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HomeMy WebLinkAbout0701 MINUTES PALM DESERT PLANNING COMMISSION REGULAR MEETING TUESDAY - JULY 1, 1997 7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE I. CALL TO ORDER Chairperson Ferguson 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: Jim Ferguson, Chairperson Paul Beaty Sonia Campbell George Fernandez Members Absent: Sabby Jonathan Staff Present: Phil Drell Steve Smith Dave Erwin Tonya Monroe IV. APPROVAL OF MINUTES: Consideration of the June 17, 1997 meeting minutes. Action: Moved by Commissioner Beaty, seconded by Commissioner Campbell, approving the June 17, 1997 minutes as submitted. Carried 4-0. V. SUMMARY OF COUNCIL ACTION: Mr. Drell summarized the pertinent June 26, 1997 City Council items. VI. ORAL COMMUNICATIONS None. VII. CONSENT CALENDAR A. Case No. TT 26533 - LOUIS A. CONTER, Applicant Request for approval of a second one-year time extension for TT 26553, a 20-lot single family subdivision located on the northwest end of Avondale Country Club, south of Frank Sinatra Drive. Action: Moved by Commissioner Beaty, seconded by Commissioner Fernandez, approving the consent calendar by minute motion. Carried 4-0. MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 1997 Vlll. PUBLIC HEARINGS ..rr A. Case No. CUP 01-82 AMENDMENT NO. 4 - FOUNDATION FOR THE RETARDED OF THE DESERT, Applicant Request for approval of an amendment to a conditional use permit to allow construction of a 25,744 square foot office/warehouse addition in the Public/Institution (P) zone at Foundation for the Retarded of the Desert at 73-255 Country Club Drive. Mr. Smith explained that the site is located on the south side of Country Club Drive. He noted that Planning Commission originally approved the first phase of the development in February 1982; Amendment #1 allowed a minor addition in 1984; Amendment #2 was in 1993, and Amendment #3 in 1986 allowed Alcoholics Anonymous and a church to operate out of the facility. They were now looked at Amendment #4. Mr. Smith stated that the site was seven and a half acres. A senior apartment complex was located to the east, to the west the Sagewood subdivision, to the north across Country Club Drive Suncrest mobile home park, and to the south an approved single family subdivision where they put in the curb and gutter but there were no streets or homes built at this time. He explained that the request was for a 25,744 square foot addition. Approximately 9,000 square feet of that would be entry, conference rooms and offices. Approximately 16,000 square feet would be workshop area for embroidery and silk screening. The facility included a proposed loading dock at the southeast corner. Access would be along the west side of the proposed building, in effect a continuation of the existing driveway and parking lot system that exists on the site now. The matter was before Planning Commission because some of the conditions on earlier approvals limited height to 14 feet and prohibited roof-mounted equipment. The buildings were being proposed at 27 feet with some roof-mounted screens to hide the roof-mounted equipment. Commission would be considering waiving those two items and replacing them with new conditions if the commission approved the request. Staff indicated that in 1993 commission approved a 15,000 square foot addition, plus the relocation of three duplexes from Sacred Heart Church. He stated that for this project the legal notice resulted in considerable feedback. The commission received a petition signed by approximately 20 area residents representing 13 different properties in the Sagewood community. There was also a letter from the Housing Authority asking for a continuance and a letter from the Palm Desert Redevelopment Agency Housing Coordinator asking for a continuance. Mr. Smith indicated that the petition from the area residents, which staff received late Friday afternoon, outlined seven concerns. He also reported that the applicant met with some of the same people late Friday afternoon and the applicant provided the commission a synopsis of the discussion, along with some proposed remedies for some of the concerns that were addressed. Mr. Smith stated that staff was in favor of a two-week continuance pursuant to the request by the Housing Authority and the Redevelopment Agency, but would like to hear from the area residents to see if there might be some other concerns that could be addressed during the two-week continuance. He asked for any questions. Commissioner Campbell noted that the buildings were proposed at 27 feet plus three feet for a total of 30 feet. There was also a statement that the building 2 MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 1997 r.. floor elevation would be several feet below the adjacent residences to the west so that the apparent building height would be less than 25 feet. She asked for clarification. Mr. Smith explained that the height would vary going in a southerly direction. There would be at least a two-foot difference and perhaps more compared to the adjacent grade. It would be range between two and three feet. Chairperson Ferguson indicated that one question was raised repeatedly when he was evaluating and discussing this project with various people. He asked if the Public Use zone, when ascertaining what was appropriate and what wasn't appropriate for that zone, if the inquiry was properly focused on what the use is or who the user is. Mr. Smith stated that he brought a copy of the Public Institution zone and clarified that all uses were