowners 2 '"� MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 20, 1994 u.. associations could approach the new owners to bring them in. Staff recommended approval . Commissioner Spiegel asked if this was part of the Ironwood Country Club complex and within their gates; Mr. Diaz replied yes . Commissioner Spiegel asked if there were any restrictions in the total Ironwood complex that were more restrictive than the city; Mr. Diaz stated that probably in terms of dwelling unit size, but they had their own process for variances . Within Ironwood different homeowners associations, because of the PR zone, could modify setbacks and if the homeowners association approved those plans, then staff approved them at the counter. He felt they have had a fairly good working relationship with all the Ironwood homeowners associations . Chairperson Jonathan opened the public testimony and asked the applicant to address the commission. MR. SAL GANGI, President of Gangi Development, stated that he was the applicant for the project. He noted they already had three owners. This was not something they were splitting up to sell . The people that would be building homes there were "on line" . The split was to accommodate them. In regard to any association, he said they would be happy to talk to any of them. As they had seen the split and draft drawings, he did not see any reasons they couldn' t conform to area standards . He said they would be building similar type houses there. He noted that Mr. Brown, who was present, had a house on Della Robbia and would be selling that house and building his new home here. He again stated that he would be happy to talk to the homeowners associations and agreed with the conditions of approval . Commissioner Whitlock asked which association they were actually governed by; Mr. Gangi stated that because they were behind the gates, they were involved somehow with the security system. Then they were governed by the rules of Palm Desert. Commissioner Whitlock asked if those lots were part of an existing association; Mr. Gangi replied no. He stated there were several parcels of land in Ironwood that were not part of any association. He indicated that there were quite a few residences that were not part of any association; they were behind the gates and involved with the security, but nothing else. `� 3 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 20, 1994 Commissioner Spiegel noted that the people that wrote to them were primarily adjacent property owners and they indicated there was a 70 ' by 160 ' excavation on the property that measured up to eight feet in depth. They questioned what agency would govern the filling, compacting and dust control . Mr. Gangi said the city would control that and noted that there was a grading permit obtained to do that--originally one gentleman was going to build one house on the entire site and that was going to be his tennis court site. He excavated the area out to depress his tennis courts, but all the dirt that was moved was done according to code and compacted. He said they would have to do some regrading of that area, which was require a grading permit from the city. Chairperson Jonathan asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposal . MR. EDWARD RITTENHOUSE, 73-105 Crosby Lane in Palm Desert, stated that he signed the letter as President of the Crosby Lane Property Owners Association. He felt their concern was that the city had a minimum square footage requirement of 1500 square feet. He said this area had homes of upward to 4 ,000-6,000 square feet. They knew there would be development on that property, but wanted to be assured that it would be developed in a manner that would not reflect on the value of their homes . Commissioner Spiegel asked if Mr. Rittenhouse had spoken to the developer. Mr. Rittenhouse said he just met him this evening, but understood they were a reputable firm of good reputation. Chairperson Jonathan advised Mr. Rittenhouse that if the normal standards were exceeded, the matter would come back before the commission and the architectural review commission. Otherwise, the city was not in a position to be influenced by any CC&R' s that might or might not influence a piece of property. In terms of aesthetics, size, setbacks, and height limitations, there were standards that would have to be complied with. Mr. Rittenhouse stated that they were aware of that. MR. RICHARD SCHOENBERG, an adjacent property owner, stated that he concurred with Mr. Rittenhouse. His concern about the excavation was that the dirt from the excavation that was taken out to make that hole would be used to build up the homesite. He was concerned about 4 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 20, 1994 r.r fill being put into that property to make the lot higher. That happened when Ironwood did their lots and those lots were elevated considerably. That was his concern. He did not want to see it built up high. He asked what recourse he had if he saw fill going in there. Chairperson Jonathan stated that he had a very responsive and attentive city staff and encouraged Mr. Schoenberg to advise them immediately if he felt there was any kind of a problem. He noted that there were standard height limitations and for the R-1 20,000 zone, it was 18 feet one story. Mr. Schoenberg stated that he was concerned about the height of the fill . Mr. Diaz noted that on the tentative map on each parcel it showed an existing pad height--he said that it did not call for an importation of dirt to raise the pads. He stated that the requirement of the city was that there was a three foot limitation. Mr. Holtz clarified that the height of the pad was based on the height of curb or centerline top of pavement and a specific amount of fill above that area. Mr. Holtz noted there were also considerations when the property was in an alluvial fan as far as the height of the pad and impact on �.. adjacent properties . That was all taken into consideration when the review of the grading plan for the properties came in. He noted that on the plan he was looking at, he could not see any elevations for the various parcels, just