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HomeMy WebLinkAbout0120 MINUTES PALM DESERT PLANNING COMMISSION REGULAR MEETING TUESDAY - JANUARY 20, 1998 �' 7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE � � � � � � .� � � �. -� � �. .� �. .� .� .� � * -� �. � � � � � .� .� .� * � -� �- � �. � � -� � �- .� .� I. CALL TO ORDER Chairperson Campbell called the meeting to order at 7:04 p.m. II. PLEDGE OF ALLEGIANCE Chairperson Campbell led in the pledge of allegiance. III. ROLL CALL Members Present: Sonia Campbell, Chairperson Paul Beaty George Fernandez Sabby Jonathan (arrived at 7:50 p.m.) r.. Members Absent: None IV. APPROVAL OF MINUTES Request for consideration of the January 6, 1998 meeting minutes. Action: It was moved by Commissioner Beaty, seconded by Commissioner Fernandez, approving the January 6, 1998 minutes as submitted. Motion carried 3-0. V. SUMMARY OF COUNCIL ACTION Mr. Drell indicated there were no items pertinent to Planning Commission from the January 8, 1998 City Council meeting. VI. ORAL COMMUNICATIONS None. � MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 ... VII. CONSENT CALENDAR A. Case No. PMW 97-35 - MR. AND MRS. LEO ESCHER, Applicants Request for approval of a parcel map waiver to merge two adjoining lots into one at 72-713 Beavertail. B. Case No. PMW 97-36 - GARY A. HERAUF, Applicant Request for approval of a parcel map waiver to merge two adjoining lots into one at 72-689 Beavertail. Action: It was moved by Commissioner Beaty, seconded by Commissioner Fernandez, approving the Consent Calendar by minute motion. Motion carried 3-0. i.. VIII. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he or she or someone else raised at the public hearing described herein, or in written correspondence delivered to the Pianning Commission at, or prior to, the public hearing. A. Case No. CUP 97-15 - THE H.N. AND FRANCES C. BERGER FOUNDATION, Applicant Request for approval of a Negative Declaration of Environmental Impact and Conditional Use Permit to construct a 24,543 square foot corporate office building on 4.15 acres at the northeast corner of Cook Street and Sheryl Avenue. Mr. Drell explained that due to some requested changes from the Architectural Review Commission staff and the applicant were both requesting a continuance of this item. He said that basically the project was a rather elaborate corporate headquarters for the Berger Foundation to be located at an elevated site at the northeast corner of Cook Street and Sheryl Avenue. As � 2 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 �. a result of the elevated nature of that pad above Cook Street and the fact that there was semi-subterranean parking for the building, the Architectural Review Commission felt it would be quite an imposing structure from Cook Street and felt the building should be set back. The applicant was in the process of preparing a revised site plan and that was the reason for the continuance. Other than that staff didn't have a problem with the project. He noted that the applicant was requesting something less than the required parking, but the applicant had plenty of room to provide additional parking if required and would be conditioned to do so if and when the project was approved. Chairperson Campbell o�ened the public hearing and asked if anyone wished to address the commission in FAVOR or OPPOSITION. There was no one. Chairperson Campbell noted that she would leave the public hearing open and asked for a motion by the commission. Action: It was moved by Commissioner Beaty, seconded by Commissioner Fernandez, �• continuing CUP 97-15 to February 17, 1998 by minutes motion. Motion carried 3-0. B. Case No. CUP 97-16 and C/Z 97-13 - McFADDEN/McINTOSH ARCHITECTS (FOR WALGREENS DRUG STORE), Applicant Request for approval of a Negative Declaration of Environmental Impact, Conditional Use Permit and Change of Zone to permit construction of a 15,120 square foot Walgreens Drug Store at the southeast corner of Monterey Avenue and San Gorgonio. Mr. Drell stated that this particular plan represented the closest thing to implementing a program that was established in 1984 with the creation of the Palma Village Specific Plan and later restated in the Core Commercial Specific Plan which called for a program to encourage the redevelopment of commercial areas on the north side of Highway 1 1 1 , specifically between Monterey and Las Palmas. This particular project would include a 15,000 square foot Walgreens Drug Store with two driveway accesses to the parking aisle between the project and the existing First Bank. An egress only off of �.. 3 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 `... Monterey and an ingress/egress otf of San Gorgonio would be provided. This was designed per the Specific Plan which called for the conversion of the second tier of lots in this area on Monterey and more significantly down Highway 1 1 1 which were currently residential, to provide future parking for Highway 111 fronting parcels. He noted that there was correspondence submitted from Mr. Witte who has owned a home on San Antonio Circle for probably as long or longer than the plan has been in existence. Aside from some personal references and characterizations of some meetings they have had, he felt Mr. Witte brought up many valid points about the implementation of this plan. The plan was designed to address two problems. One was a rather shallow, inadequate commercial zone on Highway 111 with a substandard alley circulating behind which did not provide for adequate development of what the time the City considered high quality commercial development. It also didn't provide much incentive for redevelopment of a lot of old buildings that were on Highway 1 1 1 . At the same time the inadequate alley behind didn't provide adequate width for circulation to those spaces and did not provide adequate parking for any particuiarly successful business that � would occur on Highway 1 1 1 . At the same time the parcels backing onto that alley, although this was one of the oldest subdivisions in the city, had nearly half of the parcels still vacant. While some of the parcels were well developed with high quality homes, and Mr. Witte's home was one of those, there were homes that the City had maintenance problems with and on some of the other Circles there were some abatement actions against some of those dwellings. It was seen that especially with the high percentage of vacancy with the parcels that a plan was developed to in essence solve both the commercial inadequacies and the inadequacy of a proper transition between commercial and residential zones and to provide some economic relief to the property owners of those residential properties that were subject to the impacts of even the low level of commercial activity that existed at that