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HomeMy WebLinkAbout1984/10/10 - MINUTES PLANNING COMMISSION MEETING MINUTES j Council Chamber, City Hall October 10, 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 6 0 Hugh Curtis X 5 1 Hugh Kaptur X 5 1 Peter Koetting X 5 1 Don Lawrence X 5 1 Paul Madsen X 5 1 Sharon Apfelbaum - 4 2 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 George Parmenter, Traffic Engineer Richard McCoy, City Engineer Kathy Barbosa, Zoning Enforcement Officer I Mary E. Lawler, Recording Secretary Architectural Advisory Committee Present - October 8, 1984 James Cioffi, Chairman Earl Neel Michael Buccino William Johnson Hugh Curtis Chris Mills Absent: Sharon Apfelbaum Chairman called the meeting to order at 1:30 p.m. M/S/C (Koetting/Lawrence) approving minutes of August 22, 1984 as submitted. NOTE: Andreas Cove Country Club (Case 5.0258-PD-145) minutes are attached as Attachment "A" to the October 10, 1984 minutes of the Planning Commission. �C October 10, 1984 PLANNING COMMISSION MINUTES Page 2 CONSENT ACTION AGENDA M/S/C (Lawrence, Curtis; Apfelbaum absent) taking the following action: CASE SIGN APPLICATION. Application by P'ZAll CLOTHING STORE for architectural approval of main sign on two street fronts for clothing store at 240 N. Palm Canyon Drive, CBD Zone, Section 15. Approve as submitted. CASE 3.740 (Minor). Application by R. DICK for architectural approval of addition to existing automobile body repair facility at 180 Oasis Road, M-1 Zone, Section 34. Approved subject to following condition: That there is provision of curb protection to the norther elevation with details to be submitted for staff approval . CASE 3.751 (Minor). Application by J. SHEA for architectural approval of bed- room addition for single family residence at 1690 Ridgemore Drive, R-1-C Zone, Section 1. Approved as submitted. CASE 3.755. Application by the SPA HOTEL for architectural approval of an awning at 100 North Indian Avenue, C-1-AA Zone (I.L. ), Section 14. Approved as submitted. TTM 20415. Application by YODER/SCHRADER for D. Goss for approval of tenta- tive parcel map to combine two parcels of land for apartment development at Indian Avenue/Francis Drive, R-2 Zone, Section 2. (Commission response to written comments on draft negative declaration, order for filing, and final approval . No comments received. ) Approved subject to the following condition: That all recommendations of the Development Committee be met. TTM 20485. Initiation by the CITY OF PALM SPRINGS of 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-4- VP, and C-1-AA Zones (I.L. ) , Section 14. (Commission response to written comments on draft negataive declaration, order for filing, and final approval . No comments received. ) October 10, 1984 PLANNING COMMISSION MINUTES Page 3 CONSENT ACTION AGENDA TTM 20485. (Continued) Approved subject to the following condition: That all recommendations of the Development Committee be met. TRIBAL COUNCIL COMMENTS This matter was considered by the Tribal Council at its meeting of September 25, 1984. Action was withheld pending receipt and review of the Environmental Assessment/Initial Study, the tentative tract map, and Planning Commission Staff Report. After consideration of the recommendation of the Indian Planning Commis- sion, the Tribal Council took the following actions based on the under- standing that: A. The final map of Tract No. 20485 is being recorded to facilitate the leasing, financing and development of PHASE I of the proposed Convention Center/Hotel Complex in Section 14. In the event the proposed project is not constructed on this site, the allotted parcels will be restored to their previous status. A statement to this effect will be included on the recorded map. B. Those sections of Andreas Road and Calle Alvarado proposed to be vacated will be re-established to their former General Plan Clas- sification in the event the proposed project is not constructed on �.. this site. 1. Approved the filing of a Negative Declaration of Environmental Impact with the overriding considerations as set forth in Environmental Assesment/Initial Study dated September 24, 1984. 2. Approved TTM 20485 subject to the conditions outlined in Development Committee minutes of September 21, 1983, with the understanding that this approval shall not prejudice future action by the Tribal Council with respect to the detailed development application. TPM 20358. Application by MAINIERO, SMITH & ASSOCIATES for Rattner Invest- ments for approval of tentative parcel map to combine two lots for apartment complex at the northeast corner of Farrell Drive/East Palm Canyon Drive, R-3 Zone, Section 24. (This item previously given environmental assessment. ) Approved subject to the following condition: That all recommendations of the Development Committee be met. Abstention: Kaptur. I October 10, 1984 PLANNING COMMISSION MINUTES Page 4 CONSENT ACTION AGENDA CASE 3.336 and 5.0106-CUP. Application by D. JUNG AND ASSOCIATES for P.S. Western Marquis Hotel & Villas) for approval of final landscape, irri- gation and exterior lighting plans for property located between Indian Avenue and Calle El Segundo, southerly of Tahquitz-McCallum Way, C-2, C- 1-AA, R4-VP Zones, Section 14. Restudy noting the following: 1. That C. Speciosa be utilized in protected areas only and alterna- tive trees be substituted. 2. That an alternative specimen tree be substituted where the C. Humilus has been deleted. (Orchid trees are suggested. ) 3. That shrubs be increased in size from one to five gallons. (Asparagus fern is acceptable in one gallon size. ) 4. That the ficus (Benjamina and Nitida) along the northerly property line be increased to 24 inch box or greater to provide adequate mass adjacent to the 3-story elevations. 5. That the oleander hedge adjacent to the service driveway (hotel) be restudied (suggestion: vines with a low shrub). 6. That the landscape adjacent to the southerly property line of the villas be restudied to verify quantity and overall screening qualities. 7. That the drip irrigation provided to balcony and roof planters be class 200 PVC with screw-in emitter. 8. That 50% of all trees be 24 inch box or greater. Abstention: Service. CASE 7.566-AMM. J. TERRACIANO for architectural approval of accent wall in excess of 4-1/2 feet for single family residence located at Calle Lileta/Avenida de Elenora, R-1-C Zone, Section 13. Approved as submitted. CASE 3.232. Application by M. LATULIPPE for architectural approval of revised elevations for an industrial building located on Valdivia between Chia and Tachevah Drive, M-1-P Zone, Section 7. Approved subject to submission of revised graphics (details to be reviewed by staff with working drawings) . October 10, 1984 PLANNING COMMISSION MINUTES Page 5 ADMINISTRATIVE NOTE Chairman explained that if a quorum is lacking, the quorum is consti- tuted by those present, not those voting. v� October 10, 1984 PLANNING COMMISSION MINUTES Page 6 Commissioner Madsen came to the meeting and Commissioner Lawrence left. i CASE 5.0327 - PD-11-A. Application by BENEFICIAL STANDARD PROPERTIES INC. for an amendment to a planned development district to allow construction of a 60 foot stucco tower at the north entrance of Palm Springs Mall on Tahquitz-McCallum Way between Farrell/Sunset Way, C-S-C Zone, Section 13. Recommendation: That the Planning Commission approve PD-11-A subject to conditions. Planner III (Evans) stated that he had received two phone calls request- ing information on the location and mechanics of the tower, but neither caller was in opposition after his explanation. He stated that the tower has no real use other than decorative and that lighting details have not been submitted. R. Gentry, the applicant, stated that there are building control panels and a small closet inside the tower. Chairman declared the hearing open. D. Sachson, 2716 Ocean Park Blvd. , Santa Monica, explained that the lighting would be low level and the tower g g (which is purely decorative) has stained glass windows and interior lighting. The architect stated that the tower is lighted inside and has access for maintenance. 