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HomeMy WebLinkAboutRes 98-86 CUP 98-6 City Lites Business 42-335 Washington St J1, CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Honorable Mayor and City Council II. REQUEST: Appeal to the Planning Commission decision, denying a conditional use permit to allow a 2 foot by 4 foot outdoor clothing display of women's apparel in front of the City Lites business at 42-335 Washington Street # J. III. APPLICANT: Louis Lassabatere / City Lites 42-335 Washington Street # J Palm Desert, CA 92211 IV. CASE NO: CUP 98-6 V. DATE: July 9, 1998 , LOUNCIL ACTION: i-ROVED DENIED ' s.. VI. CONTENTS: C 'IVED OTHER DATE Qr �' i/ir: . ,j A. Staff Recommendation ,; •/;-1I �!10'e B. Background DES:: • . ' . ..�.. C. Project Description .3SENT: BSTAIN: ► St• D. Discussion 'ERIFIED BY: .. . �� • 417Q} E. Conclusion )r_-iginal on Fil ,with City erk' s Office F. Draft Resolution No. 98-86 . ,,Ji (9t -b G. Legal Notice a A e'" H. Planning Commission Resolution No. 1865 (May 19, 1998) b ✓ie,.,-) L►i°*- I. Planning Commission Staff Report / Minutes dated May 5, & May 19, 1998 J. Exhibits A & B (Site Plan & Pictures) K. Appeal Application / Petition A. STAFF RECOMMENDATION: Approval of C.U.P. 98-8, to allow the City Lites business to setup a single outdoor display, based upon the display not being visible from the public street and located underneath a nearly enclosed pedestrian walkway created by an architecture projection. B. BACKGROUND: The applicant owns a women's retail apparel business, located in the Lucky's shopping center on Washington Street. The business name is City Lites and is STAFF REPORT JULY 9, 1998 CUP 98-6 located in the within a retail pad, with a 9 other retail units at 42-335 Washington Street. The center is located at the southwest corner of Washington Hovley Lane East and is zoned P.C. (2), Planned Commercial District. C. PROJECT DESCRIPTION: The applicant wishes to display a 2' x 4 x 5 high clothing rack in the front of the business (see Exhibit A & B attached). The display would by placed behind an existing column, leaving 8 feet for pedestrian access. The clothing rack would be displayed during business hours only, which are Monday through Saturday (10:00 a.m. to 6:00 p.m.). The clothing rack is constructed of iron rods, a movable base and a single cloth hanger. No sales of merchandise will take place outside of the business. Customers wishing to purchase an item on display, would bring the item inside the store and purchase it in a normal fashion. D. DISCUSSION: Section 25.30.20 of the zoning ordinance allows outdoor sales of arts, crafts, clothing, goods, wares and other merchandise, with Planning Commission approval of conditional use permit. This provision was added to the ordinance as part of the conditional use permit approval process for the C.O.D. Street Fair at the request of the retail community. When conditional uses are listed, there is a presumption that under certain circumstances they can be approved. It is staff's recommendation that circumstances which may warrant approval include: 1 . Display of products normally associated with outdoor use (i.e. patio furniture, plants and flowers, artwork, automobiles, golf carts, etc). 2. Display of goods within substantially enclosed spaces not visible from public streets. The extreme example of a semi-enclosed space is within the Palm Desert Town Center, which we do not regulate. There are lesser degrees of enclosed spaces including semi-enclosed pedestrian courtyards and roofed pedestrian walkways adjacent to parking lots within shopping centers. Although in the subject application no sales of merchandise will take place outside of the business, staff feels that this display can be categorized under the outdoor 2 1 , STAFF REPORT JULY 9, 1998 CUP 98-6 sales section of the ordinance. The applicant wishes to use rack to display discounted merchandise and let customers know that they are open. Due to the centers design and layout with large overhangs, monolithic architecture, small businesses have difficulty attracting attention and customers where the main destination is the anchor tenant. This condition exists throughout the city in centers dominated by large stores. In shopping centers such as this, the architectural design of the buildings (i.e. large overhangs, columns and the proximity of to the street) creates a semi-enclosed pedestrian environment. The retailer's store front in essence begins at the edge of the overhangs, where the only thing missing is the glass store front windows . If the store front glass was at the edge of the overhang, the city would not regulate such displays. The City has made a commitment to promote and assist both large and small retail businesses. It is important that a formula be developed which can provide a solution to the identity and visibility problems of small businesses within the concept of the City's aesthetic philosophy. Staff believes that in this particular circumstance a single five foot high rack within a semi-enclosed and roofed pedestrian