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HomeMy WebLinkAbout1983/04/27 - MINUTES PLANNING COMMISSION MEETING MINUTES Council Chamber, City Hall April 27, 1983 1:30 p.m. ROLL CALL F-Y 1982 - 1983 Present Present Excused Absences Planning Commission This Meeting to Date to date Richard Service, Chairman X 18 1 Hugh Curtis X 19 0 Darel Harris X 17 2 Hugh Kaptur X 17 2 Peter Koetting X 17 2 Don Lawrence X 17 2 Paul Madsen - 16 3 Staff Present John A. Mangione, Director of Community Development Marvin D. Roos, Planning Director Siegfried Siefkes, Assistant City Attorney Allen Smoot, Building & Safety Director Dave Forcucci , Zoning Enforcement Officer II John Terell , Housing & Redevelopment Specialist Brian Mayhew, Operations Analyst Douglas Evans, Planner III . Robert Green, Planner II Stephen Graham, Planner III Jean Ferrian, Administrative Intern Mary Isenberg, Recording Secretary Architectural Advisory Committee Present - April 25, 1983 Larry Lapham, Chairman James Cioffi Chris Mills David Hamilton William Johnson, Alternate Hugh Curtis Earl Neel Peter Koetting Chairman called the meeting to order at 1:30 p.m. M/S/C (Lawrence/Harris; Madsen absent) approving minutes of the April 13 meeting as submitted. April 27, 1983 PLANNING COMMISSION MINUTES Page 2 • ADMINISTRATIVE NOTE Chairman explained the public hearing process. Chairman directed staff to prepare a resolution commending the Planning Division secretarial staff for their efforts on behalf of the Commission in recognition of National Secretary' s Week. PUBLIC NEARING ITEMS CASE 5.0251-CZ. Application by R. C. ELLIS for a change of zone from 0-20 to R-1-A on property on the southerly extension of Cherokee Way, south of Mathew Drive, 0-20 Zone (I .L.) , Section 30. (Ref. TPM 18627) Recommendation: That the Planning Commission deny the application for a zone change. Planning Director stated that the item had been continued from the April 13 meeting for the Commission to review the site in the field; and that staff recommendation would remain for denial . He then read the extensive Tribal Council comments and stated that staff had requested geological information from the applicant but had never received any; and that if the Commission wished to consider the application, it should take action on preparation of an Environmental Impact Report (EIR) or a • focused EIR. Discussion followed on services provided to the site including cable TV; and background of the case with respect to Council approval of a map and variance in 1977 to attempt to legalize the illegal grading and padding of the site. Planning Director stated that the applicant was unable to comply with a City condition requiring dedication of land to the City because of the Indian lease; that if the Commission wished to approve the application, a condition on dedication can be required again and if the applicant cannot comply, he would be restricted to one-unit per 20 acres; and that the applicant would have to be asked whether or not the leasing provisions were still an obstacle to dedicating the development rights of the remainder of the property. Chairman declared the hearing open. A. Perrier, attorney representing the applicant, gave a history of the application; asked for approval contingent upon ceding any development rights to the City for the remainder of the land; stated that he had not received a request for geological information; that he had not realized that his remarks at the last meeting were intimidating; that he was trying to avoid a controversy with the Tribal Council on hillside development; requested approval of that which was approved in 1977; stated that the sites were not visible; that the utilities on site will accommodate the proposal ; and recommended a change in the General Plan and zoning. • There being no further appearances, the hearing was closed. M/S (Kaptur/Lawrence; Madsen absent) that the zoning on the three lots be changed to R-1-A with the fourth lot to remain 0-20; that the General Plan be amended; and that an EIR be prepared. April 27, 1983 PLANNING COMMISSION MINUTES Page 3 CASE 5.0251-CZ (Cont' d.) Discussion followed on the scope of the motion. Commissioner Koetting stated that the grading had been done illegally and approval might set a precedent since persons may do illegal site work and wait until a propitious time for requesting approval . Commissioner Kaptur stated that he felt that staff and City requirements would control any situation; that the proposal will not affect the City; and that the Commission would be using its discretionary rights by approving the application. Discussion on lot sizes, geology of the site, demarkation line representing the toe of the mountain, the highest and best use of the land, environmental concerns, preservation of the hillside, and Council concern relative to hillside development ensued. Planning Director stated in clarification, that the motion was for approval of a zone change to R-1-A on three lots and 0-20 on the remaining acreage. The vote was as follows: AYES: Kaptur, Lawrence NOES: Curtis, Harris, Koetting, Service ABSENT: Madsen • The motion failed. M/S/C (Harris/Curtis; Madsen absent) denying the change of zone application and parcel map based on the following findings: 1. That the development does not conform to the General Plan Map or Report. 