0. Kiley, 2777 Baristo Road, voiced opposition stating that the tower is out of proportion with the remainder of the architecture of the center and would set a precedent for development on the east side of the mall for three-story condominiums, is foreign to the neighborhood residential area; and that the lighting and stained glass windows will increase van- dalism and cause maintenance problems. Neither Mr. Gentry nor Mr. Sachson wish to rebut. There being no further appearances, the hearing was closed. Discussion followed on the appropriateness of the tower. Commissioner Kaptur stated that he felt that it does not add to the overall concept of the center. Commissioner Curtis stated that he felt that a tower would add character to the architecture, but that the design is not appropriate. He stated that the AAC was informed that there is not enough room to design the tower as the Committee had recom- mended; and that he could not support the tower as it is presently designed. Chairman stated that there is one issue - that of a 60 foot tower - and that he would have no opposition to it if a more aesthetically designed tower were submitted. October 10, 1984 PLANNING COMMISSION MINUTES Page 7 CASE 5.0327 - PD-11-A. (Continued) M/S/C (Kaptur, Madsen; Apfelbaum, Lawrence absent) denying the applica- tion. Further discussion followed. Commissioner Kaptur stated that he would withdraw his motion for denial (with the consent of the seconder) . M/S/C (Kaptur, Madsen; Apfelbaum, Lawrence absent) for a restudy of the tower elevation to integrate and balance the design with the architec- ture of the center, and continuation of the application to October 24. Commissioner Lawrence returned to the meeting. CASE 5.0330 - PD-160. Application by R. HARRIS ON for the Church of Religious Science of Palm Springs for a planned development district to allow construction of a church on Racquet Club Road between Farrell Drive/ Cerritos Road, R-1-C Zone, Section 1. Recommendation: That the Planning Commission order the preparation of a draft Negative Declaration, tentatively approve the application, and continue the hearing to the October 24 meeting. Planner II (Williams) stated that staff had received three comments regarding the project. She stated that a person in opposition felt that the facility should be located on Vista Chino and that it will create a traffic hazard for children of the neighborhood; and that another adjoining property owner felt that the lighting on the parking lot may shine into her backyard. Commissioner Curtis stated that he lives in a neighborhood where there is a church and neighbors have complained about the outdoor activities at night, although the Council, which has reviewed the particular case, feels that the outdoor activity is a use associated with the church. Planner II stated that any intensification of the use can be reviewed by the Commission, and that the church building buffers noise from the neighboring property. Commissioner Curtis stated that the layout is basically the same as in his neighborhood and that the parking in the back of the church is not buffered. Chairman declared the hearing open. Dr. J. Blaney, Minister of the church, stated that the church has been in Palm Springs for many years and that the parking lot will be vacant most of the week with small classes only held during the week. He stated that the church is fairly quiet and that activities would not be noisy and would not be outdoors. He stated that there are 135 members. There being no further appearances, the hearing was closed. October 10, 1984 PLANNING COMMISSION MINUTES Page 7a CASE 5.0330 - PD-160. (Continued) In response to Chairman's question, Assistant City Attorney stated that if the Comission has concerns about possible impacts on the surrounding neighborhood, a condition addressing this would be appropriate or the Commission could reserve the right to review the project at appropriate times to add or amend conditions. Planning Director stated that staff would recommend that the Commission add a condition stating that no outside activities take place other than those of coming to and leaving services, without approval of the Commis- sion. Planning Director stated, in response to Commission question, that a car wash activity would require approval of the Commission and that the only complaint received regarding outdoor activities for churches was in the case of the First Baptist Church which has been discussed. He stated that most people are reasonably tolerant about churches located in their neighborhoods because churches are good neighbors. M/S/C (Koetting, Madsen; Apfelbaum absent; Lawrence abstained) ordering the preparation of a draft Negative Declaration, tentatively approving PD-160 subject to Development Committee and staff recommendations with an added condition that any outdoor activities occuring prior to 7 a.m. and after 7 p.m. be approved by the Planning Commission, and continuing the case to October 24 for Commission response to written comments on the draft Negative Declaration. CASE 5.0332 - PD-161. Application by R. STOUT for the Church of Christ for a planned development district to allow operation of a church pre-school in an existing facility at 1450 N. Avenida Caballeros, R-1-A Zone, Sec- tion 11. Recommendation: That the Commission order the filing of a Negative Declaration and approval of PD-161. Planner II (Williams) stated that the loading and unloading of children will take place in the church parking lot which has a good circulation pattern; and that staff recommends that if the use is expanded, the Com- mission review the request as a non-public hearing item. She stated that she would have to obtain information on the number of children pro- posed in the pre-school . Commissioner Koetting stated that the play area should be grassed and upgraded. Chairman declared the hearing open. D. Johnson, 801 E. Tahquitz-McCallum Way, representing the applicant, stated that the church is presently licensed for 42 children but may not have that many. He stated that some additional playground equipment will be pruchased. In reply to Commission question, he stated that church staff feels that 33 children will be attending the pre-school with a later review, if more children attend. Planning Director stated that the church school meets the requirements for 42 children. October 10, 1984 PLANNING COMMISSION MINUTES Page 8 CASE 5.0332 - PD-16.1. (Continued) .• Chairman suggested that the use be considered with the State to deter- mine the number of children. There being no further appearances, the hearing was closed. Discussion followed on upgrading of the playground. Partial consensus was that conditions regarding interior space are not within the Commis- sion's purview. Commissioner Koetting stated that he could not support the application without upgrading of the playground. M/S/C (Curtis, Kaptur; Apfelbaum absent; Koetting, Lawrence dissented) ordering the filing of a Negative Declaration based on the following findings and subject to the following: FINDINGS 1. That the Planned Development District application is proper and authorized by the Zoning Ordinance in this case to facilitate the addition of a pre-school day-care center to an existing church located on a secondary thoroughfare. 2. That the development of the proposed facility is in harmony with the various goals and objectives of the General Plan and is not detrimental to uses existing or proposed in the zone. 3. That the 2 acre site is adequate in size and shape to accommodate the proposed intensity of the development. 4. That the site is serviced by Avenida Caballeros, a secondary thoroughfare, which has been designed to carry the quantity and type of traffic expected to be generated by this use. 5. That the project is categorically exempt from the provisions of CEQA. CONDITIONS 1. That loading and unloading of children occur on site adjacent to the classroom area. 2. That the Center be operated from 9 a.m. to 12 noon, Monday through Friday and have a maximum of 33 children. Any increase or expan- sion of the use. shall be administratively reviewed and approved by the Planning Commission. 3. That the parking lot landscaping be renovated in accordance with the original landscape approval (Case 5.491, 9/7/66) or a revised landscape plan submitted in compliance with property maintenance standards (Section 9319.00) . 4. That signs be reviewed under a separate permit application. 5. That all recommendations of the Development Committee be met. October 10, 1984 PLANNING COMMISSION MINUTES Page 9 CASE 5.0332 - PD-161. (Continued) NOTE: Commissioners Koetting and Lawrence dissented because no provi- sions for upgrading of the playground were included in the motion. i CASE 6.345 - VARIANCE. Application by CHRISTIAN ASSOCIATES for P. Gibb for a variance to allow construction of a guest house within setbacks at 795 N. Patencio Road at Canyon Place, R-1-A Zone, Section 10. Recommendation: That the Planning Commission deny the application. Planner III (Green) stated that staff cannot find grounds (including hardship) for granting the variance. 