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HomeMy WebLinkAbout1983/11/23 - MINUTES (2) 1 PLANNING COMMISSION MEETING MINUTES • Council Chamber, City Hall November 23, 1983 1:30 p.m. ROLL CALL F-Y 1983 - 1984 Present Present Excused Absences Planning Commission This Meeting to Date to date Richard Service, Chairman X 8 2 Hugh Curtis X 9 1 Hugh Kaptur - 7 3 Peter Koetting - 9 1 Don Lawrence X 10 0 Paul Madsen X 9 1 Sharon Apfelbaum X 9 1 Staff Present John A. Mangione, Director of Community Development Marvin D. Roos, Planning Director Sigfried Siefkes, Assistant City Attorney George Parmenter, Traffic Engineer Robert Mohler, Assistant City Engineer Dave Forcucci , Zoning Enforcement Officer • Douglas R. Evans, Planner III John Terell , Housing & Redevelopment Specialist Robert Green, Planner II Mary E. Lawler, Recording Secretary Architectural Advisory Committee Present - November 21, 1983 James Cioffi , Chairman Chris Mills Hugh Curtis Sharon Apfelbaum William Johnson Michael Buccino Earl Neel Chairman called the meeting to order at 1:30 p.m. MSC (Lawrence/Apfelbaum; Kaptur & Koetting absent) approving minutes of the October 26 meeting with the following correction: Page 11, paragraph 7, (Case 5.0218-CUP & TTM 11559) - new expiration date should be 12/19/84. November 23, 1983 PLANNING COMMISSION MINUTES Page 2 PUBLIC HEARINGS • CASE 5.0252-MISC. B-F. Initiation by the CITY OF PALM SPRINGS for Planning Commission review of the final EIR for the South Palm Canyon, Ramon/Bogie Rds. , and Highland/Gateway Redevelopment Project areas and proposed redevelopment plans for the South Palm Canyon and Ramon/Bogie Rds. Redevelopment Project areas. Various zones and sections. Recommendation: That the Planning Commission recommend to the City Council that the final EIR for Case 5.0252-MISC. B-F be certified as complete. Housing & Redevelopment Specialist stated that copies of the final EIR distributed to the Commission were the same as the ones distributed previously; and that comments had been received from the following agencies: State of California and Coachella Valley Ecological Reserve Foundation commented on the Highland/Gateway project area. Both agencies recommend that developers pay fees to establish a fringe- toed lizard habitat near 1000 Palms, California. He stated that developers will be required to comply with City regulations which incorporate the seven point Coachella Valley Association of Government program; and that the Redevelopment Agency itself would not require the fees. Historic Site Preservation Board commented on the South Palm Canyon and Oasis sections. Huddle Springs - site now occupied by Sherman' s Restaurant is of interest to the Historic Board which has suggested that the structure be integrated into the plan of the proposed hotel . The Redevelopement Agency will alert the developer of the suggestion and contact the Historic Board when/if the restaurant is threatened for possible moving off site if it cannot be included in the hotel plan. In the Oasis area there are several structures along Cahuilla Road which are potentially scheduled to be removed. The Historic Board feels that five structures are of significance (Frances Crocker home, Casa Cody, the Winter's home, the Robinson's home which is currently Le Vallauris, and Big Orr - the Coffman home) . These projects have been identified and the Board will be contacted if they are threatened. Clarification of existing and future roadway capacity has been done in response to State comments. The existing roadway capacity is defined as 1983 and the future roadway capacity is defined as General Plan buildout (20 to 30 years) . Tribal Council comments were basically in favor of the projects and felt there was adequate coverage in the EIR of impacts. Concern was with certain stipulations regarding Indian-owned land. This has been addressed. • November 23, 1983 PLANNING COMMISSION MINUTES Page 3 CASE 5.0252 (Cont'd. ) In response to question by Commission, Housing & Redevelopment Specialist stated that theoretically, the City can use the power of eminent domain on Indian lands but has made an agreement on the issue in which the City will not use eminent domain; that the Indians could establish their own redevelopment agency but they do not wish to do so and have agreed that the City will be the redevelopment agency; that eminent domain could be used on lease hold interests and fee parcels but there are advantages, including financing, to being the Redevelopment Agency. In reply to question by Chairman relative to the sentence in the Tribal Council memo of November 22, that "The Tribal Council disapproved further action to proceed with these projects until those issues related to expected benefits to the individual allottees and the community as a whole were addressed", Housing & Redevelopment Specialist stated that concerns have been discussed with the Tribal Council and have been resolved as indicated in the Tribal Council Resolution 83-83, which supercedes the aforementioned memo. Chairman stated that the resolution supercedes the memo; that an undue amount of attention has been placed on eminent domain; and that condemnation is just one tool in the Redevelopment process. In answer to Commission questions, Housing & Redevelopment Specialist stated that, in a redevelopment agency, condemnation can be used for a private project; and that the redevelopment plan is not specific but establishes a framework for future projects with any future projects being required to come before the Planning Commission and the City Council . Chairman stated that he has told businessmen who have had questions on redevelopment projects that the redevelopment plan was a framework and not specific. Discussion followed on the purpose of a redevelopment plan. Housing & Redevelopment Specialist stated that property can be acquired under eminent domain if, in another set of hearings, the City Council approved eminent domain, but since the City Council acts as the Redevelopment Agency, there