2. That the development does not conform to the City's standards for access and servicing. Evidence has yet to be supplied to verify via a soils report, that the pads are sufficiently stable to support construction. The City has no evidence from the developer to confirm that flood and/or nuisance waters will not cause erosion, damage or nuisance downstream of the improvements proposed and/or required by this development. Grading has been undertaking which has caused benching of the land. This is not in accordance with the policy recommendation of the General Plan. 3. That the applicant has supplied no evidence to confirm that the area is geologically stable. Details of drainage facilities required by Riverside County Flood Control have not been supplied. Details of the physical appearance of these facilities should be reviewed by the AAC and Planning Commission prior to approval of the zone change. • 4. That the application, if approved would constitute the piecemeal intrusion of residential development into the 0-20 Zone (at a higher density than allowed by the Ordinance) and would represent an undesirable precedent for the development of conservation designated land and hillside in the City. April 27, 1983 PLANNING COMMISSION MINUTES Page 4 CASE 5.0251-CZ (Cont'd.) • 5. That approval would be contrary to the present Council ' s Resolution to deny development in the 0-20 Zone. Tribal Council comments: "This case was considered by the Tribal Council at its meeting of April 12, 1983. After review of the Planning Commission Meeting Minutes of April 13, 1983, and after consideration of the recommendations of the Indian Planning Commission, the Tribal Council took the following actions: 1 . Reiterated its comments and actions of April 13 which were as follows: 'A site survey of the general area indicates that the subject property is in a transitional zone with respect to terrain characteristics. Although somewhat elevated above the desert floor, the easterly portion of the subject property does not have the characteristics of the steep hillsides of the Palm Hills Area immediately to the south. The grading and road improvements now existing on the property do not appear to have created the adverse visual impacts that were envisioned in the Palm Hills General Plan Text. • After consideration of the recommendations of the Indian Planning Commission, the Tribal Council took the following action: a. Noted that the concerns expressed by Staff with respect to substandard access and servicing, lack of information related to drainage and geology, possible impacts on adjacent properties, etc. , should be addressed in an Environmental Assessment/Initial Study. That document did not accompany the Staff Report received by the Tribal Planning Consultant. b. In view of terrain characteristics of the subject property, the apparent lack of adverse visual impacts due to the existing grading and road improvements, and the lack of an Environmental Assessment/Initial Study, the Tribal Council questioned the basis for Staff's recommendation that the zone change be denied. C. In order to fully analyze the preposed change of zone, including its consistency with the meaning and intent of the City General Plan and the possible environmental impacts on the project, the Tribal Council requested that action on this case be continued pending the preparation and review of an Environmental Assessment/Initial Study. ' 2. The Tribal Council expressed its feeling that the issue in this case is a land use matter and not a question of illegal grading, • and emphasized its previous recommendation that the questions/issues that have been raised with respect to: a. The consistency of the requested zoning with the intent of the City' s General Plan and with area development, April 27, 1983 PLANNING COMMISSION MINUTES Page 5 CASE 5.0251-CZ (Cont' d.) • b. The possible environmental impacts of the project, and C. The justification for a change of zone, based on the criteria outlined in the Zoning Ordinance, should be addressed in the Environmental Assessment/Initial Study that would normally be prepared for similar cases." CASE 5.0259-CUP. Application by M. BUCCINO for Investor' s Real Estate for a conditional use permit to operate a private club within a condominium complex on the northeast corner of Amado Road/Avenida Caballeros, R-G-A(8) Zone (I .L.) , Section 14. (Previously given Environmental Assessment in conjunction with Case 3.101; tentative approval . ) Chairman left the meeting; Vice-Chairman presided. Recommendation: That the Planning Commission approve the application subject to conditions. Planning Director gave a brief history of the La Mancha project and stated that staff condition No. 5 would be revised to read as follows: • "5. That the existence of the private club be indicated on an amend- ment to Tentative Tract Map 17430." He stated also that the "Note" on condition No. 6 will be deleted; that a new condition (No. 7) will be added as follows: „7. That a CUP is not in force until the amended tract map is approved by the City;" and that the Engineering Division recommends that all street improvements be constructed immediately. He stated that membership in the proposed club is by invitation only. (Chairman returned to the meeting at this point. ) Discussion followed on a method of apprising prospective buyers about the private club and the possible parking problems that might occur when non-homeowners with membership in the club use the facilities. Commissioner Lawrence suggested that the existence of a private club be placed in the C.C. & R. ' s as a vehicle for enforcement. Further discussion ensued on controls on parking if the project were sold. Chairman stated that he felt that the project should meet requirements for the number of units plus the additional membership to prevent over-parking on Avenida Caballeros. Commission consensus was that the applicant should be present to answer • questions; and that there was concern regarding parking revisions and apprisal of prospective buyers of the private club. Planning Director stated that the CUP could be reviewed if parking problems arose. April 27, 1983 PLANNING COMMISSION MINUTES Page 6 CASE 5.0259-CUP (Cont'd.) M/S/C (Harris/Kaptur; Madsen absent) continuing the application to the May 11 meeting for the applicant to be present to answer questions . At the request of Commission, Planning Director stated that he would contact the applicant for an onsite visit by the Commission to the existing facility. Tribal Council comments: "It was noted that the proposed private club is a permitted use in the existing R-G-A(8) Zone, subject to the approval of a Conditional Use Permit. After consideration of the recommendations of the Indian Planning Commission, the Tribal Council concurred with the findings outlined in Planning Commission Staff Report dated April 27, 1983, and approved the granting of a Conditional Use Permit subject to the conditions set forth therein, with the following exception: a. Condition No. 3 was deleted. Inquiries to the City Staff did not identify