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HomeMy WebLinkAbout1987/10/28 - MINUTES PLANNING COMMISSION MEETING MINUTES Council Chamber, City Hall October 28, 1987 1:30 p.m. ROLL CALL F-Y 1987 - 1988 Present Present Excused Absences Planning Commission This Meeting to Date to date Larry Lapham, Chairman X 7 0 Hugh Curtis X 7 0 Martha Edgmon X 6 1 Brent Hough X 6 1 Earl Neel X 6 1 Gary Olsen - 6 1 Barbara Whitney - 5 2 Staff Present Marvin D. Roos, Planning Director Siegfried Siefkes, Assistant City Attorney Douglas Evans, Planner Richard Patenaude, Planner Margo Williams, Planner Carol Vankeeken, Planner Dave Forcucci, Zoning Enforcement Mary E. Lawler, Recording Secretary Architectural Advisory Committee - October 26, 1987 Mike Buccino Absent: Barbara Whitney Tom Doczi Brent Hough Martha Edgmon, Alternate Chris Mills, Chairman William Johnson Will Kleindienst Gary Olsen Chairman called the meeting to order at 1:30 p.m. M/S/C (Curtis/Neel ; Whitney/Olsen absent) approving minutes of October 14 as sub- mitted. There were no Tribal Council comments. i October 28, 1987 PC MINUTES Page 2 CONSENT ACTION AGENDA Approval of architectural cases is valid for two years. The approval granted must be exercised within that time period unless extended. M/S/C (Edgmon/Neel; Olsen/Whitney absent) taking the following actions: CASE 5.0275-PD-147' (CONTINUED). Application by EDWARD DEBARTOLO CORPORATION for architectural approval of revised landscaping for Desert Fashion Plaza on N. Palm Canyon Drive between Amado Road/Tahquitz Way, CBD Zone, Section 15. Removed from the agenda for submittal of new landscape plans. SIGN APPLICATION. Application by the TROPICS HOTEL for architectural approval of two main identification signs for hotel at 411 East Palm Canyon Drive, R-3 Zone, 26 Section. Restudy noting the following: 1. That there be a more substantial base. 2. That there is too much plastic. 3. That any plastic should be a matte finish. 4. That letter and background colors be reversed. SIGN APPLICATION. Application by BILL HOWLETT for architectural approval of gas rate sign for the Chevron Service Station at South Indian Avenue/ Ramon Road, C-2 Zone (I.L. ) , Section 14. Approved subject to the following conditions: 1. Cabinet shall rise above monument (minimum 4") . 2. That the corners of the cabinet have a radius. 3. Insert details to match existing. CASE 3.0287. Application by JIMSAIR AVIATION SERVICES for architectural approval of sign for Jimsair/JB's Deli, 145 S. Gene Autry Trail, A Zone, Section 8. Continued to November 12. CASE 5.0424-CUP (Continued) . Application by MARRIOTT CORPORATION for architectural approval of revised detailed landscape, irrigation, and exterior lighting plans and a main identification sign for a 149 unit hotel on the east side of Hermosa Drive between Tahquitz Way/Andreas Drive, R-4-VP/C-1-AA Zones (I.L. ) , Section 14. October 28, 1987 PC MINUTES Page 3 CONSENT ACTION AGENDA (Continued) CASE 5.0424-CUP. (Continued) Continued to November 12. CASE 7.679. Application by WILLIAM GILLESPIE for architectural approval of entrance gate in block wall at 2415 Araby Drive, R-1-B Zone, Section 25. Restudy noting the following; 1. That the wall height be equal on each side of the entry gate. 2. That the colors be restudied. ITEMS REMOVED FROM THE CONSENT ACTION AGENDA Approval of architectural cases is valid for two years. The approval granted must be exercised within that time period unless extended. CASE 3.0236. Application by MIKE PIO for architectural approval of revised elevations for warehouse/office on Valdiva Way/Tachevah/LaCompana, M-1-P Zone, Section 7. Planning Director stated that the application was continued for the applicant to provide relief to the long curved wall on the front of the building. Commission discussed its concerns over the unbroken frontage. Consensus was that the line should be broken by fenestration although revised landscaping has improved the appearance of the building. Roger Travis, 2359 Leonard Road, project architect, stated that it is difficult to add accessory details to a simple box form that is a ware- house. Commissioner Curtis stated that the appearance of some of the warehouses on Valdivia should be reviewed by the applicant since some of them are well designed. He also asked the applicant to ask staff for direction. M/S/C (Curtis/Edgmon; Whitney/Olsen absent) for a restudy of the applic- ation and direction to the applicant to work with staff to resolve design concerns. CASE 3.0300. Application by PEPITO FLORES for architectural approval of single family residence on Phillips Road/Alejo Road, R-1-B Zone, Section 11. �` M/S/C (Curtis/Hough; Whitney/Olsen absent) tabling the application. October 28, 1987 PC MINUTES Page 4 ITEMS REMOVED FROM THE CONSENT ACTION AGENDA (Continued) CASE 3.0204 (MINOR)/3.343. Application by ROBERT CHEROSKE for architectural approval of existing building color and revised landscape plan for single family hillside residence at 575 N. Patencio, R-1-A Zone, Section 10. Planning Director stated that the AAC had not given its final recommend- ations of the color of the building, and the color should be continued until November 12. He stated that there had been a number of letters from residents of the area opposing the revised lighter gray color. He described the landscaping and lighting on the board and stated that exterior lighting will be reviewed after it is installed to see if it is obtrusive. M/S/C (Hough/Edgmon; Whitney/Olsen absent) approving the landscaping and lighting subject to the following conditions: 1. That no light source is to be seen from off site. 2. That intensity of uplighting be consistent (reduced wattage) . 3. That the overall lighting be reviewed in the field and possibly adjusted to fit the environment. 4. That the landscape plan is acceptable. 5. That the color is continued for input from the AAC to November 12. CASE 3.0277. Application by SCOTT DORIUS for architectural approval of a mini storage . facility on Gene Autry Trail/E. Palm Canyon Drive, M-1 Zone (I.L. ) , Section 20. Planner (Vankeeken) presented the project to the Commission including the reasons for staff recommending denial . o Planning Director stated that staff rarely recommends denial/ a project built by right-of-zone but the subject project is not adding anything to the activities or uses already in the area is inconsistent with the Tahquitz Creek Scenic Recreation Plan and that the AAC recommended a restudy. He stated that staff and the applicant have had many discussions regarding alternatives to the application for a better land use or to move the building to the rear of the site, but the applicant feels the project is the best he can do at the present time. He stated that there is a precedent by the courts in denying a right of zone application although the City Attorney has serious reservations about the precedent, feeling that the case was not exactly applicable to the situation; and that the Planning Commission can deny the application or send it back for a revised plan. Assistant City Attorney