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HomeMy WebLinkAbout0806 MINUTES PALM DESERT PLANNING COMMISSION REGULAR MEETING TUESDAY - AUGUST 6, 1996 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 : 02 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Ferguson led in the pledge of allegiance . III . ROLL CALL Members Present : Paul Beaty, Chairperson Sonia Campbell Jim Ferguson George Fernandez Members Absent : Sabby Jonathan Staff Present : Phil Drell Mark Greenwood Sandy Jacobson Tonya Monroe Martin Alvarez IV. APPROVAL OF MINUTES: Consideration of the July 16, 1996 meeting minutes . Action• Moved by Commissioner Campbell, seconded by Commissioner Ferguson, approving the July 16, 1996 minutes . Carried 4-0 . V. SUMMARY OF COUNCIL ACTION: None . VI . ORAL COMMUNICATIONS None . VII. CONSENT CALENDAR A. Case No. PMW 96-01 - BAY COLONY-GATEWAY, INC. , Applicant Request for approval of a parcel map waiver to merge three lots into two within Bighorn Country Club. B. Case No. PMW 94-08 - RJR DEVELOPMENT, INC. , Applicant rrr Request for approval of a parcel map waiver to allow an interior lot line MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 1996 adjustment for lots 88 and 89 within too Tract 24539, Belmonte Estates . Action• Moved by Commissioner Campbell, seconded by Commissioner Fernandez, approving the consent calendar by minute motion. Carried 3-0-1 (Commissioner Ferguson abstained) . VIII . PUBLIC HEARINGS A. Continued Case No. CUP 96-18 - MCFADDEN/MCINTOSH ARCHITECTS FOR CAM' S CORNER, Applicants Request for approval of a Negative Declaration of Environmental Impact and conditional use permit for construction and operation of a fuel station/ convenience store with property at the northwest corner of Highway 111 and Deep Canyon Road, also known as APN 625-095- 003 and 004 . Mr. Drell explained that the applicant was still working through the architectural review commission to get an acceptable design. As well , they were having a traffic study prepared. The applicant requested a continuance to September 3 , 1996 . Mr. Drell noted that a total of 136 form letters were received from residents of Hidden Palms relative to traffic congestion and in general opposition to the gas station/mini-mart . Chairperson Beaty stated that the public hearing was open and noted that the commission would most likely be continuing this matter until September 3 , 1996, but if anyone present wished to speak in FAVOR or OPPOSITION, they were welcome to do so. MR. MEL BENJAMIN, Vice President of the Hidden Palms Homeowners Association, stated that he just heard that there was going to be a traffic study done and he couldn' t see how a traffic study done at this time of year could be valid until school starts . He didn' t feel a traffic study done at this time would give the proper results . Chairperson Beaty asked the traffic engineer to comment on that and asked if there were ways to make adjustments for seasonal traffic fluctuations . Mr. Greenwood explained that this type of traffic study was done as much to identify what 2 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 1996 the additional traffic would be as well as what the existing traffic is and it was possible that seasonal variations could have some effect . Chairperson Beaty noted that they encountered the same problem during the summer when they have to do a parking study and he felt that a percentage could be applied because the same patterns would be in effect and asked if that was possible for a traffic study. Mr. Greenwood said that was also possible and although it hasn' t been requested yet, staff could provide to the engineer the historical counts that the city has, both for in season and out of season periods . MS . AGNES DOROTHY TWIG, 079 Chamonix Court , said that her street wasn' t the closest street to the corner under discussion, but she questioned the necessity of having another filling station and convenience store . She stated that just between Deep Canyon Road and San Pablo Avenue alone there were four filling stations . Three of them had facilities with mechanics on duty to take care of car problems . There were three convenience-type stores in the same area: ARCO AM/PM, Circle K and the little liquor store on the southwestern corner. She couldn' t see the necessity of another one and felt that a convenience store would attract an unsavory group of people . She said that she was a widow who lived alone and was concerned. After no further testimony *or comments, Chairperson Beaty left the public hearing open asked for a motion of continuance . Action• Moved by Commissioner Ferguson, seconded by Commissioner Fernandez, continuing CUP 96-18 to September 3 , 1996 by minute motion. Carried 4-0 . B. Case No. VAR 96-5 - GEORGE G. PIRKER, Applicant Request for approval of a variance to Section 25 . 56 . 280 of the municipal code specifically to allow the construction of a detached accessory structure (gazebo) within an enclosed front yard at 48-101 Silver Spur Trail . Mr. Drell introduced Mr. Martin Alvarez as the new Community Development Planning Technician and said that he would be %NW presenting this staff report . 