Loading...
HomeMy WebLinkAbout1984/09/26 - MINUTES PLANNING COMMISSION MEETING MINUTES Council Chamber, City Hall September 26, 1984 .,, 1:30 p.m. ROLL CALL F-Y 1984 - 1985 Present Present Excused Absences Planning Commission This Meeting to Date to date Richard Service, Chairman X 5 0 Hugh Curtis X 4 1 Hugh Kaptur X 4 1 Peter Koetting X 4 1 Don Lawrence X 4 1 Paul Madsen X 4 1 Sharon Apfelbaum X 3 1 Staff Present Marvin D. Roos, Planning Director Douglas R. Evans, Planner III Siegfried Siefkes, Assistant City Attorney Robert Green, Planner III Margo Williams, Planner II Richard Patenaude, Planner II John Terell, Redevelopment Planner Emily Perri, Economic Development & Housing Specialist Mary E. Lawler, Recording Secretary Architectural Advisory Committee Present - September 24, 1984 James Cioffi, Chairman Earl Neel Michael Buccino William Johnson Hugh Curtis Sharon Apfelbaum Chris Mills Chairman called the meeting to order at 1:30 p.m. M/S/C (Curtis/Koetting) approving minutes of August 22, 1984 with the following correction: Attendance for Sharon Apfelbaum should be "2". M/S/C (Lawrence, Curtis; Kaptur, Madsen absent) approving the Minutes of September 12 with the following addition: Page 23, TTM 17260 and Case 3.645, add to the motion . . . "and approval of TTM 17260". September 26, 1984 PLANNING COMMISSION MINUTES Page 2 CONSENT ACTION AGENDA M/S/C (Curtis/Madsen) taking the following actions: CASE 3.645 (REF. TTM 17260) . Application by HELTZER ENTERPRISES for architec- tural approval of revised carport detail for a 120 unit condominium project on Golf Club Drive between Waverly Drive/Cree Road, R-3 Zone (I.L. ), Section 29. Approved subject to the following condition: That corbels be used on both sides of the support pillar. CASE 3.743 (Minor) . Application by E. LANGMANN for architectural approval of security gates and revised landscape plans for Travelodge Hotel at 333 E. Palm Canyon Drive, R-3 Zone, Section 27. Approved subject to the addition of pilasters to support each gate. (Details to be submitted for staff approval .) SIGN APPLICATION. Application by P'ZAll CLOTHING STORE for architectural approval of main sign on two street fronts for restaurant at 240 N. Palm Canyon Drive, CBD Zone, Section 15. Removed from the agenda pending receipt of plans. PUBLIC HEARINGS CASE 5.0258 - PD-145 (Continued) . Application by ANDREAS COVE COUNTRY CLUB, INC. for certification of the Final EIR and preliminary approval of the Planned Development District for a residential development and golf course on the southerly extension of South Palm Canyon Drive, south of City limits, Section 2, Riverside County (I.L. ) , Riverside County. Recommendation: That the Commission continued the case to October 10 for further review. Chairman abstained; Vice-Chairman presided. Planning Director stated that staff recommends continuance for further review of the extensive mitigation measures and conditions. Planning III stated that further review will be given by staff, the developer and the City Attorney; that late correspondence had been received from the DWA regarding an increase in water usage by the project, if the findings are incorporated into the final EIR; that a meeting will be held with the DWA and the developer regarding this issue and other issues, and that a representative from the DWA is in the audi- ence. He stated that property development standards are being developed which are generally parallel to requirements of the Zoning Ordinance. Vice-Chairman declared the hearing open; there being no appearances, the hearing was closed for the September 26 meeting. September 26, 1984 PLANNING COMMISSION MINUTES Page 3 PUBLIC HEARINGS CASE 5.0258 (Continued) M/S/C (Curtis, Lawrence; Kaptur, Madsen, Service abstained) continuing the case to October 10. In reply to Commission question, regarding the tennis court location and Murray Canyon Drive setbacks, Planner III stated that the staff recom- mendation for tennis court location will remain and conditions will be reviewed at the October 10 meeting. He stated that more specific set- backs on Murray Canyon Drive will be developed after hydrology and engi- neering studies are completed and final development plans submitted; and the specific setbacks will be reviewed as a safety issue. TRIBAL COUNCIL COMMENTS "The Tribal Council 's comments and actions on the Final EIR for the Andreas Cove Country Club project were transmitted to the City Planning Commission by memorandum from the Tribal Planning Consultant dated September 11, 1984. It was noted that the Lead Agency (City of Palm Springs) had concurred with the Tribal Council 's comments and recom- mendations on the Draft EIR, and that the Draft EIR had been amended where necessary to include appropriate mitigation measures. The Triubal Council also commented on the design of certain elements of the pro- ject's infrastructure, and withheld comment on the proposed adoption of a specific master plan alignment for extending South Palm Canyon Drive pending further review by the Indian Planning Commission and Tribal Planning Consultant. The Planning Commission staff report dated September 26, 1984, including attachment #1 (mitigation measures/conditions of approval) were dis- tributed to the Tribal Council and Indian Planning Commission on Septem- ber 24, 1984. After consideration of the recommendations of the Indian Planning Commission and on the understanding that this case is being continued to the City Planning Commission's meeting of October 10, 1984, the Tribal Council withheld comments on the staff report including attachment #1 pending further review and comments by the Indian Planning Commission and the Tribal Planning Consultant of these very comprehen- sive and somewhat complex documents." PUBLIC COMMENTS D. Crowe, 12 Club Circle, E1 Dorado Mobilehome Park, requested that the Commission investigate oily, stagnant water at the mobilehome park entrance, since requests to other agencies have failed. Planning Director stated that the area is a drainage easement, and that the situation will be reviewed. Mr. Crowe stated that the residents of the park cannot determine the source of the water and that the section of water is 20 feet wide and 5 inches deep, and that the channel is asphalted. Planning Director stated that the asphalt of