explained that the only Commission matter is an architectural consideration since the City does not have the power to prohibit uses in the zone, especially when a CUP is not required; and October 28, 1987 PC MINUTES Page 5 ITEMS REMOVED FROM CONSENT ACTION AGENDA (Continued) CASE 3.0277. (Continued) that the precedent setting case was somewhat different in that consider- ations of conditions similar to those provided for a CUP were involved. He stated that this latitude is not provided in the present situation. Chairman stated that the Commission can rule on the architecture only until staff and the City Attorney agree before action is taken on the use. M/S/C (Edgmon/Hough) for a restudy noting the following: 1. That the overall site needs developing because of the site's visibility including the viability from the elevated portions of the Oasis Water Park. 2. That the entire landscape plan be restudied; add landscaping to the perimeter; coordinate landscape with adjacent properties and add landscape to the interior. PUBLIC HEARINGS CASE 5.0421-PD-185 HOSPITAL EXPANSION & 185-B EL MIRADOR TOWER MEDICAL OFFICES & 5.0456-GPA GENERAL PLAN AMENDMENT) . Application by DESERT HOSPITAL for a Planned Development District to allow phased redevelop- ment and expansion of the Hospital campus for hospital and related health care uses on 25.69 acres bounded by Indian Avenue, Tachevah Drive, Via Miraleste, and Mel Avenue, R-4/R-2 Zones, Section 11. (This expansion includes a permanent heliport location. ) Also to be considered is an amendment to the General Plan Land Use Plan to expand the area designated as "Hospital" and delete from the street plan the portion of E1 Mirador between Indian Avenue/Via Miraleste. (Commission response to written comments on Draft Negative Declaration; action. No written comments received on preparation of the Draft Negative Declaration. ) Planner (Patenaude) explained that the application was continued from October 14; that the plan is a four phase one over a 20 year period; and that a helipad will be constructed on a vacated portion of Paseo E1 Mirador. He described construction of the four phases and stated that issues are the street closure and traffic impacts caused by increased hospital trips, a slight reduction in open space, parking structures, emergency access on Via Miraleste, new highrise towers, and the permanent heliport. He stated that the Commission action entails approval of the Planned Development District in lieu of a Zone Change, approval of the General Plan amendments to expand the hospital designa- tion north of Mel Avenue and to delete a portion of El Mirador between Palos Verdes and Via Miraleste from the General Plan; and final approval of the architecture of the El Mirador Tower office building. He stated that the issue receiving the most attention is the helipad, and that if the Commission decides to approve the helipad, staff recommends that the City restrict the operation to specific areas with approach to the west of the helipad from the Indian Avenue/Palm Canyon corridor with i October 28, 1987 PC MINUTES Page 6 PUBLIC HEARINGS (Continued) CASE 5.0421-PD-185 HOSPITAL EXPANSION & 185-B EL MIRADOR TOWER MEDICAL OFFICES & 5.0456-GPA GENERAL PLAN AMENDMENT (Continued) helicopter operations to observe altitudes as shown on a map prepared by staff to reduce noise impacts. He stated that this pattern would have to be approved by the appropriate agencies before the hospital receives approval of the helipad, that one letter had been received in favor from a Cal Brown at 695 Paseo E1 Mirador, and several had been received in opposition - primarily to the issue of helicopter noise and danger. Commissioner Hough indicated that the alternate route has been changed from the north to the south through input from the FAA tower chief. Planner stated that the height of 1,000 ft. is to be reached within a 4000 ft. radius of the pad. Planning Director stated that staff research indicates that while staff recommends approval, there is no mandate that the helicopter land on or near the site and that the allowance for the helipad use normally means that a CUP is required, and if the Commission approves the helipad, the use of helicopters should be restricted to the site. He stated there have been 19 landings in 6 months. In response to Commission question he stated that the helicopters cannot land in the parking lot if the helipad is not approved. Chairman declared the hearing open. Michael Fontana, Hospital Planner, stated that the hospital ' s viewpoint had been presented at the October 14 meeting; that there are no problems with the additional modifications to the approach and landing patterns; and that the Division of Aeronautics will probably have no problems with the changes. Elliot Field, 1380 Tamarisk, voiced opposition to the helipad, stating that he has been a neighbor and has brought children to Katherine Finchey School for many years and the helipad is a frightening thought. He stated that if a helicopter strayed away from the proposed corridor it could terrorize people with an approach of much less than a 1,000 ft. He stated that he wondered what the compelling reason could be for a heliport when the airport is so close and requested Commission consider- ation that the permanency of the heliport risks lives. Kathy Newman, 434 The Palms, whose residence is northwest of the helipad, stated that she had purchased her home three years ago and com- pletely renovated it and the grounds, although she knew the area was economically depressed, but thought that privacy and the value of the property were important. She stated that she had been an anchorwoman for CBS and NBC and retired to Palm Springs and the helipad will be placed in front of her home, which frightens her, and that she was a reporter reporting a helicopter accident in 1978 in Portland when two friends of hers in an auto rotating helicopter were practicing manuevers for emergency situations and crashed because of wind gusts and being blown into high power lines causing the craft to flip over and the pilot 9 p 9 P <.. to be killed and the co-pilot to be critically injured She explained that the two men were experienced helicopter pilots and that the accident is the kind that happens where the winds are unpre- October 28, 1987 PC MINUTES Page 7 PUBLIC HEARINGS (Continued) CASE 5.0421-PD-185 HOSPITAL EXPANSION & 185-B EL MIRADOR TOWER MEDICAL OFFICES) & 5.0456-GPA (GENERAL PLAN AMENDMENT) . (Continued) dictable. She stated that there have been two other recent major crashes and that the helipad is a danger to the densely populated area and the neighborhood school, and that she had witnessed the helicopter landing and the police closing the street and she was afraid for her home. She requested that the neighbors' safety be considered and stated that helicopters are not necessary and that she had contacted the National Transportation Safety Board (NTSB) which reported that there were 211 accidents in 1986 and that in July 1987 a study was begun because too high a percentage of the accidents