time. The plan called for the ultimate conversion of those lots backing onto the alley to a common area parking facility to serve and encourage the redevelopment of the commercial parcels on Highway 1 1 1 . At the time it was recognized that as the plan became implemented there would be increasing impacts on the remaining residential properties and there would be the removal of any incentive at all to maintain those residential properties. With the submission of this proposal which in staff's view had the greatest chance of beginning the implementation of this plan, Mr. Witte's letter addressed that concern. That � 4 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 r.. his property being three or four lots down from this project would not immediately benefit from the increase in commercial value. The increased level of activity in commercial activity as it occurs here could very well have a detrimental effect on his residential value. In anticipation of this problem, the plan specifically provided that the Redevelopment Agency would offer to purchase these properties at their assessed value or current appraised value, meaning the residential value, allowing those property owners who were living with this uncertainty to move to a more appropriate location away from this commercial impact. As the commercial demand was developing, these properties would be used by the Redevelopment Agency as part of the affordable housing program and at such time as those commercial properties were encouraged to redevelop, these properties would be made available under various terms and conditions to provide parking for those projects. In his letter Mr. Witte specifically requested that this policy contained in the Specific Plan be implemented. If this project was to go forward, Mr. Drell thought it was probably the appropriate time to implement that program. Secondly, Mr. Witte identified a number of traffic concerns he felt have not been addressed. His �.. understanding was that the applicant has initiated a traffic study which would try to address those concerns and any other concerns that the commission might have about how this project would work. It was anticipated that with these commercial developments increased commercial activity would occur. This was Palm Desert's downtown area similar to Wiltshire and Westward Boulevard. The commercial development would generate an increase in traffic. That concern was first and most obviously apparent when the plan was being drawn up when the Town Center was under construction and a major exit from the Town Center was aimed right at this neighborhood. At that time in anticipation of those traffic impacts the plan suggested the closing of streets, San Gorgonio specifically, to prevent San Gorgonio from being a through street for traffic to and from the mall. When the mall opened and the concern was realized there were some temporary closures in this area and the result from public hearings before the City Council from testimony from the neighborhood was that they didn't want San Gorgonio closed. Instead a series of stop signs was installed. One of the questions that would be answered by the traffic study would be whether considering the existing level of traffic and the traffic generated from this project, if it was significant or not. The goal of the plan was not to "hamstring" commercial development but by design to create a protection for the residential neighborhood while allowing for the opportunity �.. 5 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 i.. for commercial development on Highway 1 1 1 in this area. Mr. Drell indicated that was the background. He indicated that the project architect was present and he could better describe the project and if the commission had any questions about the project itself, it would be one single building about 15,000 square feet. One other project had been approved on this site around 1990 or 1991 for a 35,000 square foot building, half of which would be retail, half which would be offices. This project represented less than half the square footage. The plan, in its design to mitigate impacts on that interior residential street, had no access onto the Circle. It would also preserve what would be a front yard setback for a single family home on San Antonio Circle. The goal was to eliminate the situation where there was commercial development backing onto the backyard of residential properties and create a buffer of a parking lot, a greenbelt, a street, a front yard to a house, a house and try to create as much distance as possible, especially to bedrooms, to single family homes. Depending on the prognosis for the completion of the traffic study, staff was recommending that this case be continued. '� Chairperson Campbell opened the public hearing and asked the applicant to address the commission. MR. JIM McINTOSH, McFadden/Mclntosh Architects, stated that with the way the site was designed right now, they were really trying to decrease the impact on the residential property and they were still at Architectural Review Commission and were trying to do the best they could with the landscaping and the relief of the building mass. Unfortunately they were working with an architect from Chicago who was not familiar with the designs used here in the desert, so it was taking a few trips to the ARC to get what they wanted, a good-looking project. Mr. Mclntosh informed commission that just today he initiated a traffic study for the project to review the impact on the area. He asked if the commission would like him to go through the project. Chairperson Campbell asked if Mr. Mclntosh was asking for a continuance. Mr. Mclntosh said he would like approval, but they didn't have approval from ARC yet. Ultimately he would like an approval contingent upon ARC approval. He didn't know if the Commission was willing to do that ... 6 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 ... or not but they were interested in getting the project approved as quickly as possible, but they wanted to do the project right. They were not looking to take any shortcuts and were interested in pursuing this in the most expedient manner. Chairperson Campbell asked if the Commission had any questions for the applicant or if they wanted him to review the project. Commissioner Beaty felt that the traffic information was needed first. Mr. Drell asked Mr. Mclntosh what the prognosis was for when the traffic study would be completed. Mr. Mclntosh indicated that the engineer felt it could be done in two weeks. Mr. Drell noted that would mean a month continuance because the City's �•• traffic engineer needed time for reviewing it. Mr. Mclntosh asked if the traffic study was required at this time. He said they were just looking at concerns after speaking with Mr. Drell this week and that was something that was suggested that they might look into. If it wasn't going to be required, they would rather not do it. If it was required, they would comply. If the commission didn't feel it was needed, they wouldn't go through that exercise. Commissioner Beaty said that he thought Mr. Mclntosh already said it was initiated. Mr. Mclntosh confirmed that he met with an engineer and told him that they would be ready to get started after this meeting and he would be giving him the go ahead the first thing in the morning if it was necessary. Commissioner Beaty stated that he felt the commission needed to see the traffic study since there were concerns from the neighborhood. �... 