9 9 Planning Director stated that a detached guest house is allowed, pro- vided there are no kitchen or bar facilities to prevent the use of the facility as a rental . Planner III stated that a single-family residence is required to provide two parking spaces and if the carport is enclosed, applicant wants to provide parking in the setbacks. He stated that two objections have been received stating that other residents have to abide by City requirements and the subject property owner should not be exempt. Chairman declared the hearing open. D. Christian, 1000 S. Palm Canyon Drive, the applicant, stated that the structure is in an odd setback situation and was enclosed without a permit, was not visible from the street until a guard rail (now removed) was installed, and that the owner did not realize that the conversion was illegal . He stated that if the carport is acceptable and the guest house not acceptable, the owner is requesting that the guest house be enclosed for a garage, not for living quarters. He stated that his firm had not done the working drawings. Mrs. P. Gibb, 795 N. Patencio, the owner, stated that when she bought the house, she was not aware of the carport problem. She stated that she realize now that building a guest house without a permit is illegal and requested that the guest house be allowed to convert into a garage. There being no further appearances, the hearing was closed. Discussion followed on previous Council actions on the property. Planner III stated that the carport and the wall were denied by the Commission but approved on appeal to the Council, and that if the Com- mission approved a garage, it would encroach five feet into the setbacks. Planning Director stated that the required setback is 20 feet. Commissioner Madsen stated that the Commission denied the application in 1981 and could not approve it now, since the legal grounds are the same. M/S/C (Madsen, Lawrence; Apfelbaum absent) denying the application based on the following findings: October 10, 1984 PLANNING COMMISSION MINUTES Page 10 CASE 6.345 - VARIANCE. (Continued) 1. That the property exceeds minimum lot area and minimum lot dimen- sions and does not have unique circumstances which must be estab- lished to approve such a request. 2. That some adjacent properties are enjoying similar privileges as requested herein. (This may be due to construction prior to the effect of this ordinance and possibly illegal additions. ) 3. That the granting of this variance would be granting of a special privilege. 4. That the granting of this variance request may be materially detrimental to the public health, safety, convenience, or welfare to property and improvements in the same vicinity and zone in which the subject property is located. 5. That the granting of this variance will not adversely affect the General Plan. 6. That the facilities for which relief has been requested do not meet current Uniform Building Codes as amended by the City. 7. That approval of this proposal would set an undesirable precedent for the extension of structures into setback. 8. That R-1-A zoning requires that two covered parking spaces be pro- vided for each unit (Sec. 9306.00 of the Zoning Ordinance) . 9. That two parking spaces are shown on submitted plans, but they do not comply with Ordinance standards which provide for safe maneu- vering of vehicles and cannot be covered unless a variance were approved. PUBLIC COMMENTS None. ARCHITECTURAL APPROVAL ITEMS The Planning Commission reviewed plans, discussed, and took action on the following items involving architectural approval subject to the con- ditions as outlined. CASE 5.0275 - PD-147. Application by HKS ASSOCIATES for E. DeBartolo Corp. for architectural approval of revised plans for parking structure for mall (Desert Inn Fashion Plaza) and hotel on North Palm Canyon Drive north of Tahquitz-McCallum Way, C-B-D Zone, Section 15. Planner III (Green) stated that the AAC approved the concept, but recom- mended revisions to the design and that the 18-foot lights on the perimeter of the second level are not recommended by staff. October 10, 1984 PLANNING COMMISSION MINUTES Page 11 CASE 5.0275 - PD-147. (Continued) a,r Discussion followed on the colors of the concrete for the structure. D. Compton, the architect, stated that no decision has been made on a painted color vs. an integral color, and that integral color is the hardest to control . Commissioner Kaptur stated that the exterior can be sandblasted to blend the colors. Chairman stated that he had attended a meeting on the parking structure and two different design approaches surfaced: 1. That a parking structure is just that and should not be made into something else; 2. That the structure does not have to be unaesthetically designed and that any structure facing the Desert Museum should be more sensitive. He stated that the rendering on the board was a softer version of what he saw in the meeting, but that the structure is not needed and should be held in abeyance until there is a demon- strable need for it. He stated that the structure does not enhance the area nor the project and will be a detriment to the Museum, that the Commission did not expect a full buildout of the project immediately, and that a parking structure had not been reviewed in a public hearing. Commissioner Lawrence agreed, stating that the project was accepted by the Museum because the City promised a sensitive design of any building facing it. He stated that the Commission has an obligation regarding the design (although the Commission does not want to impede the progress of the project) , and that the structure can be designed in a more pleas- ing manner. Commissioner Kaptur stated that one elevation is totally different from the other and suggested a wide concrete band attached to the structure to integrate the elevations. Discussion continued at the board with the architect. Mr. Compton stated that the third parking deck is needed by the DeBartolo Corporation. for its leasing arrangements. Commissioner Koetting suggested that the parking density be transferred to another area downtown and stated that the structure is unbalanced and looks as though it is falling over the sidewalk. Mr. Compton stated that economics entered into the concept of the struc- ture. Commissioner Koetting remarked that it does not enhance the project and is inappropriate for the site, which has a difficult turning radius. He also stated that it is out of scale and proportion and lacks character. Commissioner Kaptur suggested raising the height of the wall to obscure the dark hole of the interior of the structure. G. Osborne, 505 Los Nietos, Palm Springs, Project Manager for DeBartolo, explained he would address certain factors as follows: 1. The parking structure was presented in concept to the Council and the Commission in May or June of 1984. October 10, 1984 PLANNING COMMISSION MINUTES Page 12 CASE 5.0275 - PD-147. (Continued) 2. The parking structure is vital to the agreement between DeBartolo and Magnins in respect to the location of Magnins. 3. That the structure is vital to the parking capacity of the devel- opment and for the center to function effectively, and the number of parking spaces is per industry standards. He stated that the concept was approved, that agreements have been reached, and the foundations for the project have been poured. He stated that the design addresses the concerns of the AAC and reduces the massing of the parking facility, integrates with the rest of the center and considers the character of the elevation facing the Museum. He stated that the Magnin's elevations and parking facility were presented to the Museum and received no negative comments and that the elevations the Magnin's store were presented to the Council, which also had no negative comments. He requested approval of the parking structure on the basis that it is vital to the construction schedule and to the park- ing capacity of the center, and is key to the business arrangement which DeBartolo entered into on the basis of approval of the concept in June of 1984. Commissioner Kaptur stated that there is a parking need downtown today and that the project design is nearly acceptable. Commissioner Koetting stated that the color is acceptable but that the structure is too massive on the property line in a vital downtown area. Commissioner Kaptur stated that the landscape setback is enough to buffer the building. Mr. Osborne stated that the structure is high because of the deep beam members needed to support the three parking levels, to allow for seismic conditions, and for clearance. Commissioner Madsen stated that lighting is an issue since low level lighting (not 16-foot high lights on top of the structure) is needed. Mr. Osborne explained lighting levels for parking structures to the Com- mission. He stated that the DeBartolo group is interested in public health, safety and welfare of its patrons, and the reason for the light- ing level is also part of an agreement with Sak 's Department Store. He stated that the light standards are 18 feet from the second level , and that the light can be directed away from neighboring properties by the type of lenses used, and explained that the northwest corner is the most appropriate for exiting of the public and explained again that the foundations have been prepared. Commissioner Koetting suggested that the structure be set further back from Museum Drive for more relief. Chairman stated that much time was spent on the project, that he did not remember seeing the design in the spring; and that DeBartolo was given a three phase approval for future buildout. He stated that every time the Commission tries to mitigate impacts of the project, the developer