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HomeMy WebLinkAbout0303 MINUTES PALM DESERT PLANNING COMMISSION REGULAR MEETING TUESDAY - MARCH 3, 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 7:00 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Fernandez led in the pledge of allegiance. III. ROLL CALL Members Present: Sonia Campbell, Chairperson Paul Beaty George Fernandez •• Cindy Finerty Sabby Jonathan Members Absent: None Staff Present: Philip Drell, Director of Community Development Bob Hargreaves, Assistant City Attorney Steve Smith, Planning Manager Phil Joy, Senior Planner Martin Alvarez, Assistant Planner Joe Gaugush, Engineering Manager Kim Chafin, Senior Office Assistant IV. APPROVAL OF MINUTES Request for consideration of the February 17, 1998 meeting minutes. Action: It was moved by Commissioner Jonathan, seconded by Commissioner Fernandez, to approve the February 17, 1998 minutes as submitted. Motion carried 4-0-1, with Commissioner Finerty abstaining. `" 1 MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1998 `.. V. SUMMARY OF COUNCIL ACTION Mr. Drell reported that there were no Planning Commission items at the City Council meeting of February 26, 1998, but the Council did reaffirm its commitment to build a skate park/roller hockey facility at the green area north of the charging station, and the Council awarded a contract for design of the facility. VI. ORAL COMMUNICATIONS None. VII. CONSENT CALENDAR No items. ... VIII. PUBLIC HEARtNGS Chairperson Campbell noted that 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 Planning Commission at, or prior to, the public hearing. A. Case No. CUP 97-15 - THE H.N. AND FRANCES C. BERGER FOUNDATION, Applicant (continued from January 20, 1998 and February 17, 1998) 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. �•• 2 MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1998 � Commissioner Jonathan indicated that he will abstain from participation on this case. Assistant City Attorney Hargreaves reported that the Fair Political Practices Commission guidelines indicate that a Commissioner who has a conflict may not participate in the decision, but if that person has a personal interest, they may address the Commission with respect to any impacts the proposed project may have on their personal interests. The Commission's bylaws requires that a Commissioner declaring a conflict must leave the room; so he would advise that Commissioner Jonathan leave the room so that the proceedings are not compromised, and he would suggest that the Commission's next agenda include a discussion of amending the bylaws to bring them into conformance with FPPC guidelines. Whereupon Commissioner Jonathan left the Council Chamber. Mr. Smith reported that the applicant has submitted two additional sets of plans since the Commission's last review of the case, and the plans indicate the actual height as proposed and also depicts the 25 parking spaces which couid be added in the parking lot adjacent to Sheryl, although that particular ti., area is not one that staff would encourage for additional parking in the event additional spaces become necessary, as staff feels they would be better located to the north or east. Mr. Smith noted that the Architectural Review Commission reviewed the plans and reaffirmed its conceptual approval of the project, subject to lowering the building into the ground an additional four feet. The draft resolution includes the condition recommended by the Architectural Review Commission. Mr. Smith stated that the draft resolution also grants the applicant the right to proceed with the installation of 60 parking spaces as long as the applicant provides a letter of credit ensuring the installation of 25 additional parking spaces in the event it becomes necessary. He believes the applicant understands that staff would prefer that the 25 additional parking spaces be located elsewhere on the site, but if it becomes necessary to install those additional spaces, that matter will come to the Planning Commission. `" 3 MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1998 i.. Chairperson Campbell noted that the public hearing was continued from January 20, 1998 and February 17, 1998, and is still open, and invited the applicant to address the Commission. Commissioner Beaty announced that although he did not attend the previous Planning Commission meeting wherein this case was discussed, he has reviewed the minutes and listened to the audio tape so he believes he is eligible to vote. CHRIS MCGUIRE, Vice President of the Berger Foundation, stated that there is no problem with a parking covenant, but Condition No. 14 refers to it as a letter of credit, and asked if the Berger Foundation will be required to pay the annual fee for a letter of credit. Mr. McGuire preferred that the verbage be changed so that some other form of security be required. Mr. McGuire stated that he doesn't feel the building will cause any blockage or interference. Regardless of what is built on that property, r.,,, it will be an imposing site because it is a rather large site. The pad is now at 75 feet, and the plans indicate 64 feet, but the condition requires 60 feet, and he doesn't feel that grading the property four feet deeper is right. The Berger Foundation is not opposed to the increased setbacks, but is opposed to Condition No. 15. Chairperson