Loading...
HomeMy WebLinkAbout1015 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - OCTOBER 15, 1996 7 :00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE it * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Chairperson Beaty called the meeting to order at 7 : 00 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Jonathan led in the pledge of allegiance. III. ROLL CALL Members Present : Paul Beaty, Chairperson Sonia Campbell Jim Ferguson George Fernandez Sabby Jonathan Members Absent : None Staff Present : Phil Drell Martin Alvarez Sandy Jacobson Mark Greenwood Steve Smith Tonya Monroe IV. APPROVAL OF MINUTES: Consideration of the October 1, 1996 meeting minutes . Action• Moved by Commissioner Ferguson, seconded by Commissioner Campbell, approving the October 1, 1996 minutes . Carried 5-0. V. SUMMARY OF COUNCIL ACTION: Mr. Drell summarized pertinent October 10, 1996 city council actions. VI. ORAL COMMUNICATIONS None. MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 1996 i VII. CONSENT CALENDAR None. VIII. PUBLIC HEARINGS A. Case Nos. TT 28295 and C/Z 96-5 - DESERT SOUTHWEST DEVELOPERS, INC. , Applicants Request for approval of a Negative Declaration of Environmental Impact, change of zone (O.S . , N. to P.R. (4) ) and a tentative tract map to subdivide 20 acres into 69 single family lots for property located on the northeast corner of Fred Waring Drive and Deep Canyon Road. Mr. Alvarez stated that the 20 acre site which fronts on both Fred Waring and Deep Canyon Road was the city' s last date grove with an Open Space designation. Since the construction of the new Civic Center Park, the City set aside a new date grove to i replace it . The zone change from Open Space to Planned Residential four units per acre would be consistent with the City' s General Plan designation of Medium Density Residential and the existing land uses . The tentative tract map would create 69 single family lots on 20 acres . He indicated that the lots would average 8, 500 square feet with the smallest at 8, 000 square feet as required by code and the largest at approximately 10, 000 square feet . He noted that the main ingress/egress points would be from Deep Canyon Road and a secondary access point on the north perimeter from Moss Rose Road. The project would have a perimeter wall which would be appropriately landscaped as approved by the Architectural Review Commission. The main ingress/egress points from Deep Canyon would be landscaped with a lawn and would contain two small date groves . He indicated that the setbacks as outlined in the staff report met all the requirements of the Planned Residential District . Mr. Alvarez noted that in the draft resolution condition no. 14 indicated that lot numbers 7-10, 15-22, 27-34 and 37-44 were all suitable for two story development . As indicated in the staff report, he noted that the proposed map and improvements were consistent with the City' s subdivision regulations and the 2 moo MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 1996 California State Map Act . For purposes of CEQA, the project would not have an adverse impact on the environment and a Negative Declaration of Environmental Impact was prepared. Staff recommended approval, subject to conditions . Commissioner Jonathan noted that there were two ingress/egress points on Deep Canyon. He expressed concern that traffic for the school drop-off currently backs up on Deep Canyon and asked what consideration was given to making the ingress/egress point in the center as the main street and having the other access points made into cul-de-sacs . Mr. Alvarez referred the question to the applicant. Commissioner Jonathan asked if staff knew of any detrimental effect that would occur from moving the access points . Mr. Alvarez referred the question to Public Works' staff . Commissioner Ferguson asked if Mr. Greenwood had any comments. Commissioner Jonathan also noted that there was also a church across the street and they also have a school, so there was traffic going both directions morning and afternoon. He asked if anything would be lost by making the change he suggested. Mr. Greenwood replied that moving the access point to the north wouldn' t harm access from staff' s perspective and i..r it could possibly make things better. Staff was hoping that the signalization improvements that were part of this project would help alleviate some of the congestion that occurs during school hours . They felt it would be adequate as proposed, but there were other alternatives . Commissioner Jonathan stated that he did not want to hold up approval, but asked staff to study that and make a determination if there was an improvement by going northward, if the applicant didn' t have a problem with it, then maybe they could go in that direction. Commissioner Ferguson noted that Deep Canyon would be widened and asked if there would be a left-hand turn lane or if it would go from two lanes to four lanes. He asked what was being done. Mr. Greenwood stated that staff had been exploring a few alternatives for the striping on Deep Canyon. The standard