7 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 �.. Mr. Mclntosh indicated there was one concern he wanted to bring up that was raised at the last ARC meeting and that was the access to and from the site on the southwest corner of the property right off the alley adjacent to Monterey. ARC made suggestions of eliminating that and he didn't feel that was a good suggestion and would rather not. Chairperson Campbell asked if he had any problem changing some of the other entrances along the alley that was also requested. Mr. Mclntosh noted that they changed one of the other entrances along the alley to accommodate better circulation and better landscape screening. They did that with their latest updated site plan to address that, but the access that ARC suggested they close were very critical to the flow of the drive through that was proposed for the south side of the building. Chairperson Campbell asked what size of delivery trucks would be allowed. r.. Mr. Mclntosh indicated that the trucks would be 40-45 feet in length. Their proposed access for trucks would be to come in off Monterey, turning up the alley, and entering the site behind the building from the alley and then into the loading zone. Chairperson Campbell asked if he felt they had any problems because of the traffic that would be waiting from the alley going north on Monterey Avenue when the truck was making that turn to go into the alley. Mr. Mclntosh stated that he couldn't say it for a fact, but hopefully they would schedule their deliveries during non-peak traffic hours like most large stores. They wanted to make it as convenient on the driver as well as eliminating as much congestion as they could. On his travels through the city he saw trucks delivering early in the morning or late at night and he hoped it woutd be the same program although he couldn't vouch for that. As far as measuring the widths of the alley and entrances, the turning radiuses were acceptable for a truck of that size. �... 8 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 ... Chairperson Campbell asked if Mr. Mclntosh ever considered putting the building on the north end instead of at the south end of the property. Mr. Mclntosh thought they looked at all situations, but that seemed to have more of an impact on San Gorgonio and it seemed better to back up that large building mass against the alley instead of against San Gorgonio and having the front of the building addressing that intersection where the entrance of the mall is instead of addressing it to the back side of the bank along the alley. Chairperson Campbell noted that if it was moved to the north end they could possibly also have an egress on Monterey instead of just an ingress. Mr. Mclntosh said that they had a meeting with the engineering department which Mr. Drell also attended and Mr. Joe Gaugush was quite adamant in not allowing them to exit the site along that side of the property. �... Chairperson Campbell clarified that she was talking about if the building was more to the north instead of to the south they would have all the parking on the south side. Mr. Drell concurred and further clarified that the access would be pushed farther south away from the San Gorgonio intersection and he thought it might be a possibility if it was pushed far enough. He asked Mr. Mark Greenwood to comment on that suggestion. Mr. Greenwood said that if they were to go very much farther south from where the right-in access was shown then they would have a conflict between the existing alley and the new driveway, so staff would rather see the existing alley and the access for Walgreens combined. He noted that this block on Monterey had signals that were fairly closely spaced so the capacity was already compacted on Monterey and they had to do everything they could to protect that capacity, so minimizing accesses was a crucial issue with them. Mr. Mclntosh said they were quite satisfied with having the entrance only and was more concerned with people having an easy access to the front of the store as it was designed right now. He said he understood Public Works' concerns. ` 9 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 �.. Chairperson Campbell noted that the applicant was requesting to be open for 24 hours. Mr. Mclntosh asked if that was a problem. Chairperson Campbell stated that she didn't think there were any businesses that were open 24 hours a day. Mr. Mclntosh again asked if that was a problem. Chairperson Campbell felt there might be a problem since it was not just a regular drug store for medicine, but it would also sell liquor and beer. She asked if that was correct. Mr. Mclntosh said that he didn't think they would sell that 24 hours a day. He thought they had to close that part down at 1 :00 a.m. He thought that the Alcoholic Beverage Control had that regulation. He � asked what other concerns there might be with regard to being open 24 hours per day. He asked if it was lighting or traffic issues. Chairperson Campbell noted that other similar requests have always been limited to around midnight and she was wondering how many people there were really out there having their prescriptions filled or if they would have a pharmacist on duty 24 hours per day. Mr. Mclntosh said that if that information was important he could definitely find that out. He thought it was more or less a nice convenience since it was a drug store. Commissioner Beaty asked if there were other Walgreen franchises in the valley. Mr. Mclntosh replied no, not that he was aware of. Commissioner Beaty asked if they were similar to Thrifty's. Mr. Mclntosh concurred. ... 