conditional uses. There were no outright permitted uses. The uses ranged from agricultural experimental facilities, animal shelters, cemeteries, churches, government supported residential developments, hospitals, libraries, public buildings and grounds, television and radio recording studios, outdoor sales of arts, crafts, clothing, goods, wares and merchandise similar to the College of the Desert Street Fair. In the instance at hand, they were dealing with a public or private nonprofit school and college. That was the category it went under in its original state. The Foundation for the Retarded indicated that if this expansion was approved, it would allow them to provide service to an additional 250 persons needing the help. He agreed that it was a very fine line as to where their warehousing operation might exceed and become a "warehouse use" that should be in an industrial zone, but there was no question that they were a nonprofit organization providing the public service which was the intention for the zone. Chairperson Ferguson asked if it would be fair to say that the reason it was permitted in the first instance, irrespective of the intensity of the use, was the nexus to public benefit. Mr. Smith said he believed that was the case. Chairperson Ferguson asked if they were only doing handicrafts and weren't involved in vocational training, the criticism that it was an industrial use that should be in an industrial zone would be well taken. Mr. Smith agreed and indicated the intensity would become the issue at that point. Commissioner Fernandez asked if there had been any complaints or reports filed by neighbors in the area because of noise or any other issues. Mr. Smith replied no, there weren't any that he was familiar with but noted that typically complaints were turned into the Code Compliance Department, but he was sure that Planning staff would have heard about it. Chairperson Ferguson noted that the last time that was checked was when the Planning Commission considered restricting the use by Alcoholics Anonymous at this location. He checked at that time and there hadn't been any complaints. Chairperson Ferguson opened the public hearing and indicated that depending upon the wishes of the commission, he might not close the public hearing tonight. He noted he would ask the applicant to speak first, then anyone in favor of the project to speak, then anyone opposed to the project, and then a brief rebuttal period for the applicant to address any opposition articulated. Chairperson Ferguson noted that there was a request that the matter be continued and that was the reason for leaving the public hearing open rather than closing it. Chairperson Ferguson invited the applicant to address the r. commission. 3 MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 1997 MR. JOHN VUKSIC, 73-030 Caliandra in Palm Desert, informed commission that he was the architect on the project and he wanted to briefly talk about art the project and then would turn over the discussion to the Director of the Foundation, Dr. Farmer. Mr. Vuksic said that the building would be set at a height approximately two feet lower than the Las Serenas Apartments to the east and the height difference would range from three to four feet on the Sagewood side. The setbacks of the building were 24 feet along the Las Serenas side with the high portion of the building (for the main workshop) 47 YZ feet from the Las Serenas Apartments. The setback from the Sagewood side would be 95 feet at the entry portico and 110 feet or more for the remainder of the building. Regarding the building architecture, he said he felt fortunate to be the architect and indicated that the Foundation gave him license to create what he felt was a wonderful piece of architecture. There was a rich use of colors, materials and textures and they have attempted to break down the scale of this building to make it much more compassionate to the surroundings and to the human scale. He called attention to a rendering showing the entry design. He noted there were trailers at the location now as well as dumpsters and a large open site that was depressed down below both sides. He said they have been working with Mr. Smith on conditions of approval and some of the main concerns they looked at were the hours of construction, the hours of the facility's operation, delivery hours, the number of deliveries and noise issues. If it seemed needed, he would go into those issues during the rebuttal time. He informed commission that he met with the neighbors and the commission received a packet that had the letter that they mailed out and a report on the results of the meeting. He felt they were making headway with the concerns and noted that they were really interested to hear what the concerns were. The main item seemed to be security and the minibuses which were the primary vehicles other than cars and delivery trucks which would be extremely infrequent, but the minibuses that brought the clients to the Foundation and picked them up at the end of the day would be substantial. The parking lot lighting, the hours of operation and screening of the facility were also issues. He felt they had made headway in addressing all of those items as indicated in the packet and he would be happy to go into further detail if the commission wished. Chairperson Ferguson asked if there were any questions for Mr. Vuksic. There were none. DR. FARMER informed commission that the Foundation for the Retarded has been in existence since 1959. Its primary purpose is to provide services to the