section would be four lane striping but he didn' t feel that the volumes would necessarily call for that, especially since farther north of there it was two lanes and would probably remain that way for quite a while. Staff was exploring a single through lane in each direction with a single left-turn lane widening into a dual left-turn lane at Fred Waring and providing golf cart and bike lanes on Deep Canyon. tow MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 1996 Commissioner Jonathan said that adding thaeffecond turn lane from Deep Canyon heading south onto Fred Waring was a major improvement to easing the traffic congestion. He suggested that the city also consider on Fred Waring heading east, where there were two turn lanes going onto Phyllis Jackson into the high school, they started out as a single turn lane because there was a previous turn lane into the development before the high school and it was a double yellow line, so there was a distance before the turn lane could be used. He said that if the solid yellow line could be changed to a broken yellow line the two lines could stack up more on Fred Waring. He felt that would further ease the traffic flow. Mr. Greenwood replied that it was definitely something they could explore, but a concern was that access to the development on the south side of Fred Waring might have a conflict, but since it was an emergency access, staff would look into it . Chairperson Beaty opened the public hearing and asked the applicant to address the commission. MR. MIKE SMITH, Warner Engineering at 35-325 Date Palm Drive in Cathedral City, stated that they were the engineers on the project . Regarding the comments made about moving the entry road over, they had talked with the Fire Marshal and they had just the amount of length they would allow; if they moved it over they would have too long of a cul-de-sac and they didn' t like that . That was the reason that the entry was located where it was . They met with Joe Gaugush and showed him several different configurations and that was how they ended up with this one. Commissioner Jonathan asked for clarification regarding the Fire Marshal' s comments . Mr. Smith explained that the Fire Marshal has a length of cul-de-sac that he won' t allow and right now it was considered circulation and if it was changed it would not provide adequate circulation. It was not a very big piece of property and after six revisions, this was what they ended up with. 4 ago MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 1996 irr Mr. Drell felt that the solution for residents of this project was that if in fact there was congestion there they could go out Moss Rose Road. Mr. Smith said that when the next property builds out and the access went through to Phyllis Jackson, that would create a lot less traffic. Chairperson Beaty asked for clarification that the access would go through to Phyllis Jackson. Mr. Drell explained that the concern was that when the previous map was first proposed, it had a connection. When it was finally approved, staff didn' t want this to be the short cut down Moss Rose to the high school . Mr. Smith stated that the only other comment he had was that on Public Works Condition No. 17, the requirement was for meandering concrete sidewalks, but on Moss Rose Road there wasn't enough room. He stated that he already talked with Mr. Alvarez about deleting that requirement because there wasn't enough right-of-way or parkway width. It would �.r be a straight walk down the back of the curb because there would be driveways there. Other than that, they had no problems with anything else. He mentioned that his client might come back with a phasing plan because it was surrounded by public streets on three sides and for a small parcel, to build all of that at once would overburden it so much at the first phase that they probably wouldn' t be able to build it. He spoke with Mr. Gaugush about that and he seemed to be fine with phasing the project and phasing the off-site improvements . Commissioner Ferguson asked if Mr. Smith or his client talked with anyone from Sacred Heart Church. He noted that they have had some divided opinions . Mr. Smith stated that he spoke with Mr. Phil Suza up at the Diocese and he understood that something would happen here and with the spacing of their driveways, it didn' t look like there was anything they could do. They had odd spacing and they had several driveways that go into that big parking lot . 