the area was reviewed at a Commission meeting a few years ago but that staff was not aware of the current problem. September 26, 1984 PLANNING COMMISSION MINUTES Page 4 PUBLIC COMMENTS J. Wessman, 72200 Clancy Lane, Rancho Mirage, explained that there is a flood control pipe for drainage water that empties at the entrance of the mobilehome park and was to be finished as a flood control project either by the Riverside County Flood Control or Coachella Valley Water District; and that the Riverside County Flood Control District has taken over the District. He explained his company's involvement in construc- tion of a debris basin and stated that the water has stagnated which explains the odor. He also stated that the City might be able to encourage a quicker response from the Flood Control District in the matter. ENVIRONMENTAL ASSESSMENT ITEMS Environmental evaluation reports were received by the Commission for their review and study prior to the Planning Commission meeting. Further review may be dispensed with and all items approved by motion. TPM 20415. Application by YODER-SHRADER for D. Goss for approval of a Tenta- tive Parcel Map to combine two parcels of land for apartment development at Indian Avenue/Francis Drive, R-2 Zone, Section 2. (Environmental assessment and tentative approval . ) ,.. M/S/C (Koetting, Curtis) ordering the preparation of a draft Negative Declaration, tentatively approving TPM 20415, and continuing the appli- cation to October 10 for Commission response to written comments on the draft Negative Declaration. TTM 20485. Initiation by the CITY OF PALM SPRINGS for a Tentative Tract Map to combine existing parcels and subdivide for condominium purposes on Avenida Caballeros between Tahquitz-McCallum Way/Amado Road, R-4, R-4VP, and C-1-AA Zones (I.L. ), Section 14. (Environmental assessment and tentative approval . ) Planning Director stated that the description is somewhat misleading since the purpose of the map is to separate sublease ownership of the Convention Center and hotel project for expedition of the project prior to the November elections. He stated that there is a caveat on the map conditions so approval of the map will not prejudice the Commission on development conditions, that the lot line shown on the display board separates the Convention Center from the hotel , and that the conditions are standard except for the caveat. He stated that the dual sewer issue in the area has been resolved. M/S/C (Apfelbaum, Madsen) ordering the preparation of a draft Negative Declaration, tentatively approving TTM 20485, and continuing the appli- cation to October 10 for Commission response to written comments on the draft Negative Declaration. September 26, 1984 PLANNING COMMISSION MINUTES Page 5 ENVIRONMENTAL ASSESSMENT ITEMS TTM 20485 (Continued) TRIBAL COUNCIL COMMENTS "An Environmental Assessment/Initial Study and a Planning Commission Staff Report including copy of TTM 20485, were not available prior to the Indian Planning Commission meeting of September 24, 1984. City staff has indicated that City Planning Commission action on the TTM will be continued to October 10, 1984. After consideration of the recommendations of the Indian Planning Com- mission, the Tribal Council withheld action on this case pending receipt and review of the Environmental Assessment/Initial Study and Planning Commission Staff Report." TENTATIVE TRACT AND PARCEL MAPS Planning Director reviewed and explained the maps and the Planning Com- mission discussed and took action on the following tract and parcel 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 17778 (Revised) . Application by ASL CONSULTING ENGINEERS for Fairport Construction for approval of revised tentative parcel map for lot con- solidation for construction of a single industrial building on Gene Autry Trail, between Chia Road/Tachevah Drive, M-1-P Zone, Section 7. (Given environmental assessment previously in conjunction with approval of original map) and CASE 3.689 (REF. TPM 17778) . Application by CHRISTIAN ASSOCIATES for Fairport Construction, Inc. for architectural approval of revised elevations for industrial building on Gene Autry Trail between Tachevah Drive/Chia Road, M-1-P Zone, Section 7. Planner III (Green) stated that the proposal was a restudy because of the large amount of curb cuts and also for revisions to the elevations. He stated that a combined driveway helps to alleviate the problem of many curb cuts. Chairman questioned whether or not a combined driveway could be required if necessary if adjacent property develops. Assistant City Attorney stated that a condition could be developed that would require the applicant to make available a driveway for adjacent properties should the need arise. September 26, 1984 PLANNING COMMISSION MINUTES Page 6 TENTATIVE TRACT AND PARCEL MAPS TPM 17778 & CASE 3.689 (Continued) Discussion followed on possible impacts created by development of the property to the north. Planning Director stated that the doors on the building to the north were not approved by the Planning Commission and this was not discovered in plan check. G. Pike, ASL Consulting Engineers, 2045 Tahquitz-McCallum Way, repre- senting the applicant, requested that the Commission consider that there is a development to the north of the site (the EDD building) ; and that the project had been recommended for approval by the AAC subject to modification of the site plan; additional landscaping, and submission of working drawings and a detailed landscape plan. Commissioner Koetting stated that there is no need to review the site plan again, since there is a caveat regarding a shared driveway if found necessary. M/S/C (Koetting, Curtis; Madsen abstained) approving TTM 17778 revised and Case 3.689 subject to the following conditions: 1. That stucco be returned approximately 6 feet on the north and south ends of the western elevation. 2. That a joint driveway be employed if the need arises because of property development on the north. 3. That the distance between the edge of the parking space on the proposed southern elevation and the face of the curb on the adjoining existing building be 26 feet with the space created devoted to landscaping on the north and south of the building. 