mentally retarded and physically disabled. In doing so the type of service being provided is one of education, second is vocational training, third is job training and placement in the community for employment. That was the primary function of what they do. They looked at the industry in the valley. He noted that there was a very limited amount of resources in the Coachella Valley for industrial development working on large contract areas teaching individuals various functions of different jobs so that they could learn those jobs and work in the community. What the Foundation had undertaken was a review of the work climate and what the mentally retarded and disabled could do. That was why they focused on the various 4 MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 1997 areas of silk screening, embroidery work, bulk mailing, shrink wrap, kitchen training, ground maintenance and maintenance of a facility. Those were the primary tasks which they focused on. Within the last two years they have increased in their growth from approximately 108 people to 185. The state of California was moving in a direction of not accepting mentally retarded people into the state developmental centers any longer. That was because their average cost per year has reached $150,000 per person. The Foundation's average cost locally was approximately $8,000 per person. The state of California was de-institutionalizing and moving more and more people back into the community and accepting fewer people into the state institutional system. With that in mind, individuals leaving school were enrolling into their program. They have 14 new people who are scheduled between now and September 28 to be enrolled into their training program. They have been coming to their facility for approximately eight weeks on a training program with the school and now they would begin their enrollment. Their focus was for eventual job placement and earning an income so that they do not become tax recipients as long as necessary. They could become tax payers. They have 50 people working in the community right now. Those individuals were paying taxes and they follow them every day to make sure their job is right for them and to make sure they are doing what is necessary to be employed. In their new facility they were expanding the silk screening because they now work with various casinos out of Las Vegas, large contracts from other cities, as well as embroidery work which they do for Staples, McDonald's, Hamburger Hamlet, Pizza Hut and various clubs throughout the valley. They also did �+ almost all the silk screening for some of the middle schools and high schools. They needed to expand their facility and by doing this, over a 20 year period they could reach 250 new people. That would take 20 years because they would average anywhere between 20 and 60 people per year and that was the progression and their forecast. By doing that they would be training them to work in the community so their population was in an evolving state. People come in and learn and it usually takes between two and five years, but for some it was for all their lives. Those that were there for the 2-5 years would be moving on and working in the community and they have job coaches that work with them in the community and that was how they could be successful. He said that their organization in the past two years has received recognition from the Inland Regional Center, the State Department of Developmental Services, and the Department of Health and Welfare as not only being innovative and focusing directly on job training and job skills for the disabled, but for developing successful innovative programs that help individuals. He asked for any questions. Chairperson Ferguson stated that a lot of the concerns raised by the neighbors dealt with the volume of traffic, anticipated noise and to a lesser degree the visual mitigation that may take place. He asked what traffic volume they were anticipating for delivery vehicles and shipping vehicles. Dr. Farmer addressed delivery vehicles first. He explained that currently that would be increased by an estimated one truck per week. That would be over the next 3-5 years. That didn't include trucks that deliver Coca %MW Cola to their facility, Pepsi, or food and they were average type of trucks 5 MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 1997 that would come in. He described delivery trucks as trucks that would deliver products like shirts, hats, pants and things they would embroider. They would continue to use United Parcel Service (UPS) and they deliver at 1 1 :00 a.m. and 2:00 p.m. each day and they have been doing that for the past two years. Any of their products that were delivered were worked on and shipped out by UPS. He didn't believe delivery trucks would be a major problem. However, he agreed with the neighbors that they would prohibit 18 wheel large trucks because they could restrict that to regular sized trucks. That was very possible and would reduce traffic and noise. As far as vehicles for transporting individuals, right now they had approximately nine or ten trucks/ mini vans. Most were 16 passenger vans with a two- wheelchair capacity. One was a 1 1-wheelchair capacity and two or three others were the same size. Those sizes were approximately 24-29 feet long because they take a lot of wheelchairs and they come in one driveway, do a circle and park in line and wait for the clients to load and once they were loaded, they pulled out. He estimated that this would increase by two vehicles over the next