3 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 1996 Mr. Alvarez explained that the property is at 48-101 Silver Spur Trail . The property is located in the southern portion of the city most commonly known as the Silver Spur Ranch area. The requested gazebo is to be located five feet from the property line and would not exceed 12 feet in height . Staff report exhibits A and B showed that the lot has an irregular shape and the position of the house prevents the owner from locating his gazebo in the rear yard. Currently the owner uses the front portion of the site to accommodate his rear yard uses, such as the swimming pool . Staff felt this was the most appropriate and logical location for the gazebo. The gazebo was professionally designed and engineered to be compatible with the surrounding neighborhood and existing home . The project received approval from the Silver Spur Ranchers Association. Staff recommended approval, subject to conditions . Chairperson Beaty opened the public testimony and asked if the applicant was present and wished to address the commission. The applicant spoke from the audience and said they were present to answer any questions . Chairperson Beaty 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 Ferguson, seconded by Commissioner Fernandez, approving the findings as presented by staff . Carried 4-0 . Moved by Commissioner Ferguson, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1756, approving VAR 96-5, subject to conditions . Carried 4-0 . C. Case No. CUP 96-21 - MARK F. JOHNSON/UNITED STATES KARATE ORGANIZATION, Applicant Request for approval of a conditional use permit to allow the operation of a 2500 square foot martial arts school in a unit at the Hovley Center at the southwest corner of Hovley Lane and Eclectic Street in the S . I . (service industrial) zone. Mr. Drell stated that the proposed karate school is located in a building that, although it is located in the industrial park, was designed with a full four parking spaces per 1, 000 4 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 1996 square feet, which is the requirement for office parking. The hours of operation would be between 4 : 30 p.m. and 8 : 30 p.m. in the evenings; on Saturdays the school would not conflict with the peak uses of the other tenants . Staff felt it would be a compatible use, would not create a parking problem and recommended approval . Chairperson Beaty opened the public hearing and asked the applicant to address the commission. The applicant was in the audience and was present to answer questions . Chairperson Beaty asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . There was no one and the public hearing was closed. Action• Moved by Commissioner Fernandez, seconded by Commissioner Campbell , approving the findings as presented by staff . Carried 4-0 . Moved by Commissioner Fernandez, seconded by Commissioner Campbell, adopting Planning Commission Resolution No. 1757 , approving CUP 96-21, subject to conditions . Carried 4-0 . fir.. D. Case No. PP 96-7 - DAVID NELSON FOR ALFRED VOLLENWEIDER, Applicant Request for approval of a precise plan of design for two 2-story fourplex apartment buildings on the east side of Abronia Trail 107 feet north of Candlewood Street . Mr. Drell explained that the request was for 2 fourplex apartment buildings in an existing R-3 zone . The buildings being proposed were similar to the set of ten fourplex buildings that the applicant also constructed on Candlewood. Staff found them to be compatible in that neighborhood. The plans conformed to all code requirements of the R-3 zone and staff recommended approval . Chairperson Beaty opened the public hearing and asked if the applicant wished to address the commission. MR. DAVID NELSON, representing the property owner, stated this is an area with a lot of older homes that were in distress . He felt this was a luxurious complex. r The units were over 1, 200 square feet and the project would enhance the area and be a great benefit to the 5 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 1996 city. He requested approval and said he was present to answer any questions . Chairperson Beaty asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . MS . MARTHA WILSON MORRIS, 45-416 Panorama, stated that she just found out she was living in a distressed house . She has lived there for 16 years . She said that this was a very safe neighborhood and she felt very good about living there by herself . She asked what kind of renter would be brought in by apartments like this and noted that this borders her property. Another concern would be fire truck access . Where Mr. Nelson wants to build, in that back lot there used to be cabanas and a swimming pool that was now covered up. She said that her concern now is the driveway for the sports alley that borders this triangular shaped property which has already been closed at one end. Someone purchased it, closed it off and built a wall across that end. She said it was obvious fire trucks wouldn' t be able to get in there and at the other end, Mr. Nelson would be building his apartments . There were now two large posts with a chain and sign that says no trespassing or no entry. The reason she was so concerned about fire was that directly behind her in the houses there, two or three years ago children set the yard on fire and the fire came within six inches of her oleander bushes, which abuts the back of her house . Had it continued on her house would have burnt . The firemen had a difficult time locating this . The only access they had was to come through that alley road. Her concern was if the road would be blocked at both ends and what sort of things would go on record with the fire department that would ensure that her distressed place didn' t burn down. Mr. Drell stated that the area in the middle of the triangle used to be a Coachella Valley Water District well site, which they abandoned. He assumed that this roadway was the access to the well site . What had happened was that CVWD has divided up that internal triangle and allowed people to buy pieces . Some people have bought them and some haven' t so there was some abandoned area in there. Ms . Morris spoke from the audience and said that she owns two parcels that will abut Mr. Nelson' s property. Mr. Drell said that the plan would be that ultimately all of those pieces would be integrated into existing parcels . There was no reason for that road any more since there was no longer a functioning well site . Ms . Morris said that she has lived there 16 years