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HomeMy WebLinkAbout0518 MINUTES PALM DESERT PLANNING COMMISSION REGULAR MEETING TUESDAY - MAY 18, 1999 7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER � 73-510 FRED WARING DRIVE � � � � � * * � � * * � * � * � � � � � � � * � * * * � � � � * � * * * � � � � * * � I. CALL TO ORDER Chairperson Jonathan called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Lopez led in the piedge of allegiance. III. ROLL CALL Members Present: Sabby Jonathan, Chairperson Paul Beaty Sonia Campbell Cindy Finerty Jim Lopez �, Members Absent: None _ ____ - - _ _—_-- __- -- --- _ _ -- - Sta�fi Present: Phil Drell, Director-ofi �ommunify Uevelopment Bob Hargreaves, City Attorney Martin Alvarez, Assistant Planner Mark Greenwood, Transportation Engineer Tonya Monroe, Admi�istt'ativ� Secretary IV. APPROVAL OF MINUTES: , Reques# #o�: �s�deration of the April 20, 1999 m�eting minutes. Action: It was �oved by �inmissianer Campbeil, seconded by Commissioner Finerty, approving the� April 20; 1999 rninutes as submitted. Motion carried 4-0-9 (Com�nissioner Beaty abstained). ' V. SUMM�►RY OF EOUNCI� ACTION ` Mr. Drell summarized pertinent April 22 and May 13, 1999 City Council actions. � MINUTES PALM DESERT PLANNING COMMISSION MAY 18, 1999 '� � VI. ORAL COMMUNICATIONS None. VII. CONSENT CALENDAR A. Case No. PMW 99-5 - AVONDALE VILLAS, LLC, Applicant Request for approval of a lot line adjustment to expand lots into a more regular shape within Avondale Golf Club, Tract No. 26553. B. Case No. PP 97-10 - MONTEREY PROPERTIES, Applicant Request for approval of a second one-year time extension for an approved precise plan of design allowing the construction of a 7,460 square foot office building on property at 44-377 Monterey Avenue. � � Action: It was moved by Commissioner Beaty, seconded by Commissioner Finerty, approving the Consent Calendar by minute motion. Motion carried 5-0. .-:tR e, 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 Planning Commission at, or prior to, the public hearing. A. Case No. TPM 29246 - COACHELLA�VALLEY WATER DISTRICT, Applicant Request for approval of a tentative parcel map to subdivide one parcel into two single f�mily lots. Property is located on the west side of Portola Avenue, 700 feet south of Catalina Way at 44-491 Portola Avenue. � 2 MINUTES PALM DESERT PLANNING COMMISSION MAY 18, 1999 � Mr. Alvarez noted that an exhibit was on display. He explained that the property is zoned R-1 and currently had a single family residence with a detached garage located on parcel two. The request was to subdivide this property into two lots. Parcel one would have a total of 9,000 square feet and parcel two a total of 9,729 square feet. Condition of approval number six required a 20 foot dedication for future roadway widening. With that dedication those parcels would be 7,600 square feet for parcel one and parcel two would be 8,130 square feet. Minimum lot size in the R-1 zone is 8,000, so parcel one became a bit deficient but the ordinance allowed a credit prior to dedication so both parcels met the minimum requirements including the minimum 70 foot lot width. The two parcels were consistent with the ordinance and staff recommended approval. For purposes of CEQA, this project was a Class 15 Categorical Exemption. Commissioner Campbell asked what would happen with the parcel where the well was at De Anza if Portola was going to be widened. Mr. Greenwood explained that there was a Public Works project in the works scheduled for construction this summer to widen Portola in that area and build curb and gutter. Commissioner Campbell said she thought that one side was fine and �• they were going to widen the other side and asked if instead they were going to widen both sides. Mr. Greenwood indicated that ultimately they would have to widen both sides. Commissioner Beaty noted that the property in question was the abandoned Palm Desert Water Services site. He indicated that the structu�e in the back was described as a detached accessory structure and asked if that would be allowed to stand as it is. Mr. Alvarez said currently it was nonconforming in that it was built prior to the city's incorporation, but it could continue as is. If a new single family residence was built, hopefully it would be abandoned. Commissioner Campbell pointed out that the structure was quite high in comparison to the house. She asked how high it is. Mr. Alvarez said he didn't know the exact height, but indicated�tFiat perhaps the applicant could answer that question. Commissioner Beaty indicated that it seemed to be the intent of the Water District to abandon the property and sell it. His question was if they had to leave the structure in place or if there was any way they could have that structure removed. He felt it was an eyesore. Mr. Drell asked Mr. Hargreaves if as part of the parc'el map the commission could require an improvement on some of the property to be demolished and cleared. Commissioner Beaty asked if they could question the applicant before asking ' legal counsel. Mr. Hargreaves asked if the structure at this point was a public �..