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HomeMy WebLinkAbout1977/11/09 - MINUTES PLANNING COMMISSION MEETING MINUTES Council Chamber, City Hall November 9, 1977 1 :30 p.m. ROLL CALL Present Present Excused Absences Planning Commission This Meeting to Date to Date Vyola Ortner, Chairman x 29 5 Carrie Allan x 18 3 Stephen Chase x 27 6 Sig Ehrens x 30 3 Michael Harris x 18 2 Larry Lapham x 33 0 Robert Ostertag x 2 0 Staff Present John Mangione, Planning Director Marvin D. Roos, Senior Planner Mary Isenberg, Recording Secretary Architectural Advisory Committee - November 7, 1977 John Miller, Chairman Sig Ehrens Richard A. Harrison Hugh Kaptur Earl J. Neel Lazlo Sandor Chairman called the meeting to order at 1 :30 p.m. Approval of Minutes The Planning Commission minutes of October 26, 1977, draft distributed, were approved as corrected. Correction: The following statement by Commissioner Ostertag was added on Page 5 (re: Palm Springs Youth Center) : "In the event of area flooding a pottial hazard as an attractive nuisance will exist in close proximity to the Center. " November 9, 1977 PLANNING COMMISSION MEETING MINUTES Page 1 PUBLIC HEARINGS `..� CASE 6.298 (Variance) - Application by COASTAL CONSTRUCTION CO. (El Dorado Homes, Phase II) for a variance from density requirements on project located on the southeast corner of Mariscal Road and Via del Norte, R-G-A (6) Zone, Section 3. Planning Director stated that this item had been continued from the Octo- ber 12 meeting. At that particular meeting upon request from a representa- tive of the homeowners of the constructed part of this total project area and a letter from the developer of the proposed Phase II, the Planning Commission continued this item for 30 days, in order to allow the developer to meet with members of the homeowners' association of Phase I to discuss changes and to offer some alternatives to the development that was proposed. Planning Director then read the staff report aloud since there were new per- sons in the audience and to refresh the memories of the Commissioners. He stated that building permits for the existing 52 units were issued in July of 1973, and that the last of those units received final approval on October 1 , 1974. No new construction has taken place on this project since that date. Planning Director stated further that subsequent to the issuance of the permits, zoning was changed from R-2 to R-G-A (6). This zone change was part of extensive zone changes that were made throughout the City in re- sponse to a state mandate in order to make the zoning consistent with the General Plan Land Use Element. Planning Director stated that the Planning staff in reviewing this project contends that since construction of Phase I was completed in 1974 and since that time no further construction has taken place, that any grandfathered rights that were previously honored have long since expired. He stated that staff has recommended to the applicant that he apply for a variance based on the ability to show hardship if the developers are not allowed to com- plete this project as originally planned. Based on the fact that this is a rather isolated case, staff does not feel strongly one way or the other in terms of the recommendation; however, correspondence has been received as a result of notification of property owners in the 400 foot surrounding area, objecting to the project. Planning Director stated that if the project is allowed to be built as ori- ginally planned, an additional 48 units would be constructed, bringing the number of units in the total project to 100. If the variance is denied., the applicant, based on the existing zoning, would then be allowed to con- struct an additional 19 units bringing the total up to 71 . Planning Director then circulated correspondence received from the October 12, meeting and described the project on the wall aerial map. He stated that staff has received a proposed alternate to the existing plan on the property. The alternate showed certain buildings removed, expansion of the recreational building, a Jacuzzi, and the addition of a large swimming pool . Another alteration is the shifting south of one of the units, with that space being converted to parking. The two tennis courts that were approved under a Conditional Use Permit have been built. A tennis practice alley and a pad- dle tennis court would be added in Phase II. November 9, 1977 PLANNING COMMISSION MEETING MINUTES Page 2 PUBLIC HEARINGS (Continued) CASE 6.298 (Continued) Planning Director stated further that the previous plan indicated a total of 12 buildings with 48 units and 6 parking spaces (1 1/2 parking spaces per unit) plus an additional 8 spaces. On the revised plan there are 1 1/2 parking spaces per unit for these 44 units plus there are an additional 20 off-site parking spaces including the new lot area. Planning Director stated that staff has received 13 letters and 3 copies of a petition in opposition to this project. The consensus of these are as follows: 1 . The homeowners' opposition was based on the fact that on the ori- ginally proposed plan, there would be a crowded swimming pool condition. 