Campbell asked if the only change to the conditions Mr. McGuire would suggest would be regarding the letter of credit. Mr. McGuire stated that he knows what a letter of credit is, but is uncertain about the definition as it is used in the condition. Mr. Smith clarified that Condition No. 14 refers to an irrevocable letter of credit in favor of the City to guarantee that the City has the ability to create the parking at any time in the future, as opposed to a parking covenant or a bond. �" 4 MINUTES PALM DESERT PLANNING COMMtSSION MARCH 3, 1998 �r.. Mr. McGuire asked if the Berger Foundation would be required to pay the annual fee for the letter of credit, to which Mr. Drell replied that the afternative is a cash deposit. Mr. McGuire indicated that he would prefer to avoid the fees related to a letter of credit. Mr. Drell indicated that the condition could be revised to indicate that the applicant shall be required to post security in a form acceptable to staff and the City Attorney. Mr. McGuire remarked that he believes that is standard practice. Chairperson Campbell stated that Commissioner Finerty may have discussions on this project and ask questions, but will not be able to vote on it, and asked if that is correct. Commissioner Finerty replied that she was informed prior to the meeting that she would be able to vote. `.. Assistant City Attorney Hargreaves indicated it is his understanding that Commissioner Finerty did review the tapes. Mr. Drell reported that, according to the City Attorney Dave Erwin, someone who is a Commissioner and is absent is different than someone who was not a member of the Commission at the first hearing, and that Commissioner Finerty can participate, but not vote, unless Assistant City Attorney Hargreaves has consulted more recently with the City Attorney. Assistant City Attorney Hargreaves indicated he would defer to the City Attorney's advice. Chairperson Campbell noted that would only apply to finro items this evening which were continued from prevoius meetings, but Commissioner Finerty will be able to vote on the other items. Mr. McGuire emphasized that the building height complies to code requirements, and lowering the building by four feet is an aesthetic requirement imposed by the Architectural Review Commission, and it has nothing to do with the code as he understands it. '`` 5 MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1998 �.. Chairperson Campbell invited interested parties in FAVOR or OPPOSITION to address the Commission, to which there was no response. Chairperson Campbell closed the public hearing. Commissioner Fernandez expressed support for the project, especially since it meets code requirements and has addressed the potential need for additional parking in the future. Commissioner Beaty indicated that he is in favor of the project, but would like to retain Condition No. 15 pertaining to lowering the building an additional four feet. Chairperson Campbell stated that she supports the project because it meets code requirements, and even though she knows the Architectural Review Commission would like the building to be lowered an additional four feet, she doesn't think it makes that much difference, so she is not supportive of Condition No. 15. ... Action: It was moved by Chairperson Campbell, seconded by Commissioner Fernandez, to approve the staff recommendation as amended to delete Condition No. 15 and to modify Condition No. 14 to replace the words "irrevocable letter of crediY' with the words "security in a form acceptable to staff and the City Attorney." Motion carried 2-1-2, with Commissioner Beaty dissenting and Commissioners Finerty and Jonathan abstaining. Action: It was moved by Chairperson Campbell, seconded by Commissioner Fernandez,to adopt Planning Commission Resolution No. 1847 as amended to delete Condition No. 15 and to modify Condition No. 14 to replace the words "irrevocable letter of credit" with the words "security in a form acceptable to staff and the City Attorney." Motion carried 2-1-2, with Commissioner Beaty dissenting and Commissioners Finerty and Jonathan abstaining. Whereupon Commissioner Jonathan returned to the Council Chamber. � 6 MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1998 �.. B. Case No. CUP 97-16 and C/Z 97-13 - McFADDEN/McINTOSH ARCHITECTS (FOR WALGREENS DRUG STORE), Applicant (continued from January 20, 1998 and February 17, 1998) 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. Chairperson Campbell indicated that this case was continued from January 20, 1998 and February 17, 1998, and the public hearing is still open. Mr. Smith reported that the applicant has submitted a new artists rendering and revised building elevations and site plan. The Architectural Review Commission has granted preliminary approval for the building elevations and site plan. Mr. Smith stated that one unresolved issue pertains to traffic. The �.. applicanYs consultant prepared a traffic study, but the Public Works Department has not yet accepted it and has requested that the consultant provide information regarding impacts to traffic on San Gorgonio and the alley shared with the bank since the existing study does not adequately address those issues. Staff would recommend that the case be continued until the applicant is able to provide a traffic study in a form acceptable to the Public Works Commission which addresses the