would be no conflicts. Chairman declared the hearing open; there being no appearances, the hearing the closed. In reply to question by Commission regarding the fringe-toed lizard, Housing & Redevelopment Specialist stated that requiring developers to follow City regulations is a satisfactory response to the comment; that because a comment is made, does not mean that it has been included in its entirety since the City Council , in a different forum with more information available, has acted to accept the seven point C-VAG plan; and that the Commission recommendation will be reviewed by the City • Council at its meeting of November 23, at 7:30 p.m. M/S/C (Madsen/Curtis; Koetting/Kaptur absent) recommending to the City Council that the final EIR be certified as complete for Case 5.0252- MISC. B-F. November 23, 1983 PLANNING COMMISSION MINUTES Page 4 CASE 5.0252 (Cont'd. ) • Tribal Council comments: "At its meeting of June 21, 1983, the Tribal Council considered the Environmental Assessment/Initial Study for the proposed South Palm Canyon and the Ramon-Bogie Redevelopment Project areas. It was noted that a significant portion of the South Palm Canyon area and a portion of the Ramon-Bogie area, including most of the vacant parcels in both areas, are comprised of Indian-trust lands. The Tribal Council disapproved any further action to proceed with these projects until those issues related to expected benefits to the individual allottees and to the community as a whole, were addressed. The Tribal Council has considered the draft Environmental Impact Report dated September 7, 1983, and the proposed Redevelopment Plans received on September 26, 1983 for the South Palm Canyon and the Ramon-Bogie Redevelopment Project Areas. The Tribal Council ' s comments and actions on these documents are set forth in the enclosed copies of Tribal Council letter of November 22, 1983 to the City Redevelopment Director and Tribal Council Resolution No. 83-83." See attached Tribal Council Resolution 83-83 and letter dated November 22, 1983. • ENVIRONMENTAL ASSESSMENT ITEMS CASE 5.0303-PD-153 (Ref. Case 5.0173-PD-127) . Application by C. MILLS for J. Temple for environmental assessment of planned development district for a golf course/600-unit condominium project on Ramon Rd. between El Cielo Rd./Sunrise Way, R-1-C, W-R-1-C & R-G-A(8) Zones (partial I.L.) , Section 24. Recommendation: That the Planning Commission order the preparation of a draft Negative Declaration and continue the application to December 14 for further review. Planner III stated that the property has been previously approved for a golf course with the previous environmental assessment addressing 400 to 450 housing units; he presented the environmental assessment/initial study (on file in the Department of Community Development, Planning Division) ; stated that the applicant proposes to use reclaimed water for golf course irrigation; that POST has supported the Tahquitz Regional Park, but that the Council has adopted guidelines regarding the Regional Park to state that a golf course is open space; that staff feels that an amended environmental assessment is necessary (Environmental Assess- ment/Initial Study for previously assessed Case 5.0173-PD-127, on file in the Department of Community Development, Planning Division) ; that the applicant is requesting a density transfer and has not calculated density in the same manner Planning staff has; that the applicant • proposes 600 units although staff is recommending 540 as the maximum number unless adjacent properties are acquired by the applicant; that staff recommendation is that any reduced density be deleted in Phase IV, which is adjacent to an existing single story neighborhood; that the applicant feels that grading will mitigate any impacts from the two- story condominiums proposed in Phase IV; that several neighbors have November 23, 1983 PLANNING COMMISSION MINUTES Page 5 CASE 5.0303-PD-153 (Cont' d.) • contacted him but no negative comments have been received; that the Tribal Council is recommending a continuance to December 14 for more thorough review of its concerns of ground water resources and the Circulation Element of the General Plan; that these have been addressed previously by the City and no new comments have been received; that the applicant will use reclaimed water unless there is a technical or financial problem; that the green area is proposed to extend into the flood plain and will be protected by a fiberglass leach erosion control system which ties the soil down and allows grass to grow through it. He showed the cart crossings on the display board and explained that the applicant is studying the proposal of desert landscaping for the subject project. Discussion followed on the irrigation system. Planner III stated that a pilot channel is now constructed; that humans cannot come into contact with reclaimed water (therefore a system will be established to water the course at night); and that the plan showed additional land acquired by the applicant. Discussion continued on the golf course flood plain. Commissioner Lawrence stated that the course should withstand flooding and not be out of play after heavy storms. Further discussion ensued on the proposed two-story condominium portion . of the plan. Planner III stated that the applicant has submitted new information in which he proposes to lower the site so that the roof will be no higher than the adjacent single family residences; that this information would be reflected in a caveat to the Environmental Assessment/Initial Study; that the applicant will adhere to FEMA requirements and improvements will aid in keeping flood waters away from existing homes in the area. C. Mills, the applicant and architect, stated that the developer accepted most of the Development Committee conditions but that there were a few concerns as follows: 1. Density factor. Applicant has acquired lease rights on more property from Sunshine Villas, which was not in the original calculation. Applicant feels that using additional acreage in calculations for density transfer is an acceptable means to bring the unit count from 540 to 571. He explained the criteria for his calculations to allow an additional 43 units to bring the total unit count of the project to 614 (staff is recommending 600); that no special favors have been requested; and that the means of calculation is a viable one to obtain the density. 