the relevance of this condition to the granting of the CUP, nor the extent of the impact that was referenced in the attached memorandum from the Engineering Division. It must be presumed that the City obtained appropriate security covering the completion of the off-site improvements referenced in that memo." CASE 5.0264-CZ. Application by D. TROUPE-BIGELOW for change of zone from R-G-A(6) to C-1 on Racquet Club Road between North Palm Canyon Drive/ Zanjero Road, R-G-A(6) Zone, Section 3. Recommendation: That the Planning Commission deny the application for a change of zone. Planning Director cited examples of similar requests which had been denied by the Commission and one request which had been approved but which was consistent with the General Plan. He stated that there are areas in Palm Springs in which shopping centers abut single family residential zones and described the proximity of the subject application to existing and proposed shopping centers. Chairman declared the hearing open. A. Perrier, representing the applicant, gave a brief history of the application and stated that the General Plan was commercial for the strip along Palm Canyon and residential for the remainder which is now two shopping centers; that there was an assessment district for the area on the Council agenda which, if approved, would cost $25,000 for the Bigelow property; that when future improvements are constructed, the curb will be six feet from the garage entrance and nine to ten feet from the front of the house with a shopping center building within 30-feet of the applicant' s property, thus making the home uninhabitable; and summarized by stating that the property was commercial , even though it is still zoned R-G-A(6) . April 27, 1983 PLANNING COMMISSION MINUTES Page 7 CASE 5.0264-CZ (Cont' d. ) C. Nichols, 899 North Palm Canyon, spoke in favor of the zone change stating that the residence is squeezed by the development of the City; that there are many uses allowed for R-G-A land if the parcel is over two acres; that the subject parcel is under two acres; that the property has diminished in value; and that the property will be impacted by traffic. W. Coble, 1445 North Sunrise Way, spoke in favor stating that the traffic will be at the front door of the residence; that a restaurant is interested in purchasing the home for restaurant use; that it would be unfair not to approve the zone change; and that in the past, a group had requested commercial zoning on the Westar property but the request had not been approved. J. Spittoro, adjoining property owner, expressed concern about the effect of the street widening on his home and the adjoining church; stated that he was not opposed to commercial zoning; and that he thought the City would pay for the improvements on Racquet Club Road, not the property owners . Chairman explained the distance from the curb to the garage and house to Mr. Spittoro. J. Kelly, representing Lila Kelly - owner of Lot 5 , spoke in favor of • the change of zone. D. Troupe-Bigelow, the applicant, stated that she felt that the zone change was necessary because the curb is very close and endangers the resident; that commercial zoning would be more appropriate for the highest and best use of the land; that she had owned the home for ten years; and that she could not answer the questioi )f how far to extend strip zoning, but that Zanjero Road is an excell =_nt tuffer between the projects on Racquet Club Road and Cortez. C. Nichols stated that there was a buffer on Zanjero Road and presented a letter with his remark on the case to the Commission. There being no further appearances, the hearing was closed. Planning Director stated that the General Plan on Palm Canyon frontage to the City limit line is high density residential to allow hotel development; that the text of the Tramway General Plan states that due to the unusual configuration of the lots along Palm Canyon Drive, commercial uses should be encouraged to be compatible with the hotel economy; that the owner of Lot 6 had not appeared at the meeting; that the distance of the curb to the garage is not relevant to the discussion on the change of zone since R-G-A(6) allows other uses on the property with proper setbacks and parking; that the property is nonconforming as to development standards, but are not subject to abatement; that the intent of the assessment district is to try to improve Racquet Club . Road; that the subject property had not given dedication to the City and has enjoyed access with no improvements for the life of the property; that if the assessment district fails, Westar will be required to fund the street improvement costs; and that the lots would be required to be combined to reach the 20,000 sq. ft. minimum standard. April 27, 1983 PLANNING COMMISSION MINUTES Page 8 CASE 5.0264-CZ (Cont'd.) Chairman explained that the property has had ten years to raise itself to a higher and better use. Commissioner Kaptur stated that he did not agree that the proposal was spot zoning because the planned development districts across the street and west of the property have affected it; and suggested R-3 Zoning. Director of Community Development stated that R-3 Zoning allows restaurant uses under a conditional use permit. Assistant City Attorney stated that garden apartments are permitted in R-G-A(6) Zones by right of zone. Planning Director stated that rezoning of Lot 6 would not affect Lot 11 . Chairman stated that the conditions of approval of PD-113 allowed buildings to buffer north and east properties and that the parking allowed by the PD has less impact than that allowed by right of zone. Planning Director stated that Building "B" on the Westar project on the north side of Racquet Club Road has been lowered in height thus reducing its impact. He explained that if the Commission wishes to pursue the zone change in a positive manner, it should be continued pending a General Plan amendment. Discussion followed on the type of zoning that would be appropriate for the property. Planning Director stated that the right-of-way agent researched the curb to house distance and that it would be six feet from the garage and two feet from the house, but that whether or