concerns mentioned. Commissioner Fernandez asked how long staff would recommend the case be postponed, to which Mr. Smith responded that he is not sure how long it would take to get the information, but if it is received by staff within the next two weeks, it could be ready for consideration by the Commission at its March 17, 1998 meeting. JIM McINTOSH indicated that he is available to answer questions. Last Friday, staff expressed concerns about the traffic study, and the traffic engineer was unavailable due to illness, but the traffic engineer is now ready to get started. �`` 7 MINUTES PALM DESERT PLANNlNG COMMISSION MARCH 3, 1998 r.. Mr. Mclntosh noted that since the plans were last presented to the Commission, some parking spaces were eliminated, and the landscaping was increased to screen the loading area. The intent is that the project blend in rather than stand out, and he thinks this project is a good transition between the neighborhood. Chairperson Campbell asked if the applicant would have any objection to a continuance. Mr. Mclntosh stated that his client would ultimately prefer approval of the project contingent upon favorable results from the traffic study. Chairperson Campbell noted that the traffic study was performed at 8:00 a.m., and 4:30 p.m., but at 8:00 a.m., there is not much traffic on San Gorgonio because the mall is not open; so she would suggest that the morning study be done a little later, as she anticipates that would result in higher traffic counts. `.► Mr. Mclntosh agreed that the peak hour near the mall is closer to noon, and stated that his traffic engineer was misinformed about times, but there was no intent to skew the results. Chairperson Campbell asked if the business will be open 24 hours. Mr. Mclntosh stated that the store will be open from 6:00 a.m. to midnight, but the pharmacy will be open 24 hours with a pharmacist on staff at all times, and the drive through will also be open 24 hours. Commissioner Beaty asked if there are any other pharmacies in Coachella Valley which are open 24 hours. Mr. Mclntosh indicated that the Sav-On pharmacy in Indio is open 24 hours. Chairperson Campbell asked how many cars are anticipated to go in and out of this site compared to the Sav-On in Indian Wells. •.. 8 MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1998 �r.r Mr. Mcintosh stated that representatives from Walgreens have indicated that they originally anticipated 40,000 customers per month, but that number was revised to 30,000 per month due to the change of hours, but if the store is only open from 6:00 a.m. to midnight, then the estimate is 23,000 to 25,000 per month. Mr. Mclntosh noted that the Planning Department was considering traffic impacts based on 40,000 customers per month. Chairperson Campbell felt that there is not too much traffic at the Sav-On in Indian Wells. Mr. Mclntosh noted that the code requirement for the 15,000 square foot building is 65 parking spaces, but 30 spaces have been added because part of the site is owned by the Palm Desert Parking Authority. Chairperson Campbell stated that the traffic study does not indicate how much traffic will be relieved on San Gorgonio due to the availability of a ... second driveway on the alley to the east, and noted access to Highway 111 could be gained via that route. Chairperson Campbell invited interested parties in FAVOR of the proposed project to address the Commission. GARY LYONS, the property owner, stated that the City approved a 35,000 square foot building at the subject location in 1990, and that building would have been twice as large as the one currently being proposed; so a mitigating factor of the traffic impact would be significant because of the reduction in building size. He has purchased a number of run down, seedy, eyesore type houses in the area and cleaned those off the lots in anticipation of this project; so he is looking forward to having the rest of the traffic impacts addressed. Commissioner Beaty asked if the previous proposal was for an office professional building, to which Mr. Lyons responded that it was originally commercial, and then revised to be one-half commercial and one-half office professional. �.. 9 MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1998 � Chairperson Campbell invited interested parties in OPPOSITION to the proposed project to address the Commission, to which there was no response. Commissioner Beaty asked if the Commission can approve the project with a condition that the traffic study be favorable, to which Assistant City Attorney Hargreaves responded that it could be conditioned upon the City Engineer's approval of the traffic study, but the Commission would have to provide guidance on what types of things it would like to see in the traffic study; however, he would prefer that the hearing be continued. Action: It was moved by Commissioner Beaty, seconded by Commissioner Fernandez, to continue the hearing to Tuesday, March 17, 1998. Motion carried 4-0-1, with Commissioner Finerty abstaining. C. Case No. TPM 28764 - RICHARD JOBE, Applicant r..