year and in the year after that by one more vehicle. After that he didn't want to give an estimate since he didn't know what the growth rate would be then. They might not add any and it would stay the same. Chairperson Ferguson asked what the drop off and pick up times were for the mini vans. Dr. Farmer stated that they start arriving at 7:45 a.m. and some would be there by 7:30 a.m., but they didn't open the doors until 7:45 a.m. If the of bus arrived early, staff would open the doors. They returned to load at 2:45 p.m. and the clients were loaded between 3:00 p.m. and 3:10 p.m. and by 3:30 p.m. most of the clients were gone. Sometimes there were some stragglers or clients waiting for their vehicles. Chairperson Ferguson asked if Dr. Farmer anticipated any activity after 3:30 p.m. in the afternoon in the new addition. Dr. Farmer indicated that staff would be there until 5:00 p.m. or 5:30 p.m. Chairperson Ferguson asked how many staff persons they had. Dr. Farmer estimated about 18. Chairperson Ferguson asked what time all activity would cease in the new addition. Dr. Farmer stated that the work components were supposed to end at 4:30 p.m., but sometimes he was there until 7:00 or 7:30 p.m. Their normal business hours were 8:00 a.m. until 4:30 p.m. Up in their current facility, they do have a dance approximately once every quarter like for Valentine's Day, New Year's Day, one in the summer and one around Halloween and they would use the facility at night. They would start around 6:00 p.m. and end at approximately 9:00 p.m. He clarified that was for the existing facility. two 6 MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 1997 Chairperson Ferguson asked if there would be any evening functions whatsoever in the proposed expansion. Dr. Farmer said no. Chairperson Ferguson asked if it would be fair to say that by 5:00 p.m. every evening other than with the exception of the occasional staff member staying late, all activity would cease at this facility. Dr. Farmer replied yes. Chairperson Ferguson asked if the earliest it would begin would be 7:30 a.m. Dr. Farmer concurred. Chairperson Ferguson asked how many clients Dr. Farmer was anticipating over the expansion period in five, ten and 20 year increments. Dr. Farmer said over the next five years they anticipate an average of 28-32 people per year. He concurred that at the end of five years they would be up to 150 people. That estimate was based on school enrollment. Commissioner Beaty asked if there presently were 110 people. Dr. Farmer clarified that right now there were 180 all together, but approximately 50 people arrive in the morning, load up in the vans and go out to the Marriott, the La Quinta Hotel and other places like that. They were on the move after they check in. Chairperson Ferguson asked how many years they had been operating at the existing facility. Dr. Farmer said they have been in operation there since 1984. Chairperson Ferguson asked if to Dr. Farmer's knowledge if any complaints had been received about their operation. Dr. Farmer replied no, not to his knowledge. Commissioner Campbell asked for clarification on how many of the 180 people leave the facility to go out to other places. Dr. Farmer replied about 50 people. Commissioner Campbell noted that left 130 people and indicated that as the years go by and they had more people, more people would be out in the work force also. Dr. Farmer concurred. He said that as they learn and are capable they would go out into the work force. He stated that they wouldn't place %., someone in the work environment if they were incapable of performing 7 MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 1997 because that would hurt the client, hurt the business and would hurt the Foundation. They wanted to make sure everyone was trained and capable of being placed. He stated that they do place quite a few people. Commissioner Campbell asked if at anyone time there would be 250 people there all day. Dr. Farmer replied no. In order to get to that number it would take the 20 years per their estimates. Chairperson Ferguson stated that per the documents commission received, there were approximately six area residents present at the meeting with the Foundation and asked if that was accurate. Dr. Farmer replied yes. He had a sign-in sheet and there were six, plus the landscape architect. Chairperson Ferguson asked if they sent a meeting notice to everyone within the 300-foot perimiater. Dr. Farmer replied yes. Chairperson Ferguson noted that item 7 indicated that they modified the drop off and pick up area for the clients and asked if Dr. Farmer could show the commission exactly where that area was. x Dr. Farmer explained that the architect was looking at redesigning and modifying the design so that vehicles would move from the west to the north end of the property. As pointed out by Sagewood residents that would be good because they would only have the traffic noise coming in and then Las Serenas would have the exiting amount of noise. That was why when they said they could do that they would be eliminating some parking spaces and trimming the sidewalk so that it would be flush with the driveway so that some individuals that have a hard time walking wouldn't have to walk up a step. Chairperson Ferguson asked if Dr. Farmer could estimate how many feet south of the existing development line that would permit vehicles to go into for the drop off. Mr. Vuksic replied it would be about 120 feet. Chairperson Ferguson asked if it would be fair to say that the increased noise they were