� nuisance or a particular code enforcement issue. Mr. Drell asked if it was in 3 MINUTES PALM DESERT PLANNING COMMISSION MAY 18, 1999 :� a reasonable condition. Mr. Alvarez said it seemed to be in a structurally � reasonable condition. Mr. Drell said the problem was that it was originally permitted because it was on the same parcel as a primary dwelling. In an R-1 zone they could have accessory structures if there was a primary structure. They would now be a separation. Mr. Alvarez said both structures would be on one parcel. Mr. Drell indicated that if the single family dwelling and the accessory structure was still on the same parcel the answer was that they were perfectly legal as long as they don't fall into disrepair and become a public nuisance. Commissioner Beaty pointed out that for anyone looking at that lot it would be a great place to set up an auto mechanics facility. Chairperson Jonathan asked if the structure was deemed unsightly if it could be deemed a public nuisance. Mr. Hargreaves advised that it would have to be very seriously unsightly with code enforcement kinds of problems. Mr. Drell explained that it had to be due to deterioration, not because of the original design. Commissioner Lopez asked if this was subdivided and the house stayed there, and the house was empty and abandoned, if it could just stay there. Mr. Drell said the house had to be secured and maintained. It couldn't become a public nuisance. If they didn't maintain the property and it became a public nuisance, then they could have the whole thing torn down. � Commissioner Lopez indicated there was currently an abandoned car there and it just seemed one step toward the beginning of deterioration. Mr. Drell said that as a separate matter they could pursue those code enforcement issues independent of the parcel map. Mr. Alvarez asked if not having a secured building constituted a nuisance. Mr. Drell said if the building was not secured and it was obviously abandoned and there were weeds growing around it, they could get code enforcement out there. Mr. Greenwood informed commission that the building was not secured. The out building did not have doors on it, so it might be a code enforcement issue right now. Commissioner Beaty suggested after hearing public testimony that the commission consider a continuance. Commissioner Finerty agreed. Chairperson Jonathan asked if staff knew the height of the structure and whether it is potentially in violation � of the ordinance. Mr. Drell said it would be nonconforming in any case. He thought it predated city incorporation. Chairperson Jonathan stated that he wasn't saying it was a current problem, but the commission was not compelled to allow the request. Mr. Drell said it required approval because the commission had to determine whether the request was consistent with our ordinances. Chairperson Jonathan noted there was also an exception to the ordinance being requested and he thought that provided the commission with some ability to add conditions. � 4 MINUTES PALM DESERT PLANNING COMMISSION MAY 18, 1999 � Chairperson Jonathan opened the public hearing and asked the applicant to address the commission. MS. ALICE LEE, 54-082 Avenida Bermudas, stated that she was present representing CVWD from Warner Engineering. She said she didn't know the height of that structure and it hadn't been questioned before. Chairperson Jonathan asked if she knew the intended plans for the site. Ms. Lee indicated that CVWD wanted to sell the two pieces of property separately--the house and the garage as one piece and the other lot as a vacant lot. Chairperson Jonathan asked if they intended to sell the piece of property with the structure as is with the structures. Ms. Lee said yes. She explained that they had been trying to sell it as one large lot and hadn't been able to, so they wanted to split it. She � thought the house was boarded up. Commissioners Campbell and Lopez said it was. Ms. Lee thought the structure behind it was an open shell. Commissioner Beaty said it was a workshop for the old water district. Ms. Lee said she has seen it but didn't know anything about it. Commissioner Beaty said the commission would like to see the lots sold and improved, too, but he personally would like to hear how CVWD would feel about destroying the structure in the back while the opportunity was there. Ms. Lee said she was sure they would prefer not to. They would like to just sell the property. Chairperson Jonathan indicated there was some discussion about continuing the matter to give CVWD an opportunity to review the situation and perhaps consider razing that rear structure. One of the things the commission would � be considering was an exception to the ordinance in terms of the lot size and as he understood it, they were not compelled to grant that exception so 5 MINUTES PALM DESERT PLANNING COMMISSION MAY 18, 1999 � � � perhaps they could work together and find an amiabie solution to everyone's needs. Ms. Lee said her understanding on the lot size was that they were within the ordinance. The staff report said the applicant was to receive credit for the original lot size, the 9,000 square feet. Chairperson Jonathan said she might be perfectly correct. The reason this goes through an approval process is because approval is not automatic and the request could be denied, not that he was suggesting that it would be. On the other hand, if CVWD could find a way to meet the city's needs, he was sure they could find a way to meet theirs, although that wasn't a proposed bargain. Ms. Lee didn't think this had been mentioned to them before. Chairperson Jonathan indicated this was the commission's first time of reviewing this as well. He was just saying there was some discussion about a postponement so everyone could deal with these issues. Commissioner Campbell suggested that Ms. Lee ask CVWD if they could pare ,� down that hanger back there. Commissioner Finerty suggested the removal of the abandoned car. Mr. Drell said that obviously CVWD should look at it because the city's code