► Request for approval of a Tentative Parcel Map to subdivide a 33,965 square foot parcel into four single-family lots on property located within Ironwood Country Club at the southwest corner of Mariposa Drive and Jasmine Place. Chairperson Campbell opened the public hearing. Mr. Alvarez reported that the subject property is located within Ironwood Country Club at the northeast corner of Mariposa Drive and Jasmine Lane. The property is zoned Planned Residential with seven units per acre and is surrounded by other residentially developed properties. The site housed the former sales office for Ironwood Country Club, but that office has been demolished to accommodate new residential development. Mr. Alvarez commented that the existing parcel is 33,000 square feet and will be subdivided into four parcels ranging from 7,900 to 8,900 square feet with an average lot size of 8,482 square feet. The parcel map is within a planned unit development which has a variety of development standards. Each lot will have a single-family detached residence with access from Mariposa Drive. �..► 10 MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1998 � Mr. Alvarez noted that although this project is not currently within one of the homeowners associations, a letter from the Ironwood Board of Directors acknowledges the subdivision of the property. The site is currently served by all utilities, and the parcel map meets all City requirements. The architecture of the homes will be submitted for approval by the Architectural Review Commission. The project is a Class 15 categorical exemption pursuant to the California Environmental Quality Act. Staff recommends approval of the parcel map, subject to conditions. Commissioner Fernandez asked about the proposed square footage of the units, to which Mr. Alvarez responded that he would have to defer to the applicant. Mr. Drell commented that he believes this will have to be annexed to a homeowners association because the project will be sharing amenities and the roadway of the country club, and the project will also be subject to architectural review by the country club. ... RICK JOBE, the applicant, stated that the homes will have approximately 2,500 square feet of living area, and the project is designed to stay within the guidelines of the homeowners associations, since this project may join an association. The property can accommodate five residences, but only four will actually be developed. Commissioner Jonathan asked if the project would be in compliance with an Ironwood homeowners association requirements if it were annexed, to which Mr. Jobe responded affirmatively, and added that he met with a homeowners association to confirm that. Chairperson Campbell invited interested parties to address the Commission either in FAVOR or OPPOSITION, to which there was no response. Chairperson Campbell closed the public hearing. Action: It was moved by Commissioner Beaty, seconded by Commissioner Jonathan, to concur with the staff recommendation. Motion carried 5-0. `"' 11 MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1998 �... Action: It was moved by Commissioner Beaty, seconded by Commissioner Jonathan, to adopt Resolution No. 1848 approving TPM 28764, subject to the findings and conditions. Motion carried 5-0. D. Case No. GPA 98-1, C/Z 98-1 and PP 98-1 Request for: 1) approval of a general plan amendment (low density residential to office professional), change of zone from single-family residential (R-1) to office professional (O.P.) for three properties located on the west side of Portola Avenue, starting 140 feet north of Alessandro Drive; and 2) approval of a precise plan of design to convert and remodel an existing residence into office space located on finro parcels at 44-817 and 44- 835 Portola Avenue. Mr. Alvarez reported that the subject properties are located on the west side of Portola starting one parcel north of Alessandro. The request includes `••• amending the General Plan from the from Medium Density Residential to Office Professional and changing the zoning from R-1 to Office Professional. As a result of the recent office development to the south and southeast, the subject single-family residences have been impacted. Being an area in transition, staff feels the proposed land use changes will be consistent with the long-term land use of the area. Mr. Alvarez indicated that the precise plan includes remodeling and converting the existing 917 square foot residence into a 2,300 square foot office, and the site also has an 858 square foot garage which will remain in use as a garage. The project will gain access from Portola Avenue via a single ingress/egress point. As part of the conditions of approval, the City is requiring the applicant to offer an irrevocable access to the north property to ensure the developability of the adjacent 49-foot wide parcel and reduce the number of driveways onto Portola. The project will have a total of 11 on-site parking spaces, including three covered spaces within the garage. `� 12 MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1998 r... Mr. Alvarez reported that on January 20, 1998, the Architectural Review Commission granted preliminary approval of the exterior elevations and landscaping, subject to the applicant remodeling the exterior of the garage to match the architecture of the proposed office. At its February 10, 1998 meeting, the Architectural Review Commission reviewed plans which illustrated proposed improvements to the garage, including painting the structure to match the proposed office, adding Spanish tile to the roof and replacing the garage doors; however, the Architectural Review Commission indicated that the architecture of the garage should match that of the office. Staff feels that the proposed improvements to the garage are adequate to be compatible with the proposed office building. Mr. Alvarez added that, for purposes of the California Environmental Quality Act, the project will not have a significant negative impact on the environment, and a negative declaration has been prepared. Staff recommends approval to the City Council for the General Plan Amendment, Change of Zone and Precise Plan, subject to conditions. Staff would also ask the Commission for direction to proceed in rezoning those properties on .