not the zoning were R-G-A(6) or C-1 , the distance would be the same. Further discussion ensued on the best zoning for the property. Consensus was to continue the application with staff directed to review R-3 Zoning or some zoning allowing restaurant or office use. M/S/C (Kaptur/Harris; Madsen absent; Koetting abstained) continuing the application to the May 11 meeting. CASE 5.0269-GPA. Initiation by the CITY OF PALM SPRINGS for amendment to the General Plan for an Energy Element to provide for management of long- term energy resources , conservation of existing resources, and examining possible alternative energy sources, City-wide. (Commission response to written comments on draft Negative Declaration, action for filing, and final approval . ) Recommendation: That the Planning Commission order the filing of a Negative Declaration and approve Case 5.0269-GPA as amended. Chairman explained that Commissioner Lawrence had requested revisions • relating to requirement of energy receipts on homes for sale and on rental properties. He stated that the Energy Element will be an enabling document for future enactment. April 27, 1983 PLANNING COMMISSION MINUTES Page 9 CASE 5 .0269-GPA (Cont' d.) In response to Commissioner Lawrence, Building & Safety Director stated that the examples of retrofit were removed from the language of the Element; that the sentence, "One option may be to require an apartment retrofit ordinance." would be removed and the word "another" in the next paragraph would be changed to "one" ; that the Energy Commission felt that it was necessary to address existing laws that may mandate retrofit in the case of property sales or renovation; that no retrofit ordinance is being adopted but retrofit will be reviewed in three years with public input; that the Energy Commission felt that it would not be fulfilling its duties unless retrofitting were addressed; that the possibility of hiring private inspection firms for certain specific types of inspection rather than using Building Inspectors was reviewed; that a problem arises from the use of people within their own trades, but this problem would be addressed in future review. Chairman declared the hearing open. The following persons spoke in oppostion to portions of the Energy Element citing statistical inaccuracies, "Big Brother" attitude on the part of City Government, not addressing the unique energy problems of the desert, and inequity on the real estate community of administering a retrofit ordinance. The speakers suggested several approaches to the energy problem which • included an active information program on energy conservation by the City; voluntary enforcement of the retrofit ordinance; continuance of the Element for further input from the real estate community and general public; and a public vote on whether or not to add an Energy Element to the General Plan. E. Birer, 2421 Cahuilla Hills Drive, Regional Vice-president Board of Realtors R. Fey, 2000 Madrona Drive, Vice-president of Board of Realtors M. Davis, 2908 N. Farrell Drive, realtor R. Rothman, 219 Los Patos , realtor Mrs. S. Sands (representing herself & Dr. R. Sands) , 567 Lugo Circle, realtor There being no further appearances, the hearing was closed. Building & Safety Director stated that the document had gone through seven changes; that the Board of Realtors had no comment when the original was presented to them; that information received from the speakers in the meeting was not factual and out of context; and that the statistics in the document reflect within z% of Edison' s figures; that the term "retrofit" is a generic term used in the solar industry and not a "dirty" word. Discussion continued on the time-line for action on the Element. Building & Safety Director stated that an ordinance (Solar Rights) being • prepared depends on the timely approval of the Energy Element since the Element is an enabling document. April 27, 1983 PLANNING COMMISSION MINUTES Page 10 CASE 5.0269-GPA (Cont' d.) • M/S/C (Harris/Kaptur; Madsen absent) continuing the Energy Element to the study session with specific questions from those concerned submitted in writing to the Building & Safety Director before the study session with these questions to be discussed at the study session. Tribal Council comments: "This case was considered by the Tribal Council at the meeting of April 12, 1983. In keeping with its policy to consider all General Plan amendments, and to provide adequate time for the Indian Planning Commission and Tribal Planning Consultant to review and comment on this very significant Element of the General Plan, the Tribal Council requested that Planning Commission action on this case be continued to April 27, 1983. The Indian Planning Commission and the Tribal Planning Consultant have completed their initial review of the draft Energy Element which they received on April 11 , 1983. To fully analyze the scope and potential impact of the recommendations set forth in this document, including the variety of environmental impacts referenced in the Environmental Assessment/Initial Study and in the Staff Report, the Indian Planning Commission has requested additional time to complete its review and submit comments on this matter. • The Tribal Council respectively requests that further action by the City Planning Commission on this case be continued to the Commission' s regularly scheduled meeting of May 25 , 1983." CASE 11.16-STREET NAME CHANGE. Initiation by the CITY OF PALM SPRINGS for consideration of a proposal by P. Bray to change the name of Eulalia Circle to Araby Court, Section 25. (This action is categorically exempt from Environmental Assessment per CEQA.) Recommendation: That the Planning Commission approve the requested name change. Planning Director stated that Eulalia Circle is difficult to find and that the "Araby Court" designation will make the streets location more identifiable; and that the name change was posted and published in the newspaper and no correspondence had been received. Chairman declared the hearing open; there being no appearances , the hearing was closed. M/S/C (Harris/Koetting; Madsen absent) approving the name change of • Eulalia Circle to Araby Court in Section 25. April 