2. Parking problems exist now and would be even worse with the addi- tion of new units. 3. There is a need for existing parking to be made before new units are added. 4. There are unhappy feelings for the present owners. 5. The homeowners feel that the present good addition would be turned into a bad one. 6. Additional noise and air pollution would occur. 7. There would be overcrowded tennis court conditions. 8. The existing area would be devalued. Planning Director stated that the staff recommendation is not a strong recommendation. It is staff's feeling that it is up to the developer to establish grounds for hardship. Chairman then declared the hearing open. James Loyd Rogers, an attorney and homeowner, then spoke in favor, stating that he was the chairman of a committee of property owners, which committee represents more than 1/2 of the owners in present existing Phase I. The committee and the developer have worked out an agreement which is equitable according to Mr. Rogers and the homeowners are now registering support for the proposed project. Roger Himovitz, the applicant and developer, stated that the problems have been solved and that he would be glad to answer any questions. November 9, 1977 PLANNING COMMISSION MEETING MINUTES Page 3 PUBLIC HEARINGS (Continued) CASE 6.298 (Continued) Ray Peavo, a new homeowner in the project, then spoke in favor and asked if the persons now in favor were those originally opposed. Mr. Rogers stated that at least 17 or 18 of the original 19 objecting homeowners have now agreed to the revised plan, and in addition a number of persons who were concerned but had not filed letters have also given the power of attorney to the committee. Mr. Peavo then stated that he believed that the new proposal for these units will be of benefit to the City and also to the existing project, and that he was in favor of the new project. Since there were no further appearances, the hearing was closed. Commission Harris stated that the homeowners that were originally opposed were no longer opposed; however, the commission was being asked to grant a variance based on hardship, and that he had heard nothing regarding that hardship from the applicant. Chairman then asked staff to explain the hardship. Planning Director stated that he was not championing the applicant, but that the hardship was that the project was originally designed to function as a 100 unit project, and it is now a 96 unit project, and that expense has been incurred in new improvement drawings, etc. ; that the condominium rules and regulations and charges are based on the remainder of the pro- ject being built out and these would have to be altered. Commissioner Ehrens asked if there had been an application for a building permit for this project since 1974, and Planning Director stated that no application had been received. Motion was made by Ehrens, seconded by Ostertag for denial of the applica- tion for the variance. The vote was as follows: Ayes - Ostertag, Harris, Ehrens; Noes - Allan, Chase, Lapham, and Ortner. The motion for denial failed. Motion. was made by Lapham, seconded by Allan, and unanimously carried that this item be continued to the November 23 Planning Commission meeting for Commission to receive additional information from the applicants, and so that the hastily revised plan can be studied further by the Architectural Advisory Committee for review by the Planning Commission at that time. November 9, 1977 PLANNING COMMISSION MEETING MINUTES Page 4 PUBLIC HEARINGS (Continued) CASE:5.0003-CUP - Application by RICHARD A. HARRISON for Conditional Use Permit to construct nightclub cabaret on the east side of N. Palm Canyon Drive between Via Escuela and Vista Chino, C-1 and R-3 Zones, Section 3. Commission response to written comments on draft Negative Declaration and action for filing. No comments were received. Planning Director read the revised staff report regarding this item, sta- ting that nightclubs are required to have a Conditional . Use Permit in a C-1 Zone if there is no restaurant. Planning Director stated further that the item was on the agenda last spring and was continued because the General Plan of the City indicated that the North Palm Canyon crossover affected this property. The item was continued so that the City could hold .General Plan hearings as to whether or not it should purchase the property to effectuate that General Plan provision or to amend the General Plan and remove