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Home My WebLink About1107 MINUTES PALM DESERT PLANNING COMMISSION REGULAR MEETING TUESDAY - NOVEMBER 7, 1995 7 :00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE I . CALL TO ORDER Chairperson Beaty called the meeting to order at 7 : 00 p.m. II . PLEDGE OF ALLEGIANCE Commissioner Fernandez led in the pledge of allegiance. III . ROLL CALL Members Present: Paul Beaty, Chairperson Sonia Campbell James Ferguson George Fernandez Sabby Jonathan Members Absent: None Staff Present: Phil Drell Marshall Rudolph Tonya Monroe IV. APPROVAL OF MINUTES: Consideration of the October 17, 1995 meeting minutes . Commissioner Ferguson noted a correction on page 28 . Commission concurred. Action: Moved by Commissioner Jonathan, seconded by Commissioner Campbell, approving the October 17, 1995 minutes as amended. Carried 5-.0. V. SUMMARY OF COUNCIL ACTION: Mr. Drell indicated there were no October 23, 1995 pertinent city council items . VI . ORAL COMMUNICATIONS - A None. VII . CONSENT CALENDAR A. Case No. TT 24984 - DANAVON 'L.'� HWW,.• Applicant Request for approval of •a third one-year time extension for the uncompleted MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 7, 1995 portion of Tentative Tract 24984 (The ,fir Grove) located on the west side of Deep Canyon south of Fred Waring. Commissioner Campbell noted that in Mr. Horn' s letter he referred to the design review and asked if the commission approved the consent calendar, if that meant the commission approved the design review also. Mr. Drell concurred. Commissioner Jonathan clarified that it was the design that was originally approved. Mr. Drell stated that this was the existing homes they have been building. There had been no change in the design of the homes . Commissioner Campbell asked why they were asking for the extension. Mr. Drell explained that they were probably selling houses slower than expected, therefore, they were doing the development phase by phase. Chairperson Beaty asked if the commission normally granted a third request. Mr. Drell explained that typically if there was not a problem with the project, the commission could grant up to five years . The state law eventually said they couldn' t continue. Chairperson Beaty recalled that previously the commission only approved the first and second requests . Commissioner Jonathan noted that the commission's practice had been to go no more than 2 one-year extensions, wo but with the slow economic situation, the commission had not had a problem with 3rd one-year extensions . It was always at the discretion of the commission. Mr. Drell explained that staff ' s position was that if there was no problem with the project and the ordinances had not changed, staff did not have a problem. Action: Moved by Commissioner Campbell, seconded by Commissioner Ferguson, approving the consent calendar by minute motion. Carried 5-0 . VIII . PUBLIC HEARINGS A. Case No. CUP 95-10 - PALM DESERT REDEVELOPMENT AGENCY, Applicant Request for approval of a conditional use permit to allow operation of a 3675 square foot restaurant with beer, wine and spirits service at 74-011 Highway 111 in the C-1 S.P. zone. 2 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 7, 1995 low Mr. Drell explained that this was related to the precise plan that commission approved at the last meeting where staff had neglected to advertize the conditional use permit for the restaurant and the liquor license. At that meeting commission also requested a traffic study and that study was underway and was being scheduled to come before the commission at the next meeting. Commissioner Campbell asked if staff knew the name of the restaurant. Mr. Drell said that RDA was using this as a marketing vehicle so a restaurant operator could know exactly when they offered for the property that it was all approved and this could be done. It was a mechanism to simplify the sale of the land. Chairperson Beaty opened the public testimony and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . There was no one and the public testimony was closed. Commissioner Campbell felt that the city would get a better class of restaurant if they were allowed to serve the full spectrum of drinks and was in favor of the liquor license. �... Commissioner Fernandez agreed and was in favor of granting approval of the license. Commissioner Ferguson also agreed, subject to the traffic study and his concerns expressed