enforcement staff would be looking at. Commissioner Finerty noted it would be very hard to sell a piece of property in earnest given its current condition. Chairperson Jonathan asked if anyone wished to give testimony if FAVOR or OPPOSITION to the proposal. There was no one and the public hearing was closed. Commissioner Beaty had made his comments and suggested a continuance to see if the Water District could be encouraged to destroy that structure and remove it. Commissioner Campbell added to clean up the property. Mr. Drell indicated that justification could be that it appears to be industrial in nature and by subdividing it according to the R-1 standards it was obviously being denoted for residential use and it was therefore appropriate to remove the old industrial improvements. Commissioner Beaty noted that with the Water District's resources this could be taken care on in half a day without a problem. Commissioner Finerty asked if that was a motion. Commissioner Beaty concurred. Commissioner Finerty said she would second it. � 6 MINUTES PALM DESERT PLANNING COMMISSION MAY 18, 1999 � Chairperson Jonathan reo�ened the public hearing. Action: It was moved by Commissioner Beaty, seconded by Commissioner Finerty, continuing TPM 29246 to June 1, 1999 by minute motion. Motion carried 5- 0. B. Case No. PP 98-1 Amendment No. 1 - MR. AND MRS. DOWGIALO, Applicants Request for approval of an amendment to a precise plan to demolish an existing 856 square foot garage and allow the construction of a 2,046 square foot office building at 44-835 Portola Avenue. Mr. Alvarez noted that in March of 1998 the commission reviewed this project and recommended approval to city council. The March project included a general plan amendment, change of zone from residential to office and the �+ remodel of the existing residence to a 2,300 square foot office. That building also included a detached garage structure located at the southwest corner of the property which was just going to be used for storage purposes only. The applicant now requested that demolishing of that building and requested an amendment to the precise plan to build a freestanding 2,000 square foot office building. Plans and elevations were on display. The new building would have a maximum height of 16 feet 4 inches. There would be 16 total parking spaces on the site which would be sufficient to accommodate the demand required by the ordinance. The Architectural Review Commission granted preliminary approval on May 1 1 and stipulated one condition that the south wall running along the perimeter tie in at the corner and that area be heavily landscaped. With that condition they granted preliminary approval. The project meets all requirements and has been previously assessed for purposes of CEQA. Staff recommended approval. Commissioner Campbell asked if the applicant knew that with that number of parking spaces that building could not be used for dental or medical uses. Mr. Alvarez said there were aware of that and intended to use this facility as general office. Commissioner Campbell said there was only one handicapped parking space provided and asked how many there should be. Mr. Alvarez said � the requirement was for one handicapped space for the first 25 spaces. 7 MINUTES PALM DESERT PLANNING COMMISSION MAY 18, 1999 � � Chairperson Jonathan onened the public hearing and asked the applicant to address the commission. MR. DOWGIALO, 77-200 Avenida Arteaga in La Quinta, said his only comment was what led to this finaliiation was that the arch and site committee on the garage that was there had requested extensive renovation. When they finally got into bidding it and priced it out it wasn't worthwhile to keep that old building. Arch and site actually got what they were originally hoping to get and that was for them to finish off the project. They decided to do it in one shot and get it done. Commissioner Campbell felt this would look a lot better too rather than just having that structure there. Chairperson Jonathan asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal. There was no one. Chairperson Jonathan asked for commission comments. Action: s It moved by Commissioner Finerty, seconded by Commissioner Campbell, ,�p approving the findings as presented by staff. Chairperson Jonathan commented that this was a perfect use of that site and looked like it would be a wonderful project. He thanked the applicants for putting it together and called for the vote. Motion carried 5-0. It was moved by Commissioner Finerty, seconded by Commissioner Campbell, adopting Planning Commission Resolution No. 1924, approving PP 98-1 Amendment No. 1, subject to conditions. Motion carried 5-0. IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES - (No meeting) B. CIVIC CENTER STEERING COMMITTEE - (No meeting) � 8 MINUTES PALM DESERT PLANNING COMMISSION MAY 18, 1999 � C. DESERT WILLOW COMMITTEE - (May 4 and 18, 1999) On May 4, 1999 Commission Finerty noted that Rudy Acosta would be going to work for Golf Dimensions. They needed a project manager to oversee completion of the clubhouse. For Planning Commission purposes, there was a lot line adjustment for Montecito Homes that would probably be coming before them. May 18, 1999 there was discussion about David Leadbetter expanding his learning center. They would upgrade the fixtures and finish the inside of the entrance where the majority of the retail was would match the proposed mahogany wood. They would also go ahead with a master signage program and hire a consultant. What would be coming before Planning Commission would probably be that Intrawest