and CVWD never used it for a well site . Mr. Drell said that 6 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 1996 it seemed like it was CVWD' s intention to divest themselves of that land. He felt that eventually those parcels would be integrated into part of other people' s parcels . Chairperson Beaty noted that there was a three page list of fire department conditions . Commissioner Ferguson indicated there were 17 different conditions : numbers 2-5 required the applicant to provide a minimal fire flow, amount of water that can be pumped per minute, and numbers 11 and 12 require access lanes of certain dimensions which are set forth, so apparently the fire authority was comfortable with their ability to put out this fire . The application was sent to the Riverside County Fire Authority, they reviewed it to make sure they were comfortable with their ability to put down a fire there and those were transmuted into 17 conditions that have already been imposed on the applicant . Mr. Drell said that those were provisions for any fire that was on this property. He didn' t know which parcels were still remanents in there, but each piece of this internal triangle would ultimately be part of someone else' s property and would be like any other back yard of any other lot . Chairperson Beaty noted that the fire department would have access from Panorama. Ms . Morris said not to her back lot and she owns two back lots . She asked if there would be access to the fire department from the proposed project and if they have access from the sports alley. Mr. Drell said that the condition provided for access through this property. Commissioner Ferguson noted that there was a condition that addressed gates, locks and chains that might obstruct fire department access . Mr. Drell read the condition that, "Whenever access into private property is controlled through use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access by emergency vehicles . . . " He said that was referring to access to the proposed project . If they had a gated community they would have to provide them access . He didn' t think the fire department dealt with this . Ms . Morris was worried about access to her own back yard, which used to be accessible through the CVWD road. He felt that CVWD wanted to divest itself of all of its property there and convey all of it to adjacent property owners . He didn' t think they had any intention of maintaining an easement to this central parcel . Before it was a very convenient rear access to these lots while CVWD owned the center and an easement lane, but it seemed that CVWD wasn' t enforcing its easement because it wants to get rid of all this property to the adjacent property owners, then these would just be rear yards of parcels and the fire department would have to get access to VOW a rear yard like they get access from anyone' s rear yard, usually through the front yard. Here there would be some 7 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 1996 very long skinny parcels that have picked up these extra pieces . MS . FRANCINE TINKHAM, 45-417 Panorama stated that she had a better diagram of the site and showed it to staff and commission. She pointed out the location of her home, Ms . Morris' home and the sports corral alley. She felt that it appeared that the easement from CVWD had been sold to Mr. Vollenweider. She said that now there is a fence across the alley and the posts talked about by Ms . Morris . Her concern was the same as Ms . Morris' . She was an absentee owner, her gate into this area was locked, and she was concerned that if fire broke out in this area there wouldn' t be any way to get the fire department to the area. Chairperson Beaty asked what the distance was from Panorama to the center of this property/area. Ms . Tinkham replied that she didn' t know, but felt that Mr. Nelson might know because it was a similar distance to his property. Mr. Drell felt it was probably 140 to 150 feet to the center. Ms . Tinkham thought the whole area was sold off and indicated that her father purchased two of the lots . She showed how she got access to the back area and noted that all the access was originally through this alley/easement . They have very high block walls across the backs of their properties with a simple gate . Chairperson Beaty asked if access could be obtained through the proposed apartment complex. Ms . Tinkham said there was a wall there and unless Mr. Nelson maintains a gate, this area would be completely blocked off and there would be absolutely no way for the fire department to get in. Commissioner Ferguson noted that condition 11 said that all buildings shall be accessible by an all weather roadway extending within 150 feet of all portions of the exterior walls of the first story. His reading of that condition was that if property which is subject to a fire is within 150 feet of an all weather roadway, the fire department has the ability to handle it . He was uncomfortable with his interpretation of that because he wasn' t a fire fighter and he asked the director if it might be appropriate to ask the Riverside County Fire Department to revisit the unique configuration of this lot and make very sure that they can get to the properties . He also asked if Mr. Vollenweider owns the easement . Mr. Nelson replied yes . Mr. Drell said that the condition refers to 150 feet of all the buildings on the project under consideration; it didn' t have anything to do with access to someone else' s property. Commissioner Ferguson clarified that if the median line of that triangle is 140 feet from Panorama, then it was clearly within 150 feet . Mr. Drell agreed that from a fire protection point of 8 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 1996 view, the fire department could, as long as the property owners provide a gate for the firemen to get into