4. That all recommendations of the Development Committee be met. 5. That working drawings and detailed landscape plans be submitted. MISCELLANEOUS ITEMS DISCUSSION-CASE 5.0294-PD-151. Planning Commission discussion of revised site plan for a Planned Development District for an RV park on North Palm Canyon Drive between Gateway and extension of Tramview Road, R-1-C Zone, Section 34. (Requested by the City Council .) Planning Director stated that the applicant is no longer proposing an RV park, and has developed a revised plan at the direction of the City Council to remove the RV park and propose an apartment complex. He stated that the Council denied the RV park portion of the proposal and returned the apartment portion to the Commission for review and that the Commission should discuss the PD concept as it relates to a partial plan, and whether or not an additional public hearing is necessary. He also requested concerns and suggestions and conditions of the Commis- sion. He stated that the proposal will develop 20 units per acre (all September 26, 1984 PLANNING COMMISSION MINUTES Page 7 MISCELLANEOUS ITEMS DISCUSSION-CASE 5.0294 (Continued) two-story) in the Desert Highland/Gateway Estates area and has the sup- port of the area and that the proposal will have a high-density complex on 25% of the 80 acres, which leaves 60 acres that have no plan and can be developed to a 144 unit density although part of the PD. He stated that the proposal will have a similar construction impact as the origi- nal proposal , that the AAC suggested more open space and that the project be more family oriented, although the developer is not neces- sarily proposing a family complex because park areas have a high devel- opment and maintenance consideration. He stated that the developer is interested in developing affordable housing and that the developer will request a density transfer. He stated that the applicant is not at the meeting, and will come later. Discussion followed on consideration of a new public hearing, the possi- bility of a partial PD, and density transfer. Commissioner Madsen suggested that the PD boundaries be in the middle of the road, exclude the vacant land and limit the density transfer. Plan- ning Director stated that 75% of the units are on 25% of the property, and that open space could be developed on the vacant portion in conjunc- tion with the Katrina Heinrich hotel , such as a health spa, golf course or open space. Chairman suggested a windrow on the north side of the proposed project and provision of a school site. He also suggested that driveways and buildings be clustered for definition of neighborhood areas. Discussion continued on the requirement of a public hearing. Planning Director stated that originally Mrs. Heinrich was opposed to the pro- ject, but is no longer and that the Desert Highland-Gateway Estates area residents feel the project is necessary. Reverend Rollins, Minister of the First Baptist Church, stated that the people of the area need apartment housing and requested that the project be expedited. Chairman stated that a public hearing would be scheduled at the advice of the City Attorney, that the Commission feels that the project is viable and that plans addressing Commission concerns should be submitted as soon as possible and the project expedited. Note: Kaptur and Lawrence abstained from discussion of the project. TRIBAL COUNCIL COMMENTS "While this case does not include Indian trust-lands, the Tribal Council did review and comment on the original site plan at its meeting of June 26, 1984 from the standpoint of its possible adverse visual impacts. It was noted that the project site has considerable frontage on the main entry road to the City of Palm Springs (Highway 111) , was highly visible since the ground elevation is considerably lower than Highway 111, and concerns with the visual impacts of other projects, i .e. wind energy projects. September 26, 1984 PLANNING COMMISSION MINUTES Page 8 MISCELLANEOUS ITEMS DISCUSSION-CASE 5.0294 (Continued) After consideration of the recommendations of the Indian Planning Com- mission, the Tribal Council strongly recommended that in its revised site plan, the City Planning Commission consider the concerns previously expressed by the Tribal Council and others, relative to the project's visual impact." CASE 3.714. Application by PALM SPRINGS ASSOCIATES for Fuddrucker Restaurant for architectural approval of revised elevations for restaurant at 262 S. Palm Canyon Drive, CBD Zone, Section 15. Chairman abstained; Vice Chairman presided. Planner III (Green) stated that the revisions to the elevations were done in response to AAC recommendations and that signs will be submitted separately. He stated that the courtyard will become part of the struc- ture. Commissioner Kaptur questioned whether or not there would be adequate parking for the increased square footage of the restaurant. Planner III stated that the applicants have prepared a parking plan through the Redevelopment Agency with lots in various part of the City which was approved. Commissioner Kaptur stated that he felt that the courtyard should not be enclosed. T. Miyata, representing the contractor, stated that the building line is the same as the original "Old World Restaurant", is set back 10 feet and that the building is the same size as previously. Commissioner Kaptur stated that after reviewing the elevations, he could see that the structure does not extend beyond the original lines. M/S/C (Kaptur, Curtis; Service abstained) approving the application subject to the following conditions: 1. That a detail which extends the fascia line of the second story awning be added to the south elevation. 2. That the trash chute be incorporated within the building struc- ture. 3. That landscape details be submitted (including parking lot details) . 4. That signs be submitted under a separate application. CASE 3.741 (Minor) . Application by J. BUND for Livreri 's Restaurant for architectural approval of revised elevations for restaurant at 350-354 S. Indian Avenue, C-2 Zone (I.L.) , Section 14. September 26, 1984 PLANNING COMMISSION MINUTES Page 9 ARCHITECTURAL APPROVAL ITEMS CASE 3.714 (Continued) Planner II (Williams) stated that except for the south elevation, the structure will remain as it is and that a new sign program will be sub- mitted. J. Bund, 73-960 Hwy 111, Palm Desert, the architect, reiterated that the applicant will remodel his restaurant and other elevations facing south. M/S/C (Madsen, Apfelbaum; Service abstained) approving the application subject to the following conditions: 1. That the stone material be sympathetic to the existing wall and reviewed by the AAC. 2 That a sign program be submitted for the south elevation. 