had been emergency services accidents, and that these types of accidents have increased in the last two years. She stated that she could give the Commission names of the members of the NTSB if they desired. She again reiterated the consideration of the safety of the neighbors. Val Winiecki, 2268 A. North Indian Avenue, president of the 119 unit Palm Springs Townhomes Association, stated that he usually takes a walk at 5 a.m. and last weekend watched a helicopter come down Indian Avenue south toward the hospital veering to the left and circling before landing at the hospital . He stated that it was reminiscent of the years he spent in Westchester near Orange County Airport, and that this heli- copter was not 500 feet above the ground. He requested a decible reading of the helicopter landing and remarked that the noise at Orange County Airport caused him to move to Palm Springs. �--' Bill Coffman, 900 block of Mel Avenue, voiced opposition, stating that he had safety concerns because of the nearby school and stated that the helicopter comes very close and circles over roofs looking for the helipad. Mary Lawler, 2268-E N. Indian, resident of the Palm Springs Townhomes, objected to the impacts to the immediate neighborhood and stated that she was also on the flight path of the emergency helicopter and on the alternate flight path of the new helipad, and requested that if approved the helipad be relocated to the northeast corner of Tachevah and Indian or deferred to the Phase III location on top of the Nursing Tower. She stated that the Liberace Museum was denied by the City Council as an intrusion into the Las Palmas neighborhood, and that the helipad is a far greater intrusion into the quality of life of the hospital neighbors. Al Gergeley, 420 S. Palm Canyon, attorney representing several residents of the area, stated that he had problems with the noise report because it does not indicate where the landings occur and at what height; and that at a 10 degree angle the copters will only be a 100 ft. of the ground at a distance off 100 feet. He stated that a temporary helipad is in violation of the Public Utilities Code since it is within 1,000 feet of the school and notices must be published and the school notified. He stated that there have been a number of studies made regarding helicopter uses and that one of the problems is caused by �., pilots being encouraged to fly in unsafe copters and under unsafe weather conditions for emergency services, and that the use endangers the lives of the neighbors as well as those on board the helicopter. He October 28, 1987 PC MINUTES Page 8 PUBLIC HEARINGS (Continued) CASE 5.0421-PD-185 (HOSPITAL EXPANSION) & 185-B (EL MIRADOR TOWER MEDICAL OFFICES) & 5.0456-GPA (GENERAL PLAN AMENDMENT) . (Continued) stated that there are in excess of 500 residential units impacted by the noise path of the copter; that 85 decibels generated at the landing site would be similar to a pneumatic drill at 50 feet and will disturb many people. He stated that in a recent court case, the Supreme Court (Baker vs. Burbank) ruled that the appellants had the right to sue for inverse condemnation because of the effect on the land valuation and that the case is a precedent for this type of use. He stated that there are many law suits being litigated due to helicopters; that his clients want to avoid litigation if possible, but are afraid that their property will be devalued; and that the was has to be approved by the City, and the City as well as the Hospital could be held responsible in a law suit. He stated that in 1970, a helipad was approved for the hospital for a year and if a permanent facility would then to be considered, it was to be located on a rooftop, and that contingueous land owners can file action if the noise level exceeds City of Palm Springs Noise Ordinance. (He presented a copy of the summary of the Supreme Court case to the staff) . Vince Dundee, 455 The Palms, requested information of financial con- sideration if a property is devalued by a City action. Assistant City Attorney stated that Government Code 7265 provides that if a public agency requires land to be used as an airport and con- tigueous property values are diminished, the public agency could be required to provide reimbursement up to $15,000 per property owner, but �... that the code is not applicable in this case because a public agency is not acquiring land for use as an airport. Mr. Dundee replied that the code applies to a private agency serving the public and the public agency can be held responsible as well . He stated that he disagreed with the City Attorney's interpretation, and that law- suits will follow if the helipad is approved. William Stremmel, 1194 Via Miraleste, stated that he lived on the corner of Via Miraleste and El Mirador and that the helicopter used to land in front of his front door and that at one time his home was being closed to access by party guests because the street was closed for a helicopter landing. He stated that he complained to the Desert Hospital Board President and was assured that the incidents would stop, but that they did not. He said he finally called the City which was unaware that landings were being made in the public streets and the landings were stopped because of liability; and that helicopter rotors stir up dust and sand and deposit it in his pool. He stated that he was under the assumption that the flight paths were to change, but Thursday, October 15, the day after the October 14 meeting of the Planning Commission, a helicopter flew from the east and landed at 4:00 a.m. and flew out through the west, which was in direct opposition to the flight path described by Mr. Fontana. He stated that he had other problems in that there are 2-hour parking signs in front of his house which are not being observed, but the the City states that the hospital has to enforce the parking. He stated that the hospital says it will enforce the two hour parking but does not, and that ambulances still travel up and down Paseo E1 Mirador although less frequently. He stated he was worried about October 28, 1987 PC MINUTES Page 9 PUBLIC HEARINGS (Continued) CASE 5.0421-PD-185 (HOSPITAL EXPANSION) & 185-B (EL MIRADOR TOWER MEDICAL E� OFFICES) & 5.0456-GPA (GENERAL PLAN AMENDMENT). (Continued) helicopters landing and searching for a spot in the area during the early morning hours when the FAA tower is closed; that the few landings projected are not enough to pay for the construction cost of the heli- pad; that the hospital is probably considering the military emergencies which will be increased money for the hospital ; and that after the huge expansion of the Twenty-nine Palms Marine Corps Base is completed, there will be many more landings. He also objected to adding two more 5-story towers when the present tower has empty beds. He suggested using the money that is budgeted for the helipad to move the emergency services facilities over to Indian Avenue and Tachevah because Indian Avenue is a four lane road which can handle the heavy flow of traffic. He stated that