2. Extension of Sunny Dunes and other streets. (Development Committee, Planning Division Condition No. 21, page 11, Development Committee Minutes of November 18, 1983. ) If these streets are extended, there will be no golf course. General Plan • amendment is required to abandon the streets and if that is done, the developer will be required to install them. Condition should be reworded since if the easements are mandated, there will be no golf course. November 23, 1983 PLANNING COMMISSION MINUTES Page 6 CASE 5.0303-PD-153 (Cont' d.) • 3. Extension of Compadre to the alignment of Mesquite. If Compadre is extended, it will impact an existing residential neighborhood which is what the applicant is trying to avoid. Applicant is proposing to end Mesquite at the project entrance without its being extended to meet Compadre by bonding or any other means the City desires for improvement until Mesquite is extended to E1 Cielo. The applicant also proposes a parkway in Mesquite from Farrell to the Fairchild property. 4. Reclaimed water. Wastewater is being proposed as the main source of irrigation. 5. Site cross section for proposed condominium portion adjacent to single family neighborhood. Large setbacks, mounds, landscaping, and wall abutting Compadre and Sunrise. 6. R-2 Standards. Design of the project is above R-2 Standards and setbacks. Mr. Mills stated that he, the developer, and the engineer for the project were present to answer questions. In response to question by Commission, Planner III delineated the street extensions and alignment proposed for the area in the General Plan. He • stated that staff feels that the extension of Compadre will not benefit the neighborhood unless bridged at Cerritos; that Mesquite should continue as a secondary to carry traffic flow to E1 Cielo; that Compadre is a General Plan street required to serve the neighborhood; and that the Traffic Engineer was present to answer questions. Mr. Mills stated that if Compadre is extended, it will impact the adjacent area since condominium traffic from the subject project will drive through the neighborhood. Chairman stated that the extension of Compadre would aid routing of children to the high school . Mr. Mills stated that the applicant would have no objection to a bikepath/sidewalk. Planner III stated that the AAC reviewed the site plan in concept and felt that the cluster development scheme was sympathetic to the neighborhood; that the project is acceptable as an overall design with additional details to be addressed at the AAC meeting of December 12; that the JHK Study recommends four lanes from Ramon to Mesquite on Farrell Drive to enhance the circulation pattern from the north/south area; that verbal information will be put into writing regarding the additional property; and that a caveat would be added to include Phase IV and its additional impact to the neighborhood. Planning Director stated that the total unit count will not exceed 600 units. November 23, 1983 PLANNING COMMISSION MINUTES Page 7 CASE 5.0303-PD-153 (Cont'd.) • M/S/C (Apfelbaum/Curtis; Koetting/Kaptur absent; Madsen abstained) ordering the preparation of a draft Negative Declaration with mitigative measures (including a maximum unit count of 600 and the addition of a caveat to review environmental concerns relative to Phase IV) and continuation of the application to the December 14 meeting for further review in a public hearing. Tribal Council comments: "The Environmental Assessment/Initial Study dated November 23, 1983 was received by the Tribal Planning Consultant on November 21. The document makes reference to a Negative Declaration filed on the subject property in January, 1982 (CASE 5.0173-PD-127) , and to mitigation measures contained in Development Committee mintues dated November 18, 1983. The latter two documents were received at the Tribal Council office just prior to the Indian Planning Commission meeting on November 21. In view of the scope of the project, including the proposal to eliminate three streets from the City's General Plan Street Plan, other environmental issues that should be addressed including the possible impact on ground water resources, and to provide adequate time for the Indian Planning Commission to review and comment on the document referred to above, the Tribal Council requested that action on the Environmental Assessment/Initial Study be continued to the City Planning • Commission meeting of December 14, 1983." PUBLIC COMMENTS None. TENTATIVE TRACT & PARCEL NAPS Planning Director reviewed and explained the map and the Planning Commission discussed and took action on the following 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. TTM 19396 & CASE 3.616 (Ref. TTM 12943 & Cases 3.078 & 3.341. Application by S. MORSE for J. M. Peters for tract map and architectural approval of case for 240-unit condominium project on the northwest corner of El Cielo Rd./Ramon Rd. , R-2 Zone, Section 13. Planner II explained the revisions to the project for sun control and requested Commission approval of the tennis court setback at the hammerhead entry to retain the original property line and to avoid the • applicant's having to submit a CUP application. He stated that the Traffic Engineer has approved the traffic flow situation at the hammerhead entrance. November 23, 1983 PLANNING COMMISSION MINUTES Page 8 TTM 19396 & CASE 3.616 (Cont' d. ) • R. Trapp, J. M. Peters Company, the developer, stated that his firm was requesting revisions to an already approved site plan; and that the architects would make a presentation of the architecture. C. Butts, Berkus Group Architects, presented