� the south side of Alessandro, starting from Portola to San Jacinto Avenue. Commissioner Jonathan asked about the status of the development to the south, to which Mr. Alvarez replied that it has never been completed. Mr. Drell added that a facade was constructed, but no improvements were made to the interior, and everyone who has considered purchasing the property has walked away from it; so it is an unfortunate story. Mr. Drell commented that the justification for the project is the impact of Portola because that street will ultimately be widened to four lanes, which will make low density residential development inappropriate for the location. Mr. Alvarez noted that the applicant has indicated that he could potentially convert the garage into an office use, but that would require approval of an amendment to the precise plan by the Planning Commission. Commissioner Jonathan noted that the applicant would lose parking spaces if Portola is widened, and asked if that has been considered, to which Mr. Alvarez responded affirmatively. `' 13 MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1998 r... Chairperson Campbell commented that the applicant will lose space on the east if Portola is widened, to which Mr. Alvarez replied that the plan has already been accomodated for a 14-foot right-of-way increase. Chairperson Campbell o ened the public hearing and invited the applicant to address the Commission. DAVID DOWGIALO stated that this is an ideal spot for transition. He is concerned about the requirement for irrevocable access to the property next door. When he purchased the two lots, he also tried to buy the next lot, but the owners did not want to sell. The City does not know how or when that property will be developed, and the access offerwould require 24 feet of immediate right-turn access, and it does not allow for any buffer zone between his building and vehicular traffic; so traffic would be right next to his building. He is also concerned that the irrevocable access could create safety probtems from vehicles crossing his property during off hours. �•• Mr. Dowgialo noted that the lot allows him to develop more office space, but the irrevocable access would hinder his future development potential. The ingress/egress takes parking away. The garage has a shower, toilet, air conditioning and heat; so it is a completely finished building, and his business uses it for storage. Commissioner Jonathan asked if alternative layouts have been considered for ingress/egress at the northernmost portion of the property, because he believes it could serve as a dual driveway. Mr. Dowgialo stated that if the property next door would share the driveway, it would be acceptable, but at this time, there are two driveways, and he already gave up one at the City's request; so he has complied with the request to reduce the number of driveways on Portola. Chairperson Campbell invited interested parties in FAVOR of the proposed project to address the Commission. � 14 MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1998 i... JIM McINTOSH, the project designer, stated that part of the problem stems from the fact that the applicant is dealing with an existing building, and the addition is being made to the back of the building. He was asked to look at similar projects which use shared access, and he found that situation works with master planned properties where all parties contribute a percentage of their property, but in this case, the Dowgialos are being asked to contribute 100% of the access and will get nothing in return. Even though the property is next door, it could be developed for a higher use, just as this property is being developed with a larger building. Mr. Mclntosh added that the applicant does not want to commit to the irrevocable access because it would eliminate parking on his property and leave no buffer from the front of the street to the building. Commissioner Jonathan asked if the issue is solely financial, and if not, if the irrevocable access requirement is workable. �..