27, 1983 PLANNING COMMISSION MINUTES Page 11 PUBLIC COMMENTS • None. TENTATIVE TRACT AND PARCEL MAPS Planning Director reviewed and explained the maps and the Planning Commission discussed and took action on the following maps based on the finding that the proposed subdivision, together with the provisions for design and improvement, are consistent with the General Plan of the City of Palm Springs. A Negative Declaration has been ordered filed based on the finding that the project will not have a significant adverse effect on the environment and subject to conditions as outlined. TPM 19154. Application by S. MORSE ENGINEERING for Palm Canyon Associates for TPM 19154, a subdivision of land for leasing and financing purposes of an existing commercial/office complex on southwest corner of Ramon Road/South Palm Canyon drive, PD-82, Section 22. (Given iv n en ir8�ental assessment previously in original review of case Planning Director stated that staff would recommend approval subject to the recommendations of the Development Committee with the added condition that a landscape architect or irrigation expert review the • project and report to the Commission on a method for containing the irrigation water on the property prior to the approval and recordation of the final map. S. Morse, engineer representing the applicant, stated that the applicant agrees to the review of the irrigation water problem and requested deletion of the drainage fee requirement. Planning Director stated that staff agrees that the drainage fee condition should be deleted on developed property; that it would be discussed with the Director of Community Development; and that the Planning Commission action should be a recommendation to the City Council that the condition be deleted on the subject project and in other projects already developed. M/S/C (Kaptur/Harris; Madsen absent) approving TPM 19154 subject to the following conditions: 1. That all recommendations of the Development Committee be met with the exception that the Commission recommends amending the Ordinance requiring drainage fees on already developed parcels and that the Engineering Division condition requiring drainage fees be de- leted on this project and on other already developed projects. 2. That a landscape architect or irrigation expert review the plan and report to the Commission on a method for containing the irrigation water on the property prior to the approval and recordation of the final map. April 27 , 1983 PLANNING COMMISSION MINUTES Page 12 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 3.568. Request by L. SANDOR for R. Floyd for reconsideration of Com- mission action for restudy for single-family hillside residence at 555 North Patencio Road, R-1-A Zone, Section 10. (Ref. Case 3.421) Planning Director stated that a request had been received from the architect for the Commission to reconsider its previous action for a restudy. L. Sandor, the architect, stated that he had tried to redesign the project with a lower profile but the owner had not liked the design and wished the Commission to reconsider its decision. He emphasized that the house would not appear higher since the lower story is cut-off and not visible; and stated that he felt that most of the Commissioners and AAC had liked the house, and that in fairness it should be reviewed singly and not in conjunction with the residence below the site which has received much criticism from the community. J. Schlecht, attorney representing the owner, stated that alternatives had been reviewed but there was no way to design the project to meet the needs of the owner except in the way the architect had designed it; that • the owner wished to move forward and has requested approval of the project. Chairman stated that the Hillside Ordinance was originally developed to allow additional height because of siting difficulties; that he could not see that the site or the building was lacking in square footage; and that the house was well designed but he did not support additional height over that allowed in the Ordinance. Chairman and Commissioner Lawrence stated that the house below the subject property was not being considered. Commissioner Kaptur stated that the City Council policy has been to avoid height on the hillside and perhaps in the subject case the Council should make the decision. M/S/C (Kaptur/Curtis; Madsen absent) denying the application. CASE 3.438. Application by P. KOLODEJ for architectural approval of revised plans for a single family hillside residence on Leonard Road, south of Via Olivera, R-1-A Zone, Section 3. M/S/C (Curtis/Kaptur; Madsen absent) approving the application subject • to the following conditions: 1. That all recommendations of the Development Committee be met. 2. That air conditioning units be ground-mounted. April 27, 1983 PLANNING COMMISSION MINUTES Page 13 CASE 3.438 (Cont' d.) 3. That a full hip-roof be used on the western elevation (per note on the plan) . 4. That the same arch elements be employed on the patio as on the carport. 5. That the mass of the wing wall elements be increased (per note on the plan) . 6. That color choice No. 2 be used. 7. That the mass of the arches be increased to form a column on the carports. B. That working drawings be submitted for AAC and Planning Commission approval . 9. That detailed landscape, irrigation, and exterior lighting plans be submitted. MISCELLANEOUS ITEMS DISCUSSION (CASE 5.0270-MISC.) . Review of proposed Cathedral City General Plan. Chairman stated that the Cathedral City Planning Commission was meeting and waiting for the General Plan resolution from the Planning Commission. Planning Director presented the resolution (on file in the Department of Community Development) and stated that there are areas of commentas -- follows: 1 . Land Use. A. That the area between Jones Road and Bolero Road and easterly of Cree Road, extended, remain at a medium density residential and be the subject of a Specific Plan. Reason: That this area may have to take access from Palm Springs city streets which are designed as local streets. Such a land use would be compatible with land use to the north and consistent with the previously adopted Cove Communities General Plan. B. That all other land use designations as shown are endorsed. 