the project on the display board, described its configuration with its internal staircase, and described the architecture as contemporary and fresh with a 1984 plus appearance. R. Sawyer, landscape architect, explained the contouring of the project and stated that a soft street scene and much green space for separation of areas was accomplished by the landscaping; and that long-term maintenance would be provided. Mr. Trapp stated that the applicant agreed to staff conditions and that the site meets all City requirements. He requested approval . Chairman stated that he did not understand the architecture and had not seen that type of architecture in multi-unit projects. He discussed the elevations with the project architect. Mr. Butts stated that the forms were classic in a contemporary (avantgarde) manner and would be marketable. Chairman stated that there were very few projects with internal • staircases, nor did they seem to be acceptable to the public. Mr. Butts stated that the stairway detail was used in very successful projects in Arizona and Texas. He explained the rationale of the internal staircase as taking away from the stacked, flat condominium project look. Chairman replied that he could not share the applicant's enthusiasm although there was good sensitivity to the neighboring properties since the project looked as if several ideas were being put into one building; that the building is not giving a clear architectural statement; and that the architecture is interesting but not pleasing. Commissioner Lawrence stated that the City had always had the same type of architecture; that the project seemed to introduce the 21st century to Palm Springs; and that the architecture is confusing but he was not sure that it was not pleasing. Commissioner Madsen stated that he agreed with Commissioner Lawrence but that the AAC found it acceptable and he would support it. Commissioner Apfelbaum stated that the AAC comments were those of the Commission but that the architects on the Committee had enlightened the lay persons by stating that the architecture was Art Nouveau or Art Deco with a contemporary feeling and that the colors integrated into the playfulness of the project. She stated that the AAC found the site plan • acceptable. November 23, 1983 PLANNING COMMISSION MINUTES Page 9 TTM 19396 & CASE 3.616 (Cont'd. ) • Commissioner Curtis stated that the Chairman of the AAC noted that the type of architecture is seen in Architectural Digest but not in Palm Springs and that the community has buildings designed around a particular theme but he would support the project which will be acceptable with the right kind of landscaping and setbacks and good site plan. Mr. Butts stated that he felt that when the project was built, the Commission would find it pleasing. Commissioner Lawrence stated that he would support the lighted tennis court setback of 45 feet instead of 60 feet since the AAC supported it. M/S/C (Lawrence/Madsen; Koetting/Kaptur absent; Service dissented) approving TTM 19396 and Case 3.616 subject to the following conditions: 1. That all recommendations of the Development Committee be met. 2. That the 45 ft. setback to the lighted tennis court behind the hammerhead entry is approved. 3. That trees be used at the intervals in carports to provide an arch/canopy over access roads. 4. That four narrow areas of stamped paving be increased in width per • notes on the plan. 5. That a greater variety of vines be used throughout the project. 6. That trees be introduced to screen the ends of internal streets from El Cielo Road. 7. That a substitute for Eucalyptus Nicholii and Eucalyptus Rudis be used. 8. That sun control details throughout the project be submitted on working drawings for the approval of the AAC and Planning Commission. 9. That detailed landscape, irrigation, and exterior lighting be submitted and approved. Commissioner Madsen commented that the AAC recommended approval although lay persons on the Committee had reservations. Chairman stated that he could not support the project and that it is no contribution but that its acceptability will rest on the details. November 23, 1983 PLANNING COMMISSION MINUTES Page 10 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/ Madsen; Koetting/Kaptur absent) and unanimously carried approving and/or taking other actions on 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. Application by MYERS & COMPANY for architectural approval of main identification sign for business (Linens & Things) at 2500 N. Palm Canyon Dr. , C-1 Zone, Section 3. Condition: That the trim cabinet be a dark brown color. CASE 3.621. Application by R. CARVER for architectural approval of landscape plans for single family residence on Stevens Rd. between Vine St./Via Monte Vista, R-1-A Zone, Section 10. Condition: That raked dirt be substituted for Palm Springs Gold gravel . CASE 5.0106-CUP & CASE 3.336. Application by M. STARKMAN ASSOC. for architectural approval of final colors and materials for hotel and condominium complex on S. Indian Ave. between Tahquitz-McCallum • Way/Arenas Rd. , C-2, C-1-AA & R-4 V-P Zones (I .L. ) , Section 14. Approved as submitted. NOTE: The AAC encouraged the applicant to explore the use of accent colors on the project. Abstention: Service CASE 5.572-CUP. Application by W. VEITH for 1st. Southern Baptist Church for architectual approval of final landscape plans for church on the south side of Vista Chino, east of Avenida Caballeros, G-R-5 Zone, Section 11. Conditions: 1. That Washingtonia Filifera be used if palms are added to the front lawn area. 2. That landscaping at the base of the palms be submitted for staff approval . • November 23, 1983 PLANNING COMMISSION MINUTES Page 11 MISCELLANEOUS ITEMS CASE 3.481 MINOR. Request by VILLAGE CENTER FOR THE PERFORMING ARTS for reconsideration for driveway location for new parking lot at the Performing Arts Center. (Everybody' s Village/Senior Center) 0 Zone, Section 10. Planning Director explained that the Commission had approved the