says that delay will cause a cost impact. He stated that if the structure is not softened, he would not support it, and that there is no other struc- October 10, 1984 PLANNING COMMISSION MINUTES Page 13 CASE 5.0275 - PD-147. (Continued) ture in town that is like the proposal which looms on the street. He stated that when future buildout is proposed, the structure could be reviewed but the developer is saying that the Commission has to accept the design, and that the Council and not the Commision will have to approve it. He stated that the structure will not resemble what is being depicted on the landscaped elevations for many years and is not acceptable. Mr. Osborne explained that DeBartolo had proceeded on the assumption that the concept was approved earlier. Commissioner Kaptur stated that there is a 70 foot structure 7 or 8 feet from the curb on Amado Road. Commissioner Lawrence stated that the neighbors were pacified by being told that the structure would be aesthetically acceptable, but the pro- posal is not acceptable and should be returned to the Commission. Commissioner Kaptur stated that the applicant feels that the structure can be designed more aesthetically but DeBartolo wishes to receive maxi- mum use and will lose parking spaces with a different design. Chairman stated that there must be alternatives. Discussion followed with the architect on alternatives and configura- tions of the plan. Planning Director stated that the architect indi- cates that the column line will be at the back of the parking stalls. M/S/C (Curtis, Kaptur; Apfelbaum absent) continuing the application to October 24 for a restudy noting the following comments from the AAC: 1. That the parking deck be recessed approximate 12 inches at the entry between the exhaust fans with a planter provided in this area. 2. That the area of colored concrete be recessed to provide relief in the elevations. 3. That the exhaust fan elements be firred out to provide an increased mass. 4. That landscaping and exterior lighting details for the deck be provided and lighting of a lower scale be employed. CASE 3.747. Application by CHRISTIAN ASSOCIATES for Combs Gates of Palm Springs for architectural approval of aircraft storage hanger on airport property/Camino Bombero, A Zone, Section 13. M/S/C (Kaptur, Curtis; Apfelbaum absent) approving the application subject to the following condition: That final landscape, irrigation, and exterior lighting plans be submitted. October 10, 1984 PLANNING COMMISSION MINUTES Page 14 ENVIRONMENTAL ASSESSMENT ITEM e., CASE 5.0342 - MISC. Initiation by the CITY OF PALM SPRINGS of grant applica- tion for expansion of DeMuth Park (addition of three new softball fields) south of Mesquite between Mountain View/Vella Road, W-R-1-C Zone, Section 19. M/S/C (Kaptur, Curtis; Apfelbaum absent) ordering the preparation of a draft Negative Declaration, and continuing the item to October 24 for Commission response to written comments on the draft Negative Declara- tion. MISCELLANEOUS ITMES (Continued) DETERMINATION - CASE 10.343. Planning Commission determination that a micro brewery is an allowable use in the M-1 Zone. Planning Director stated that the packet of material submitted by the applicant is accurate and no problem as long as the operation obtains a wastewater discharge permit. He stated that staff feels that the use can be allowed with a CUP under current zoning standards, that the operation is not large; and that unless the Commission decides to define a micro brewery as a separate action with a zoning ordinance amendment, the situation is that it is a brewery and not allowed by right of zone. J. Manion, 2753 Golondrina, the applicant, stated that the operation produces less than 10,000 barrels a year and cannot become larger because of the economics of competition with large breweries. M/S/C (Madsen, Kaptur; Apfelbaum absent) determining that a micro brew- ery is an allowable use under a CUP in an M-1 Zone. ARCHITECTURAL APPROVAL ITEMS (Continued) CASE 3.636. Application by MARBELLA ASSOCIATES for architectural approval of flag poles and flags for condominium project on a model road between Calle El Segundo/Calle Alvarado, R-4 Zone, (I.L. ) , Section 14.. Planning Director stated that the plans did not show landscaping, that staff fells that the flag poles vie with the palm trees and should be relocated and will work in conjunction with the architect. He stated that. the flag poles are 30 feet high fiberglass and 4 x 6 foot flags will be flown. M/S/C (Madsen, Koetting; Apfelbaum absent; Kaptur abstained) approving the application subject to staff's working with the architect to relo- cate the flag poles. Commissioners Curtis and Kaptur left the meeting. October 10, 1984 PLANNING COMMISSION MINUTES Page 15 kr, 3.741 (Minor) . Application by LIVRERI 'S ITALIAN RESTAURANT for architectural approval of working drawings for remodel of restaurant at 350-354 S. Indian Ave. , C-2 Zone (I.L. ) , Section 13. M/S/C (Madsen, Lawrence; Apfelbaum, Kaptur, Curtis absent; Service abstained) approving the application subject to the following condi- tions: 1. That the stone/rock architectural details be deleted from the building. 2. That there be two colors or a variance in color on the elevations. 3. That the fence color be darker and more compatible with the awning material . 4. That a sign program be submitted. CASE 5.0221-CUP. Application by Y. DENEBEIM for architectural approval of expansion of church facilities at 425 Avenida Ortega between Via Salida/ Calle Palo Fiero, R-3 Zone, Section 23. Planning Director stated that the applicants will comply with the pre- vious conditions of CUP approval since the funding problem has been solved and that there is an active CUP which can be revoked if the applicants fail to comply with conditions. M/S/C (Lawrence, Koetting; Apfelbaum, Kaptur, Curtis absent) approving the application subject to the following additions: 1. That all recommendations of the Development Committee be met. 2. That final landscape, irrigation, and exterior lighting plans be submitted. 3. That landscaping be installed prior to occupancy of the building. 4. That all conditions of approval of the CUP be met. PUBLIC HEARINGS (Continued) CASE 5.0317 - PD-159. Application by JIMSAIR AVIATION INC. for a planned development district to allow a free standing convenience market/gas station/car wash facility adjacent to the Palm Springs Airport off Gene Autry Trail between Tachevah Drive/Ramon Road, A Zone, Section 18. Recommendation: That the Planning Commission deny the application. Chairman declared the hearing open, there being no appearances the hear- ing was closed for the October 10 meeting. October 10, 1984 PLANNING COMMISSION MINUTES Page 16 CASE 5.0317 - PD-159. (Continued) M/S/C (Koetting, Lawrence; Curtis, Apfelbaum, Kaptur absent) continuing the application to October 24 for the applicants to be present. MISCELLANEOUS ITEMS (Continued) DETERMINATION - (Continued) . Planning Commission review of Desert Water Agency Capital Improvement Program. M/S/C (Lawrence, Madsen; Apfelbaum, Curtis, Kaptur absent) finding that the DWA CIP is consistent with the City's General Plan. ARCHITECTURAL APPROVAL ITEMS (Continued) CASE 3.321. Application by SWR DEVELOPMENT for architectural approval of revised building elevations for condominium project on East Palm Canyon Drive between Gene Autry Trail/Broadmore Drive, R-3 Zone, Section 30. M/S/C (Madsen, Lawrence; Apfelbaum, Curtis, Kaptur absent) continuing the application to October 24. CASE 3.566. Application by J. WALLING for M. Haber for architectural approval for revised landscape plans for a single family residence on West Stevens Road between Via Monte Vista/Camino Del Norte, R-1-A Zone, Section 10. M/S/C (Koetting, Lawrence; Apfelbaum, Curtis, Kaptur absent) approving the application subject to the following condition: That staff approve final landscape in the field. SIGN APPLICATION. Application for PDS SIGNS for Tramway Shell for architec- tural approval of a monument rate sign on North Palm Canyon Drive, C-1 Zone, Section 3. M/S/C (Madsen, Lawrence; Apfelbaum, Curtis, Kaptur absent) approving the sign application subject to the following conditions: 1. That the pole sign be removed prior to installation of the monu- ment sign. 2. That the sign be centered on the masonry base. 3. That revised landscape plans for the front planter in which the sign is positioned be submitted. October 10, 1984 PLANNING COMMISSION MINUTES Page 17 CASE 2.659. Application by L. BIALUS for architectural approval of final lalncscape and irrigation plans for Everybody's Village Parking expan- sion, located at Indian Avenue/Alejo Road, "0" Zone, Section 10. M/S/C (Madsen, Service; Koetting, Lawrence dissented; Apfelbaum, Curtis, Kaptur absent) for approval . There was a tie vote; Chairman continued the application to October 24 for additional Commissioners to be present. COMMISSIONS, REPORTS, REQUESTS AND DISCUSSION. - November 5, Joint Dinner Meeting. Planning Commission, City Council and Architectural Advisory Committee, 6:30 p.m. in the Club Room of the Spa Hotel ; all Commissioners present indicated that they would attend. ADJOURNMENT There being no further business to discuss, Chairman adjourned the meet- ing at 7:00 p.m. 