3. That a revised detail of the southwest corner of the building showing a wing wall or pilasters be submitted for the September 26 Planning Commission meeting (AAC, September 24) . 4. That a sight line study be undertaken by an architect to determine the length of the wall on the north property line. (Wall or screening device to be reviewed at working drawing stage. ) 5. That the service entrance on Indian Avenue be restudied (to be reviewed at working drawing stage) . 6. That working drawings be submitted for review by the AAC. CASE 3.752. Application by CITY OF PALM SPRINGS for architectural approval of redevelopment of McCallum building for retail stores and restaurant on Tahquitz-McCallum Way between Indian Avenue/Palm Canyon Drive, CBD Zone, Section 15. Planning Director stated that not all the detailed plans normally sub- mitted in application have been submitted, but that the AAC recommended approval subject to submission of the detailed plans. He stated that reports will be given by the Library Board and the HSPB (Historical Site Preservation Board) . Chairman requested that the City Redevelopment Agency make all efforts to make the rear alley behind the project a service alley. Planning Director stated that there is a driveway access off Tahquitz- McCallum Way which could be a loading zone. J. Wessman, 72-200 Clancy Lane, Rancho Mirage, the applicant, stated that perhaps the Redevelopment Agency could help to obtain an alley behind the Plaza Theater that could be used for service trucks. He stated that the auditorium will be used for retail and that air condi- tioning is already screened on the building. September 26, 1984 PLANNING COMMISSION MINUTES Page 10 ARCHITECTURAL APPROVAL ITEMS CASE 3.752 (Continued) M/S/C (Kaptur, Curtis; Madsen abstained) approving the application subject to the following conditions: 1. That all recommendations of the Development Committee be met. 2. That the concept is approved subject to submission of paving, roof plan materials, parking, landscape, and mechanical equipment details. 3. That the City Redevelopment Agency work with the property owners to obtain the alley to the south of the project site for a service alley. Mr. Wessman stated that he wanted to open the rear of the library build- ing for a courtyard, will work with the Library Board regarding this plan and hopes to convince the owners of the building south of the pro- ject to remodel . CASE 3.753 (Ref. Case 5.0275-PD-147) . Application by HKS ASSOCIATES for E. DeBartolo Corp. for architectural approval of parking structure for remodel of mall (Desert Inn Fashion Plaza) and construction of hotel on N. Palm Canyon Drive, north of Tahquitz-McCallum Way, CBD Zone, Section 15. M/S/C (Madsen, Curtis; Kaptur absent) for Restudy of the application noting that the design should relate to the balance of the project. (Design elements from the rest of the project should be integrated.) ADMINISTRATIVE NOTE Chairman circulated a copy of a Forbes Magazine article of October, 1984 which referred to Palm Springs, economy and its vitality. He stated that he is not sure that the picture depicted of the City is accurate. PUBLIC HEARINGS (Continued) CASE 5.0329-GPA (Continued) . Initiation by the CITY OF PALM SPRINGS of an amendment to the General Plan from "Professional" to "General Commer- cial" or such other designations as the Commission finds appropriate on the southwest corner of Sunrise Way/Ramon Road, RGA-(8) Zone, Section 23. (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 GPA 5.0329. September 26, 1984 PLANNING COMMISSION MINUTES Page 11 PUBLIC HEARINGS (Continued) `., CASE 5.0329-GPA (Continued) Planning Director described a "concept Planned Development District" which include specific development standards and uses which will apply to a property with development plans submitted and processed as required in Section 9407.00 - "Planned Development District". He stated that a "Professional - Limited Commercial" designation is recommended for the southwest corner of Sunrise and Ramon (the subject site), that the Assistant City Attorney has been an advocate of zoning consistency with the General Plan, and feels that a Planned Development District without a plan is not consistent with the zoning the operative function. He stated that in the subject case the Planned Development District will be the operative zoning function. Chairman stated that the concept PD allows a developer for the first time to work in partnership with the City to develop a site. J. Wessman, 72-200 Clancy Lane, Rancho Mirage, stated that he agreed with staff's concept but would prefer that the wording "may include specific development standards" be changed to "shall include specific development standards". He stated that standards need to be developed between the developer and the City, since rigid criteria creates diffi- culties in development. Chairman stated that there could be a problem with the developers stating (after concept approval) , that the standards have been met but the Commission would not approve the project. Mr. Wessman stated that the "Concept PD" will not allow the developer to develop whatever he wants. Discussion followed on Chairman's concern. Mr. Wessman stated that the General Plan Amendment (GPA) will allow more flexibility in building projects according to the property's potential . Commissioner Kaptur stated that the County does not allow any architec- ture to be shown at a hearing so that architecture does not prejudice the action. He stated that zoning should correspond to the area in which it is proposed. Mr. Wessman stated that he preferred that the PD - Commercial concept be undertaken as the first step to see if the zoning proposed is appli- cable. Chairman stated that the flexibility to use the PD would still be that the use is consistent with the underlying general plan. In reply to a Commission question, Planning Director stated that the General Plan and zoning were brought into consistency in 1973, although there is no firm definition of consistency. M/S/C (Madsen, Curtis; Lawrence abstained) ordering the filing of a Negative Declaration and approving GPA 5.0329 with a "Professional - Limited Commercial Designation" for the southwest corner of Sunrise Way/Ramon Road per staff recommendations as follows: September 26, 1984 PLANNING COMMISSION MINUTES Page 12 PUBLIC HEARINGS (Continued) CASE 5.0329-GPA .