1� 5 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 1996 } Commissioner Ferguson asked if they had seen these plans and if they talked with anyone at the church. Mr. Smith noted that everyone within 300 feet of the project was notified of the public hearing. He didn' t have specific conversations with the church itself, but with the Diocese, Phil Suza, who was basically the person in charge of the church. He was the real estate person and he didn't seem to have a concern either way. He understood that sooner or later this piece of property would develop and access wouldn' t be allowed from Fred Waring Drive, so they would have to exit onto Deep Canyon. Commissioner Campbell asked if the ingress/egress on Deep Canyon would face the school or church. Mr. Smith replied that it was very close to their driveway and when they actually went out and did the surveying and engineering, they would get the centerline of their driveway during the engineering phase. Commissioner Campbell clarified that it would be between the school and the church. Mr. Smith concurred and said that their entrance faced their parking lot more than it did the church. Chairperson Beaty asked if anyone wished to address the commission in FAVOR or OPPOSITION to the proposal . MR. RICHARD OSTRIO, a resident on Clover Lane, stated that he belongs to Sacred Heart Church and he was the President of the Perish Council and speaking to Father Timlon about this, Father Timlon was concerned about the ingress and egress . He asked if they would be opposite their driveways, although the only problem would be Sundays with people going in and out of church. He didn' t feel there would be a school problem, but he was concerned that their access points would be opposite their driveways . Chairperson Beaty explained that when the applicant does the engineering, the area would be staked which would show the locations . ,j 6 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 1996 for Mr. Ostrio said that Father Timlon was concerned with that possibility and noted that no one had spoken with him, although they spoke with Phil Suza who sent Father Timlon a small map. That was the only concern of Father Timlon. Commissioner Ferguson noted that the centerline of that driveway was only 375 feet from Fred Waring. He thought that the church' s entrance was a little farther north. Mr. Ostrio said that there were three entrances, but felt it might be more of a problem for the proposed development' s residents on Sunday mornings . Chairperson Beaty closed the public hearing and asked for commission comments. Commissioner Campbell stated that she was familiar with the developer on this project and didn' t see any problem as far as the tenants/residents entering or exiting the complex on Sunday mornings . With the widening of Deep Canyon Road, she didn' t have a problem with this proposal and was in favor of approval . Commissioner Jonathan stated that he was very pleased to see this particular application because it showed that when the commission holds to what they feel is appropriate, developers find a way of making it happen, both from an economic standpoint for the developer and for the city and its residents . He applauded the applicant and felt this was a very appropriate use of that property and he would move for approval . Commissioner Ferguson agreed with Commissioner Jonathan and noted that a previous applicant proposed lots as small as 5200 square feet and said that it would not pencil out to do a normal subdivision here. He also liked the improvements to Deep Canyon that would be done and he was wholeheartedly in favor of the project. He said that he would second the motion. Commissioner Fernandez stated that he was a member of Sacred Heart Church and he thought this would be a great project across from the church and he felt it would work out fine. He thought the project looked good and he was in favor. `.r 7 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 1996 9 Action: Moved by Commissioner Jonathan, seconded by Commissioner Ferguson, approving the findings as presented by staff. Carried 5-0 . Moved by Commissioner Jonathan, seconded by Commissioner Ferguson, adopting Planning Commission Resolution No. 1769, recommending to City Council approval of a Negative Declaration of Environmental Impact, C/Z 96-5 and TT 28295, subject to conditions . Carried 5-0 . B. Case No. PP 96-9 - McFADDEN/McINTOSH ARCHITECTS, Applicant Request for approval of a precise plan of design for a 14, 990 square foot single story warehouse office building on a 40, 813 square foot lot at the southeast corner of Boardwalk and Saint Charles Place . Mr. Smith explained that the property was presently two vacant lots at the intersection of Boardwalk and Saint Charles Place. The intention was to consolidate property and then construct this building on it . He said they fall under the parking requirement of one parking space per 1, 000 square feet and still have the 12 parking spaces left over that would be deeded against the property at 75-100 Mediterranean. If the property changed hands or if someone wished to change the use to the next level of industrial property, then condition 412 would kick in that would allow them to demolish the east wing to eliminate approximately 4, 000 square feet of building and pick up an additional eight parking spaces and would allow the remainder of the building to be used for general industrial use and the parking standards would still provide the 12 parking spaces required for the property at 75-100 Mediterranean. He felt that covered both eventualities . For the purposes of CEQA this was a class 3 categorical exemption and staff recommended approval . Commissioner Jonathan stated that