'Planning Director MDR/ml Att: Attachment "A" - Minutes of Andreas Cove Country Club (Case 5.0258-PD-145) . WP/PC MIN 5 Attachment "A" October 10, 1984 PLANNING COMMISSION MINUTES Page 1 PUBLIC HEARINGS CASE 5.0258 - PD-145. 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 (I.L. ) , Riverside County. Recommendations: 1. That the Planning Commission certify the final EIR and approve the preliminary planned development district. 2. That the Planning Commission endorse the concept of annexation of the project area and other areas in the Palm Canyon sphere area, south of the City limit line. Chairman abstained; Vice Chairman presided. Planner III (Evans) stated that two public hearings were held on the project, that the applicant has presented additional exhibits and that some portions of the Staff Report have been changed as follows: 1. Drainage elements setbacks from watercourse(s) are deleted. Staff will defer specific setbacks until review of final development plans. The revised conditions will separate safety issues from biological issues. (Pages 3 and 6) 2. Clarification of wording on flood control aspects. Hardline facilities will be natural rock from the site. (Page 5) 3. Building design and property development standards. The new Attachment II- has been added for clarification. (On file in the Planning Division office; page 7. ) 4. Tennis Complex. Applicant provided additional exhibits which the AAC has not seen. Staff recommendation is for the complex to be moved from the mouth of Andreas Canyon to an alternative location. (Page 7) 5. Implementation of conditions of approval . Off-site traffic and flood control improvements, as identified in the EIR, are being addressed in a development agreement and will be a Planning Com- mission and City Council public hearing item. (Condition#16) 6. DWA letter regarding design criteria for water lines. Letter can be incorporated into the final EIR. The draft EIR projections are adequate for the project. Planner III stated that the final EIR is complete & aset of property develop- ment stardards covering all necessary requirements has been developed and has the ability for amendment based on preliminary or final plans. He Attachment "A" October 10, 1984 PLANNING COMMISSION MINUTES Page 2 CASE 5.0258 - PD-145 (Continued) �... stated that the applicant is concerned about how open space credit is being given (staff recommends 45% open space) and that staff is also recommending that a 20 foot strip along golf course lots be accredited to open space calculations. He then described property development standards for the project (Attachment II) including lot area, lot dimen- sions, density, building height, yards, distance between buildings, open space, walls, parking, minimum unit size, and modifications. In reply to Commission question, he stated that pad heights from the roadway will be determined by the minimum pad height required for Flood Control , that the Planning Commission and Planning Director will deter- mine hillside pads based upon grading plans; and that all site plans will be reviewed by the Commission and Council . He stated that rear yard setbacks for fairway lots will be established in the approval of residential areas. Commissioner Koetting stated that substantial set- backs should be established on the golf course lots. In reply to Commission question, Planner III stated that open space for residential areas is 45% and that credit will be given to areas adjacent to the golf course, and that a 40 acre parcel has been deleted from the project site; this area contained only 8 lots and had very little effect on reduction of open space and density. In reply to a Commission question, Planner III stated that the flood control program may have to be modified because of current negotiations regarding TTM 14920. He stated that Dr. Bean and Tribal Chairman Mila- �"'' novich were present, if there were any questions regarding Tribal Council concerns, he stated that staff is recommending that a 60 foot wide right-of-way be dedicated to facilitate the Master Plan street system, the Indian roadway can be included within the 60 feet, although the Indians want a separate right-of-way. He noted that the Tribal Council wants a reasonable size water and sewer lines to the Indian allotment property, and that the size would be reviewed by the Commis- sion regarding the reimbursement agreement for installation of the lines; stated that it is a standard City requirement; and that the Com- munity Services Commission has expressed opposition to the project although the Commission realizes that it will be built. He stated that the CSC has requested lower density and relocation of the access gate to the northeast corner for better access by equestrians. He also explained that the AAC recommendation was eliminated from the conditions of approval because the AAC is advisory to the Commission and that the Commission should incorporate AAC concerns by motion, if necessary. Commissioner Lawrence requested information on the tennis complex. He stated that the 50 lights on the complex will be easily visible from the Andreas Hills area. Planner III stated that the lights will be visible, but the subject property also has to view lights of the Andreas Hills tennis courts. He stated that the tennis court lights could be lowered in height. Planner III discussed the project configuration at the display board and stated that the Desert Riders ride in the Palm Canyon Wash and feel that the Indians may control access into the Wash, although the Indians have indicated that they will work with affected groups to resolve such issues. He stated that the project is proposing rerouting of trails to the perimeter of the project. Attachment "A" October 10, 1984 PLANNING COMMISSION MINUTES Page 3 CASE 5.0258 - PD-145 (Continued) Chairman declared the hearing open. J. Schlect, 801 Tahquitz-McCallum, representing the applicant, stated that the project architect and engineer were present to answer ques- tions. He stated that the project is a culmination of several years work and speaks for itself except for certain areas of the Tribal Coun- cil memorandum which he would addressed as follows: 1A. Signing of an MOA. Applicants request that only those legally required to sign the document sign it. B. Acceptable. C. The Indian canyons access roadway should not be required to be an independent facility (of the 60 foot right-of-way recommended by staff) . Applicant wants the tribal roadway within the 60 foot dedication. D & E. Reimbursement agreement is not acceptable because of uncertainty of future development on South Palm Canyon. Applicant should not be compelled to provide these improvements unless a contribution formula can be established. In reply to Commission question, Planning Director stated that a contribution formula is not typical , and that there are valid concerns by the development team that there might not be additional development although the pro- ject itself causes impacts which require assessment. He stated that an assessment district formula would be acceptable and the condition addressed in the development agreement. T. Wilkes, architect, 2240 University Drive, Newport Beach, introduced the development team as follows: M. Peroni of ESP, Palm Springs, preparer of the EIR; J. Tettemer, flood control consultant and designer of the flood control system on site; Dr. L. Bean, preparer of the Cultural Resource Management Plan; J. Cornett, biotic consultant (not present) ; J. Sanborn of Sanborn/Webb, Civil Engineers for the project; D. Rainville, golf course architect (not present) ; Ms. C. Schuller, landscape architect; G. Coats, irrigation consultant (not present) . He stated that the applicant is seeking certification of the Final EIR and approval of the project and that although the applicant is willing to work with the concerns of the equestrain community, he has very little control of the adjacent properties that are not within his hold- ings. He stated concerns with water quality testing and the tennis complex conditions. J. Sanborn, Sanborn/Webb, Engineers, Tahquitz-McCallum Way, stated that the requirement in the CC&Rs which include testing of water quality is not acceptable and that the DWA has a well water monitoring program in all wells in which the Agency is allowed access. He stated that the DWA has not been allowed access to wells on the adjoining Indian land and that the applicant is negotiating with the Indians for entry onto Indian property. He stated that the ultimate responsibility for monitoring the wells belongs to the DWA and not the homeowners association. Attachment "A" October 10, 1984 PLANNING COMMISSION MINUTES Page 4 CASE 5.0258 - PD-145 (Continued) Planning Director stated