10 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 ... Commissioner Beaty noted that drugs were a small portion and it was sort of an all purpose variety store. Mr. Mclntosh agreed that it was very similar to Thrifty's. Chairperson Campbell asked if anyone wished to address the commission in FAVOR or OPPOSITION to the proposal. MR. PHIL WITTE, 44-870 San Antonio Circle, stated that he wrote the letter that was referred to earlier and requested that the Planning Commission deny the change of zone and requested use. Some of the reasons were already listed and he noted that he gave the commission photographs that he submitted today showing the width of the alley and felt there was no way a truck could pass a car and he wou(d really be entertained to see where a 45-foot truck could turn around in that 18- foot entryway. He said that if commission would look at the photos he provided, there was no way to widen the alley unless property was �► taken from home owners. There were poles along the back. Again, he asked in his letter what the customer count for this store would be, how many people would be going there every day, and how many cars there would be. He was also curious about how people would access this site. In his letter he indicated that people coming off Highway 1 1 1 from Palm Springs trying to access this store were not going to have an adequate distance for a legal lane change. Additional people coming westbound from the Indio area would not be able to have a legal lane change the other way. People would be cris-crossing on the corner that was already too busy. He noted if commission looked at the photos of the back of the bank and the proposed drug store area, their entry and egress would be directly across from one another. They would be cris- crossing themselves also. He felt that 24 hours worth of business at that corner would "screw up life" as far as he was concerned because there would be people, traffic and possibly crime. He noted that along that alley there were trash cans for those commercial businesses already there and as commission could see in the pictures, the garbage containers were often times open and they had to live with that already and it was a negative impact, and he noted that he happened to accidentally catch someone going through that garbage and leaving it � 11 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 � open. Additionally, when the trash truck came to pick the trash up, nothing could get by it in that alley. They occupied the whole alley because they were huge trucks. He asked if the commission looked at the photos of the parking lot next to his home. Mr. Witte said that Mr. Castelli had been very nice and had worked with him and he did not have a problem, but the people who park in that lot could have a good time sometimes. They would drive around in donuts raising dust and causing noise and that at 1 :30-2:00 a.m. He said that he has tried to get along with this and had been reasonable, Mr. Castelli had been reasonable, and he was just pointing out that he felt the residents have been reasonable, but this was getting a little bit out of hand. He also asked in his letter if there wasn't a better use for the corner, a lower traffic use like a public building, visitor's convention bureau, real estate convention place, or something that would have less traffic and something that would be good for Palm Desert. He realized this was wonderful front footage, but there was a real traffic problem there already. He said he also asked in his ietter how many accidents there � have been in that area over the past several years and he didn't hear Mr. Drell refer to that either. He also asked if they could correlate the amount of traffic with the amount of accidents that occur. He didn't feel that was an unreasonable question and felt it was very obvious that when the traffic count goes up, accidents occur, especially on a corner that has a four-way intersection and an alley coming out onto it, as well as the bank parking. For all of these reasons and the ones in his letter along with his photos, he said he would really appreciate it if the commission would deny the application. MR. BILL NYE, the property owner of 44-740 Monterey Avenue located on the northwest corner of San Gorgonio. He stated that he has an insurance office at that location and he has a major concern about accidents. He said that they occur frequently at that intersection and to have an ingress/egress from San Gorgonio would only exacerbate the problem they already have and he asked that the application be denied. He said it was his understanding five years ago when he purchased the property that there was a commercial office building planned for that location, not a retail store that would be open 24 hours a day. ... 12 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 � MR. GARY LYONS informed commission that he and his wife are the owners of the subject property and they were very pleased and proud that they had been able to secure a national credit such as Walgreens Drug Store to come into the Palm Desert area. He said he has been working closely with the City for a number of years to develop the property and felt it would be an enhancement to the city not only because it would compliment the development of Palm Desert but also because it was centrally located, it would be indirectly beneficial to the many aging facilities in the Palm Desert area and the nursing home and they also felt it would enhance the stature of Palm Desert to attract this kind of quality business. He stated that it was absolutely essential to the development of the corner that the ingresses and egresses that have been outlined are secured. Otherwise, the project would not be feasible unless they have the opportunity to get customers into and out of the property in a reasonable fashion. Chairperson Campbell stated that the public hearing would be left open and �•• asked for a motion by the commission to continue this case to February 17 to allow for a traffic study to be completed and reviewed by staff. Commissioner Beaty asked what time the letter and photos from Mr. Witte were delivered. Mr. Drell thought it was around 2:30 p.m. Commissioner Beaty said he didn't know what could be done about a situation like this, but he stated it was really difficult for him to show up for a 7:00 meeting and be expected to digest new information and do it fairly and suggested that perhaps it wasn't fair to the applicant to continue the hearing because of that, but he didn't have time to thoroughly look at Mr. Witte's concerns and study the photographs and while there was probably nothing that they could do about it, he explained for those in the audience that the commission gets their packet on Friday so that they have some time to digest that information but when new information comes in on the night of the meeting it made it very difficult. He commented that he didn't want to encourage that every Tuesday. Commissioner Beaty noted that to be completely fair to Mr. Witte he should have the opportunity to carefully read Mr. Witte's letter. ... 