► Mr. Mclntosh indicated that it is not workable because it creates an undesirable situation, and the applicant doesn't know how the other property will be developed, and, therefore, doesn't want to give irrevocable access to an unknown development. Chairperson Campbell noted that the applicant would be giving up easement for access, and would be in a position to exercise some influence on the adjacent property's application. Mr. Mclntosh commented that the Dowgialos won't be able to control that development, nor other daily occurrences such as delivery trucks and trash pickups. Chairperson Campbell invited interested parties in OPPOSITION to the proposed project to address the Commission. �`"' 15 MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1998 �. GARY TRION, 74-047 San Marino Circle, stated that he lives in one of the oldest, well established neighborhoods in the City. Two years ago, the northwest corner of Alessandro and San Gorgonio was changed to Office Professional, and for the last year and a half, he has had to look at an unfinished development. Nine years ago, the units behind changed to Office Professional and a monstrosity of a parking lot was installed. This is a residential area, and businesses don't belong here, and anyone who thinks this is acceptable doesn't have the brains God gave a goose. He predicts someone will die at this intersection. GREG WEIR of San Marino Circle asked if this project will�impact the close of San Marino, to which Mr. Drell responded that it should not. Mr. Weir stated that there is a lot of traffic from Ruths Chris Steakhouse, and there are a lot of turn-arounds in front of the proposed project. He believes there will be parking and access problems. +r.. Mr. Drell stated that there will be no more parking or access problems than currently exists. There being no further public input, Chairperson Campbell closed the public hearing. Commissioner Jonathan felt that the project will enhance the area and will serve as a good transition between the residential and commercial uses; however, he would hate to create a situation that increases traffic. He has problems with the inequities of requiring this property owner to give up iand for someone else's use, and feels that the easement may not be appropriate because of inequities. He agrees with the Architectural Review Commission that the garage is part of the project, and if the project is to be approved, it should be approved as a whole, meaning that the garage should be designed to match the office building. � 16 MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1998 � Commissioner Finerty expressed support for the project, and felt that the proposed changes to the garage are sufficient, i.e., the new garage door, the new paint and adding a red tile roof, especially since the area to the north has red tile roofs. She does not believe it would be fair to impose an irrevocable access requirement on this project. Commissioner Femandez commented that the project looks great and is the type of improvement needed in the City. The owner has all the rights to his property and should not have to share with a neighbor. Chairperson Campbell expressed support for the project. Commissioner Jonathan suggested deleting Condition No. 11 and adding a condition that mirrors the one imposed by the Architectural Review Commission requirement that the garage match the office building. Mr. Drell commented that staff feels the improvements proposed to the garage are adequate, especially in view of thee fact that the property owner �r., is making substantial improvements to the rest of the property. Action: It was moved by Commissioner Jonathan, seconded by Chairperson Campbeil, to approve the staff recommendation as amended to delete Condition No. 11 and to add a condition mirroring the conditional approval of the Architectural Review Commission that the garage either be removed or remodeled to match the rest of the project. Motion carried 5-0. Action: Commissioner Jonathan moved, seconded by Commissioner Fernandez, to adopt Planning Commission Resolution No. 1849 to recommend that the City Council approve the Negative Declaration of Environmental Impact, GPA 98- 1, C/Z 98-1 and PP 98-1, subject to conditions, as amended to delete Condition No. 11 and to add a condition mirroring the conditional approval of the Architectural Review Commission that the garage either be removed or remodeled to match the rest of the project. Motion carried 5-0. Mr. Drell announced that any decision of the Planning is appealable to the City Council. `" 17 MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1998 �... E. Case No. TT 28750 - SUNLITE DEVELOPMENT, INC., Applicant Request for approval of an 18-lot single-family subdivision on 10 acres southwest of Della Robbia Lane. Commissioner Jonathan announced that he would abstain from participation because he has a financial relationship with the applicant, and left the Council Chamber. Mr. Joy reported that the subject 10 acres is the last undeveloped part of an approximately 40-acre area between Ironwood Country Club and the Canyons at Bighorn. The subdivision is designed with a 720-foot long east/west cul-de-sac surrounded by 12 lots and a 180-foot long north/south cul-de-sac surrounded by six lots. The project extends Della Robbia Lane south another 220 feet. The east side of this extension currently serves as a driveway to two developed single-family lots with rows of palm trees on both sides. This driveway will act as the egress from the subdivision. The westerly row of palms will remain in a center median and the new 16-foot �.., wide section of Della Robbia Lane will serve as ingress to the subdivision. All lots are a minimum of 20,000 square feet, which is consistent with the zoning for the area. Mr. Richard Schoenberg has submitted his concerns in writing to the Planning Department. Mr. Schoenberg met with the applicant, and it appears all of his concerns are alleviated with the exception of three. The property is owned by the Phil Harris Trust, and an easement was negotiated 18 years ago which indicates that the