that crossover. Planning Director stated further that hearings were held and Commission recommended that the crossover remain on the General Plan (as also recom- mended by the DDAC) ; however, the City Council amended the General Plan and removed that street as a crossover. Planning Director stated that this Conditional Use Permit application had been renoticed and was now being brought back for action by the Planning Commission. Planning Director then stated that staff recommended approval of the ap- plication subject to recommendations of the Development Committee, with the exception of deletion of requirements pertaining to the recently de- leted crossover and subject to the recommendations of the Architectural Advisory Committee as follows: Submission of detailed landscape, irriga- tion, exterior lighting, and signing plans. Leo Pocter, from Chicago, spoke in favor stating that he was the owner of the property north of the project and was in favor of the project. Richard A. Harrison, 577 Sunny Dunes Road, then spoke in favor stating that there were two points of the .Development Committee that he was in dis- agreement with as follows: 1 . On Indian Avenue the Development Committee recommended that the side- walk go from the curb to the property line which gives a 12 foot sidewalk. In an R-3 zone the required sidewalk is 8 feet and Billy Reed's restaurant to the south has 8 foot sidewalks. Mr. Har- rison felt that the 8 foot sidewalk should. be continued instead of building the 12 foot sidewalk. 2. On North Palm Canyon, the committee's recommendation was that the street be increased to 38 feet. The existing curb and sidewalk are 32 feet. Mr. Harrison felt that the 32 foot width should remain. November 9, 1977 PLANNING COMMISSION MEETING MINUTES Page 5 PUBLIC HEARINGS (Continued) CASE 5.0003 (Continued) Planning Director stated that staff would not be opposed to those altera- tions in the Development Committee minutes in order to match existing improvements in that area. Since there were no further appearances, the hearing was declared closed. Motion was made by Chase, seconded by Lapham, and unanimously carried approving this application subject to conditions of the Development Com- mittee (except for the above noted recommendations) and conditions of the Architectural Advisory Committee. CASE 5.0033-CUP - Application by CAIN DEVELOPMENT CORPORATION & C. G. DUNHAM for a Conditional Use Permit to construct a complex of single story condominium units on the north side of Mesquite between Cerritos Road (extended) & Sunrise Way, R-1-C & W-R-1-C Zones, Section 24. The following was received from the Tribal Council ; "The Tribal Council and Indian Planning Commission have been advised that the above matter must necessarily be -rescheduled for hearing by reason of errors in the prior notification procedure. The Tribal Council has no objection to the subject case being taken off calendar pending rescheduling." Planning Director stated that this item had been continued because the developer had not included the northerly portion of the property in the description sent to the title company. For that reason staff has no alternative but to renotice (which has been done) and continue this item to the November 23, 1977 meeting. PUBLIC COMMENTS There were no public comments. ENVIRONMENTAL ASSESSMENT ITEMS - CONSENT AGENDA Environmental evaluation reports were received by the Commissioners for their review and study prior to the Planning Commission meeting. Further review may be dispensed with and all items approved by motion. Motion was made by Allan, seconded by Harris, and carried (Chase abstaining on Tentative Parcel Map 11408) that a Negative Declaration be declared on the basis of no significant impact or subject to mitigation measures being added to the project to avoid or reduce the impacts to an insignificant level and that Commission direct the preparation of a draft Negative Declaration in conjunction with the following cases: November 9, 1977 PLANNING COMMISSION MEETING MINUTES Page 6 ENVIRONMENTAL ASSESSMENT ITEMS (Continued) CASE 6.299 (Variance) - Environmental assessment on request by W. FOSTER for approval of a variance to allow the creation of two residential lots in the R-1-A Zone comprising 18,000 and '15,000 square feet, identified as Lots 3 and 4 on Tentative Parcel Map 11147, R-I-A Zone, Section 15, CASE 3.018 - Environmental assessment on -request by J. F. TEMPLE CONSTRUCTION for residential condominium project 256 units-2 story on 16 acres located between Waverly Drive and Highway 111 , Golf Club Drive, and Broadmoor Drive, R-3 Zone, Section 29. CASE 5.0039 (General Plan Amendment) - Initiation by the CITY OF PALM SPRINGS to consider amendments to the Land Use Element of the General Plan for property located on the northwest