space, behind a massive pillar and out of view from a public street, justifies conditional use permit approval. Planning Commission (May 5, 1998) The Planning Commission reviewed this item at the May 5, 1998 meeting. Commission voted 3-1 , (Commissioner Fernandez voting No, and Commissioner Jonathan absent) to direct staff prepare a resolution of denial. The three Commissioners felt that the outdoor clothing display would create visual clutter and decrease the aesthetic quality of the shopping environment. In addition, they felt the proposal was not consistent with the City's aesthetic philosophy and goals for commercial areas. Planning Commission (May 19, 1998) At the May 19, 1998 meeting, Commission voted unanimously (5-0) to adopted Resolution 1864 denying Conditional Use Permit 98-6. The applicant filed the appeal to the Planning Commission decision on May 29, 1998. 3 STAFF REPORT JULY 9, 1998 CUP 98-6 E. CONCLUSION: Staff recommends Council approve the single 2' x 4' x 5' high outdoor display, based upon the particular conditions that exist for the City Lite's application: II' 1 . The display will not be visible from the public street. 2. The display does not impede pedestrian access and is located underneath a virtually enclosed pedestrian walkway, created by the large overhangs and columns. Prepared by. 0 �. 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II ..., us . 1 II low- , IL • i AV .. 41 .e.., EXHIBIT B RESOLUTION NO. 98-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW A 2 FOOT BY 4 FOOT BY 5 FOOT HIGH OUTDOOR CLOTHING DISPLAY OF WOMEN'S APPAREL IN FRONT OF THE CITY LITES BUSINESS, LOCATED AT 42-335 WASHINGTON STREET #J. CASE NO. CUP 98-6 WHEREAS, the City Council of the City of Palm Desert, California, did on the day of July, 1998, consider the request by LOUIS LASSABATERE / CITY LITES for the above mentioned; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18," in that the director of community development has reviewed the project for compliance with CEQA and has determined that the proposed application is not deemed a project for purposes of CEQA; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify the approval of said conditional use permit: 1 . That the proposed location of the conditional use is in accord with the objectives of zoning ordinance and the purpose of the district in which it is located. 2. That the proposed location of the conditional use and the conditions under which it will be operated or maintained will not be detrimental to the public, health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. 3. That the proposed conditional use will comply with each of the applicable provisions of the zoning ordinance, except for approved variances or adjustments. 4. That the proposed conditional use complies with the goal's, objectives and the policies of the city's general plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That Conditional Use Permit 98-6 is hereby approved. RESOLUTION NO. 98-86 APPROVED at a regular meeting of the Palm Desert City Council, held on this day of July, 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JEAN BENSON, MAYOR ATTEST: SHEILA GILLIGAN, City Clerk City of Palm Desert, California 2 RESOLUTION NO. 98-86 CONDITIONS OF APPROVAL 1 . Applicant shall display one 2'x4'x5' high outdoor display behind pillar and shall not impede pedestrian access. 2. Clothingrack shall be duringregular business onlyMondaythrough g Saturday 10:00 a.m. to 6:00 p.m. NI .; a _,,;A,i City of Palm Desert •.•.,.,.,a.,.• 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260-2578 TELEPHONE(760)346-0611•FAX(760)340-0574•http://www.palm-desert.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 98-6 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by LOUIS LASSABATERE / CITY LITES, appealing the Planning Commission decision denying a conditional use permit to allow a 2 foot by 4 foot outdoor clothing display of women's apparel. The display is proposed in the front sidewalk area of the City Lites business. Property is located at 42-335 Washington Street # J. Property is also described as A.P.N. 637-072-004. 1A 17 F. • 1 , 1 E I; i--� `-- --- K ` J'Li ' , NOVLET LANE EAST 12nd AVENUE 1R-3 2.000 •-,1A0 . . , , ; a I, , • . . A P.C. —(2) I NORTH mi O.S. i `tisue, .. n� "�ro�4l T.ri I ' 'w. !I�Va,V4- - ► 1 [ P.C.—(2) ' o r — f.• w■ Hj1k • 01? Ni n �; I4Ii , ,hod ; E " l ram., �-- L 7 - I DELAfrAaE / PLACE '�] T1iII1 ► t-1J. 1 ' ' I111I j ye SAID public hearing will be held on Thursday, July 9, 1998, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH:• Desert Post SHEILA GILLIGAN, City Clerk June 18, 1998 Palm Desert City Council PLAT i COMMISSION RESOLUTION ;" 1864 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW A 2 FOOT BY 4 FOOT OUTDOOR CLOTHING DISPLAY OF WOMEN'S APPAREL IN FRONT OF THE CITY LITES BUSINESS, LOCATED AT 42-335 WASHINGTON STREET#J. CASE NO. CUP 98-6 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of May, 1998, hold a'duly noticed public hearing to consider the request by LOUIS LASSABATERE / CITY LITES for the above mentioned; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18," in that the director of community development has reviewed the project for compliance with CEQA and has determined that since the request has been denied, it does not constitute a project for purposes of CEQA; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to justify the denial of said conditional use permit 1 . The aesthetic quality of the proposed project is not consistent with the City's aesthetic philosophy and goals for commercial areas. 