at the last meeting about trying to address the existing problem. He felt it made sense to allow beer, wine and liquor service at the restaurant. Chairperson Beaty felt it would be a high class operation where the city wouldn't have to be concerned about control . Action: Moved by Commissioner Jonathan, seconded by Commissioner Campbell, approving the findings as presented by staff. Carried 5-0 . Moved by Commissioner Jonathan, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1709, approving CUP 95-10, subject to conditions . Carried 5-0 . %NW 3 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 7, 1995 B. Case Nos . PP 95-9 , CUP 95-9, C/Z 95-5, ZOA 95-1 - r/ COACHELLA VALLEY HOUSING COALITION, Applicant Request for approval of a Negative Declaration of Environmental Impact, a precise plan, a conditional use permit, and a change of zone from R-1 9 ,000 to PR-5 and R-1 9 ,000 to O.S. , to allow construction of 40 single family self-help homes on six acres, 36 apartment units with a 3224 square foot administration/ conference building on 3. 6 acres, a 7500 square foot office building on 1 . 27 acres and a 5 . 2 acre park on the west side of Washington Street approximately 285 feet south of Mountain View (APN 637-330-001) . Also included is the request for a zoning ordinance amendment to allow office buildings in the R-3 zone with a conditional use permit when adjacent to a major arterial . The application was withdrawn. Action: None. IX. ORAL COMMUNICATIONS MW None. X. MISCELLANEOUS Mr. Drell stated that staff had an add-on item which came to them after the posting of the agenda and staff felt it was of significant emergency to warrant being added to the agenda. Mr. Rudolph explained that to add it to the agenda it required a 4/5ths vote of the commission. Mr. Drell explained that this involved a lot line adjustment which was approved previously. Typically the title change was coincidental with the recordation of the new line, but in this case there had been a lien problem with the other property so that the map got recorded, but the property ownership was never transferred. The applicant sold his house and because the property now included an area which he doesn't own, it created a title problem. Mr. Drell stated that the property was scheduled to close next week and the new owner was supposed to move in next week. He said the applicant had to get this new map recorded to clear his title in order to proceed with the sale of the home. The action would move the line back to what it was before the last 4 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 7, 1995 �••+ parcel map waiver. With a 4/5ths vote of the commission it could be added to the agenda. Action: Moved by Commissioner Campbell, seconded by Commissioner Ferguson, adding PMW 95-24 to the agenda by minute motion. Carried 5-0 . A. Case No. PMW 95-24 - JAMES SATTLEY, Applicant Request for approval of a parcel map waiver to reverse a previously approved parcel map waiver ( #93-5) for property located on San Marino Circle. Chairperson Beaty asked what the reason was behind the original request. MR. JAMES SATTLEY informed commission that they were going to purchase the property from the neighbors to build onto the back of their house, but the neighbors had people as a second trustee who wouldn't give permission unless they received payment in full . Chairperson Beaty asked if there were any other questions or comments . There were none and Chairperson Beaty requested a motion by commission. Action: Moved by Commissioner Campbell, seconded by Commissioner Fernandez, approving PMW 95-24 by minute motion. Carried 5- 0 . XI . ECONOMIC DEVELOPMENT ADVISORY COMMITTEE UPDATE None. XII . COMMENTS 1 . Commissioner Jonathan commended staff in being so responsive and quick to address this situation. 2 . Chairperson Beaty also commended staff for quickly fixing a traffic signal problem, noting it was fixed the next day after his call . •.,. 5 MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 7, 1995 3 . Commissioner Ferguson informed commission that he would Wo absent from the next meeting. He would be out of the country on vacation. XIII . ADJOURNMENT Moved by Commissioner Campbell, seconded by Commissioner Fernandez, adjourning the meeting to November 21, 1995 by minute motion. Carried 5-0 . The meeting was adjourned at 7 : 15 p.m. PHILIP DRELL, Acting Secretary ATTEST: - 'D" PAUL 'TiMTY, Chairperson Palm Desert Planning Commission �1 /tm 6