the school will be affected by the ambulance. route and that the major arteries should be used. Vincent Dundee, 455 The Palms, said he had researched air safety and found that for public relations and a desperate attempt to fill beds, hospitals put patients into the air when it is not necessary; that most hospitals would like to get into the helicopter business since despite the cost, helicopters have many enticements to the hospitals and can generate a million dollars on a severe trauma case delivered by heli- copter. He stated that a helicopter is an important revenue generator witha high visibility and public relations function, and can increase patient count and enhance a hospital 's reputation. He stated that the public should recognize this and that the "war games" cost the public r� much money. He stated that if the Commission approves the use, the city can be part of a legal action against the hospital and the City. Michael Fontana (rebuttal) stated that the hospital is not going to base a helicopter service at the hospital and is only requesting the saving of lives through transportation by helicopter service to the helipad. He stated that the helipad meets the Division of Aeronautics and FAA requirements and will eliminate problems of the past and will help pilots identify the landing spots. He stated that the helipad is not a money making venture, but is done with an obligation as a trauma center to save lives. Planner at Commission request gave directions for Commission action. Planning Director suggested action on the General Plan amendment first to allow facility of the Master Plan. Commissioner Hough stated that two new 5-story nursing towers are in a later phase and will be constructed on as needed basis and no empty beds will be affected. Planning Director in response to Commission question stated that the landscaping and elevations have only minor concerns. M/S/C (Neel/Curtis; Whitney/Olsen absent) ordering the filing of the Negative Declaration, approving the General Plan Amendments, approving the Planned Development District subject to conditions, the elevations of the El Mirador Tower subject to conditions and the preliminary site October 28, 1987 PC MINUTES Page 10 PUBLIC HEARINGS (Continued) CASE 5.0421-PD-185 (HOSPITAL EXPANSION) & 185-B (EL MIRADOR TOWER MEDICAL OFFICES) & 5.0456-GPA (GENERAL PLAN AMENDMENT). (Continued) plan (excluding the helipad) based on the following findings and subject to the following conditions: Findings 1. That the hospital expansion program is necessary and desirable for serving the continuing health care needs of the community, is in harmony with the objectives of the General Plan and is not detri- mental to existing uses. 2. That the corresponding General Plan amendments are necessary to accommodate the expansion program and create a logical extension of the hospital use. 3. That the 26.4-acre site is adequate in size and configuration to accommodate the expansion program and all property development standards in order to adjust the Hospital to the neighborhood. 4. That the project is located on Indian Avenue, Tachevah Drive and Via Miraleste, all of which are required to be fully improved in order to carry the type and quantity of traffic generated by the hospital at full buildout. 5. That the visual impact of the high-rise portions of the hospital is not significant. 6. That the establishment of a heliport will not create any new noise conflicts with surrounding residential properties. Conditions 1. The detailed final development plans for each phase or building shall be submitted in accordance with Sections 9403.00 and 9404.00 of the Zoning Ordinance as each phase is implemented. 2. Detailed parking plans shall be submitted for approval in accord- ance with Item #1 above. Parking spaces shall be provided in accordance with Section 9306.00 of the Zoning Ordinance, except that parking for the Medical Office building may be provided at the rate of one space for each 200 sq. ft. of gross floor area due to its size (over 10,000 sq. ft. ) and its relationship within the Hospital campus. 3. It is intended that Section 9304.00 of the Zoning Ordinance (High- rise Buildings) should be complied with. The point of measurement for building height shall be the adjoining curb elevation. After further review and analysis, the Planning Commission reserves the right to adjust the required setback. 4. Prior to approval of the development plans for Phase I, the Hospital shall demonstrate ownership of all parcels within the boundaries of the proposed Planned Development District. October 28, 1987 PC MINUTES Page 11 PUBLIC HEARINGS (Continued) CASE 5.0421-PD-185 (HOSPITAL EXPANSION) & 185-B (EL MIRADOR TOWER MEDICAL OFFICES) & 5.0456-GPA (GENERAL PLAN AMENDMENT). (Continued) 5. A preliminary landscaping plan shall be submitted. The plan shall show a common landscape theme throughout the project and shall serve as the landscape master plan to be used as a guide for pre- paration of detailed landscaping plans. 6. That all Development Committee conditions shall be complied with. 7. That all mitigation measures of the Environmental Assessment shall be complied with: a. That the provisions of Chapter 70 of the Uniform Building Code blowsand abatement measure, as amended by the City, shall be complied with. b. That the heliport be used for emergency purposes only and the primary access and egress be from and to the west. C. As a critical facility, the planning and design of facilities on this site shall take into account the likeli- hood of an earthquake of magnitude 7.5 on both the San Andreas and the San Jacinto faults. d. The developer shall contribute the full cost of signaliza- tion at the intersection of Via Miraleste and Tachevah �..� Drive. The signal would be installed with the warrant criteria is satisfied. The developer shall contribute the full cost of the modifi- cation of the Indian Avenue at Tachevah Drive traffic signal. The modification would consist of installing left- turn phasing for northbound/southbound traffic. This would be provided when left-turn warrant criteria is satisfied. The developer shall contribute one-half the cost for signal- ization at each of the following intersections: Sunrise Way at Tachevah and Vista Chino at Via Miraleste. The signals will be installed when warrant criteria is satisfied. The design and construction of the above traffic signals will be provided by the City of Palm Springs. The signal locations will be added to the City's Capital Improvement Program, with the developer's contribution. In the event a general traffic impact mitigation fee is adopted which requires Hospital participation, the City may determine such fee to be adequate to cover partial or full cost of the required traffic signals. e. The parking along the following streets shall be removed to provide adequate capacity for the traffic volumes that will be generated by this project with implementation to be established by the Traffic Engineer: October 28, 1987 PC MINUTES Page 12 PUBLIC HEARINGS (Continued) CASE 5.0421-PD-185 