13 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 � Action: It was moved by Commissioner Beaty, seconded by Commissioner Fernandez, continuing CUP 97-16 and C/Z 97-13 to February 17, 1998 by minute motion. Motion carried 3-0. C. Case No. RV 97-2 - MR. AND MRS. THOMAS BORISKI, Applicants Request for reconsideration of an approved permit allowing the parking and storage of a 10 feet high by 23 feet long camper trailer in the front/side yard of the property located at 44-251 San Jose Avenue. Mr. Alvarez reminded commission that this item was before them on December 2, 1997 when the commission considered a request to park and store a 10 feet by 23 feet long recreational vehicle in the front yard of the subject residence on San Jose Avenue. At that meeting Planning Commission � approved in concept a solution which was suggested by the Architectural Review Commission which included parking the vehicle diagonally in the front yard as illustrated in the diagram on display and screening the front with landscaping. Upon the commission's request it was referred back to ARC to work out the details. At that meeting on December 16 ARC reexamined this suggestion in more detail and found this solution inadequate to screen the vehicle from adjacent properties and the public street and it was readvertised as a public hearing before the Planning Commission. At the ARC meeting, ARC denied the proposal and suggested that the applicant submit an alternate solution if one was feasible. In the staff report there was a petition requesting denial from various property owners. There was also a letter written by a local landscape architect which was an opinion letter that also expressed some concerns with the landscaping or lack thereof. Since the solution was denied by ARC, staff was recommending that the Planning Commission affirm that decision by denying this request. Staff felt there was no solution presented that could adequately screen the vehicle. He asked if there were any questions. There were none. Chairperson Campbell o.pened the public hearing and asked if the applicant wished to address the commission. i.�. 14 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 �... MRS. MAGGIE BORISKI, 44-251 San Jose Avenue in Palm Desert, stated that she has lived in Palma Village since 1970. Their first house was on San Clementi Circle and they lived there for seven or eight years and then moved to Alessandro. She believed that house was now a parking lot. For the last 15 years they have lived on San Jose. She informed commission that she worked for the hospital for 15 years, got a degree and graduated from College of the Desert and received her Bachelors and Master's Degrees from Redlands. She said that she went to school at night and drove back and forth. She told commission that she was most proud of the three years that she spent with the Senior Center and thought it was at its best and she worked very hard for this city to help incorporate it, served on the 2000 Committee and helped with campaigns. After she left the Senior Center she went to work for a lovely couple in EI Dorado and through her encouragement they have given some wonderful donations to the city of Palm Desert and other areas in the valley and she was proud of that. She stated that they have done nothing but try to help the city to make it better and more +r beautiful. When they moved into the 33-year-old house on San Jose, it had been a rental for many years and had extensive damage. They, like just about everyone on this side of the Highway, lived paycheck to paycheck and didn't have savings, 401 s or stocks and she works part time. It had taken them 12 years to bring the house up to what she felt was a very nice looking state, they still have mortgages, etc., but she felt they had done a very good job with their home. Her husband was an electrician with the Palm Springs Unified School District and besides ten years at Eisenhower, the rest of the time had been there. She said they were originally given a trailer when her father passed away. All their money went for doctor bills and there wasn't anything else. Her mother gave them the travel trailer that was a 27-year-old 24-foot Excel. She said that before they brought it to their property, because of a recommendation of someone in the city, they asked all of their neighbors if they had any objections to them parking it on the side of their carport. The neighbors came over and toured it, including Ms. Martin, and she had no objections. Mrs. Boriski said that while Ms. Martin has chosen to deny all of this, and she was very sorry for that, it did happen. Last summer they knew that Ms. Martin wrote a letter to Code Enforcement complaining. One of their neighbors told them � 15 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 r.. that Ms. Martin had written this letter and complained against them. In all the years that they have lived there they have invited their neighbors, especially ones like Ms. Martin that were alone and didn't have anyone, to join them for Thanksgiving, Christmas, New Year's and all of their parties and potlucks. Ms. Martin always came. She said that they have what she felt was a wonderful vegetable garden in the backyard and along with all the other neighbors they have given Ms. Martin vegetables. Mr. Boriski has always helped her when she asked and has installed outdoor security lights, or whatever, and they were always there and never asked for anything in return. She said they have been very hurt and felt they had been used and abused and that was all they could say. Mrs. Boriski stated that her parents always had travel trailers and as a kid she traveled with them and she felt that these were very honest people. People who owned trailers, boats, tents and used campgrounds didn't have locks and security systems and they were honest people. When her neighbor next door passed away a couple of years ago, Chuck Waddington to the right of her house, when the house �... went to probate his sister put it on the market and it sold at the asking price. The lady that moved in has been there over a year now, Betty Celiac. The trailer was there and the house wasn't on the market for even one year and she paid the asking price, knew that the Boriskis had a travel trailer and she still bought the house. Mrs. Celiac and her husband also had RVs before her husband passed away and she knew these were good people that she was moving next to because they were the types that wanted to be with their families that chose to be close in their vacations, etc. The house next to Ms. Martin sold about a year ago and a lovely young lady named Julie bought it. She is a single mother that goes to school and works. The trailer was there and she paid the asking price and the house wasn't on the market very long. Those were the only houses that had been for sale and people have bought them with the travel trailer there. She stated that it has not diminished any property values and they felt they have only added, in their particu(ar area with their house