evaluating tonight were the increase of three additional mini vans going 100 feet into the new area at approximately 7:45 a.m. and at approximately 2:45 p.m. five days a week and the increase of one delivery truck per week at either 1 1 :00 a.m. or 2:00 p.m. Dr. Farmer said he didn't know what time the delivery truck would arrive, but it would be between 8:00 a.m. and 4:30 p.m. UPS arrived at 2:00 p.m. and 1 1 :00 a.m. 8 MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 1997 r... Mr. Vuksic noted there would be three additional mini vans. Chairperson Ferguson clarified that he was trying to differentiate between the existing use already allowed and the proposed increase in vehicular traffic, increased noise potential, and the view potentials that could be dealt with separately. Chairperson Ferguson noted that there have been two requests, one by RDA and one by the Housing Authority, to continue this matter for two weeks and asked if Dr. Farmer had any objection to a continuance. Dr. Farmer replied no. Commissioner Campbell asked if the UPS pickup and delivery would be at the same location. Dr. Farmer said that once the additional area was established, UPS would be going to the back loading dock because that was where they had their secured area for finished products. Chairperson Ferguson asked if anyone wished to speak in FAVOR of the application. There was no one. He asked if anyone wished to speak in OPPOSITION. MR. MICHAEL MANIS, 40-080 Silktree Court in the Sagewood development adjacent to the proposed project, stated that commission received his letter that he wrote on June 20. Of the seven objections he submitted, five had been addressed by the applicant, primarily at the meeting they attended on Friday. He commented that six attendees might not seem like a lot, but he represented all the people who signed the petition and Greg Studor was at the meeting representing the homeowner's association. The applicant alleviated his concerns on five of the seven items and they listed them on their paper tonight so if the commission were to vote in favor of the project and if it was conditioned upon the claims they made in their report, then he would have five of the seven objections taken care of and he would feel better about that. The only items that weren't addressed dealt with the weekend use of the property, but in conversations with the applicant, they said they didn't intend to use the facility on the weekend at all and asked if that could be added to the list. Dr. Farmer stated that they have no intention of using the facility on weekends. Chairperson Ferguson asked if Dr. Farmer would be opposed to a condition of approval to that effect. Dr. Farmer said he had no objection to that because their clients only worked Monday through Friday. Mr. Manis asked if that included the other uses such as the church and other customers on the weekends. %,No Dr. Farmer stated that they would not use the new building. 9 MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 1997 Chairperson Ferguson stated that he understood that no use other than the one being discussed tonight would be permitted, in the evenings or on weekends. Chairperson Ferguson noted that Dr. Farmer was in the audience nodding that that was correct. Mr. Manis said the only other item on his list was addressed when Chairperson Ferguson asked staff earlier if they were discussing the use or the user. He indicated that none of the Sagewood residents objected to the user. It was a good organization that has done a lot of good for the city and they were happy to have them as neighbors, but the use was the problem and the commission would have to decide if they have gone beyond the educational/public use into an industrial use which the size of the building seemed to indicate and the traffic flow, even if they were now going to take them a little further to the north that would still seem to indicate to him the possibility that they might be bordering on an industrial use rather than what they have. That was up to the commission to decide and he wanted to suggest that they might have a Wal-Mart in sheep's clothing here. MR. RON MEYER, 49-122 Garwin Drive in Indio, stated that he was with the Housing Authority and indicated that at this time the Housing Authority was not opposed to the project, but they wanted a continuance so that they could study it. Along the perimeter that they share with the Foundation there were approximately 32 units that are right on the fence and while they have indicated that they would build a block wall along that perimeter, they wanted to take a look at the specifications for that block wall. Also, while the architect provided them with a set of blueprints for this which were going to their Riverside office tomorrow, one point he wanted to make was that the loading docks that they would use would be 19 feet 4 inches from their perimeter, so it was very close. MR. GREG STUDOR, 40-128 Sagewood, stated that he wanted to express his concern relative to traffic. He indicated that his property backs up to the area which would be the tallest part of the building, so they would be looking from their yard into the tallest part of the building. He felt the applicant had addressed part of the traffic issue. All of the traffic now was to the front of the property which didn't impact their community, but when they were talking about increased traffic with three vehicles over what they have now, the increase in traffic would be all the traffic being moved to the back instead of just the three vehicles. It