(Continued) "A combined "Professional-Limited Commercial" designation is recommended for the southwest corner of Ramon Road and Sunrise Way. The three acre parcel is severed from residential uses by the Baristo Flood Channel and can function as an extension of the existing commercial area north of Ramon Road. The mixed use designation will help to buffer the complex from the adjacent residential area and limit the impacts of commercial uses. It is suggested that a Planned Development District or "Planned Commer- cial" zoning designation be used to implement the General Plan." and with the following Zoning Text Amendment (per staff recommendation) to be noticed for public hearing: "Where a planned development district in lieu of a change of zone is recommended and where the applicant has not prepared a pre- liminary development plan, the Commission may recommend to the Council that a concept PD be established. The concept PD shall include specific development standards and uses which will apply to a property. Preliminary and final development plans shall be submitted and processed as set forth in Section 9407.00 - Planned Development District." MISCELLANEOUS ITEMS (Continued) DISCUSSION-CASE 5.0294-PD-151 (Continued) Chairman stated that the applicant in Case 5.0294 is now present and that there is a broad consensus of the Planning Commission that the project should proceed with a number of recommendations by the Planning Commission: He stated that a public hearing is necessary as a for- mality, although it would not be detrimental to the project and that positive testimony has been taken from Rev. Rollins. He requested that the applicant discuss the project if he desired. Mr. S. Broxmeyer, the applicant, requested clarification of the Commis- sion recommendations especially on density requirements. Chairman stated that there is no recommended reduction in the units and asked the applicant to meet with staff regarding the recommendations. PUBLIC HEARING ITEMS (Continued) CASE 5.0286-ZTA (Continued) . Initiation by the CITY OF PALM SPRINGS for an amendment to the zoning text for regulation of drive-through facilities for commercial and industrial zones (except CBD-Central Business Dis- trict Zone) city-wide. (Commission response to written comments on draft Negative Declaration, action for filing, and final approval . No comments.) September 26, 1984 PLANNING COMMISSION MINUTES Page 13 PUBLIC HEARINGS (Continued) ., CASE 5.286-ZTA (Continued) Recommendation: That the Commission order the filing of a Negative Declaration and approve Zoning Text Amendment 5.0286. Chairman declared the hearing open; there being no appearances, the hearing was closed. Planner II (Patenaude) stated that the staff report has been revised to reflect Commission concerns expressed at the October 19, 1984 study ses- sion as follows: Page 3 - Add "all drive-through facilities shall be under a CUP." and place under "General Conditions" as new section. Page 4 - Section added for the CBD Zone to modify a portion of the uses prohibited; drive-in retail stores are revised to "drive-in and drive- through facilities". Also the number of standing spaces is revised from 3 to 7; provisions not to extend into the public right-of-way were added as no interference with internal circulation patterns. Planning Director stated that there are no stacking space requirements presently, because drive-through restaurants are not allowed. Chairman stated that there should be a requirement for a CUP for drive-through facilities so drive-throughs could be judged on an individual basis. Planning Director stated that the words "unless approved by the Commis- sion" could be added to this section. He stated also that drive- throughs are prohibited in the CBD Zone. Discussion followed on stacking of cars in relation to the number of cars. Planning Director stated that the provision has been made for banks but not for restaurants which use all of the spaces allotted. Planning Director stated that wording in Section 9306.00(c)1.8 - Drive- through Facilities has been revised to state "Planning Commission" instead of "AAC" which allows flexibility on Items 1 through 4 under that Section. M/S/C (Madsen, Apfelbaum) ordering the filing of a Negative Declaration and approving Case 5.0286-ZTA per staff recommendations with revisions as noted by staff. CASE 5.0325-GPA (Continued) . Initiation by the CITY OF PALM SPRINGS of an amendment to the General Plan text allowing hotels, resorts, and the like in residential areas not otherwise specified for such development as long as the General Plan density is not exceeded, city-wide, includ- ing all existing General Plan areas. (Commission response to written comments on draft Negative Declaration, ., action for filing and final approval . No comments.) Recommendation: That the Commission order the filing of a Negative Declaration and approve Case 5.0325-GPA. September 26, 1984 PLANNING COMMISSION MINUTES Page 14 PUBLIC HEARINGS (Continued) CASE 5.0325-GPA (Continued) Chairman declared the hearing open; there being no appearances, the hearing was closed. Planning Director stated that there are no further staff recommendations other than the addition of "and further that the proposal can be shown to be compatible with the surrounding land uses" in response to Commis- sion concern over impacts to existing neighborhoods. He stated that the Planning Commission can be discretionary in its approvals of proposed projects and that the Zoning Text Amendment will allow flexibility for the development of high quality hotels and resorts and will expedite the process. In response to Commission question, he stated that the con- trols are in the Conditional Use Permit and Planned Development District processes which are discretionary and require public hearings. In response to Commission question