and with their yard and all the work they have done, to their property values. They were very hurt when they saw the petition. They didn't know any of the people but were pleased that outside of Ms. Martin's name no one on her street signed the petition. There were ones that had contiguous property � 16 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 r.. behind them that didn't sign the petition. She said they have tried to be a good neighborhood and while they didn't go out of their way to go around the block to meet their neighbors and talk to them, they just lived and let live and helped anyone that has ever asked for help. All the block parties were at her home and they always invited all the neighbors and tried to be good neighbors. They tried to be a friend to Ms. Martin but the only way to have one is to be one and the only way is to be honest and so they have had to accept the decision that Ms. Martin made. They were very sorry for it and feel that something else must have happened. The trailer has been there for years, the original one, and when her mother died about a year ago they chose then to buy a new trailer. The original one was 27 years old. The new one was one foot shorter and was brand new. She felt that she could probably understand this more if Ms. Martin complained about an old trailer that was a foot longer. She stated that they were very hurt that she had to go behind their backs to file a complaint and never once said anything to them indicating that she did not fike their trailer on the side. Mrs. `.. Boriski said that they did not know that the Architectural Review Committee had the right to refuse or deny the decision. When they talked to Martin, it was just so that he would call them after the meeting, he said they didn't have to go and her husband wouldn't have to give up a day's work and she only works part time, so they thought all Martin was going to do was call them and tell them what kind of screening could be or should be put up there and they could have done whatever. Their neighbor to the right of them where all the oleanders are, which are 10-12 feet high, they put in a sprinkler system with the lady who owns them so that they would even fill in more. If all the oleanders had to go, she is 80 years old and her daughter would get the house and they have already talked to both of them and they would put in some kind of screening if there was a neighbor that has some kind of problem. Whatever the screening is, whether ten feet high, they would certainly do it. They felt that when the Architectural Review Committee told them to come back with another plot plan, they thought the simplest and most unobtrusive solution would be along side the carport. If the commission wanted it parked diagonally or lengthwise, they were wiiling to do that. They would find the money and do it. Whatever screening was required they would do it. They didn't have the money � 17 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 ... to pay for storage and felt it would probably be vandalized since many have and it was brand new and not any where near paid for. The damage that would be done, not only from animals, spiders, ants, rodents, etc., would make them lose their investment. It could also be ruined by wind and sand damage. She noted that some of the places were out in the wind belt area. She also said they have tried to talk to some of these people (on the petition) through friends that knew them and no one had been able to give them any explanation as to why all of a sudden the trailer had become a problem. She felt that they would probably never find out what the real problem was but they were willing to work with their neighbors and felt communication was always the key. Being honest would never get a person into trouble. When someone started doing things or denying things, then they would get into trouble. She said they would be very willing to do whatever commission wished and would sincerely appreciate the commission's approval for this permit and would be very willing to do whatever it took. �.. Commissioner Beaty asked what the cost would be to store the recreational vehicle. He asked if Mrs. Boriski had priced several facilities. Mrs. Boriski replied that they hadn't priced any facilities. She said that they talked about getting it into the backyard but they have no ingress or egress to the backyard, but if it was in the backyard it wouldn't be a problem. She said their house had been broken into, Ms. Martin's car had been broken into, so they installed security lights. She thought that if the problem was because the lights were shining on it, they could take out the lights. She said it was a photo-cell light and in the past their neighbors have appreciated it. Basically it was the only light on the whole block. They haven't had any robberies or break-ins since then. They felt that was an asset. She also suggested that perhaps the light on the trailer bothered Ms. Martin. She didn't know and neighbors have asked and ali she would say was that she didn't like the trailer. Mrs. Boriski thanked the Planning Department and everyone for trying to help them. They really appreciated it. `� 18 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 `... Chairperson Campbell asked Mrs. Boriski why she felt the trailer would be broken into at a storage facility. More and more trailers were being parked in storage facilities than in backyards. Mrs. Boriski said they know someone that has happened to. They put covers over their wheels to protect them from the sun and the covers have been stolen. Awnings were stolen and broken and ants have gotten in and spiders. She said that she wasn't sure it was true but was told ants have eaten through wire and did physical damage. She said they constantly went out and maintained the vehicle now. Since her husband was an electrician he cleaned and tested everything. She said it couldn't sit too long without turning on the air conditioners and running oil through them and doing things of that nature. Chairperson Campbell asked if anyone wished to address the commission in FAVOR or OPPOSITION. `... MS. JEAN MARTIN, 44-276 San Jose Avenue, said she didn't know where to start except this started about four years ago when the first trailer came in. She thought that Mrs. Boriski thought she consulted her on it, but she wasn't consulted. She didn't think it was more than a day before she went to Mrs. Boriski and asked if they were going to be good neighbors and do something with that trailer. She received no response. She said that she has talked to them several times, the most recent time last July when they took her to dinner and asked her to take care of their house for three weeks while they were on vacation. While at dinner she approached them and asked when they would do