HOSPITAL EXPANSION & 185-B EL MIRADOR TOWER MEDICAL OFFICES & 5.0456-GPA GENERAL PLAN AMENDMENT Continued Via Miraleste - Tachevah Drive to Mel Avenue Tachevah Drive - Indian Avenue to Avenida Caballeros Mel Avenue - Indian Avenue to Via Miraleste Avenida Palos Verdes - Paseo El Mirador to Mel Avenue f. All driveway openings shall be installed a minimum of 200 feet apart. g. All driveways shall be constructed per City Standard Drawing No. 205 and shall be a minimum of 32 feet in width with a 25 foot radius return. h. All parking stalls shall be installed a minimum of 50 feet from the end of curb return to allow for stacking. Chairman stated that the safety and comfort of the general area residents should be considered, but that the hospital is the only trauma center in a 50 mile radius and that consideration has to be weighed against the concerns of the 500 to 750 people in the immediate area. In response to Commission question, Planning Director stated that a temporary landing site is not allowed within 1000 feet of the school unless approved by the FAA, that the helipad is 100 feet from the apart- ments at Palos Verdes and El Mirador; that the staff does not know if �s the helipad is FAA approved since the location would be a part of the application by Desert Hospital to the FAA; and that FAA requirements regarding lighting specifics and other details have not been seen by staff, including a flight path that these details can be reviewed in final development plans and that the Commission can judge in the final context impacts that are not apparent now. Commissioner Curtis stated that for the people in the audience the steeper glide slope would alleviate some of the concerns and that the only concern in the future may be noise. He asked when the helipad would be moved to the 5-story nursing tower. Commissioner Hough also requested this information. Planning Director stated that the request is for a permanent helipad; and that it would be a permanent facility enjoying the approval of the City and the FAA as to its design, location and usage as opposed to the temporary landing site that the hospital has been using. Commissioner Hough stated that upon completion of the first 5 story tower, the pad will be moved to that building. Planning Director explained that the use could be conditioned for one year with a review at the end of that year, or condition the use to be placed on the first tower, or it could be approved and the list of uses could be established with the trauma patients landing at the airport during hours that are outside of the allowable landing hours, but the hour curtailment might have to be explored with the FAA. He stated that October 28, 1987 PC MINUTES Page 13 PUBLIC HEARINGS (Continued) CASE 5.0421-PD-185 HOSPITAL EXPANSION & 185-B EL MIRADOR TOWER MEDICAL OFFICES & 5.0456-GPA GENERAL PLAN AMENDMENT (Continued) the most impact usage is the night landings and conditions could be placed regarding these and should be explored. He stated that there could be no night usage if the Commission desires. Commissioner Hough stated that no usage at night is not equitable since the savings of lives is paramount; that the intrusion of night use and legality of control after 11:00 p.m. is a concern, but that the FAA felt that control could be exercised. stated Chairman /that the use could be conditioned for a year with controls over the flight paths with use by trauma patients only, and that the hospital could work with the airport. Commissioner Hough stated that the only verification of the use that could be made would be through the FAA in terms of approaches and departures in a certain time frame. Commissioner Edgmon stated that a time frame is the only way she would support the helipad and that safety and noise issues are important. She stated that it should be reviewed in a year and the residents could let the Commission know what is occurring. Chairman stated that only testimony from those opposed has been heard since those in opposition have a stake in the outcome because they live �...� in the area and the noise is difficult for the residents, but the Commission is not hearing from the vast area which would be served by the trauma center, and that having an immediate access to the hospital is necessary. Commissioner Curtis stated that the burden of proof should be placed on the hospital to meet conditions the Commission stipulates. M/S/C (Curtis/Hough; Whitney/Olsen absent) approving the helipad subject to the following conditions: 1. That the helipad operations be for one year with a review by the Commission at the end of that time on the impacts to the neighbor- hood, usage, etc. , with the burden of proof on compliance with Commission conditions to be placed on the hospital with compliance to be reviewed also at the end of the year. 2. That details of ambulance routing be submitted with final develop- ment plans. 3. That a flight operations plan including routing, glide path ratio, height and location be submitted with final development plans and shall receive all necessary approvals from appropriate govern- mental agencies. �,, 4. That the helipad be used for emergency trauma patients only. October 28, 1987 PC MINUTES Page 14 PUBLIC HEARINGS (Continued) CASE 5.0421-PD-185 HOSPITAL EXPANSION & 185-B EL MIRADOR TOWER MEDICAL OFFICES & 5.0456-GPA GENERAL PLAN AMENDMENT) . (Continued) NOTE: Signatures of twenty-five residents immediately affected by the helipad operations were received at the end of the meeting and placed in the 5.0421-PD-185 file. CASE 5.0454-CUP (REF. CASE 3.0260) CONTINUED. Application by LASZLO SANDOR for Harold Matzner for a conditional use permit to allow construction of a tennis court with substandard setbacks on Crescent Drive, Patencio Road, R-1-A Zone, Section 10. (This action is categorically exempt from environmental assessment per CEQA guidelines. ) Planning Director stated that the site plan issues have been addressed by the architect as he understood direction of the Commission; that the AAC recommended a restudy; that the applicants plan to sink the court, and no new letters have been received from the neighbors. Commissioner Edgmon commented that the parking area is not appropriate in front of the tennis court, even if the driveway is shifted. Chairman declared the hearing open. Bob Keene, 830 Fair Circle, stated that he approved of the project because the site has become a dumping ground for materials used by builders and that the tennis court will eliminate the dump. There being no further appearances, Chairman declared the hearing closed. M/S/C (Hough/Curtis; Whitney/Olsen absent) for a restudy noting the following: 1. That the driveway be shifted to the east. 2. That mounding and additional screening be provided. 3. That the landscape materials be sympathetic to the environment. 