palm trees must be preserved. The palm trees could be relocated, and the six-foot center median could be eliminated, and the 38-foot right-of-way could be reduced to move the road further away from Mr. Schoenberg's house. At this time, the easement requires that the pa(m trees be protected. Mr. Schoenberg's home is 10 to 15 feet from the road, and he is concerned about storm water crossing onto his property, but the water will be channeled onto Della Robbia; so staff believes that issue is addressed. Regarding compliance with the Ironwood master maintenance association regulations, staff would recommend an additional condition that the easements be further reviewed to the satisfaction of the City Attorney prior to approval of the final map by the City Council. `r 18 MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1998 r.. Mr. Joy indicated that the site is currently bordered to the south by a 10-foot high earthen dike, formerly used to divert flood waters, but now not needed due to construction of the Palm Valley Channel and other flood control work completed by the Canyons at Bighorn. Most of the dike is located on the Canyons project and is shown to be removed on their rough grading plan. Sunlite's proposed lots that back up to the dike will be four to 10 feet lower still due to the depth of the lots and the natural sloping terrain in this portion of Palm Desert. Sunlite's proposal shows this cut slope to be accommodated on their lots so that the property line will be at top of slope. The perimeter wall will be reviewed by staff at a later date, unless any controversy comes up, in which case the wall would be reviewed by the City's Architectural Review Commission. The lots on the north side of the proposed cul-de-sac are proposed to be graded following the natural terrain. The drainage of these lots will be to the rear into a channel that will take the water to the northeast portion of the tract. The project is viewed as an infill development, and, therefore, could not have a significant effect on the environment and a negative declaration has been prepared. .�. Staff recomends approval of the project with an added condition that the City Attorney review and approve the easements prior to approval of the final maps by the City Council. Chairperson Campbell o�ened the public hearing and invited the applicant to address the Commission. PAUL DEWEY of Sunlite Development indicated that the proposed development involves 18 single-family lots, and indicated he is available to answer questions. Chairperson Campbell invited interested parties in FAVOR or OPPOSITION to the project to address the Commission. GENE ALFORD, 73-159 Ajo Lane, stated that the addendum to the CC&Rs signed by Phil Harris in 1980 indicated that the development should not overburden the collector streets. He would request that the developer meet with the concerned neighbors and discuss how to avoid overburdening the collector streets so that the project can move forward. �.. 19 MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1998 i.. CLAYBORN JONES, 73-995 Carriage Trail, expressed concern that the storm drain will go down Della Robbia and then Carriage Trail. He has a six-inch curb, and doesn't want impacts from the heavy rains going down the road that come down at an angle. In 1980, there were no other streets in his subdivision. All the tra�c will come down Crosby Lane or down Della Robbia to Carriage Trail, because those are the only two routes out of the area. Crosby Lane is only half a road; so that should be completely developed into a full road. JAN JANERA, 49-335 Sun Rose Lane, was concerned about the project density, and noted that his property is a little more than an acre. He is also concerned about the entry and whether or not there will be an alternate access. Mr. Joy noted that the legal access is at Della Robbia and Crosby. Mr. Janera indicated that he hopes an inexperienced builder is not used, because it could bring down the existing property values. � There being no further public input, Chairperson Campbell closed the public hearing. Commissioner Beaty asked about runoff, to which Mr. Joy stated that there is sufficient capacity to handle the storm water runoff, and noted that Crosby Lane should be improved shortly. Commissioner Beaty asked if traffic impacts were considered, to which Mr. Joy replied that it has been stipulated that there would be no more than 23 units for this area, but the project only proposes 18 units with a minimum lot size of 20,000 square feet, and added that lots on Sun Rose Lane are predominantly 20,0000 square feet. Chairperson Campbell re-opened the public hearing. �` 20 MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1998 �... CHARLES LOVIN, 73-050 Crosby Lane, commented that before his lots were subdivided, he had to go through strict water containment restrictions regarding the storm drains, and he would like to know what restrictions will be piaced on this project. His house is at the corner of Della Robbia and Crosby Lane, and he is concerned that storm water not rise up over his curb, because it could wipe him out. Mr. Gaugush noted that Mr. Lovin's subdivision required import and elevation of the proposed pads by 15 to 20 feet above the natural grade to achieve proper street drainage, but the proposed project has natural drainage on one side, and the other side has