driveway location for the Senior Center with the condition that access to Alejo Road be eliminated and that all access should come from Indian Avenue. He stated that the Traffic Engineer would agree to relocation of the driveway with Alejo Road as an access point and that Mr. Bialis from the Senior Center has requested reconsideration to allow the relocation. Discussion followed on traffic impacts for the proposed new location. Commissioner Lawrence stated that he felt that with Alejo being a short street, there would be traffic backing up unless a right-turn lane were provided. Commissioner Curtis suggested one-way in and one-way out only. Planning Director stated that he felt that traffic would not be impacted by the relocation. Commissioner Lawrence stated that a large hotel (the DeBartolo project) with its traffic impacts will be constructed nearby and a convention center is also planned for the area. Further discussion followed. Mr. Bialis stated that there may be a problem with relocation of the driveway on Alejo, but that the entrance to the lot is only two car widths wide. He stated that if there were problems, the driveway on Alejo could be closed; and explained the proposal on the display board. Chairman stated that the parking lots should connect since if one lot is full , there is no way to turn around except by backing out on Alejo. Traffic Engineer stated that he could concur with the access from Alejo but that the driveway must open to the existing lot to give the motorist a choice if either lot is full; and that the traffic volume does not constitute a problem and could be reviewed in the future if problems arise. Commissioner Lawrence stated that the center and Everybody's Village should be aware that if the driveway access to Alejo creates a problem, it could be closed. M/S/C (Madsen/Curtis; Koetting/Kapter absent; Apfelbaum abstained) approving the request for relocation of the driveway access to Alejo Road subject to the conditions that the driveway connect to the existing lot. NOTE: The Commission requested that the minutes be sent to the Chairmen of the Village Center for the Performing Arts and of the Senior Center. November 23, 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 3.628. Application by B. PERLIN for architectural approval of Chief Auto Parts building on Sunrise Way between Desert Park Ave./Via Negocia Ave. C-1 Zone, Section 1. Planner II presented the project on the board and stated that the parking lot will be posted to eliminate its use as a car repair area. M/S/C (Curtis/Lawrence; Koetting/Kaptur absent) approving the application subject to the following conditions: 1. That all recommendations of the Development Committee be met. 2. That the parking lot be posted to eliminate its use as a car repair area. SIGN APPLICATION. Application by MITCHKO INDUSTRIES for architectural approval of revised main identification sign for Comfort Inn, 950 N. Indian Ave. R-3 Zone, Section 11 . . Zoning Enforcement Officer described the sign colors and stated that the height of the pole and the sign will be 12 ft. with the underside seven feet from ground level ; and that there was no room for a monument sign as had been suggested by the AAC and the Planning Commission. M/S/C (Madsen/Curtis; Koetting/Kaptur) approving the pole sign application as submitted. CASE 5.0282-PD-150. Application by S. CROWE for Palm Canyon Plaza, Ltd. for a planned development district for a 310-room hotel including a proposal for a portion of the structure with a 60' height on South Palm Canyon Drive between Sunny Dunes Road/Mesquite Avenue, C-1 Zone, Section 23. (Environmental assessment. ) Planner III stated that the project is similar to the others that have been proposed on the site; that previous projects had been given Negative Declarations; that the environmental assessment is being amended because of the proposed building height; and that many of the impacts are less severe than the projects previously approved. He presented the Environmental Assessment/Initial Study (on file in the Department of Community Development, Planning Division) and discussed environmental concerns. He stated that one portion of the building is • high-rise (64 ft. from the pavement to the roof) ; that the applicant is requesting a special setback on the street frontages except for South Palm Canyon Drive; and described sight line studies on the display board. He stated that Huddle Springs (site of present Sherman's Restaurant) has been recommended for preservation by the Historic Site Preservation Board but does not integrate into the design scheme and November 23, 1983 PLANNING COMMISSION MINUTES Page 13 CASE 5.0282-PD-150 (Cont'd. ) would be a hardship for the design of the project except perhaps as a shade structure, but that staff would work with the developers relative to the situation; and explained the circulation corridor on Sunny Dunes and Mesquite, stating that the building height is the main issue. S. Crowe, developer and applicant, stated that the tower portion could be moved into the interior of the project; that there will be two loading facilities (one for the convention facility and one for hotel service) which are screened by a wall; and that service exiting is on Mesquite. Planner III explained the project configuration and stated that staff was recommending a building height (based on pad height) of 50' to 54' . Chairman stated that a PD application is required for building heights over 35 feet and that he had some concerns about density but felt that problems can be resolved. In reply to Chairman's question, Mr. Crowe stated that the project would not become a timeshare; that it could receive financing because of the developer (Dunphy Hotels) ; and thanked staff for their help. Planning Director stated that the architect, Jerry Allmand, was very agreeable and listened to staff suggestions. Mr. Crow requested that staff aprise him of plans for Huddle Springs/Sherman's Restaurant. • Discussion followed on conducting rain water from tile