corner of Cherokee Way and East Palm Canyon Drive and for property on the southeast corner of Vista Chino and Bogie Road. The following was received from the Tribal Council : "The Tribal Council , in accordance with recommendations of the Indian Planning Commission, recommends the acceptance of a Negative Impact report regarding the proposed amendment at the Cherokee Way and East Palm Canyon Drive location. Use of the latter site for commercial purposes has long been supported by the Tribal Council , as witnessed, by its comments to the City on October 25, 1977, re: Item No. 4 of City Planning Com- mission agenda for October 26, 1977 " TENTATIVE PARCEL MAP 11408 - Environmental assessment on request by HALLMARK ENGINEERING, INC. for CDM, Limited, for approval of Tentative Parcel Map 11408 located on S. Palm Canyon Drive and Cantina Way, R-1-A and R-2 Zones, Section 27. TENTATIVE TRACT MAP 7428 - Environmental assessment on request by WEBB ENGINEERING, INC. representing R. C. Ellis-for approval of Tentative Tract Map 7428 (revised) dividing one 53+ acre parcel into five, R-TP and 0-20 Zones, Section 30. The following was received from the Tribal Council : "The Tribal Council , in accordance with recommendations of the Indian Planning Commission, recommends the acceptance of a Negative Impact �,... report." * * * * * * * * * * * * * * November 9, 1977 PLANNING COMMISSION MEETING MINUTES Page 7 TENTATIVE TRACT AND PARCEL MAPS Planning Director reviewed and.explained the map, and the Planning Com- mission discussed and took action on the following Tentative Tract Map based on the finding that the proposed subdivision, together with the provisions for design and improvement is consistent with the General Plan of the City of Palm Springs and will not have a significant adverse effect on the environment, and subject to conditions as outlined. TENTATIVE TRACT MAP 11302 - Request by HALLMARK ENGINEERING, INC. for J. Barbera for approval of Tentative Tract Map 11302 on property bounded by Camino del Norte and Camino del Mirasol , R-1-A Zone, Section 10. Motion was made by Ehrens, seconded by Chase, and unanimously carried recommending approval of Tentative Tract Map 11302 subject to conditions of the Development Committee. November 9, 1977 PLANNING COMMISSION MEETING MINUTES Page 8 ARCHITECTURAL APPROVAL ITEMS The Planning Commission reviewed plans, discussed and took action on the following items involving architectural approval , subject to the conditions as outlined. CASE '2.573 - Application by JAMES F. TEMPLE for architectural approval of carport cover at Palm Springs Golf and Tennis Club, 5300 Waverly Drive, Building F, R-3 Zone, Section 29. Motion was made by Ehrens, seconded by La ham, and unanimously carried approving this application subject to the following conditions: 1 . That the metal roof be dropped below the top of the block wall . 2. That a new landscape plan be submitted for the area in question to include a series of garden walls in the same block material as the carport. * * * * * * * * * * * * CASE 3.017 - Application by SHAPELL GOVERNMENT HOUSING, INC for architectural approval of 44-unit family housing complex with recreation building of 1 ,500 sq. ft. on 3.1 acres at southwest corner of Indian Avenue and Simms Road, R-2 Zone, Section 2. Motion was made by Chase, seconded by Harris, and unanimously carried approving this application subject to the following conditions: 1 . That the carport plans be resubmitted for review. 2. That detailed colors and materials be submitted. 3. That detailed landscape, exterior lighting, and irrigation plans be submitted. CASE 3.021 - Application by MAYNARD DUPRE HOUSTON for Joseph Tourtelot for architectural approval of single family residence with swimming pool on Fern Canyon Drive, R-1-C Zone, Section 24. Motion was made by Ehrens, seconded by Chase, and unanimously carried approving this application subject to the following condition: 1 . That detailed landscape plans be submitted. NOTE: The. Committee expressed concern regarding the ability of the land- scaping to screen the proposed radio antenna. November 9, 1977 PLANNING. COMMISSION MEETING MINUTES page 9 ARCHITECTURAL APPROVAL ITEMS (Continued) CASE 3.023 —Application by BRATSKELLAR'S, INC. (Josephina's Restaurant) for Artdan Corporation for architectural approval of remodel of ex- terior of restaurant (Mawby's), C-3 Zone, Section 14. Motion was made by Chase, seconded by Allan, and unanimously carried approving the window and canopy treatment, but felt that a new design should be submitted for the facia and porte couchere design. The Committee also recommended as follows: 1 . That specific colors be submitted. 2. That a specific sign program be submitted. 