would be all delivery vehicles and all traffic that would be going to the back of the building. Also, he was concerned about weekend use such as the church and things like that. Another concern was that if there was any kind of traffic on the weekend or unauthorized people parking back there, teenagers partying or whatever, there would be access back there that would be closed off from public view that for him being located right over the fence was a concern. They talked about possibly putting in a gate to eliminate any kind of traffic that would possibly happen on the weekend or in the evenings. He said they addressed some of these things, but those were his concerns, added traffic and noise. He also stated that they were concerned about lights and having tall lights impacting their yard area. If there was not going to be any evening use and �rr1 10 MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 1997 i.. the project was approved, they would like to see some lower lighting and something that wouldn't impact into the neighborhood rather than having big street lights and suggested some security type of lighting and lower profile lights so they wouldn't have to look at street lights. Chairperson Ferguson asked for any rebuttal comments. There were none. Chairperson Ferguson said he would leave the public hearing open and asked for commission comments. Commissioner Beaty stated that he would move for a continuance to July 15, 1997. Chairperson Ferguson asked if that was adequate time for the Housing Authority. Mr. Meyer concurred. Commissioner Fernandez seconded the motion. Chairperson Ferguson commented that from what he heard tonight from the residents and applicant there weren't irreconcilable differences. It was just a matter of getting each item of concern accounted for and he believed that the public zone only allowed conditional use permits and the purpose of a conditional use permit was to do exactly that. The conditions that the city imposes were concerns they have and it may seem like the commission got a little picky as to the number of cars using the facility, but those actually became expectations and they did retain continuing jurisdiction over the conditional use permit. If 3:00 p.m. suddenly became 6:00 p.m. and it was brought to the commission's attention, with a conditional use permit they could reopen the public hearing and reevaluate their compliance with their conditional use permit and it was not an all or nothing type of action. He appreciated the comments made and the written comments submitted and based on what he heard tonight, he was confident that the applicant and homeowners could reach some sort of an agreeable compact between now and the next meeting. Action: Moved by Commissioner Beaty, seconded by Commissioner Fernandez, continuing CUP 0 1-82 Amendment No. 4 to July 15, 1997 by minute motion. Carried 4-0. B. Case No. TPM 28602 - ALICE HARRIS, Applicant Request for approval of a Tentative Parcel Map to subdivide two acres into three parcels, each a minimum of 20,000 square feet. The property is located on the west side of Sunrose Lane, 300 feet south of Crosby Lane. Mr. Drell explained that the subject property was located within the gates of Ironwood Country Club but was not technically within the country club. It was not part of the approval of the country club. When the country club was approved, it was conditioned that Ironwood grant them access through their gate to Portola. The proposed project is zoned R-1 20,000 and was located on the west side of Sunrose Lane. The east side of Sunrose Lane was part of Ironwood Country Club. It was Mr. Drell's understanding that they have access rights to Sunrose. The three properties being created would be 21 ,000, 30,000, and 34,000 square feet and were in compliance with the zoning. He noted that one %No property had access to JFK Trail and the other two would have access to 11 MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 1997 Sunrose Lane. Mr. Drell stated that two letters were received. One was from George Wu who apparently at a tax sale bought JFK Trail and was now wanting someone to buy JFK Trail from him. The engineer provided the city with some documents that indicated that the easement was recorded on JFK Trail and when that owner stopped paying their taxes, Mr. Wu bought it from the County. He stated that didn't affect the existence of the easement and didn't believe that was an issue. The second letter was from the homeowners association representing the east side of Sunrose in Ironwood Country Club and they were requesting that they maintain landscaping around Sunrose and/or that this property voluntarily become part of their association and start paying their association fees, or voluntarily start paying for the maintenance of the landscaping. Mr. Drell stated that he didn't believe the city could require that. They were entitled to the access and he didn't think the easements obligated them to any maintenance of any facility in Ironwood Country Club. Mr. Erwin said that was correct. Mr. Drell said it would depend on how the property was developed. If the two lots that have frontage on Sunrose took access off of Sunrose and put their front yards on Sunrose, they would probably landscape out to the curb and in essence remove their obligation from the association to maintain that landscaping. Whatever it was, it was a private matter between the properties as to who maintains them and was not for the city to dictate. Mr. Drell indicated that the proposal was in conformity with the zoning. He