2. Circulation. • A. That the designation of Landau Boulevard south of Ramon Road as a major thoroughfare be evaluated after a precise alignment study can determine sight line visibility, compatibility with flood control levee improvements , and ability to properly signalize. April 27, 1983 PLANNING COMMISSION MINUTES Page 14 DISCUSSION (Cont' d.) • B. That 34th Avenue be shown connecting from Cathedral City to Palm Springs across the Whitewater River. Reason: Even though dry weather crossings can cause future maintenance problems, new design techniques can mitigate those problems to a large degree. The extension of this road will better serve the access needs of Palm Springs Fire Station No. 5 located on Bolero Road. The connection will also serve to remove some traffic from Ramon Road and Highway 111. C. That an Ajejo Road/30th Avenue dry weather connection be shown across the Whitewater River to maintain the long-range potential for this street. Reason: This crossing would not be needed for many years, but if in the future Alejo could be extended to the Palm Springs city limit line, the connection through to 30th Avenue would well serve both communities. The improvements could be forestalled until such time as the airport link and Whitewater River links could be implemented. 3. Scenic Corridors. . That Cathedral City adopt a Scenic Corridor Plan consistent with that of the City of Palm Springs to include Highway 111 , Ramon Road, and Vista Chino Road. 4. Riding and Hiking Trails. That Cathedral City adopt a plan for bicycle trials , horse trails, and hiking trails which continue those features from the City of Palm Springs including Vista Chino Road, Ramon Road, Highway 111, the Whitewater Wash, and Palm Hills. M/S/C (Koetting/Lawrence; Madsen absent) approving Resolution No. 3519 to be forwarded via the Palm Springs City Council to the Cathedral City Council for its review. Tribal Council comments: "Since Indian-trust lands comprise a relatively large percentage of the developed as well as the undeveloped properties in Cathedral City, the Tribal Planning Consultant has participated in the work of the Citizen' s Advisory Committee related to the preparation of the Draft Environmental Impact Report and the proposed General Plan for Cathedral City. In earlier action, the Tribal Council submitted written comments on the Draft EIR. The Tribal Council has been apprised of the basic scope of the proposed General Plan, including the various elements, proposed policies, etc. and will be represented at the Cathedral City Planning Commission hearing scheduled for April 27, 1983. April 27 , 1983 PLANNING COMMISSION MINUTES Page 15 DISCUSSION (Cont' d. ) • In reviewing the Planning Commission Staff Report dated April 20, 1983, the Tribal Council noted, and would endorse the efforts being made to insure a compatible interface of land use, circulation, and environmental protection along the common boundaries of the Cities of Palm Springs and Cathedral City." TTM 17260-THIRD TIME EXTENSION. Application by WAGNER STANFORD CONSULTANTS for Helter Enterprises for a third time extension for subdivision of land for condominium purposes on Golf Club Drive between Bolero Road/East Palm Canyon Drive, R-3 Zone (I .L. ) , Section 29. M/S/C (Curtis/Lawrence; Madsen absent) approving a third and final time extension for TTM 17260 subject to the original conditions of approval . The new expiration date will be April 15, 1984. Tribal Council comments: "After consideration of the recommendations of the Indian Planning Commission, the Tribal Council approved a 12-month time extension for TTM 17260. To minimize the frequency of requests for time extension on tentative • maps, the Tribal Council reiterated its previous recommendation that the Planning Commission and City Council take appropriate action to amend the City' s Subdivision Ordinance by extending the times for initial approval and for extensions to the maximum permitted by the Subdivision Map Act as amended by A.B. No. 1668. Such action would result in considerable savings in costs and time, both to the City and the applicants." TENTATIVE TRACT 5 PARCEL MAPS (Cont' d.) TPM 19094. Application by G. NEESAN for approval of TPM 19094, a subdivision of land for industrial purposes on Ramon Road between Bogie Road/San Luis Rey, M-I-P Zone, Section 17 (Ref. Case 3.567) . (This action is categorically exempt from environmental assessment per CEQA. ) M/S/C (Koetting/Curtis; Madsen absent) approving TPM 19094 subject to all recommendations of the Development Committee. • April 27, 1983 PLANNING COMMISSION MINUTES Page 16 TPM 19257 . Application by KWL ASSOCIATES for TPM 19257 for M. Haber to • combine and redivide lots and architectural approval of preliminary landscaping for proposed expansion of single family hillside residence at 700 W. Stevens Road, R-1-A Zone, Section 10. (This action is categorically exempt from environmental assessment per CEQA.) M/S/C (Koetting/Curtis; Madsen absent) approving TPM 19257 subject to all recommendations of the Development Committee and the following conditions regarding landscaping: 1. That two olive trees be located at the entry. 2. That native Encilia and Creosote be added to the planters. 