the back lots . He said it would be staff' s preference whenever property is divided up and added to parcels that the applicant should go through a lot consolidation process and make it part of their lot and remove walls and fences to allow access to all of their property and that would eliminate isolated pockets of property between parcels . From a fire department point of view, they have complete fire access to Ms . Tinkham' s entire parcel from Abronia. Commissioner Ferguson stated that he would like that confirmation from the fire department . Mr. Drell concurred. Commissioner Ferguson said that the question he had was if they could approve the project with the condition that the Riverside County Fire Authority review the unique configuration of the lots and make sure they were comfortable with the conditions that allow them to protect adjoining lot owners as well as the applicant . Mr. Drell said that he assumed that Ms . Tinkham and Ms . Morris had gates from their existing parcels into this center parcel . Ms . Tinkham said they didn' t, because the gates were locked for safety. Mr. Drell noted she bought more real estate so Ms . Tinkham' s property was under her responsibility and she hadn' t chosen to fence that extra property to make it accessible to her existing lot . Ideally that was what the city would like to see happen. Ms . Tinkham replied that maybe most people would have done that, but since this area was sold no one has gone into that back triangle . The area was the same as it was before, she just owns part of it now. Getting back to it was an impossibility because for safety they have bars on their windows and locks on their yards . Commissioner Ferguson felt that what the fire authority would do in a situation like this is either require her to have a lock that provides them with a key or they would have a certain kind of lock that would allow them to cut it off although they could knock down a brush fire that could be heading to her house and not be impeded by her gate which she has put a lock on. Chairperson Beaty commented that he didn' t feel that gate would stop the fire department . Commissioner Ferguson said that would provide security and give them access . Ms . Tinkham concurred and said that her husband is a fire fighter and they would go in from Panorama to the back there . Commissioner Ferguson said that if the measurements on the map are correct, and he wanted that to be checked and the fire department would get the minutes of this meeting, if the distance was less than 150 feet and if it is unimpeded the fire department should be able to protect her concerns . Chairperson Beaty asked if the fire concern was addressed with a condition, if they had other concerns with the 9 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 1996 project . Ms . Morris said that she was told these were elegant properties and she wanted to know how much the rent would be for these properties . That might make her feel safer. Chairperson Beaty asked if that was appropriate to ask and Commissioner Ferguson asked if that was relevant . Mr. Drell said that she could ask and the applicant could answer if he chose. He suggested that Ms . Morris look at Mr. Nelson' s other projects that were probably ten years old and felt they were probably the nicest buildings in that neighborhood and were well maintained. Mr. Nelson noted that some of the units were at Abronia and Sunset . Ms . Morris said that she would take a look at them. Chairperson Beaty closed the public hearing and asked for comments . Commissioner Ferguson stated that he would move for approval of the findings as amended with a condition that the map that the commission was presented with tonight and other materials including the minutes of this meeting be presented to the Riverside County Fire Authority with the question specifically raised by the neighboring property owners concerning the fire access and that the findings be approved subject to acceptance by the applicants of any such further conditions that the fire authority may place on the application. Mr. Drell clarified that this specific condition shall be brought to the attention of the Fire Marshal and if as a result of the knowledge of this condition he applies additional conditions on this project, the applicant will accept them. If the applicant has a problem with that, he could come back and revisit it . Chairperson Beaty said that he knew the Fire Marshal and he felt that he had probably already visited the site and a phone call might take care of the confusion. Action• Moved by Commissioner Ferguson, seconded by Commissioner Fernandez, approving the findings as presented by staff . Carried 4-0 . Moved by Commissioner Ferguson, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1758 , approving PP 96-7, subject to conditions as amended. Carried 4-0 . IX. MISCELLANEOUS S s None . 10 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 6, 1996 r' X. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE UPDATE None . XI. COMMENTS 1 . Mr. Drell noted that Mr. Muro' s athletic club had been called up to the city council and would be heard on August 22 , 1996 . He indicated that a couple of residents had expressed the desire to file an appeal , but the appeals were not necessary since the item was called up. 2 . Commissioner Ferguson asked if an appeal had been filed regarding the Lilac residence variance, Case No. VAR 96- 3 . Mr. Drell replied no. 3 . Mr. Drell noted that the August 20 planning commission meeting was being cancelled due to a lack of public hearing items . XII. ADJOURNMENT r.r Moved by Commissioner Fernandez, seconded by Chairperson Beaty, adjourning the meeting by minute motion. Carried 4-0 . The meeting was adjourned at 7 : 38 p.m. PHILIP DREL , Secretary ATTEST: PAUL R. BEATY, Chair erson Palm Desert Planning Commission /tm wow 11