that the wording that the monitoring of wells be in the CC&Rs came from the Tribal Council ; and that the requirement is above what is required by the City which will not review the documen- tation but will transmit water quality reports to the Agency. Mr. Sanborn stated that the DWA will monitor the wells, if allowed on the Indian land. Mr. Wilkes requested that the Commission not make the finding that the tennis complex cannot be as proposed, as is currently recommended in the Planning conditions. He stated that the issue of unsightliness because of the lighting is not true since the alluvial cone hides the light from the City and its visibility from Andreas Hills should not preclude development of the tennis club since the issue can be addressed in site design. He stated that the biotic consultant would be involved in the design of the tennis complex. Commissioner Koetting commented that the light source is the concern, not whether or not there should be a tennis complex. Mr. Wilkes stated that the conditions state that the tennis complex be moved and the area used as golf course area or parking. He requested again that the determination not be made that the site cannot be used for a tennis complex, since the proposed new site (Area "K") is behind the hillock and not easily accessible from the clubhouse. Commissioner Lawrence commented that 50 tennis court lights may be find- ings for not allowing the tennis complex proposed by the applicant. Mr. Wilkes replied that mitigation measures could be employed to screen the lighting from the residents of Andreas Hills. Commissioner Lawrence suggested that trees be used as landscape screen- ing to filter the light. Mr. Wilkes stated that the Andreas Hills tennis courts can be viewed from the subject property and again requested that the site not be pre- cluded from being used as a tennis complex. He stated that the appli- cant will note the objections as recorded in the minutes; and in response to Commission question, stated that the Palm Hills General Plan will be used as a general guideline regarding setbacks adjacent to Murray Creek. Mrs. S. Stogner of the DWA, 1200 Gene Autry Trail, stated that the Agency monitors its own wells but not private wells for water quality, except for a reimbursement program where the Agency is reimbursed for drafts taken from the private wells. She stated that if the Tribal Council wants wells monitored on its land, the Agency will review the request and make a recommendation to the Tribal Council, but that there is no provision for monitoring wells for private entities, and that a rate structure would have to be analyzed. B. Hoff, 2733 Anza Trail, representing the Desert Riders and Los Com- padres (two equestrian organizations) stated that the project is a good addition to the City but that the riding groups have two concerns: Attachment "A" October 10, 1984 PLANNING COMMISSION MINUTES Page 5 CASE 5.0258 - PD-145 (Continued) 1. The trail system within and adjacent to the project, and 2. The location of the gate for equestrian ingress and egress. He stated that the two riding clubs comprise only 10% of the ridership entering the gate and requested continued access, 15 foot wide trails for safety, and regulation of speed by walking of horses which can be done by signing. He requested that the gate be relocated to the north- east section of the property adjacent to the Palm Canyon Wash, to shorten long rides by equestrians using the trails. He stated that the Tribal Council has been cooperative in the past and that the developer also seems responsive to the needs of the riders. He requested that a trail system be provided around the perimeter of the project and spe- cifically the Palm Canyon Wash. K. Ryan, 133 West Third Street, San Dimas, representing the Andreas Canyon Club which was established in 1923, voiced opposition to the project stating that the biologist feels that the tennis courts are a better alternative than a residential development at the mouth of the Canyon, that the tennis complex location is not the best because of impact of lights on Andreas Hills, the mouth of the Canyon, and the Andreas Canyon Club. He suggested a location behind the hillock, and stated that the open space is a golf course which is renaturalized, not natural open space. He noted that he had concerns that 84% of the pro- posed site would be graded and suggested that the density be reduced with the optimum development area being Area "E" which is less than one unit per acre. T. Wilkes (rebuttal ) stated that he had not understood that the density was requested to be reduced by the riders clubs or the biologist or that relocation of the tennis clubs was suggested by these groups. Commissioner Lawrence stated that the letter from the Community Services Commission recommended a lower density. There being no further appearances; the hearing was closed. Discussion ensued on the gate location. Planner III stated that an alternative could be a second trail gate and that the trails are 16 feet wide for safety of riders. In response to Commission question on the tennis complex, Mr. Wilkes stated that the biologists least preferred use would be homes. Planner III showed property development on the perimeter of the project on the display board. He stated that the Indians collect fees at the gate and also the gates serve as security for the Canyons. He stated that the Desert Riders may not have access to the Palm Canyon Wash. Mr. Wilkes stated that the gate access to the Canyon is being developed with the Tribal Council and that the gate location has been agreed upon by the Tribal Council . J. Rothschild, 1129 Tamarisk, the applicant, stated that the Tribal Council wants the gate on a permanent right-of-way; that the existing gate house is not on a permanent location presently; that the location of the gate was discussed only with the Indian Bureau and the Tribal Attachment "A" October 10, 1984 PLANNING COMMISSION MINUTES Page 6 CASE 5.0258 - PD-145 (Continued) Council, and that the tribe cannot obtain easements over an allottee's land. In response to Commission question, Mr. Wilkes stated that in the Final EIR there is an assessment of a hotel alternative, but that there is little interest by hoteliers for many reasons including the size of the i property, and the hotel development will probably never occur. Mr. Wilkes, in response to Commission question, stated that setbacks for residences on the golf course have not been determined and will be reviewed as plans developed. He stated that the 20 foot strip of open space will not be deleted from the rear yards of golf course residences. Commissioner Koetting stated that he was concerned about high density on the fairways. Ms. C. Schuller, landscape architect, Phoenix, Arizona, stated that the golf course and its amenities are the first development phase. In response to Commission question, Planner III stated that landlocked property owners have access over the present road and that the City Engineer wrote the condition based upon the concern of staff. R. McCoy, City Engineer, stated that the Engineering Division can delete the condition relative to public access since State law governs access via the Subdivision Map Act. Planner III, in response to Commission question, stated that the Master Plan of Sewers will be reviewed when the Palm Canyon area is annexed; and that if additional facilities are necessary, an amendment to the Master Plan of Sewers could be initiated and an easement required for access. He stated that the signatures required for the MOA are the par- ties involved in the negotiations and that staff's recommendation is that the Indian roadway be incorporated into the 60 foot right-of-way, but that the Indians do not agree to this. He stated that the issue can be addressed before scheduling for Council or could be brought back to the Commission. In regard to the expanded sewer and water lines, he stated that the standard reimbursement agreement calls for the developer to construct improvements for later reimbursement by future develop- ments. City Engineer stated that the City has a standard policy and pays for the difference in sizes of material only, but that if there were changes to the policy, they could be incorporated into the development agree- ment, and that the different sizes of excavation require different sizes of equipment which is a significant cost factor. Planner III stated that the City has not master planned sewers outside the City limits and oversizing the sewer lines is in the Master Plan of Sewers as a separate project under CEQA and would be reviewed at the time of annexation. He stated that the action at the meeting would be approval of the project with the 12 inch sewer line and easements and/or right-of-ways to adjacent properties. Discussion followed on the issues of concern to the Commission, i .e. , gate location, tennis complex location and water quality control . Plan- Attachment "A" October 10, 1984 PLANNING COMMISSION MINUTES Page 