roofs. The architectural team explained that gutters will be especially tailored and recessed. Chairman commented that beautiful tiled roof buildings without adequate overhangs in the City have been ruined by water stains because of the difficulty of conducting water away from the roofs. M/S/C (Lawrence/Apfelbaum; Koetting/Kaptur absent) ordering the preparation of a draft Negative Declaration and continuing the application to December 14 for further review. ENVIRONMENTAL ASSESSMENT ITEMS (Cont'd. ) TTM 19447 & CASE 3.605. Application by the SANBORN/WEBB ENGINEERING for E. Potter for environmental assessment of tract map and architectural approval to construct a 40-unit condominium complex on N. Indian Ave. , east of Zanjero Rd. , west of Racquet Club Rd. , R-2 Zone, Section 3. (Commission response to written comments on draft Negative Declaration, action for filing and final approval . No comments received. ) M/S/C (Kaptur/Apfelbaum; Koetting/Kaptur absent) ordering the filing of • a Negative Declaration and approving TTM 19447 and Case 3.605 subject to the following conditions: 1. That all recommendations of the Development Committee be met. November 23, 1983 PLANNING COMMISSION MINUTES Page 14 TTM 19447 & CASE 3.605 (Cont'd. ) • 2. That carports be relocated out of setbacks. 3. That details of the renovation of an existing building be submitted. ARCHITECTURAL APPROVAL ITEMS (Cont' d.) SIGN APPLICATION. Application by M. HABER for architectural approval of neon main identification sign for Cecil ' s Restaurant, E. Palm Canyon at Sunrise Way, C-D-N Zone, Section 25. Zoning Enforcement Officer explained the sign application on the display board. Chairman stated that the glare was not acceptable. Planning Director stated that the proposed sign does not integrate with the sign program at Smoketree Village; that the sign could not be recessed because of the board and batten architecture of the center. Commissioner Lawrence stated that signs are being approved without enough attention, and that the proposed glaring sign is not appropriate for Smoke Tree Village. M/S/C (Lawrence/Madsen; Koetting/Kaptur absent) denying the sign as • proposed. Commissioner Apfelbaum stated that the AAC felt that the sign was compatible with the existing use and perhaps the use did not integrate well with the building; that the sign duplicates the Cecil ' s sign as it is, and that the Commission is reviewing a neon sign for the site. She suggested that standards for neon signing be reviewed since the Commission does not seem to be consistent. Chairman agreed that the intensity of the neon is the most objectionable feature of neon signs and that a representative of the industry will discuss neon signs at the December study session; that the Commission must be aware of the overall area, not just a specific site relative to neon signing; that the sign had been successful for Cecil ' s but that the neon material is objectionable in glare and intensity; and that another proposal might be acceptable. SIGN APPLICATION. Application by FUN IN THE SUN CANDIES for architectural approval of main identification sign for business at 200 S. Indian Ave. , C-2 Zone (I .L. ) , Section 14. Zoning Enforcement Officer stated that the candy business is moving to a new location and that there is an existing sign cabinet at the proposed Is letters; that the applicant is requesting white plexiglass with red letters; that the length of the sign is 18 ft. with letters of 12 inches in height; and that the letters are "funky" . M/S (Lawrence/Service; Koetting/Kaptur absent) for approval of the sign application. November 23, 1983 PLANNING COMMISSION MINUTES Page 15 SIGN APPLICATION (Cont'd. ) • The vote was as follows: AYES: Lawrence, Apfelbaum NOES: Curtis, Madsen, Service ABSENT: Koetting, Kaptur The motion failed. Discussion followed on the brightness of the red against the white background. Zoning Enforcement Officer stated that he had used the term "funky" but the AAC had not used it. Commissioner Apfelbaum stated that the AAC liked the sign and noted that there were several different signs within the building. M/S/C (Curtis/Apfelbaum; Koetting/Kaptur absent) to restudy the sign noting the following comments from the Zoning Enforcement Officer: That the red copy is acceptable but the style of the letters should be changed and that shading of a third color could be used to offset some of the brightness of the red lettering. SIGN APPLICATION. Application by BANK OF AMERICA for architectural approval of revisions to main identification sign for main branch office in 100 • block N. Palm Canyon Dr. , C-B-D Zone, Section 15. Zoning Enforcement Officer stated that the applicant wishes to retain the existing sign but desires to change the metal cabinet color to a dark blue; that staff felt that the dark blue was incongruous with the building which is sand and brown; that the applicant is changing the logo and color style throughout the State; and that the Palm Springs Mall sign program has not yet been submitted. M/S/C (Madsen/Lawrence; Koetting/Kaptur absent; Curtis dissented) denying the sign application. Discussion followed on whether or not a Commissioner is required to vote if a motion is made for purpose of discussion. Commissioner Lawrence suggested that Roberts Rules of Order be reviewed to determine whether or not a Commissioner is required to vote in this particular situation. MISCELLANEOUS ITEMS (Cont'd. ) M/S/C (Madsen/Curtis; Koetting/Kaptur absent) approving time extensions as follows: TIME EXT. TTM 13761 (Ref. Case 5.0232-PD-140) . Request by ASL CONSULTING • ENGINEERS for Bogie Road Development Co. for a 12-month time extension for planned development district on Bogie Rd. between Vista Chino/ Tachevah Dr. , M-1-P & W-M-1-P Zones, Section 7. One year extension of planned development district 140 to 12-1-84 to run concurrently with TTM 13761, subject to all original conditions of approval (with no new conditions) . November 23, 1983 PLANNING COMMISSION MINUTES Page 16 MISCELLANEOUS