regarding Tribal Council concerns, he noted as follows: 1. Reiteration of previous comments and concerns. A. TC: Change in City's land use policies regarding new hotel devel- opment. Planning Director: Policy is not aimed at high density hotels and the Council and Planning Commission have been operating on the basic policy that has been proposed for lower density resorts. B. TC: Full identification of issues: Planning Director: All issues have been discussed in general but developments will be reviewed individually under discretionary approvals including additional environmental review. C. TC: Negative Declaration not appropriate in view of the signifi- cant environmental impacts. Planning Director: Discretionary issues are subject to further environmental review and cumulative impacts on hotels are less than condominiums and apartments. D. TC: Hotel Impact on residential neighborhoods. Planning Director: Has been discussed. Each hotel proposal will be addressed individually in conjunction with its impact on the neighborhood. E. TC: Additional traffic resulting in an increased emissions and air quality degradation. Planning Director: Has been discussed. Traffic impacts will be reviewed on an individual basis. Environmental Impact as a whole is less for a hotel unit than a condominium, apartment or single family unit. September 26, 1984 PLANNING COMMISSION MINUTES Page 15 PUBLIC HEARINGS (Continued) CASE 5.0325-GPA (Continued) F. TC: Proposal to develop hotels, resorts not presently designated on the General Plan as high density be considered as a change in land use and evaluated individually. Planning Director: This is being addressed. Proposals will be reviewed on a case by case basis to see if they are compatible with the neighborhood and have the proper infrastructure. Pro- posal is not to increase density but to use existing General Plan density. Density increases would require General Plan Amendment. 2. TC: Question plans that hotels/resorts will be developed in outlying areas and the 40 acre site requirement would preclude hotels from being built in existing neighborhoods. Planning Director: The 40 acre site requirement will generally preclude development in existing neighborhoods and the central city core. M/S/C (Apfelbaum, Madsen) ordering the filing of a Negative Declaration and approving Case 5.0325-GPA with an additional caveat as follows: "and further that the proposal can be shown to be compatible with the surrounding land uses". TRIBAL COUNCIL COMMENTS "In keeping with its policy to consider all proposed General Plan Amend- ments which could materially affect Indian trust-lands, this case was considered by the Tribal Council at its meetings of August 7th and September 11, 1984. After consideration of the recommendaitons of the Indian Planning Com- mission, the Tribal Council took the following actions: 1. Reiterated its previous comments and concerns which were as follows: A. Noted that this proposed amendment to the General Plan text would be a very significant change in the City's current land use policies related to hotel developments which were adopted in 1966. B. Questioned if all the issues that would be involved in this policy change have been idientified and/or fully addressed in the analysis set forth in Planning Commission Staff Report dated August 8, 1984. C. Expressed a strong concern that a Negative Declaration would not be appropriate in view of the potential significant environmental impacts of this proposed General Plan text amendment. September 26, 1984 PLANNING COMMISSION MINUTES Page 16 PUBLIC HEARINGS (Continued) CASE 5.0325-GPA (Continued) D. Noted that the potential impact of the commercial uses normally associated with a hotel , on a residential neighbor- hood were not addressed in the Environmental Assessment/Initial Study and Planning Commission Staff Report dated August 8, 1984. E. Noted that the additional alternative of a resort hotel as evaluated in the Final EIR for the Andreas Cove Country Club Project (Case 5.0258 - PD-145) , resulted in estimated rates of 10.2 trips/day/room for the resort hotel versus the 5.6 to 8.0 trips/day for condominiums, an increase in the range of 27-82%. There would be a corresponding increase in emissions and air quality degradation. F. Strongly urged that proposals to develop hotels, resorts and the like in areas not presently designated on the General Plan Use Element as High Density, be properly considered as a change in land use and evaluated on a case-by-case basis by the normal procedures of conducting appropriate environ- mental studies, General Plan Amendments, changes of zone, etc. 2. Seriously questioned the premise expressed in Planning Commission minutes of September 12, 1984, to the effect that hotels/results would be developed in outlying areas and that the 40-acre site requirement would preclude hotels from being built in existing neighborhoods. Chairman stated that the proposed amendment will act as a magnet to pull hotels into the outlying areas and that staff feels that outlying hotels will not supplant central core hotels, but that he feels that it is not true because of the size of the market place.. He stated that the Plan- ning Commission decision on this General Plan Amendment will affect economics. Commissioner Madsen noted that economics cannot be considered. Discus- sion continued on the concept of outlying hotels versus urban hotels. Commissioner Koetting stated that the concept is needed as a magnet for recreational hotels. Commissioner Kaptur stated that it will encourage developers who had previously not considered Palm Springs. Discussion continued. Planning Director stated that economically there might be a ramification if land on the Chino Cone were marketed as a resort hotel sitewhich might create a higher value to the land for resort hotels than for condominiums. M/S/C (Apfelbaum, Madsen) ordering the filing of a Negative Declaration and approving GPA 5.0325 subject to staff recommendations, including the additional caveat "and further that hotel proposals can be shown to be compatible with surrounding land uses". CASE 5.0252-F-MISC. Initiation by the CITY OF PALM SPRINGS for public and Commission comments on the draft Environmental Impact Report (DEIR) of September 26, 1984 PLANNING COMMISSION MINUTES Page 