in staff' s listing of the parking requirements in the staff report, in the column that indicates what is provided it said 27 parking spaces. He said that if they deducted the 12 applicable to the other property, 8 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 1996 tow what was provided was 15 and what was required for exclusive warehouse usage and the office was 15 . In essence, in its present form they were exactly meeting the requirement . Mr. Smith explained that in the chart under "provided" he could have put 15 with 27 in brackets, it would be the same thing. Commissioner Jonathan said that if there was a conversion to an industrial use or professional office use, they would have to comply with the conditions of approval for the other uses to be allowed. Mr. Smith concurred. Chairperson Beaty opened the public hearing and asked if the applicant wished to address the commission. MR. CHRIS McFADDEN, McFadden/McIntosh Architects, 73-929 Larrea Street in Palm Desert, stated that they designed the building with a structure that would be easily convertible in the event that the use changed. Mr. Anderson' s intent was to use this facility strictly as a warehouse building and the office space was purely for administrative functions within that facility, so it was a subordinate occupancy. He provided a rendering of the project and �... explained that this would complete the development of the parcels along Boardwalk and they added a clock tower on the project as a point of interest. He noted that a warehouse building was typically bland and he included some archways to be complimentary to Mr. Anderson' s other building. The landscaping would be heavy like the existing building with the rocks . He asked for any 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 Campbell, seconded by Commissioner Fernandez, approving the findings as presented by staff. Carried 5-0 . Moved by Commissioner Campbell, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1770, approving PP 96-9, subject to conditions. Carried 5-0 . %1. 9 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 1996 C. Case No. ZOA 96-4 - CITY OF PALM DESERT, Applicant Request for approval of an amendment to Section 25 . 72 . 130 of the Palm Desert Municipal Code relating to the procedure for revoking conditional use permits . Mr. Smith explained that the City Attorney brought it to staff' s attention that there was a flaw in Section 25 . 72 . 130 . The way it is presently written provides for the automatic suspension or revocation of a conditional use permit. He noted that staff has never had to use it, but it was advisable to correct the situation. The City Attorney' s office provided language which provides for a hearing before revoking a conditional use permit . He said that this was a class 5 categorical exemption for purposes of CEQA. He noted that the language was in the exhibit to the draft resolution. Chairperson Beaty opened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . There was no one and the public hearing was closed. goo Action: Moved by Commissioner Ferguson, seconded by Commissioner Fernandez, approving the findings as presented by staff . Carried 4-1 (Commissioner Campbell voted no) . Moved by Commissioner Ferguson, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1771, approving ZOA 96-4, subject to conditions . Carried 4-1 (Commissioner Campbell voted no) . Commissioner Jonathan asked if Commissioner Campbell wished to elaborate on why she was voting no. Commissioner Campbell indicated that when a conditional use permit was granted it was at a public hearing and the applicant was aware of the rules and regulations for the conditional use permit . Now if anything happens, she felt the CUP should be revoked and then they could come back to the commission asking for another conditional use permit and then tell the commission what they have done to correct the problem. Commissioner Ferguson felt that if the city could legally do that they would. 10 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 15, 1996 Ms. Jacobson explained that it couldn' t just be taken away from them because a conditional use permit grants them a vested right . If it was just taken away, they would be depriving them of their rights . They had to have a hearing first and then thereafter they could come back, although under the code they would have to wait one year. Commissioner Ferguson noted that was procedural due process . Mr. Drell said that basically the commission could revoke the conditional use permit, he couldn' t. Ms. Jacobson clarified that right now it automatically suspends the permit and then a hearing was held. This was only changing the suspension part . IX. MISCELLANEOUS None. X. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE UPDATE None. XI. COMMENTS None. XII. ADJOURNMENT Moved by Commissioner Campbell, seconded by Commissioner Fernandez, adjourning the meeting by minute motion. Carried 5- 0 . The meeting was adjourned at 7 :32 p.m. AA-"Z21 PHILIP DREL , Secretary ATTEST: PAUL R. BEATY, Chairpe on Palm Desert Planning Commission /tm fir. 11