noted that a similar map was approved in 1983 which was never finaled and expired. Staff recommended approval. Chairperson Ferguson opened the public hearing and asked the applicant to address the commission. �1 MR. MIKE SMITH, Warner Engineering at 73-185 Highway 111 in Palm Desert, stated that the paperwork he handed out was a copy of the paperwork that he and Mr. Wu exchanged. He said he spoke to Joe Gaugush and Martin Alvarez and got a copy of Tract 22622 which just recorded to the north and had to provide access through it to JFK Trail. They really didn't need JFK Trail, but they had to provide and improve the access. Most of the exhibits he submitted were created at the time that tract was approved. He said that the one main exhibit showed where the easement is located and the location of Alice Harris' property. He noted that there were people interested in buying lots from Ms. Harris and she wanted to preserve the original house that Phil Harris lived in and which would pass on to Mr. Donovan. The title report indicated that their westerly 12 and a half feet and the Petito's easterly 12 and a half feet somehow ended up in the hands of a Mr. Crosby who passed away. It went to a tax sale and Mr. Wu bought a piece that was 25 feet wide by 300 feet deep. He said that they have no problem with the conditions of approval. The two lots that don't have houses on them would be put up for sale. Whoever decided to purchase and build on them would have to come in and request a precise grading plan and go through architectural review and provide required amenities. He didn't think they would take access from Sunrose Lane because there was a little strip called Parcel A between Sunrose Lane and these lots that had landscaping and they probably wouldn't want to disturb it. There was also a 12-foot difference in height. He thought it would make more sense to take access from the other side. 12 MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 1997 Chairperson Ferguson noted there was no one else present to speak in FAVOR or OPPOSITION and closed the public hearing. He requested commission comments or a motion. Action: Moved by Commissioner Campbell, seconded by Commissioner Fernandez, approving the findings as presented by staff. Carried 4-0. Moved by Commissioner Fernandez, seconded by Commissioner Beaty, adopting Planning Commission Resolution No. 1816, approving TPM 28602, subject to conditions. Carried 4-0. IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. CIVIC CENTER STEERING COMMITTEE - (No meeting) B. DESERT WILLOW COMMITTEE - (July 1 , 1997) Chairperson Ferguson noted that the committee evaluated a request to enter low into exclusive negotiations with Kemper Sports Management in conjunction with David Ledbetter Golf Academy for the development of a Desert Willow Golf Learning Center. They moved favorably on that and instructed the Redevelopment Agency to begin those discussions. There was some discussion about naming the two golf courses and they asked the council to consider naming the north course the Tournament Course and the south course the Resort Course. They evaluated different footprints for clubhouses and approved conceptually that there would be one large clubhouse as opposed to a village concept which would be located between the ninth and 18th greens. They approved a snack shack halfway through the south course because nine didn't go back to the clubhouse and was near the entrance. There was also some routine housekeeping matters. He noted that there has been an ongoing issue with respect to Park West and the payment of vendors in the city of Palm Desert being paid as a condition of their being able to bid on the south golf course. There was an ongoing issue as to whether they have met their obligations in that regard. He indicated that staff would be taking another look at it. Golf Dimensions was approved by the committee as a recommendation to the Agency Board to manage the construction aspects of the south golf course. With respect to landscaping the perimeter and median on Frank Sinatra Drive, the committee felt it would be best to wait until there was development on the north side of Frank Sinatra so that any landscaping that was done wouldn't be destroyed by wind and sand and development would help shield it. ... 13 MINUTES PALM DESERT PLANNING COMMISSION JULY 1, 1997 C. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE - (June 19, 1997) WWI Commissioner Campbell stated that a presentation was made by Tim Bartlett for a project in Palms to Pines East. They were planning on putting in an entertainment complex with movies and restaurants. She indicated that he has six months to work on that and the existing bank and gas station would remain. They discussed the reaction of the Sandpiper development. They also discussed bringing El Paseo together to make it more pedestrian friendly so that people could walk from that complex to El Paseo and vice versa to the Town Center. D. PROJECT AREA 4 COMMITTEE - (No meeting) E. PALM DESERT/RANCHO MIRAGE MONTEREY AVENUE CORRIDOR PLANNING WORK GROUP - (No meeting) F. ZONING ORDINANCE REVIEW COMMITTEE - (June 20, 1997) Chairperson Ferguson noted that he was not able to attend and since Mr. Smith was gone, that would have to be deferred to the next meeting. XI. COMMENTS None. XII. ADJOURNMENT Moved by Commissioner Fernandez, seconded by Commissioner Beaty, adjourning the meeting. The meeting was adjourned at 8:02 p.m. PHILIP DRELL, Se retary ATTEST: ONIA CAMPBELL, Vice Chairperson Palm Desert Planning Commission /tm ) 14