something about it. They indicated that they had other agendas and would perhaps some day do something. She said she has waited for four years and nothing has happened, so she went to the City. That was her last resort. She has a business in her home, she pays a business license and also pays for a Home Occupancy License. She said she was in conformance with the City and according to what she read in the Zoning Ordinance this was against the ordinance and it should be moved, for many reasons. They would lose property values and she has talked with realtors and appraisers. They told her it was a definite impact on the neighborhood. It was getting started on the � 19 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 ... north side and she felt it needed to be stopped. Once this got started, everyone would be doing it and there was much of it now that needed to be cleaned up. There were also security concerns she had. When there was a travel trailer like this, they take it on vacation and the big vehicle is gone and that was an indication that the homeowners are gone that was an invitation to some kind of robbery. Their home was secured with sirens, but it was still a threat. If it were "properly screened" with ten feet high screening all the way around it, it would be a nice place for someone to live. No one could see it and someone could live in it. But with the angle that was discussed, there was no way to screen it from the street. She noted that she took some photographs from a block and a half south of Catalina Street looking north to show how big this trailer is. The trailer was 23 feet long and a there was also a three-foot hitch, so it was 26 feet. She said she also spoke to some friends and clients of hers regarding their mobile homes and coaches about storage. They were all in storage and the maximum that anyone paid, and this happened to be for a S 125,000 motor coach � at 37 feet long, and that was 540.00 per month. She didn't think that was too much to ask. She didn't think that would financially be a problem as far as she knew. She requested that the commission deny a permit for the trailer. She indicated that she also had an opportunity today to get a copy of the Palm Desert 2010 Plan and immediately turned to the section on neighborhoods. She felt the plan was fabulous, but if they were going to have this dream come true, this kind of thing had to be stopped in their neighborhoods. MR. RAY LOPEZ addressed the commission and explained that he was a valley landscape architect retained by Mrs. Jean Martin as a landscape architect in this matter. The only issue he had was the oleander screening on the adjacent property. He indicated that oleanders have a bacterial scorch going throughout the valley, especially with older oleanders. He was also concerned with the plant material being planted on someone else's property and not their own. The property owner was elderly and the daughter might buy or take over the house, but he didn't know if there was anything in writing that the daughter would move there, live there or even keep the house. He said he would also like to see a plan of what was proposed which they never saw and that .... 20 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 ... was a major opposition point because he didn't know what was going in there. He requested denial of the proposal. Chairperson Campbell asked if the applicant would like to readdress the commission. Mrs. Boriski informed commission that Emma wanted to come to the meeting tonight that owns the property (with the oleanders). She is 80 years old and she had a stroke and she refused to bring her. She said that Emma has gotten very upset over this and she verbally gave the commission her opinion at the last meeting. Mrs. Boriski said that Emma has a will, it was in writing and her daughter would be willed the house and they have verbally talked to them and they would put up whatever screening. Mrs. Boriski said they helped put in the sprinkler system to maintain the oleanders to make them get as thick as possible for any property owner after hearing about that so that it could be as thick as possible, but they would put up any screening. She said she ... could ask them for it in writing if the City required it and she was sure they wouldn't hesitate to do that. She indicated that when Emma was younger she had a trailer and she and her husband traveled and lived in one and her daughter, Bee, presently has a trailer and they were very supportive. She said it wouldn't be a problem to get something in writing and whatever screening. She said they considered lattice work and bougainvillea and could make that very thick and heavy. She indicated that she enjoys gardening and could make them into a very solid wall of bougainvilleas that would definitely grow higher than ten feet and be in planters in front so that they could be moved. As far as along Emma's property, some mature citrus trees could be purchased and the area was a grapefruit orchard and they could be very thick and big as well as productive. She said climbing roses could be planted that would get very thick and grow very high and it could be beautiful and would be green all year around. She said there were lots of things they could do and thought that the Architectural Review Committee would tell them what they wanted. She indicated that she could come up with a multitude of suggestions and whatever was required, even full grown trees, they would get. � 21 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 r.. Chairperson Campbell closed the public hearing and asked for commission comments and/or action. Commissioner Jonathan stated that the last time this matter was before the commission he expressed the opinion that the way the recreational vehicle is currently parked is in violation of the city ordinance and he didn't think anyone disagreed with that. There have been various attempts to come up with alternative plans that would bring the RV parking into conformity with the ordinance but unfortunately the attempts he has seen have failed. They didn't have a plan that wou(d bring the RV parking into conformance and therefore, regrettably, he felt the commission had no alternative but to propose denial. If at a later time there is an alternative plan, the applicant could try again. It was a regrettable situation, but he didn't see an alternative. The ordinance was there and that was the commission's guiding law and the current situation was in violation of the ordinance. In the absence of an acceptable alternative solution he didn't feel the commission had a choice. � Commissioner Beaty concurred with Commissioner Jonathan. He indicated that obviously the Boriskis had a lovely home and have been an asset to the community, but there was a reason for the ordinance and apparently no one has come up with an acceptable solution to screen the vehicle. He said he was a little curious about why the Boriskis haven't looked into the cost of storage and stated it was too expensive but didn't really know that for sure. Commissioner Fernandez concurred with both commissioners and said he empathized with the situation and could see where the applicant was coming from, but this was a city rule that had to be abided by and with the information before the commission, he would have to concur with the other commissioners ti�at the proposal should be denied. Chairperson Campbell stated that she also concurred with her fellow commissioners since the ordinance said the vehicle shouldn't be located there. Also, if this was allowed to stay in the Boriskis' yard a lot more people would be taking their trailers out of storage and placing them in their yards. She said she was in favor of denying this application. She asked for a motion. ..