3. That new landscape and irrigation plans be submitted. CASE 2.950 - Application by ANDY JESSUP for architectural approval of land- scape plans for a hillside residence, 599 Fern Canyon, R-1-A Zone, Section 22. Motion was made by Chase, seconded by Allan, and unanimously carried approving this application as submitted. CASE 3.028 - Application by STEPHEN CHASE for architectural approval of a tennis court at 478 Camino del Sur, R-1-A Zone, Section 10. Motion was made by Lapham, seconded by Ehrens, and carried (Chase abstain- ing) approving this application as submitted. . CASE 3.030 - Application by SUNTIME CORPORATION for architectural approval of a single family detached home on North Sunrise Way, R-1-C Zone, Section 1 . Motion was made by Allan, seconded by Harris, and unanimously carried approving this application subject to the following conditions; 1 . That the roof material be resubmitted. 2. That specific colors and materials be submitted. The AAC reviewed the landscape plan and recommended approval subject to the changes shown on the plan as follows: 1 . Substitute Aleppo pines for the proposed Pinus Radiata. 2. Increase the 15 gallon olive to 24" box olive. 3. Substitue plain pea gravel for the beige river-washed gravel . November 9, 1977 PLANNING COMMISSION MEETING MINUTES Page 10 ARCHITECTURAL APPROVAL ITEMS (.Continued) . CASE 3.030 (Continued) 4. Increase the eucalyptus from 5 gallon to 15 gallon size. 5. Increase the side setback to 10 feet 'minimum as required by the zoning ordinance. SIGN APPLICATION - Application by ROBERT ANDERSON (Combs-Gates Aviation) for approval of sign at _210 N. E1 Cielo. Notwithstanding the recommendation for approval as recommended by the AAC motion was made by Chase, seconded by Allan, and unanimously carried . denying the sign application. MISCELLANEOUS CASE 5.0035-CUP - Application by 7TH DAY ADVENTIST CHURCH for architectural approval of addition to the church at 620 Sunrise Way, R-1-C Zone, Section 24. This item was removed from the agenda. CASE 2.993 APPEAL - Appeal of Planning Commission action for restudy of appli- cation by D & B BUILDERS CO. , INC. for architectural approval of revised elevations and site plans for a 33-unit apartment complex, 750 Murray Canyon Drive, R-2 Zone, Section 35. Motion was made by Lapham, seconded by Allan and unanimously carried to return this project to the Architectural Advisory Committee with the following recommendations: 1 . The possibility of removing one or two units should be considered. 2. The possibility of re-orienting the middle building to break up the pattern should be explored. 3. The possibility of making corridors from the golf course into the project on both sides should be explored. NOTE: The Planning Commission met at this site at 1 :00 p.m. on November 9, 1977. November 9, 1977 PLANNING COMMISSION MEETING MINUTES Page 11 ITEMS FOR RESTUDY The following items were removed from the Planning Commission agenda pending restudy. Applications will be rescheduled for hearing only after revised submittals have been processed. CASE 3.020 - Application by L. LAPHAM for Eli Birer for architectural approval of custom single family dwelling at 2421 Cahuilla Hills Drive, R-1-C Zone, Section 27. CASE 3.022 - Application by JOSEPH L. BAUER for John Primiano (Prime Homes) for architectural approval of 4-plex apartment unit with pool at 2230 Junipero Avenue, R-2 Zone, Section 3. CASE 3.024 - Application by TED EICHELBERGER for architectural approval of commercial/industrial building on Commercial Road, north of Alejo Road, M-1-P Zone, Section 12. * * * * * * * * * * * * * * CASE 3.029 - Application by CHARLES HAVER & ASSOCIATES for Mildred L. Patencio for architectural approval of six lots on north side of Vista Chino, eas- terly of Hermosa (Tentative Tract Map 10594), R-1-C Zone, Section 2. SIGN APPLICATION - Application by J DAPELLO for Downtown Patio for approval of sign at 354 N. Palm Canyon Drive. * * * * * * * * * * * * * * COMMISSION REQUESTS STUDY SESSION - Commission set the date of November 23, 1977 at 12:30 p.m. to . meet with the City Attorney in a study session regarding the legalities of serving as a Planning Commissioner. Staff is to notify Commissioners regarding the place of the meeting. COMMISSION requested staff to relay the information to the City Attorney's office that Commission would like someone from that office in attendance at Com- mission meetings. COMMISSION requested staff to draft an ordinance in regard to the restudy period o items wKl'ch have been urne own severa Imes a eArchitectural Advisory Committee level . November 9, 1977 PLANNING COMMISSION MEETING MINUTES Page 12 COMMISSION REQUESTS (Continued) COMMISSION requested staff to draft an ordinance for the requirements of com- pletion of a building. There being no further business, Chairman adjourned the meeting at 3:45 p.m. PLANNING DIREC R JAM/mi