17 PUBLIC HEARINGS (Continued) CASE 5.0252-F-MISC (Continued) the proposed redevelopment plan for the Highland-Gateway Redevelopment Project Area. (The Planning Commission on June 22, 1983, recommended that a focused EIR be prepared for the subject proposal . ) Recommendation: That the Commission adopt the resolution finding that the Redevelopment Plan is consistent with the City's General Plan and certify the EIR for the Highland-Gateway Redevelopment Project Area. Redevelopment Planner stated that the project area boundary has changed from a vacant land area to a developed area, and that the revised EIR reflects the change. He stated that one vacant site is a shopping center site which would have specific environmental concerns with the balance of the area in subdivided and industrial lots with a very active community organization with which staff has been working. He stated that the Department of Fish and Game has indicated that the fringe-toed lizard habitat is no longer in the project area and that the remainder of the document is legal language which states that the Redevelopment Agency must comply with the existing General Plan and zoning. He requested Commission comments. In response to Commission question, he stated that the land area of the Broxmeyer project has been excluded because it is vacant and that State law requires that no more than 20% of the project area be vacant. Chairman declared the hearing open; there being no appearances, the hearing was closed. Redevelopment Planner stated that the Redevelopment Agency will strengthen the neighborhood, solve problems of the old industrial area, and develop a shopping center for the area to provide additional employ- ment opportunities and income to help solve other problems, and that a major objective is provision of additional housing in an area which has not built a single family residence in 20 years. M/S/C (Madsen, Curtis; Lawrence abstained) adopting the resolution find- ing that the Redevelopment Plan is consistent with the City's General Plan and certifying the draft EIR for the Highland-Gateway Redevelopment Project Area. CASE 5.0331-ZTA. Initiation by the CITY OF PALM SPRINGS of an amendment to the zoning text to regulate day care facilities in all zones, citywide. (Commission response to written comments on draft Negative Declaration, action for filing and final approval . No comments received. ) Recommendation: That the Planning Commission order the filing of a ,�, Negative Declaration and approve the Zoning Text Amendment. September 26, 1984 PLANNING COMMISSION MINUTES Page 18 PUBLIC HEARINGS (Continued) CASE 5.0331-ZTA (Continued) Planner II (Williams) stated that staff is proposing to expand areas allowing day care centers due to recent changes in the State law relat- ing to the establishment of day care facilities. She stated a land use permit would be required in some cases. Chairman declared the hearing open; there being no appearances, the hearing was closed. In response to Commission question, Planner II stated that State law allows up to 6 children without licensing and that the County regulates from 7 to 12 children. She stated that nursery schools are larger and regulated by the State, and that State law preempts all local jursidic- tions. Assistant City Attorney also stated that the State preempts the field. Commissioner Koetting stated that the circumstances are unusual since the City allows a business in a home provided that there is no business conducted from the home itself, but in this case, traffic is being generated by loading and unloading of children. Planning Director stated that the State preempts the City in this area and that each day care center requires a license from the Department of Social Services regardless of size. In reply to Commission question, Assistant City Attorney stated that complaints would be the key for abatement of the usage, and that a nui- sance is considered a public nuisance if it affects a significant por- tion of the population and a private nuisance if it affects less than that. He stated that a local agency can only act on a public nuisance. Planner II, in reply to Commission question, stated that the CUP process if required when over 12 children are cared for in the home. Planning Director stated that centers with over 12 children are required to be licensed by the State. M/S/C (Kaptur, Madsen) ordering the filing of a Negative Declaration and approving Case 5.0331-ZTA. TRIBAL COUNCIL COMMENTS In keeping with its policy to consider all proposed amendments to the Zoning Ordinance which could materially affect Indian trust-lands, this case was considered by the Tribal Council at its meeting of September 11, 1984. Final action on this case was continued pending receipt and review of the proposed revisions to the zoning text. After consideration of the recommendations of the Indian Planning Com- mission, the Tribal Council took the following actions: September 26, 1984 PLANNING COMMISSION MINUTES Page 19 PUBLIC HEARINGS (Continued) CASE 5.0331-ZTA (Continued) 1. Concurred with the filing of a Negative Declaration with mitiga- tion measures to include the addition of conditions of approval on specific projects to the extent necessary and/or permissable under State Law, in order to assure compatibility with area development. 2. Concurred with the proposed revisions to the zoning text as set forth in Planning Commission Staff Report dated September 26, 1984. Commissioner Kaptur left the meeting. CASE 5.0332-PD-161. Application by R. STOUT for the Church of Christ for a Planned Development District (PD) to allow operation of a church pre- school in an existing facility at 1450 N. Avenida Caballeros, R-1-A Zone, Section 11. (This action is categorically exempt from environmental assessment per CEQA guidelines.) Chairman declared the hearing open; there being no appearances, the hearing was closed for the September 26th meeting. Planning Director stated that the application is being continued to October 10th for noticing. M/S/C (Koetting, Apfelbaum; Kaptur absent) continuing the case to October loth. CASE 5.0334-GPA. Initiation by the CITY OF PALM SPRINGS of an amendment to the General Plan Street Plan to delete Andreas Road from Calle Alvarado to east of Avenida Caballeros as a secondary thoroughfare