3. That detailed landscape, irrigation, and exterior lighting plans be submitted. MISCELLANEOUS ITEMS (Cont' d. ) CONSIDERATION. Request by Chamber of Commerce to use the Canyon Hotel Con- vention Center facility for two special events: May 6, Man of the Year Award Luncheon; and June 5, Installation of Officers Dinner. M/S/C (Lawrence/Koetting; Madsen absent) approving the use of the Canyon Hotel Convention facility for the requested two special events. Tribal Council comments: "It was noted that the use of the Canyon Hotel Convention Center facilities have been approved by the City Planning Commission on previous occasions for similar events. After consideration of the recommendations of the Indian Planning Commission, the Tribal Council recommended that the use of the Canyon Hotel Convention Center facilities for the requested events on May 6 and June 5 , 1983 be approved subject to the applicant taking appropriate actions to handle the projected traffic needs. To facilitate the processing of future requests of this nature, the Tribal Council further recommended that consideration be given to amending the Conditional Use Permit for the Canyon Hotel Convention Center in order to permit special events of this type, subject to administartive review and approval by City Staff with right of appeal to the City Planning Commission." • April 27, 1983 PLANNING COMMISSION MINUTES Page 17 CONSIDERATION. COMMISSION consideration of a modification to owner-occupancy . restrictions affecting density-controlled residential projects. Planning Director explained the original housing affordability guidelines for Cases 5 .0135-PD-110 (Desert Dorado) ; 5.0140-PD-115 (H. Heers) ; and 5.0144-PD-116 (AFCOM) . He stated that the developers are now requesting up to 50% non-owner occupancy on subsequent phases since the first phases of development with the original restrictions are nearing completion. In response to a question by Commission, Housing & Redevelopment Specialist stated that although there may have been speculative buying, price restrictions are still in effect which make the homes less than desirable for an investor; and that the developers contend that there are not enough owner-occupants to make subsequent phases feasible. Commissioner Lawrence stated that after review of the developer' s figures he found that there was only about 10% buying on speculation. Housing & Redevelopment Specialist stated that when a house is sold, it will be affordable but not limited entirely to owner-occupants. Assistant City Attorney expressed concern with how the determination was made on which properties had restrictions and which did not since it was a non-uniform restriction without any reason or justification. He requested continuance for his review and stated that there may be a • constitutional problem with regard to placing restrictions on some properties and not on others (a discretionary type of situation) . Discussion followed on whether or not to continue the consideration. Assistant City Attorney stated that had he been present to advise the Commission when the affordability guidelines were developed, they would have been developed differently; and that continuance would not affect the homes being sold. Housing & Redevelopment Specialist stated that the developers have an agreement on 50% of what has been developed to this point; that two separate covenants have been developed - one for the owner, and one for the second homeowner; that if a person sells one of the homes, the City can require that the owner move back into it or find a buyer or buy the home since it is a recorded restriction but that it is a policing problem; and that very few owners have moved in at the present time. M/S/C (Koetting/Lawrence; Madsen absent; Curtis/Kaptur abstained) continuing the consideration for review at the May 18 study session and May 25 Regular meeting. • April 27, 1983 PLANNING COMMISSION MINUTES Page 18 ARCHITECTURAL APPROVAL ITEMS (Cont' d. ) • CASE 3.539. Application by DOLLAR RENT-A-CAR for architectural approval for revised wall for business at 351 North Indian Avenue, C-B-D Zone, Section 15 . (Ref. Case 2.634) Commissioner Koetting stated that he would like to see softening of the brick wall on the north side. Planning Director stated that a renovation program may be able to be initiated with redevelopment on the Las Casuelas lot which includes the brick wall . M/S/C (Harris/Lawrence; Madsen absent; Koetting dissented; Service abstained) approving the application subject to the following conditions: 1 . That the mortar match the color of the block work. 2. That landscaping conform to the originally approved plans with the exception of the south planter and the peripheral planter on the northern boundary. CASE 3.573. Application by BENEFICIAL STANDARD PROPERTIES for architectural approval of remodel of Palm Springs Mall on Tahquitz-McCallum Way between Farrell Drive/Baristo Road, C-S-C Zone, Section 13. . Chairman stated that the AAC recommended restudy and if the Commission agrees that the AAC direction was proper, the restudy should be affirmed. Planning Director stated that in the study session in which the project was originally reviewed, the overall design concept was felt to be basically acceptable, and the developer felt that he had received direction from the Commission; that the AAC recommended a restudy for a common design theme including continuity of detail ; that the Walker Scott design will include a proposal for an additional two feet for signing; that mature perimeter landscaping is nonconforming; that a letter had been received from R. Pell , a former Planning Commissioner, relative to truck noise next to the residences west of the project; that a better project could be developed with a little more thought; that the Walker Scott signage problem had been discussed at the study session; that the architects seem to be entrenched in the original design concept; and that the applicant concurred with some of the suggestions regarding circulation, plot plan configuration, and design elements. M/S/C (Curtis/Kaptur; Madsen absent) approving a restudy and noting the following concerns : 1. That a common design theme be used including continuity of detail . 2. That the form of the buildings be softened by reducing crisp • edges, increasing pedestrian detail , increasing shadow, and increased use of visually warm materials. 3. That the design of former "Market Basket" facility be refined. 4. That the Mall entry be emphasized architecturally. April 27, 1983 PLANNING COMMISSION MINUTES Page 19 CASE 3.573 (Cont'd.) 5 . That landscaping be introduced against the building in the form of large plants to visually break the roof line. 6. That the use of pots as landscaping containers be restudied. 7 . That large blank walls be visually enhanced and/or softened via landscaping. 8. That roof forms be refined to link fascia and column details. 9. That groups of shade trees be used in the parking area with emphasis on a revised plant list. 10. That surface circulation be reviewed. 