7 CASE 5.0258 - PD-145 (Continued) ner III stated that the Commission could include in a motion that the staff work with all parties involved for the best solution for access, and that the Tribal Council has the right to make the entrance private. Commissioner Koetting stated that he felt the present location is the best since most people enter the gate with vehicles, not horses. Com- missioner Lawrence stated that he thought that a condition should be put into the CC&Rs that the homeowners are responsible for reimbursement of costs of monitoring the wells to the proper agency if the agency is allowed onto the land to monitor them; and that he also felt that the tennis court lighting is a problem for the Andreas Hills residences. Commissioner Koetting stated that the City should work with the devel- oper for a solution to the tennis complex issue rather than not allowing it in its present location. Commissioner Curtis stated that he was con- cerned about the density of 900 units, although he was not sure the con- cern was shared by the others on the Commission. He stated that there seems to be no place for the tennis complex except the proposed site, because of the density of units on the project; and also, that the area is the only large primitive area left in Palm Springs. Commissioner Koetting stated that if the area were developed by individual devel- opers, there would be more density; and that in the future development of the property, single-family residences may be found to be more mar- ketable, and the project would become less dense. Planning Director stated that the Commission and Council will be estab- lishing environmental quality in the final development plan stage. In response to Commission p question, Mr. Rothschild stated that the tennis complex should be near the clubhouse, not behind the hillock. M/S/C (Lawrence, Curtis; Apfelbaum, Madsen absent; Kaptur, Service abstaining) with the following findings and taking the following actions: FINDINGS: 1. That the residential country club use applied for at the location setforth in the application is properly one for which a planned development district is authorized by the Zoning Ordinance. 2. That the residential country club is necessary and highly desir- able for the development of the community, is in harmony with the various elements and objectives contained in the Palm Hills General Plan and al"1 elements related thereto, and is not detri- mental to existing or future uses specifically permitted in the area in which the proposed uses be located. 3. That the site for the intended use, 450 acres, is adequate in size and shape to accommodate a residential country club including yards, setbacks, walls, fences, circulation amenities, flood control facilities, landscaping and other features in order to adjust the use to those existing and future uses on the land in the vicinity of the proposal . 4. That the site for the proposed use relates to South Palm Canyon Drive which will be designed and improved to carry the type and quantity of traffic to be generated however that the Planning Attachment "A" October 10, 1984 PLANNING COMMISSION MINUTES Page 8 CASE 5.0258 - PD-145 (Continued) Commission finds that offsite improvements shall be required in order to reduce the impacts created by this project. 5. That the conditions, as recommended by the Planning Commission are deemed necessary to protect the health, safety and general welfare of the community. 6. That mitigation measures, as indicated in Attachment A, are neces- sary and have been incorporated into project design and project approval whereby significant environmental impacts, identified in the draft and Final EIR, are reduced to a level acceptable within the community. 7. That groundwater withdrawal , groundwater quality, and surface water quality impacts are the responsibilities of the Desert Water Agency, the Coachella Valley Water District, and Regional Water Quality Control Board therefore mitigation measures are recom- mended whereby long-term impacts are to be monitored by the afore- mentioned agencies and the City. 8. That significant environmental impacts which cannot be avoided, cumulative impacts, long-term impacts, and irreversible environ- mental changes which have been identified and where possible have been mitigated to an acceptable community development by project design and/or conditions of approval , whereby the Planning Commis- sion finds that the economic benefits outweigh these identified negative impacts. (See pages 205-208 of the draft EIR. ) 9. That the FEIR has been completed in compliance with the California Environmental Quality Act and the City of Palm Springs imple- menting guidelines, and that the Planning Commission reviewed and considered the information contained in the FEIR prior to recom- mending approval of the project. 10. That the Planned Development District is preliminary in nature as to the golf course, circulation, flood control, and overall resi- dential density and conceptual as to the clubhouse, tennis complex and individual residential phases therefore mitigation measures and conditions of approval are general programs and strategies that shall be utilized in the design of final development plans. 11. That the perimeter Indian Canyons access (private) roadway pro- vides an absolute minimum level of service therefore it shall not be considered as public access to the area southerly of the sub- ject property. 12. That preservation of the riparian habitats and physical buffers thereto are necessary and desirable to protect and preserve these unique ecosystems for the enjoyment of future generations and preservation of the natural environment. 13. That the channelization of Palm Canyon Wash, Murray and Andreas Creeks, as described in the Draft and Final Environmental Impact Reports, is necessary and desirable improvements for the develop- ment of the subject property and the community and fulfull the requirements for a detailed master plan as described in the Palm Hills General Plan. Attachment "A" October 10, 1984 PLANNING COMMISSION MINUTES Page 9 CASE 5.0258 - PD-145 (Continued) 14. That implementation of the Cultural Resource Management Plan will further the knowledge and understanding of archaeologic and ethno- graphic resources of the Agua Caliente Band of Cahuilla Indians and provide the general public with such information. CONDITIONS: A. That the Final EIR is certified as complete and the preliminary planned development district approved in lieu of change of zone per recommenda- tions as follows: 1. That the staff work with the Tribal Council, Desert Riders, Community Services Commission, and the developer to resolve the equestrian trail access issues. 2. That staff review the ultimate needs for sewer service in the Palm Canyon area during the annexation and final planned development district processes and review, in conjuncition with the DWA, the master plan for water services and that the results of such studies be presented to the Planning Commission. 3. That all recommendations of the Development Committee (Attachment III) (on file in the Planning Division) be incorporated as condi- tions of approval . 4. That all mitigation measures as referenced in Attachment 1 be incorporated as conditions of approval . 5. That all hillside cuts and scars be substantially restored. Final development plans (grading and landscaping) shall address restora- tion of all proposed cuts and fills and all areas disrupted during site grading and development. The intent of this condition is re- vegetate, re-texture, and/or re-color (rock areas) development scars to the fullest extent possible. ' 6. That all final development plans (FPDD) shall be submitted in accordance with Section 9407.00 Planned Development District of the Zoning Ordinance. Phase 1-FPDD plans shall include the fol- lowing: Site plan (fully dimensioned), architectural elevations, site sections, color and material exhibits, final landscape plans, irrigation plans, exterior lighting plans, final grading plans, completed cultural resource management plan (MOA approved in accordance with State and Federal statutes) , water services plan, final flood control management plan (as approved by the City Engi- neer), completed conditions, covenants and restrictions, Fish and Game authorization agreement, tentative tract map, and street names. Due to the technical nature of mitigation measures written confirmation of compliance from the appropriate disciplines may be required. Preliminary site and architectural plans shall be sub- mitted for residential development areas prior to submission of Final Development Plans. 7. That property development standards, per Attachment 2 (on file in the Planning Division) shall be complied with or alternative prop- erty development standards shall be developed and submitted as part of Final Development Plans for each residential area. Due to Attachment "A" October 10, 1984 PLANNING COMMISSION MINUTES Page 10 CASE 5.0258 - PD-145 (Continued) the type of development being proposed in development area E, the applicant shall submit property development standards as part of Final Development Plans which will ensure preservation of natural areas as well as other development criteria. 