and to elimi- nate Calle Alvarado from Tahquitz-McCallum Way to Andreas Road as a col- lector street, Section 14. (This proposal was previously assessed in conjunction with the Tahquitz- Andreas Environmental Impact Report.) Recommendation: That the Planning Commission approve Case 5.0334-GPA. Planning Director stated that the streets described in the General Plan Amendment are part of the Convention Center project, and that the street system is adequate to accommodate increased traffic with the above described portions deleted. ��.. Chairman declared the hearing open; there being no appearances, the hearing was closed. M/S/C (Koetting, Madsen; Kaptur absent) approving Case 5.0334-GPA. September 26, 1984 PLANNING COMMISSION MINUTES Page 20 PUBLIC HEARINGS (Continued) CASE 5.0334-GPA (Continued) TRIBAL COUNCIL COMMENTS "After consideration of the recommendations of the Indian Planning Com- mission, the Tribal Council took the following actions: 1. Concurred with City staff's recommendation to amend the General Plan by deleting Andreas Road as a secondary thoroughfare between Calle Alvarado and Avenida Caballeros, and deleting Calle Alvarado as a collector street between Andreas Road and Tahquitz-McCallum Way on the understanding that: A. This General Plan Amendment will facilitate the development of the proposed convention center and hotel complex as an integrated facility. B. Appropriate action will be taken to re-establish the subject sections of Andreas Road and Calle Alvarado to their present classification in the event the convention center and hotel complex are not constructed at this location." MISCELLANEOUS ITEMS (Continued) M/S/C (Madsen, Koetting; Kaptur absent) continuing the following items to October 10: DETERMINATION. Planning Commission review of Desert Water Agency Capital Improvement Program. DETERMINATION - CASE 10.343. Planning Commission determination that a micro brewery is an allowable use in the M-1 Zone. CASE 5.0338-MISC. Application by A.R.I. for construction of an industrial ui ding at 2625 Indian Avenue south of I-10, in the Sphere of Influ- ence. M/S/C (Madsen, Curtis; Kaptur absent) taking no action on the proposal until the County's Sphere of Influence Plan is completed. September 26, 1984 PLANNING COMMISSION MINUTES Page 21 MISCELLANEOUS (Continued) DISCUSSION. Request by the BLM to review and comment on the draft Environ- mental Assessment and Route Analysis for route relocation, acquisition and construction of the south half of Whitewater segment, Pacific Crest National Scenic Trail , Sections 22, 23 (City Limits, 24, 13, 14) Sphere of Influence. Planner III (Evans) that the Alternative "A" roadway alignment meets all criteria. M/S/C (Apfelbaum, Curtis; Kaptur absent) recommending to the City Council that Alternative "A" be approved. DETERMINATION - CASE 10.345. Request by staff for Planning Commission determination that a day-care/nursery school is an appropriate use at the former Francis Crocker Branch Library, "0" Zone, Section 2. Planning Director stated that the Zoning Ordinance was amended to allow the Commission the ability to determine the appropriate uses of City facilities in the "0" Zone, primarily around the Pavilion and Angel Stadium, but no specific use was set forth for the Francis Crocker Library. He stated that exterior alterations to the building would require AAC approval . M/S/C (Madsen, Apfelbaum; Kaptur absent) determining that a day care `�— center is an allowable use in the former Francis Crocker Branch nch Library. DISCUSSION. Request by staff for discussion of changes to neighborhoodsho - p ping center (CDN) zoning standards to allow night clubs. Planning Director stated that the determination was initiated in response to an aerobics studio/teen nightclub proposal and that the neighborhood shopping center zone prohibits cocktail lounges and night- clubs. He stated that the issue is whether or not a neighborhood shop- ping center is an appropriate place for a nightclub. After discussion regarding primary and secondary uses, Commission con- sensus was that the issue should be discussed at the October 17th study session. Chairman stated that a CUP should be required in order to obtain a liquor license and the application reviewed on an individual basis before the business begins operation. CASE 11.18 - STREET NAME CHANGE. Planning Commission discussion of hearing date for changing street name of Tahquitz-McCallum Way for October 24, 1984. Planning Director stated that the Council reviewed Planning Commission's suggestions to change names of Tahquitz-McCallum Way and Indian Avenue September 26, 1984 PLANNING COMMISSION MINUTES Page 22 MISCELLANEOUS (Continued) CASE 11.18 - STREET NAME CHANGE (Continued) and consensus was to remand the Tahquitz-McCallum proposal to the Plan- ning Commission for a public hearing. He stated that the Council did not find that a name change for Indian Avenue is appropriate and that there have been several suggestions regarding renaming of Tahquitz- McCallaum Way, i .e. , Tahquitz Canyon, Tahquitz Parkway, and Tahquitz Way. He stated that the HSPB suggested that McCallum not be excised east of Sunrise, and that staff suggested that E1 Cielo could be renamed McCallum Way. M/S/C (Madsen, Curtis; Kaptur absent) scheduling a public hearing for October 24, 1984 for changing the street name of Tahquitz-McCallum Way. COMMISSION REPORTS, REQUESTS AND DISCUSSION Suggested Motions for Agenda Items. Discussion ensued on the procedure. Consensus was that the suggestion should be "motion, if desired". City Council/Planning Commission/AAC joint dinner meeting. Scheduled for November 5 at 6:30 p.m. in the Club Room of the Spa Hotel . Commis- sioners to inform staff if they can attend. Joint Planning Commission/EDC study session. Scheduled for October 17 from 3 - 5 p.m. in the Large Conference Room. Moscone Convention Center. Chairman stated that he had attended a restaurant convention at the Moscone center in San Francisco which is a new large facility, and discussed success of convention centers with restauranteurs. He stated that the consensus was that the success of centers lies with its administration. ADJOURNMENT There being no further appearances, Chairman adjourned the meeting at 5:25 p.m. r M RVIN D. OS Plannin Director MDR/ml WP/PC MIN 5