11. That any design address the fact that Tahquitz-McCallum Way is a visually important thoroughfare in the City. Commissioner Koetting stated that he wanted the developers to know that the Commission recognizes the difficulties in remodeling the facility and that it appreciates their efforts and will work with them to resolve problems. • MISCELLANEOUS ITEMS (Cont'd.) CASE 5.0115-CUP - TIME EXTENSION. Request by M. BADALIAN for a time extension for construction of a recessed tennis court within setback on Ramon Road between Calle Encilia/Calle El Segundo, R-4-VP Zone (I .L. ) , Section 14. M/S/C (Koetting/Kaptur; Madsen absent) approving a time extension to run concurrently with TTM 15687. The new expiration date will be March 4, 1984. Tribal Council comments: "After consideration of the recommendations of the Indian Planning Commission, the Tribal Council approved an extension of time in Conditional Use Permit Case 5.0115 to March 4, 1984." CONTINUED ITEMS TPM 18787. Commission review of revised conditions of approval for a sub- division of land for industrial purposes on Ramon Road between Bogie Road/San Luis Rey, M-1-P Zone, Section 17. (Previously given environmental assessment in conjunction with Case • 5.0160-CZ. ) Continued to May 11 for staff review of changes in the map. t April 27, 1983 PLANNING COMMISSION MINUTES Page 20 CONTINUED ITEMS (Cont'd.) • CASE 2.803. GREENHOUSE HOMEOWNERS ASSOCIATION for architectural approval of elevated sundeck within existing private patio at 1111 East Alejo Road, R-G-A(8) Zone, Section 14. Continued to May 25 at the applicant's request. CASE 3.544. RENATO'S for architectural approval of small garden-type wrought iron fence around outside dining area for restaurant at 495 North Palm Canyon Drive, C-b-D Zone, Section 15. Continued to May 11 at the applicant's request. CASE 5 .0265-CUP. VAN LOM ARCHITECTS for Shari ' s Restaurant for architectural approval of revised landscape plans for restaurant and existing shopping center on the southeast corner of North Palm Canyon Drive/Racquet Club Road, PD-113, Section 3. (Ref. Case 5.0127-PD-113) Continued to May 11 at the applicant' s request. ITEMS FOR RESTUDY The following item was removed from the Planning Commission agenda • pending restudy. Application will be rescheduled for hearing only after revised submittals have been processed. CASE 3.342. J. WALLING for K. Miller for architectural approval of revised landscape and wall plans for hillside residence on Crescent Drive, R-1-A Zone, Section 10. M/S/C (Koetting/Curtis; Madsen absent) for a restudy to address the following: 1. Increasing the number and height of trees. 2. Revision of plant list to include Polyanthemos, Creosote, Encilia, and Casia in areas of slope restoration. 3. Review of color of walls in conjunction with the revised landscape plan. April 27, 1983 PLANNING COMMISSION MINUTES Page 21 CONSENT AGENDA • The following items are routine in nature and have been reviewed by the Planning Commission, AAC, and staff. No further review is required, and all items are approved by one blanket motion upon unanimous consent. M/S/C (Lawrence/Kaptur; Madsen absent) approving the following applications subject to all conditions of staff, Development Committee and the AAC as follows and ordering the filing of a Negative Declaration as indicated: SIGN APPLICATION. C. MILLS for S. Cavallero for architectural approval of sign program for 5-unit commercial condominium project on the northwest corner of Andreas Rd./N. Indian Ave. , C-B-D Zone, Section 15 (Ref. Case 3.379) . Approved as submitted. SIGN APPLICATION. VIVIENNE'S HAIR STUDIO for architectural approval of main identification sign at 666 N. Palm Canyon Drive, C-B-D Zone, Section 15 . Conditions: 1. Install on upper right hand corner to integrate with existing sunscreen. • 2. Colors to be a combination of building and screen colors. CASE 5.0074-PD-89 (Ref. TTM 150490. KNUTSON INVESTMENT COMPANY for archi- tectural approval of revised elevations, revised landscape plans and revised phasing for industrial park/office complex on Ramon Road between San Luis Rey/Crossley Road, M-1 Zone (I .L.) , Section 20. Conditions: 1. Elevations are approved. 2. The landscape plan is approved using revised plant list to be submitted for staff approval per note on the plan. 3. That the Engineering requirements relative to the revised phasing be met. CASE 5.0209-PD-136. WESTAR ASSOCIATES for architectural approval of revised elevations (final development plans) for Building "B" in proposed shopping center on the northeast corner of North Palm Canyon Drive/Racquet Club Road, C-1 & R-G-A(6) Zone, Section 3. Conditions: 1. That all recommendations of the Development Committee be met. is 2. That the olives be 42-inch box size and 13' to 16' in height. 3. That the Star Jasmine be 15 gallon size. Abstention: Koetting April 27, 1983 PLANNING COMMISSION MINUTES Page 22 CONSENT AGENDA (Cont' d. ) • CASE 5 .0254-CUP. M. BUCCINO for P. Spickler & J. Webb for architectural approval of revised landscape plans for video game arcade on East Vista Chino between Via Negocio/Biskra Road, C-1 Zone, Section 1 . Approved as submitted. SIGN APPLICATION. BEST SIGNS for Builder' s Homecenter for architectural approval of border graphic on east side of business at 490 East Sunny Dunes Road, C-M Zone, Section 23. Approved as submitted. Abstention: Kaptur COMMISSION REPORTS, REQUESTS AND DISCUSSION - May 2 trip to cogeneration facilities in San Diego area. Planning Director reminded Commission to advise staff on attendance. Bus will leave City Hall at 7:30 a.m. and return at 5:30 p.m. - Fashion Plaza expansion. Chairman appointed Commissioners Curtis and Koetting and AAC member Cioffi to review Fashion Plaza expansion with the Redevelopment Agency. - Marquis Hotel graphic (Case 5 .0106-CUP) . Commission consensus was that the design was acceptable with the deletion of the small "Marquis Hotel " identification signs whichdonot conform to the Sign Ordinance. - Old World Restaurant. Planning Director stated that staff would investigate parking and meeting of Building Division requirements for the restaurant. ADJOURNMENT There being no further business to discuss, Chairman adjourned the meeting at 6:30 p.m. < Y � MDR/mi PLANNING DIRECTOR • WP/PC MIN