would be asking for directional signage for the casual traveler because they had all kinds of people coming in having no clue where they were going. D. PROJECT AREA 4 COMMITTEE - (May 17, 1999) Commissioner Finerty indicated there was major discussion with regard � to the traffic flow and stop signs at Kansas and Hovley Lane. The committee was making a recommendation to City Council. Hopefully the wall contract would be awarded in August as well as the landscaping. The neighborhood park that Planning Commission approved went out to bid and came in over 5250,000 more than what was originally anticipated, but they would try and make it work. Commissioner Finerty asked if Mr. Drell could add something regarding the regional park. Mr. Drell clarified on the neighborhood park that they got an engineer's estimate on the park and the decision was whether to go to bid or to pare it down. The decision was to go ahead and pay for what we want. Regarding the regional park, there would be a tract map going to Planning Commission in the next three or four months for the 120 acres east of the Country Club industrial office park. Between that and Regency Palms on the north side of Country Club across from the Resorter. It was being shown as a 27 acre park site, part of which was dedication, retention area and land to be purchased. There was also discussion of an elementary school site on the property. The rest was being proposed as 8,000 square foot minimum sized residential lots all the way back to the freeway. Chairperson Jonathan asked what kinds of amenities the regional park would contain. Mr. Drell thought it � would probably contain some softball/baseball fields, maybe more of the multi use aspect of it like the Civic Center, tennis courts, soccer fields, 9 MINUTES PALM DESERT PLANNING COMMISSION MAY 18, 1999 � basketball, etc. Commissioner Lopez asked for clarification that the park would be in addition to the homes or one or the other. Mr. Drell said it was 120 acres so approximately 30 acres would be elementary school/park site and 90 acres for the homes. He noted that it would require a change of zone. It was zoned R-1 12,000 right now. Chairperson Jonathan asked what was wrong with that zone. Mr. Drell said that the city was in a position to negotiate on the value of the property. Commissioner Beaty asked Commissioner Finerty what the discussion was about the stop signs at Kansas and Hovley Lane. Commissioner Finerty indicated it was being said that there was too much signage in the street and everyone got confused and also presented a problem for those coming out of the Resorter. They agreed if they were to move the stop sign back behind the exit entrance to the Resorter that would allow them to get out easier. They also talked about putting in an access lane in the center. Mr. Drell said it was kind of a channelization lane so left turns out of the Resorter would be channeled into the center lane and would not conflict with right turns out of Kansas. Commissioner Beaty said he has heard lots of snide comments about ,,,�i those signs and he applauded the action because he has gotten stuck getting out of Kansas there and something had to be done. Commissioner Finerty said they were also planning to put a signal at Hovley and Warner Trail which would also help. E. PALM DESERT/RANCHO MIRAGE MONTEREY AVENUE CORRIDOR PLANNING WORK GROUP - (No meeting) F. ZONING ORDINANCE REVIEW COMMITTEE - (April 28, 1999) Commissioner Campbell noted that they discussed RV permits and currently the screening requirement included a six foot fence, but they knew that didn't screen any of the RVS. Also, Member Benson felt that once a permit was obtained, it shouldn't run with the land. If the property was sold, the new buyer would need to get a permit if they had an RV. This would discourage having storage in front of the home. Mr. Drell noted that a revised ordinance was adopted by Council and it was essentially the same as the current ordinance with the exception that it removed the misleading inference that if there was six feet of screening they could screen a 10 foot RV. The screening provision was a subjective decision dealt on a case by case basis by the ARC as purely '� 10 MINUTES PALM DESERT PLANNING COMMISSION MAY 18, 1999 � a design issue and the Planning Commission had been removed from the process. Therefore if there was an appeal of the ARC decision, it would go directly to the City Council since it was a design issue, not a land use/planning issue. By removing the six foot definition it would make it clear and the vast majority of the current RVs in front yards would not be able to comply and it would make it clearer and the process quicker, although in reality it was no more friendly to RV owners. Commissioner Campbell noted that besides disallowing RV storage in the front was a consensus to allow storage on the side yards but the height could not exceed six feet. Mr. Drell indicated that was not adopted as part of the ordinance. Commissioner Campbell indicated it was a consensus of the committee to do that. Mr. Drell said that the Council created a separate RV review committee which was quite divided but did vote to basically stick with the current standards with the clarifications relative to the six feet. XI. COMMENTS w�. None. XII. ADJOURNMENT It was moved by Commissioner Lopez, seconded by Commissioner Finerty, adjourning the meeting by minute motion. Motion carried 5-0. The meeting was adjourned at 7:37 p.m. r. y......�r� PHILIP DRELC� Secretary ATTEST: SABBY JONATH N, Chairperson Palm Desert Planning Commission � /tm 11