ITEMS (Cont'd.) . (THIRD AND FINAL) TIME EXT./TTM 17110. Request by J. HACKER & ASSOC. for S. Havens for a 12- month time extension for map for condominium purposes on Chaparrel Rd. between Vista Chino/Cottonwood Rd. , R-2 Zone, Section 1. Approved subject to amended Engineering conditions of November 23, 1983. New expiration date will be 2-4-85. ENVIRONMENTAL ASSESSMENT ITEMS (Cont' d. ) CASE 5.0305-ZTA. Initiation by the CITY OF PALM SPRINGS for environmental assessment of Zoning Text amendment for G-R-5 Zone to allow increased building height. Recommendation: That the Planning Commission order the preparation of a draft Negative Declaration and continue the case to December 14 for further review. Planning Director stated that there are three pieces of G-R-5 Zoning left in the City - the City Corporation Yard, the area around the church near the Palm Springs Medical Center, and some near Vinson Road; that the main purpose of the zoning text amendment is for housekeeping and to allow some additional building height in the Corporation Yard area (which would be no higher than the present height of the existing • building) . M/S/C (Lawrence/Madsen; Koetting/Kaptur absent) ordering the preparation of a draft Negative Declaration, and continuing the case to the December 14 meeting for further review. ARCHITECTURAL APPROVAL ITEMS (Cont'd. ) CASE 7.544. Application by J. CHARLETON for architectural approval of wall above height limit at 635 Grenfall Rd. , R-1 Zones, Section 23. Planner II explained that the AMM Section of the Zoning Ordinance allowed pilasters in the setbacks with the approval of the AAC and the Planning Commission. Discussion followed on the aethestics and height of the wall . It was moved by Apfelbaum to deny the application. After discussion, the motion was withdrawn. M/S/C (Apfelbaum/Lawrence; Koetting/Kaptur absent) den iinng the application based on the quality of the design and the materials. November 23, 1983 PLANNING COMMISSION MINUTES Page 17 ARCHITECTURAL APPROVAL ITEMS (Cont'd. ) • CASE 3.576. Application by H. LACEY for S. Overton for architectural approval of single family residence on Milo Dr. between Sanborn Way/Racquet Club Rd. , R-1-B Zone, Section 3. (Ref. A.M.M. Case 7.542) . M/S/C (Curtis/Madsen; Koetting/Kaptur absent) approving the application subject to the condition that all recommendations of the Development Committee be met. NOTE: Planning Director stated that application was a new home with revised elevations and should not be considered on the Consent Agenda. MISCELLANEOUS ITEMS (Cont'd.) CONSIDERATION. Planning Commission consideration of request to use the Canyon Hotel convention facilities for a one-time special event (prize fight) . (Ref. Case 5.767-CUP. ) M/S/C ('Lawrence/Apfelbaum; Koetting/Kaptur absent) approving the use of the Canyon Hotel convention facility for a one-time special event. 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 5.0238-PD-143. Application by G. MARANTZ for architectural approval of revised final landscape plans for an existing recreational park at 211 W. Mesquite Avenue between South Palm Canyon Drive/Belardo Road, R-3 Zone (portion I.L. ), Section 22. Restudy noting the following: 1. That landscaping on the western boundary of the property be reviewed after construction of the road. 2. That the 40 ft. between the westerly wall and the property line be untouched during grading operations except for the installation of sidewalk, curb and gutter. CONTINUED ITEM DISCUSSION. Commission review of experimental palm tree lighting fixtures. • Continued to December 14, 1983 November 23, 1983 PLANNING COMMISSION MINUTES Page 18 COMMISSION REPORTS, REQUESTS & DISCUSSION - Special Study Session December 13/Cancellation of December 28 :Maeting. Lengthy discussion ensued on the logistics of changing the December study session date. Consensus was to review the December 14 Planning Commission meeting agenda (except for public hearings) on Tuesday, December 13 from 3 to 5 p.m. in the City Council Chamber. The December 21 study session and the December 28 meeting will be cancelled. - Neon Sign Industry Representative Scheduling. A spokesman from the industry will be scheduled for the regular study session of January 18, 1984 since the December 21 study session will be cancelled. Covering of Dirt Hauling Trucks. Planning Director stated that dirt is required to be watered, not covered. Zarowitz House (Case 3.452) . Meeting will be scheduled with architect and owner to resolve problems. Commission consensus was that the roof should be another color besides gray. Planning Director stated that he would try to resolve aesthetic questions with the applicant and the architect in the field on November 28. ADJOURNMENT There being no further business to discuss, Chairman adjourned the meeting at 5:55 p.m. PLANNING DIRECTOR MDR/ml WP/PC MIN ` C GBAND�A A CALIENTE I CAHUILLA LA INDIANS ri}fit 441 SO. CALLE ENCILIA SUITE- 1 PALM SPRINGS, CA 92262 AGUA CALIENTE BAND OF CAHUILLA INDIANS PALM SPRINGS , CALIFORNIA RESOLUTION NO. 83-83 WHEREAS, the City Council/Redevelopment Agency of the City of Palm Springs is now in the process of adopting Redevelopment Plans for certain areas of the City, and WHEREAS , significant portions of the said areas are lands held in trust by the United States for individual members of the Agua Cal- iente Band of Cahuilla Indians; and WHEREAS, the Tribal Council has been informed that, as a legal matter, for any redevelopment to include Indian trust lands the consent of the individual owners, the Tribal Council, and the Bureau of Indian Affairs is effectively necessary; and WHEREAS , discussions have taken place between City staff and Tribal staff and the Tribal Council concerning the limitations which should • be placed on redevelopment in order to protect the interests of the Indian landowners; NOW, THEREFORE, BE IT RESOLVED BY THE TRIBAL COUNCIL bF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS THAT: 1 . The Tribal Council concurs with the findings set forth in City Planning Commission Resolutions No. 3568 and No. 3569 adopted September 28, . 