4. That the on-site parking adjacent to the tennis court be eliminated. October 28, 1987 PC MINUTES Page 15 PUBLIC HEARINGS (Continued) CASE 5.0400-ZTA. Initiation by the CITY OF PALM SPRINGS for revisions to the interim Zoning Ordinance (all sections) and adoption of set ordinance as final. (Environmental Assessments/Initial Study has been previously considered and a Negative Declaration filed. ) Recommendation: That the Commission continue the application to November 12. Planning Director stated that the Tribal Council has requested a continuance for their review until November 12, and that staff will request that council continue the application. Chairman declared the hearing open; there being no appearances, the hearing was closed. M/S/C (Curtis/Neel ; Whitney/Olsen absent) continuing the case to November 12 at the Tribal Council ' s request. TPM 20943 (REVISED). Application by DANNY RAY ORMSBY for a tentative parcel map to divide two lots on property located in Palm Hills adjacent to Cathedral City Cove area, UR Zone, Section 5. (Commission response to written comments on Draft Negative Declaration; `. action. No comments received. ) Recommendation: That the Commission order the filing of a Draft Nega- tive Declaration and approve TPM 20493 subject to conditions. Planner (Vankeeken) gave the staff report. Planning Director stated that although staff is supporting the approval of the map, there is a concern of allowing for illegal sales of property without a subdivision map and accommodating the subdivision after the fact, and that the development should only take place after a full EIR, although the lots are large enough for development. He stated that there should be no problem with the creation of the lots and that the easterly parcel is the one that was sold. Chairman declared the hearing open. Bob Mainiero, 777 E. Tahquitz, project engineer, stated that he con- curred with staff' s recommendations. The being no further appearances, the hearing was closed. M/S/C (Neel/Hough; Olsen/Whitney absent) approving TPM 20943 based on the following findings and subject to the following conditions: October 28, 1987 PC MINUTES Page 16 PUBLIC HEARINGS (Continued) TPM 20943 (REVISED) . (Continued) Findings 1. That a parcel map is the appropriate application for the proposed subdivision. 2. That the Palm Hills General Plan classifies the site area as con- servation area and has been designated for not residential development. 3. That all development in the Palm Hills area shall be subject to the Planned Development District provisions of the Zoning Ordinance. 4. That the nearest available utilities are located at Highway 111 and that the Riverside County Flood Control District maintains a levee on the subject property and that portions of the property may be subject to flooding. 5. That in 1985 an application for a 4 parcel Tentative Parcel Map was submitted with the intent to de-annex that portion (Parcel 2) suitable for development, based in the fact that Parcel 2 could be more reasonably developed and serviced as part of the City of Cathedral City. 6. That the City Council for the City of Cathedral City denied the application for pre-annexation zoning for Parcel 2. 7. That in December 1985 the City Council ordered the preparation of an Environmental Impact Report (baseline study) before consider- ation of any development of the property (Resolution 15735), this Resolution was appealed and in February 1986 the ordering of an Environmental Impact Report (baseline study) was reaffirmed by the City Council. 8. That the proposed subdivision as conditioned including a require- ment that no development will be allowed on either of the lots, is consistent with the City's General Plan and Zoning Ordinance and conditions have been imposed to insure that the proposed map will not be detrimental to the public health, safety and welfare. 9. That the proposal is to create two parcels in order to recognize a previous sale and is not for the purpose of development. Conditions 1. That the creation of Parcel 1 and 2 is only for the purpose of separating the west-half of Section 5 from the east-half of Section 5. 2. That no development shall be permitted on Parcel 1 and/or Parcel 2 without additional consideration as outlined herein. October 28, 1987 PC MINUTES Page 17 PUBLIC HEARINGS (Continued) TPM 20943 (REVISED) . (Continued) 3.That prior to any development of Parcel 1 or Parcel 2, the pre- paration of an Environmental Impact Report (baseline study) and a master plan for development under Planned Development District procedures shall be required. 4. That all conditions of the Development Committee shall be compli- mented. TPM 22700. Application by KRIEGER & STEWART for Bobby Ray Preckwinkle for a tentative parcel map to subdivide a 40-acre parcel into four parcels on the east side of Gene Autry Trail between Mesquite Avenue/East Palm Canyon Drive, M-1 Zone (I.L. ), Section 20. (Commission response to written comments on Draft Negative Declaration; action. No comments received. ) Recommendation: That the Commission order the filing of a Negative Declaration and approve TPM 22700 subject to condition. Planner (Vankeeken) presented the project on the board. Chairman declared the hearing open. Scott Dorius, 111 Tahquitz, applicant, stated that the map of the entire area was submitted in accordance with staff's recommendations. He described the property. M/S/C (Hough/Neel ; Whitney/Olsen absent) approving TPM 22700 based on the following findings and subject to the following conditions: Findings 1. That the site is adequate in size and shape to accommodate the proposed subdivision. 2. That the proposed subdivision is consistent with the Zoning Ordinance and General Plan. 3. That the site is adequate physically for the type of development and density of development. 4. That the proposed subdivision is not likely to result in any adverse environmental impacts. Conditions 1. That the application is. subject to the fee for funding a reserve for the fringe-toed lizard. Proof of payment shall be submitted prior to issuance of building permits for each parcel . October 28, 1987 PC MINUTES Page 18 PUBLIC HEARINGS (Continued) TPM 22700. (Continued) 2. That a standard "avigation easement and non-suit covenant" in a form prescribed and approved by the City Attorney has been pro- vided by and with reference to present and future owners shall be submitted to the satisfaction of the Director of Transportation and Energy prior to recordation of the final map. 3. That all mitigative measures identified in Environmental Assess- ment/Initial Study be implemented as follows: a. That the provisions of Chapter 70 of the Uniform Building Code blowsand abatement measures as amended by the City shall be complied with. b. City Engineering Division conditions require that the site accept and convey to an approved drainage carrier flood and/or nuisance waters that impinge upon site. Also, the City Engineer required that flood and/or nuisance waters leaving the site will not cause erosion, nuisance or damage (See Development Committee Condition's Engineering - General 7 and 8). C. Mitigation will be accomplished through contribution of the Coachella Valley Fringe-Toed Lizard mitigation fee to acquire Coachella Valley Fringe-Toed Lizard Reserves Fes L..