8. That final subdivision maps shall not be approved until such time that the data recovery phase of the Cultural Resource Management Plan (MOA) has been completed for the pending development area. 9. That grading permits, including rough grading, shall not be per- mitted until such time as stipulations affecting grading, as described in the Cultural Resource Management Plan (MOA) and Biological mitigation have been complied with. Written confirma- tion from appropriate agencies and individual(s) may be required. 10. That hillsides, washes and golf course areas shall be maintained for open space purposes for the term of the Indian Land lease (approximately 65 years) and for the life of the planned develop- ment district. Notations to this effect shall be so indicated on the tentative and final tract map(s) . 11. That the tennis club complex shall be restudied and shall be designed to minimize light and glare from lighting sources. The Commission reserves the right to require relocation of the tennis court complex upon review of additional information. �..� 12. If major public (i.e. PGA or LPGA) golf tournaments are proposed, a conditional use permit shall be required. 13. That project conditions, covenants and restrictions shall be sub- mitted for City approval . Mitigation measures, where appropriate, shall be incorporated into this document. 14. That a 60' right-of-way for roadway purposes shall be provided along the easterly portion of the property, as shown on alterna- tive 3 in the Final EIR. This right of way shall be offered for dedication to the City. Minimum flood control protection shall be 25 years and alternative access shall be provided through the site in the event this roadway is impassable. Improvement of this roadway is not required. The Indian Canyons access roadway may be designed within this right-of-way subject to an encroachment permit. 15. That setbacks to Andreas, Murray and Palm Canyons shall be per the Palm Hills General Plan Drainage Element and shall be determined upon review of final development plans. Minimum setbacks shall be established by the approval of Final Development Plans. 16. That the conditions of approval , mitigation measures, preliminary flood control program, landscape and irrigation program, and Cul- tural Resource Management Plan (MOA) shall be incorporated by reference into the development agreement. The development agree- ment shall provide a mechanism whereby off-site traffic and flood control improvements, which provide benefits to other properties, are equitably financed based upon a porportionate share of the benefits, or a proportionate share of the required improvement Attachment "A" October 10, 1984 PLANNING COMMISSION MINUTES Page 11 CASE 5.0258 - PD-145 (Continued) shall be provided by the project. Facilities that are designed for transfer to public agencies shall comply with the design criteria of such agencies and shall be conveyed to such agencies for operation and maintenance. Pursuant to Sections 65864-65869.5 of the Government Code and proposed City implementing guidelines the specific terms and conditions of a Development Agreement shall be considered a separate action requiring a public hearing. 17. That the following General Plan issues should be addressed in the annexation of the area and prior to final development plan approval : A) adopt a specific alignment for South Palm Canyon Drive and change the Palm Hills General Plan secondary thorough- fare to a collector (60 foot right-of-way); B) prepare an amend- ment to the Master Plan of Sewers for the South Palm Canyon area; C) prepare an amendment to the Master Plan of Drainage for the South Palm Canyon area; D) prepare an amendment to the Master Plan of Bikeways for the South Palm Canyon area; E) prepare an amend- ment to the Master Plan of Fire Protection. Modifications of the subject conditions of approval resulting from General Plan Amend- ments shall be made during the review of final development plans and/or tentative tract map(s) . and B. Endorsing the concept of annexation of the project area and other areas ..• in the Palm Canyon sphere area, south of the City limit line. 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 witht he 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 Tribal Council also commented on the design of certain elements of the project'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 Planned Development District was considered by the Tribal Council on September 25, 1984. Coments and actions were withheld pending further review of Planning Commission staff report dated September 26, 1984, including attachment #1. After consideration of the recommendations of the Indian Planning Com- mission, the Tribal Council took the following actions: 1. Approved the certification of the Fianl EIR, including Desert Water Agency letter dated September 14, 1984, as being complete. Attachment "A" October 10, 1984 PLANNING COMMISSION MINUTES Page 12 CASE 5.0258 - PD-145 (Continued) 2. Concurred with the findins as set forthe in Planning Commis- sion Staff Report dated September 28, 1984 and revised October 2, 1984. 3. Gave preliminary approval to Planned Development District- 145 subject to the recommendations outlined in Planning Com- mission Staff Report dated Seuptember 28, 1984 and Revised October 2, 1984, and including Attachments I, II and III, and subject to the following amendment and additions to the Conditions recommended by staff: a. Condition No. 5 to be amended to read "(MOA as approved by the Agua Caliente Tribal Council, State Office of Historic Preservation, Advisory Council of Historic Preservation in Washington D.C. , Bureau of Indian Affairs, Cultural Systems Research, Inc. , and the project proponent)". b. Condition No. 15 to be amended to include the overall review and update of the General Plan Master Plan of streets for the Palm Canyon and Palm Hills Areas. C. Conditions No. 13 to be amended to provide that the Indian Canyon Access Roadway (Private) shall be located within the Project site and outside the 60' right-of-way being offered for dedication for roadway purposes. d. A new condition to be added that would provide that the on-site and off-site domestic water/fire protec- tion system and the sanitary sewer system be oversized and/or extended where necessary to accommodate the future development of those vacant properties in the Palm Canyon and Palm Hills Areas which would best be served from an engineering and cost standpoint by con- necting to the proposed projects water and sewer systems. (Reference: Section 9.64. 100 SUPPLEMENTAL IMPROVEMENT REQUIRED of the city's subdivision ordi- nance) . e. Conditon No. 16 be amended or another funding mecha- nism be provided whereby the project sponsor will be reimbursed for the oversizing and/or extension of thw water and sanitary sewer systems. (Reference: Sections 66485-66487 of the State Subdivision map Act and Section 9.64.100 of the City's subdivision ordi- nance) . 4. The Tribal Council understands that certain community groups, including the Desert Riders, have expressed certain actions pre- viously taken by the Tribal Council to maintain security in the ,,. Indian Canyons, will restrict circulation with respect to the existing equestrian and hiking trails in Palm Canyon and Palm Hills. Attachment "A" October 10, 1984 PLANNING COMMISSION MINUTES Page 13 CASE 5.0258 - PD-145 (Continued) The Tribal Council expressed its willingness to work with all Community groups and the project sponsor in establishing and maintainig the equestrian and hiking trails referred to above in a manner that would be consistent with the Tribal Council 's Commitment and responsibility to the Tribe for maintaining necessary and property security for the Indian Canyons. PLANNING COMMISSION MEETING MINUTES Council Chamber, City Hall October 24, 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 7 0 Hugh Curtis X 6 1 Hugh Kaptur X 6 1 Peter Koetting - 5 2 Don Lawrence X 6 1 Paul Madsen X 6 1 Sharon Apfelbaum X 5 2 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 ` George Parmenter, Traffic Engineer John Terell, Redevelopment Planner Mary E. Lawler, Recording Secretary �. .. Architectural Advisory Committee Present - October 22, 1984 James Cioffi, Chairman Earl Neel Michael Buccino William Johnson Hugh Curtis Chris Mills Sharon Apfelbaum Chairman called the meeting to order at 1:30 p.m. M/S/C (Lawrence/Curtis; Koetting absent) approving minutes o October 10„f1984 with the following substitution under "Administrative Note", page 5:- "Chairman explained that the Planning Commission rules and procedures set forth that a quorum is constituted by Commissioners present, not just those voting." That are no Tribal Council comments for the meeting. K