� 22 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 ... Action: It was moved by Commissioner Jonathan, seconded by Commissioner Beaty, approving the findings as presented by staff. Motion carried 4-0. It was moved by Commissioner Jonathan, seconded by Commissioner Beaty, adopting Planning Commission Resolution No. 1846, denying Case No. RV 97- 2. Motion carried 4-0. IX. MISCELLANEOUS A. DISCUSSION OF PARKING LOT AUDIT OF FIVE RANDOM PROJECTS AS REaUESTED BY PLANNING COMMISSION ON DECEMBER 16, 1997 Mr. Drell asked if the commission had any questions regarding the written report. �... Chairperson Campbell noted that the projects in the report were in compliance. Commissioner Jonathan thanked staff for the report and felt relieved and confident that the one situation was an exception. Mr. Drell thought the applicant recognized in his own mind the deficiency of that property and was looking for alternative sites for his school where he could locate and have a place to grow if he was more successful. Chairperson Campbell asked if he was able to get out of his lease. Mr. Drell didn't think he had executed it yet. He thought he was operating his office there, but indicated they have had discussions of other sites. Action: None. +... 23 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 r.. X. COMMITTEE MEETING UPDATES A. CtVIC CENTER STEERING COMMITTEE - (No meeting) B. DESERT WILLOW COMMITTEE - (January 20, 1998) Commissioner Beaty noted that he attended the meeting this afternoon and while he couldn't stay for the entire meeting, what he heard was interesting. They were proceeding with plans for the clubhouse. He said they approved the issuance of a request for proposals to develop the hotel sites on the property. He indicated there were more quality buyers than there were sites, so the City was being selective. He felt it was an enviable situation for the city. Activity at the course was higher than expected during October and November and a little bit lower in December, but apparently play was good and the condition of the course was improving after cold weather took its toll. He indicated they also approved some renderings for the main entrance sign and there � were some items on the curbing and being able to clean the curbing. He thought the signs would be very impressive, similar to some of the artwork on the windows and the screening on the walls. Chairperson Campbell asked if the sculpture was made of rock. Commissioner Beaty replied that it would be steel like some of the smaller sculptured mountain types on the wrought iron windows and would have some hidden decorative lighting. He said they approved some models and felt it would be very attractive. C. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE - (Jan. 15, 1998) Commissioner Jonathan said that he did not receive notice of that meeting. However, he received a schedule of the 1998 meeting dates so he didn't anticipate missing any more meetings but felt it would be helpful if he got on the mailing list. He said he would, however, bring the commission up to date on another project of his which would impact the city and was something that the commission approved a long time ago and that was the soccer complex on Hovley. They were anticipating approval from council this week of the bid that was ... 24 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 �.. selected a couple of weeks ago. One of the conditions of the contract was that construction begin by February 15, so there should be some activity on Hovley soon and the completion date should be no later than August 15, 1998. He felt that there had been a great effort given by staff and this was a long time in coming and he was very excited to see the construction being eminent at this point. Mr. Drell noted that it was rebid non-prevailing wage and there was also some refining of the contract and it came in about 5500,000 under what was received three months ago. He said there was a better selection of bidders also. He explained that the original bid hit during a period when everyone was busy and people didn't even have time to do the bid let alone commit to doing the work. This time there was three times the amount of interest. Chairperson Campbell asked if anyone had gone out to see the Field of Dreams/Chamber Mixer to see how that turned out. Commissioner Beaty said he walked through the site and felt it was very impressive. r.. 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 - (January 7, 1998) Chairperson Campbell said the committee discussed signs on awning, marquees, and canopies. She felt it seemed that many canopies were springing up on EI Paseo and ARC was talking about one canopy per building, but when one building was separated by a breezeway there was one canopy allowed for each building. Mr. Drell clarified that Chairperson Campbell was talking about the marquee canopies that extend to the street. Chairperson Campbell agreed. She said they want to discourage those. She noted the committee also discussed lettering on regular awnings and would go ahead and leave it up to ARC to restrict the letter heights to one third of the awning height instead of leaving it as eight inch letters which was sometimes not legible. She noted that tomorrow they would be discussing tattoo parlors. .... 25 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 1998 ... XI. COMMENTS Commissioner Jonathan asked for clarification from the Mayor's Breakfast comments that the opening of The Gardens on EI Paseo would be November 1998 and not 1999. Mr. Drell concurred. XII. ADJOURNMENT It was moved by Commissioner Beaty, seconded by Commissioner Fernandez, adjourning the meeting by minute m ion. Mot'on car 'ed 4-0. The meeting was adjourned at 8:23 p.m. . '``��. �_ PHILIP DRELL, Secretary � ATTEST: _ .� SONIA M. CAMPBELL, Chairperson Palm Desert Planning Commission /tm ti... 26