square footages . Mr. Diaz stated that staff could place a note that the two presidents of the adjacent homeowners associations would be notified when those grading plans were submitted. He believed that Mr. Gangi would be bringing those plans in as soon as possible. Mr. Diaz stated that with the tennis courts, that would be filled or left alone. He felt they would try to work with it rather than bringing in fill and compacting eight feet of it. If it was filled, he was sure it would be filled with dirt from the site, but staff would let them know. Mr. Schoenberg said that was one of his questions, because the dirt that was taken out of there was onsite and he would object to seeing dirt being brought in and the building heights higher. Chairperson Jonathan closed the public testimony and asked for commission comments . � 5 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 20, 1994 i Commissioner Whitlock stated that given the request and the was responses, she had no problem with the tentative parcel map and would move for approval . Action: Moved by Commissioner Whitlock, seconded by Commissioner Spiegel, approving the findings as presented by staff . Carried 5-0 . Moved by Commissioner Whitlock, seconded by Commissioner Spiegel, adopting Planning Commission Resolution No. 1672, approving PM 28090, subject to conditions . Carried 5-0 . B. Case No. CUP 94-13 - H.N. AND FRANCES C. BERGER FOUNDATION, Applicant Request for approval of a conditional use permit to allow the operation of a 6027 square foot university facility (Chapman University) , including an administrative office and classrooms with the majority of classes taking place after 5 : 00 p.m. at 42-600 Cook Street in the S. I . zone. Mr. Diaz explained that Chapman University wished to relocate to the former Sunrise building. The majority of classes were between 5 : 00 p.m. and 10 : 00 p.m. Some classes would be conducted during the summer between 2 : 00 p.m. and 6 : 00 p.m. He said that realizing the concern that had been raised in the past concerning parking and the owner of the building was also concerned, they have acquired the adjacent 4 . 1 acre parcel and condition number 5 stipulates that a certificate of use with a restrictive covenant requires that the applicant provide additional parking on that site should a parking problem develop from Chapman University. He felt that any time the city could have an institute of higher education, public or private that had been recognized, was a benefit to the city and everyone in the area. Staff recommended approval of the conditional use permit. He noted that letters from some of the tenants had been received. One letter of objection was received from Mr. Don Henry, but it was his understanding that Mr. Henry no longer had a problem. The applicant had spoken with him and explained the proposal . Chairperson Jonathan opened the public testimony and asked the applicant to address the commission. t 6 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 20, 1994 low MR. CHRIS MCGUIRE, President of the H.N. and Frances C. Berger Foundation, 225 Serena in Palm Desert and 1729 Wilson in Arcadia. He stated that they recently purchased that building and the adjacent property. He stated that they were a private, charitable foundation and one of their requirements was to give away a certain amount of money each year. One way they had been doing it was through purchasing buildings in various areas and they tried to set the lease rates below the market rate to help charitable institutions . That was what they were going to do with the Sunrise building. They already had several tenants that were charitable organizations . He said that they did not displace the existing "for profit" tenants, they got to stay as long as their lease was for, but after they left, they would be replaced with charitable tenants . They were also moving their headquarters for the foundation here and would build on the 4 .2 acres . He indicated they recently purchased the . 66 acre parcel at the corner of Caroline and Sheryl . Chapman University was one use they've supported; they have a main campus in Orange California and operate numerous adult education programs throughout California. He noted that Mr. Ron Stevens was present from Chapman to answer any questions . He 'r said they were required to move out of present location. Commissioner Spiegel asked if Mr. McGuire had spoken to Mr. Henry. Mr. McGuire replied yes, and felt Mr. Henry' s concerns had been answered. Chairperson Jonathan 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 Spiegel, approving the findings as presented by staff. Carried 4-0-1 (Chairperson Jonathan abstained) . Moved by Commissioner Whitlock, seconded by Commissioner, adopting Planning Commission Resolution No. 1673, approving CUP 94-13, subject to conditions . Carried 4-0-1 (Chairperson Jonathan abstained) . VIII . ORAL COMMUNICATIONS - A None. MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 20, 1994 IX. MISCELLANEOUS A. Case No. TT 24539 Amendment #1 - CENTURY HOMES, Applicant Request for adoption of a resolution denying an amendment to the conditions of approval of Tentative Tract Map No. 24539 to permit the construction of dwelling units which have lofts and overall building heights of 22 feet. Action: Moved by Commissioner Whitlock, seconded by Commissioner Beaty, approving the findings as submitted by staff. Carried 5-0 . Moved by Commissioner Whitlock, seconded by Commissioner Beaty, adopting Planning Commission Resolution No. 1674, denying TT 24539 Amendment #1 . Carried 5-0 . X. ORAL COMMUNICATIONS - B None. XI . ECONOMIC DEVELOPMENT ADVISORY COMMITTEE UPDATE None. XII . COMMENTS Commissioner Whitlock thanked the staff for allowing the commissions and committees to attend their christmas party. She appreciated the opportunity to participate. Commission concurred. XIII . ADJOURNMENT Moved by Commissioner Whitlock, seconded by Commissioner Beaty, adjourning the meeting by minute motion. Ca ied 5-0 . The meeting was adjourned at 7 : 32 p.m. RAMON A. DIAZ , SbcVdWry ATTEST: t a SABBY JaNA HAN, Chairperson Palm Deser Planning Commission 8