1983 in that the proposed Redevelopment Plans for the South Palm Canyon (Resolution No. 3569) and Ramon-Bogie (Resolution No. 3568) Project Areas and the activities which may be undertaken within the Project Areas conform to the Gen- eral Plan of the City of Palm Springs. 2 . - The Tribal Council endorses the major goals of the proposed Redevelopment Plan for the South Palm Canyon and the Ramon Bogie Redevelopment Project Areas, as outlined in Section 100 of the Plan, on the following conditions : a. The Powers of eminent domain will not be used to acquire any parcels, leaseholds, or other interests in land held in trust by the United States for any individual Indian. All such acquisitions will be by negotiated sale . b. As to any parcel of allotted trust land, the City will not purchase or acquire any leasehold interest from the lessee • without the prior written consent of the lessor . ATTACHMENT 2 C . City staff will consult on a regular basis with Tribal staff in order to keep the Tribal Council informed of all phases of redevelopment , particularly regarding development standards and similar measures as they are being developed for specific projects. d . The fee owners including Indian allottees of real property and present tenants in the Project Area shall be afforded the maximum possible opportunity and assistance to partici- pate in the implementation of the Plan, including reentry into the Area after redevelopment. e . Appeal procedures on matters relating to development of Indian trust land as embodied in Supplemental Agreement No. 1 , dated March 28 , 1978 , to the Contract between the Agua Caliente Band and the City of Palm Springs, dated July 26 , 1977 , shall remain in full force and effect. f . Provisions of Ordinance No. 779 of the City of Palm Springs adopted March 13 , 1967 , shall remain in full force and effect. a . The Tribal Council. reserves the right to modify or withdraw its support, or to add further conditions to its support as specific • projects progress and as conditions require for the protection of the Indian owners and the Band itself . Dated: November 22, 1983 Barbara M. Gonzales, Ch#irman CERTIFICATION I I , the undersigned, the Secretary of the Agua Caliente Band of Cah- uilla Indians, hereby certify that the Tribal Council is composed of five members of whom 4 , constituting a quorum, were present at a meeting whereof , duly called, noticed, convened and held .this 22nd day of November, 1983 ; that the foregoing resolution was duly adopted at such meeting by the vote of 4 in favor, 0 opposed, and that said resolution has not been rescinded or amended in any way. Ric and M. Milanovich, Secretary Y • f f AGUA CALIENTE r BAND OF CAMILLA INDIANS 441 SO. CALLE ENCILIA SUITE 7 PALM SPRINGS, CA 92262 November 22 , 1983 Mr. Kenneth E. Feenstra Redevelopment Director City of Palm Springs P .O. Box 1786 Palm Springs, California 92263 Dear Mr. Feenstra : Reference: Draft Environmental Impact Report and Proposed Redevel- opment Plans - South Palm Canyon and Ramon-Bogie Redevelopment Project Areas The Tribal Council has considered the Draft Environmental Impact Report (EIR) dated September 7 , 1983 , and the proposed Redevelopment Plans received on September 26 , 1983 , for the South Palm Canyon and . the Ramon-Bogie Redevelopment Project Areas. The Tribal Council ' s comments and actions on the Draft EIR and the proposed Redevelopment Plans were taken after consideration of the recommendations of the Indian Planning Commission, the Tribal Planning Consultant, and the Tribal Attorney. At its meeting of June 21, 1983 , the Tribal Council considered the Environmental Assessment/initial Study for these proposed projects. It was noted that a significant portion of the South Palm Canyon Area and a major portion of the Ramon-Bogie Area are comprised of Indian-trust lands. The Tribal Council disapproved any further action to proceed with the redevelopment program until those issues i related' to benefits to the allottees and to the community as a whole, were addressed. In reviewing the -subject documents, the Tribal Council noted that the expected benefits of these projects are reflected in the major goals of the program as outlined in Section 100 of the Redevelopment Plans, and are summarized in Section XII ALTERNATIVES of .the Draft EIR. In general, the Tribal Council felt that these expected bene- fits, which should facilitate a higher level of economic development, outweigh the environmental impacts that have been identified, includ- ing some of those features of the redevelopment process which are often considered as negatives. In its consideration of the Draft EIR, the Tribal Council generally concurred with the findings that the following environmental issues need to be addressed and mitigated for these specific project areas: 2 1 . Significant adverse noise levels in residential areas, partly caused by increased traffic generated from these project areas. 2 . Deteriorating air quality. 3 . Preservation of cultural resources. The proposed mitigation measures appear to be reasonable and appro- priate . The Tribal Council will continue to work very closely with both the public and private sectors in the identification and pre- servation of those resources having special cultural significance to the Cahuilla people. By Resolution No. 83.83 ( copy enclosed) adopted November 22, 1983 , the Tribal Council conditionally endorsed the proposed Redevelopment Plans for the South Palm Canyon and the Ramon-Bogie Redevelopment Project Areas. The final decision as to participation in specific projects involving Indian-trust lands rests with the individual allottee. The Tribal Council takes this opportunity to express its thanks and appreciation to the Redevelopment Agency Staff for its continued • efforts to keep Tribal members and the Tribal Council apprised in matters related to redevelopment programs. J Barbara M. Gonzales Chairman • K