� will be collected by the Native Conservancy which will pursue the land acquisition program. TPM 22406. Application by HACKER ENGINEERING COMPANY INC. for John Rocca for a tentative tract map to subdivide property into 13 lots for residential purposes at Morongo Trail/Araby Drive, R-1-B Zone, Section 25. (Commission response to written comments on Draft Negative Declaration; action. No comments received.) Planning Director stated that the area developed very early in the City, and the AAC recommended further study for the perimeter landscaping plan to integrate the project and an individual lot development plan sub- mitted prior to approval of the map. He stated that the tennis court on Lot 12 will have a separate application when the lot develops, and there is a front yard and backyard condition on several of the lots which are difficult to develop. He stated that one letter and one phone conversa- tion had been in favor of the project; and that the AAC is also recom- mending a continuance to determine whether or not the lots can be developed before the map is approved. He stated that no setbacks have been shown on the lots; and that the two front yard conditions do not allow walls on Morongo Road. He stated that the builder has a track record in the City having recently completed a tract of houses at Sonora and Farrell . October 28, 1987 PC MINUTES Page 19 PUBLIC HEARINGS (Continued) TPM 22406. (Continued) Chairman declared the hearing open. Larry Cole, Hacker Engineering, 490 S. Farrell, stated that the parcel has been difficult to develop and all has been done that can be done on the design. He stated that staff and the applicants can work together to fit the map into the neighborhood, that a perimeter wall has been discussed to eliminate some of the front yards. Chairman stated that with perimeter walls there is private property on the outside of the wall toward the street which is never maintained and this condition should be finalized before approval is given to the map. Mr. Cole stated that a homeowners association would be formed for main- tenance. Sylvia Morgan, 2766 Anza Trail, stated that her property backs onto the parcel ; that oleanders and a chain link fence were placed on the property line; that these were removed and trees and shrubs planted and maintained by Earl Neel until he sold the property, and that she now maintains them. She stated that she did not want trees removed; that the single story houses would be an asset to the neighborhood and that she did not want the tennis court because of lighting. She stated that she is surprised that Mr. Press is not in attendance to support the elimination of the court. Kaye McManahan, 2714 Anza, asked if a private wall were to be built along the property line. She stated that she felt there should be one, but no tennis court. Planning Director stated that the plan does not show a wall and is not a requirement, although a six foot wall could be constructed with a building permit and also that the Commission could require it. There being no further appearances, the hearing was closed. Planning Director stated that the map could be approved subject to con- ditions, including the formation of a homeowners association for peri- meter landscape maintenance and for continuity, and the AAC recommended continuance so that pads can be developed before the tentative map is approved. M/S/C (Curtis/Edgmon; Whitney/Olsen absent) continuing the application to November 12 for the applicant to address AAC concerns as follows: 1. That a streetscape plan including landscaping and perimeter walls be submitted. 2. That preliminary site development plans be submitted. 3. That architectural review of the houses be conducted by staff unless AAC review is necessary. October 28, 1987 PC MINUTES Page 20 PUBLIC HEARINGS (Continued) TPM 22406. (Continued) 4. That the applicant explore the possibility of forming a homeowners association for maintenance and for continuity of the perimeter landscaping. PUBLIC COMMENTS - Three Minute Time Limit. ARCHITECTURAL APPROVAL ITEMS Approval of architectural cases is valid for two years. The approval granted must be exercised within that time period unless extended. CASE 3.0300. Application by PEPITO FLORES for architectural approval of single family residence on Phillips Road/Alejo Road, R-1-B Zone, Section 11. M/S/C (Curtis/Neel ) taking the item off the table. Planner (Vankeeken) presented the case. Tom Hernandez, project architect, described the landscaping on the project and stated that there is sufficient planning and adding more would make the site cluttered. He described the species of plants and trees proposed and stated that colored concrete would be in the parking area. Discussion continued on the AAC concerns and the landscaping. Planner stated that the Committee felt that the driveway was too open and should have landscaping. Chairman recommended that the applicant meet with staff to review the AAC concerns and to increase the landscaping. Commissioner Edgmon stated that Mr. Buccino, landscape architect on the AAC, was impressed with the Phillips site landscape elevations and felt that the Alejo elevations should be improved (as did the other members) . M/S/C (Curtis/Neel; Whitney/Olsen absent) approving the application sub- ject to the following conditions: 1. That the materials on the fascia to be continuous. 2. That the driveway area be restudied (more landscaping and screening). 3. That a more detailed preliminary landscape plan be submitted. 4. That the applicant review landscape details with staff. October 28, 1987 PC MINUTES Page 21 ARCHITECTURAL APPROVAL ITEMS (Continued) CASE 3.0308-MINOR. Application by Warner Cable for architectural approval of satellite dish at 1050 N. Palm Canyon Drive, C-1 Zone, Section 10. Zoning Enforcement Officer stated that the City usually issues antenna permits without review by the Commission, but when the Warner Cable site was reviewed in the field, it was evident that the business had outgrown its facility and there are more problems than the location of the antenna. He stated that the problems were discussed with the Assistant City Manager who explained that ongoing negotiations were taking place with the company and that the business was looking for a new site within 2 to 3 years. He stated that a letter had been received from the General Manager of Warner Cable requesting architectural approval of the satellite because of the necessity to bring in two sky stations which have changed locations. He stated that dismantling could begin in 1988 with the business offices to be moved in 1992. Zoning Enforcement Officer stated that the parking area is shared with another store which is unoccupied at the present time, but parking could be a problem when it does become occupied; and that the antennas on the site are very visible from the public right-of-way and cannot be screened because of a necessity to face toward the orbiting stations. Planning Director explained that the City has accommodated Warner through the years on its antennas and its lack of parking and that more antennas