drainage to the rear. The applicant may need to explore the situation further. WYMAN STACKHOUSE, 73-080 Crosby Lane, stated that his house is below street level; so if storm water rises over the curb, it will run down into his house. MR. RITTENHOUSE, 73-105 Crosby Lane, indicated that his concern r., is regarding storm water drainage. FRANK TRAIN, 72-840 Calle de la Silla, indicated that he is a member of the Board of Directors of Ironwood Homeowners Association No. 9, which is the subdivision down the hill. All the traffic from the project will pass through his subdivision. The homeowners association spends a fair amount of money each month for landscaping on Sun Rose Lane, so it would help to defray the costs if this project would join the association. Mr. Janera requested that the City Council reconsider the project zoning and density based on the concerns presented regarding drainage and the amount of hardscape related to the maximum density of the project. Mr. Joy noted that Public Works Condition No. 3 is included in the draft ordinance and indicates that any storm drain/retention area construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works. �` 21 MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1998 �.► Mr. Dewey agreed with Mr. Joy that all engineering concerns will be addressed. Mr. Schoenberg will get very little water because of the cross cutter going from Heather Court down the west side of Della Robbia, and the engineers will be relied upon to take care of the water drainage. He would note that the density of the project is decreased since there are only going to be 18 units instead of the maximum allowable number of 23. The grading on this project will not be changed. There being no further public input, Chairperson Campbell closed the public hearing. Commissioner Finerty stated that this looks like a good project, and she believes the density issue has been adequately addressed, and that the Public Works Department can be relied upon to handle the drainage issue. Commissioner Beaty agreed with Commissioner Finerty and indicated that he is comfortable that staff will ensure the project is properly engineered. �.. Commissioner Fernandez agreed that the project will be good and that the Planning Department will make sure the drainage issue is addressed. Chairperson Campbell concurred with her fellow Commissioners and was confident that staff will take care of the concerns. Action: It was moved by Commissioner Beaty, seconded by Commissioner Fernandez, to approve the staff recommendation. Motion carried 4-0, with Commissioner Jonathan abstaining. Action: It was moved by Commissioner Beaty, seconded by Commissioner Finerty, to adopt Planning Commission Resolution No. 1850 approving TT 28750 and a negative declaration of environmental impact. Motion carried 4-0, with Commissioner Jonathan abstaining. Whereupon Commissioner Jonathan returned to the Council Chamber. �` 22 MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1998 �.. IX. MISCELLANEOUS Commissioner Beaty commented that the Commission needs to take steps to review the bylaws, to which Mr. Drell replied that it will be included on the next agenda. Commissioner Jonathan stated that the problem is that the bylaws conflict with FPPC regulations regarding the Commissioners' rights when there is a conflict of interest, and he would like the City Attorney to prepare a resolution for adoption at the next meeting to bring the bylaws into conformance with FPPC guidelines. X. COMMITTEE MEETING UPDATES A. CIVIC CENTER STEERING COMMITTEE - (No meeting) B. DESERT WILLOW COMMITTEE - (3/3/98) �... Commissioner Finerty reported that the Committee will be meeting next Monday at 2:00 p.m. to review the finalists for the design of the clubhouse. The Committee is also discussing how streets will be named. Signage was approved for the Country Club, Frank Sinatra and Portola entries. C. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE - (2/19/98) Commissioner Jonathan reported that the Committee received updates, and the Planning Commission is affected because the City will be moving forward with the Chamber of Commerce to attract more manufacturing businesses to the Cook Street district, and the City will contract with College of the Desert regarding a feasibility study and methods of funding. D. PROJECT AREA 4 COMMITTEE - (No meeting) � 23 MINUTES PALM DESERT PLANNING COMMISSION MARCH 3, 1998 �.. E. PALM DESERT/RANCHO MIRAGE MONTEREY AVENUE CORRIDOR - (No meeting) F. ZONING ORDINANCE REVIEW COMMITTEE - (No meeting) XI. COMMENTS Commissioner Fernandez stated that the Carlotta Retirement facility is willing to take care of the landscaping on the little remnant lot, but they don't want ownership. Mr. Drell stated that an encroachment permit should be obtained. Commissioner Fernandez asked that staff send a letter to that effect, to which Mr. Gaugush responded that he will see to it. Commissioner Beaty indicated that the Lakes Country Club would be willing to provide some of the materials if the Carlotta will maintain the area. r... XII. ADJOURNMENT It was moved by Commissioner Beaty, seconded by Commissioner Fernandez, to adjourn the meeting by minute motion. Motion carried 5-0. The meeting was adjourned at 9:05 p.m. ___-------. PHILIP DRELL, Secretary ATTEST: ' O�� . SONIA M. CAMPBELL, Chairperson Palm Desert Planning Commission /kc �" 24