on the roof and more impact to the parking should not be considered since the company has less than 30 of the required parking spaces. He stated that the parking lot should be brought up to code with perimeter landscaping on the north and south sides, that the trucks should be relocated to another site, the parking lot throat redesigned, and 30% coverage by shade trees should be required. He stated that the application could be approved with parking lot upgrading and lack of parking not to extend beyond 1990 with review at that time if the dishes are not eliminated. Mark Mathews, general manager, Warner Cable, stated that there are parking problems and that the company is looking to relocate to the air- port area with dishes to be moved, (but not until the system is changed over to the new dishes) and that the dismantling will add 2-3 parking spaces in the parking lot; but that the offices cannot be moved because of lease requirements until 1992. He said that employees could take the trucks home to add parking space. Discussion continued on the upgrading of the parking lot. M/S/C (Curtis/Neel ; Whitney/Olsen absent) approving a temporary allowance of a dish antenna in the parking lot subject to the following conditions: 1. That the parking lot be brought up to standards. 2. That the lack of parking space be resolved with staff. October 28, 1987 PC MINUTES Page 22 ARCHITECTURAL APPROVAL ITEMS (Continued) CASE 3.0283. Application by WENDELL VEITH for Betty Chapman for architectural approval of revised elevations for a 4-unit apartment complex on Camino Real between La Jolla St./La Verne, R-2 Zone, Section 26. Planning Director stated that the elevations were restudied on the truncated portion of the site and that there is a problem with the pool area since it cannot be accessed except around the side or in front of each units windows; and that the area is very tight. He stated that units can be shifted and private back yards created and that reduction of one parking space could be allowed under a AMM. He stated that the AAC had two motions before a third was approved for restudy; and that the restudy recommended relocation of the pool. Wendell Veith, project architect, 556 S. Sunrise, stated that he was shocked at the restudy motion since he had thought that everything was approved except for Unit 4; that financial matters have been completed by the applicant pursuant to that approval ; and that the owner was present to answer questions on the pool . He stated that site problems have been resolved, that the pool should not be a problem because the units are apartments, and that the setbacks could be adjusted on the south and west allowing a move to the south to make the setback greater along Camino Real and the parking space could be eliminated in front of Unit 4. He requested approval as given before subject to a slight modification (AMM) and future submittal of landscape plans. Betty Chapman, the owner, stated that she would be the only one walking by the windows, that she does not intend to use the pool and that she did not want the pool on the street and would eliminate it if forced to place it in that location. Chairman stated that he did not feel that there was a problem in accessing the pool. Planning Director explained that one parking space should be eliminated so the building does not loom onto the street. M/S/C (Curtis/Neel ; Whitney/Olsen absent) approving the revised elevations subject to the following conditions: 1. That all the recommendations of the Development Committee be implemented. 2. That one parking space be eliminated on the north end of the project in front of Unit 4 through an AMM application. 3. That landscaping be increased. 4. That the pool location is acceptable. i,g October 28, 1987 PC MINUTES Page 23 ARCHITECTURAL APPROVAL ITEMS (Continued) CASE 3.0291. Request by SUNSPOT/KRAMER for clarification of conditions for 14 single family houses on Girasol, R-1-C Zone, Section 3. Planning Director stated that the staff recommendation was not to allow an additional 5 feet intrusion into the setbacks of the two properties along Racquet Club Road, since the required setback is 25 ft. and an AMM would allow 20 feet. He stated that the applicant has requested a 15 foot setback, and that the applicant thought the Commission had approved it. Chris Mills, 121 S. Palm Canyon, project architect, stated that he could make the 20 foot setback work but all the building would have to be pushed back to meet the tighter conditions. Chairman suggested the applicant resolve the setback situation with staff. M/S/C (Hough/Edgmon; Whitney/Olsen absent) directing the applicant resolve the setback problems with the Planning Director. CASE 3.0261 (MINOR) . Request by CANYON HEIGHTS for reconsideration of revised roof color for guard house located in condominium complex at 2901 S. Palm Canyon Drive, PD-78, Section 34. Planner (Evans) stated that the homeowners repainted the copper guard- house roof and that the AAC felt that there might be damage to the copper if the paint were removed and recommended reroofing in copper or tiling the roof to match the condo roofs. He stated that the Home- owners Association does not agreed with the recommendation and wants the roof to remain painted. Commissioner Edgmon stated that the roof is very unattractive. Chairman stated that copper cannot be damaged unless acid is poured on it, and the roof should be returned to the original copper or tiled. Planner stated that the letters had been stripped and found not to be metal, and that they will be have to be repainted with a copper paint. M/S/C (Curtis/Neel; Whitney/Olsen absent) denying the reconsideration to revise the roof color and directing that the roofs be taken back to copper or tiled to match the existing condominium roofs. October 28, 1987 PC MINUTES Page 24 MISCELLANEOUS ITEMS CITY COUNCIL ACTIONS. Update of City Council actions. No report given. COMMISSION/STAFF REPORTS OR REQUESTS. No report given. ADDED STARTERS. (Determination of eligibility for consideration. ) None. ADJOURNMENT There being no further business to discuss, Chairman adjourned the meeting at 4:50 p.m. �. f/ PLANNING DIRECTOR MDR/ML i PLANNING COMMISSION MEETING MINUTES Council Chamber, City Hall THURSDAY, November 12, 1987 1:30 p.m. ROLL CALL F-Y 1987 - 1988 Present Present Excused. Absences Planning Commission This Meeting to Date to date Larry Lapham, Chairman X 8 0 Hugh Curtis X 8 0 Martha Edgmon - 6 2 Brent Hough X 7 1 Earl Neel X 7 Gary Olsen X 7 1 Barbara Whitney X 6 2 Staff Present Marvin D. Roos, Planning Director Siegfried Siefkes, Assistant City Attorney Richard Patenaude, Planner Margo Williams, Planner Carol Vankeeken, Planner Mary E. Lawler, Recording Secretary Architectural Advisory Committee - November 9, 1987 Chris Mills, Chairman Absent: Barbara Whitney Mike Buccino Martha Edgmon, Alternate Tom Doczi Gary Olsen, Alternate Brent Hough William Johnson Will Kleindienst Chairman called the meeting to order at 1:30 p.m. M/S/C (Curtis/Neel ; Edgmon absent) approving minutes of October 28 as submitted.