2. The proposed display will create visual clutter and decrease the aesthetic quality of the shopping environment. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That Conditional Use Permit 98-6 is hereby denied. PASSED, APPROVED-and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of May, 1998, by the following vote, to wit: AYES: BEATY, FERNANDEZ, FINERTY, JONATHAN, CAMPBELL NOES: NONE ABSENT: NONE ABSTAIN: NONE SONIA M. CAMPBELL, Chairperson /1-A14, •) PHILIP DRELL, ecretary Palm Desert Planning Commission CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: May 5, 1998 CASE NO: CUP 98-6 REQUEST: Approval of a conditional use permit to allow a 2 foot by 4 foot outdoor clothing display of women's apparel in front of the City Lites business at 42-335 Washington Street # J. APPLICANT: Louis Lassabatere / City Lites 42-335 Washington Street # J Palm Desert, CA 92211 BACKGROUND: The applicant owns a women's retail apparel business, located in the Lucky's shopping center on Washington Street. The business name is City Lites and is located in the within a retail pad, with a 9 other retail units at 42-335 Washington Street. The center is located at the southwest corner of Washington Hovley Lane East and is zoned P.C. (2), Planned Commercial District. II. PROJECT DESCRIPTION: The applicant wishes to display a 2' x 4' x 5' high clothing rack in the front of the business (see Exhibit A & B attached). The display would by placed behind an existing column, leaving 8 feet for pedestrian access. The clothing rack would be displayed during business hours only, which are Monday through Saturday (10:00 a.m. to 6:00 p.m.). The clothing rack is constructed of iron rods, a movable base and a single cloth hanger. No sales of merchandise will take place outside of the business. Customers wishing to purchase an item on display, would bring the item inside and purchase it in a normal fashion. III. DISCUSSION Section 25.30.20 of the zoning ordinance allows outdoor sales of arts, crafts, clothing, goods, wares and other merchandise, with Planning Commission approval of conditional use permit. Although no sales of merchandise will take place outside • STAFF REPORT JUNE 3, 1997 CUP 97-8 of the business, staff feels that this display can be categorized under the outdoor sales section of the ordinance. The applicant wishes to use rack to display discounted merchandise and let customers know that they are open. Due to the centers design and layout with large overhangs monolithic architecture, small businesses small businesses have difficulty attracting attention and customers where the main destination is the anchor tenant. This condition exist throughout the city in super power centers dominated by large stores. In shopping centers such as this, the architectural design of the buildings (i.e. large overhangs, columns and the proximity of to the street) creates a semi-enclosed pedestrian environment. The retailer's store front in essence begins at the edge of the overhangs, where the only thing missing is the glass store front windows . If the store front glass was at the edge of the overhang, the city would not regulate such displays. With the creation of the Business Support Center, the City has made a commitment to promote and assist both large and small retail businesses. It is important that a formula be developed which can provide'a solution to the identity and visibility problems of small businesses within the concept of the City's aesthetic philosophy. IV. RECOMMENDATION: That the Planning Commission make an interpretation that, the City should allow small retailers to obtain permits to setup a single display on a limited basis, where the architecture and layout of the building creates visibility and identification problems. V. ATTACHMENTS: A. Legal notice B. Exhibit "A" (Site Plan) C. Exhibit " " (Pictu es) Prepared by Martin Alvarez Reviewed and Approved by Philip Drell 4 0 0 ov-- -_ /;225:,7"1 iiiitiV ' 1 , City of Palm Desert ••::,,...-,6....... 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260-2578 TELEPHONE(760)346-0611•FAX(760)340.0574•http://www.palm-desert.org CITY OF PALM DESERT LEGAL NOTICE • CASE NO. CUP 98-6 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by LOUIS LASSABATERE/CITY LITES for • approval of a conditional use permit to allow a 2 foot by 4 foot outdoor clothing display of women's apparel. The display is proposed in the front sidewalk area of the City Lites business. Property is located at 42-335 Washington Street # J. Property is also described as A.P.N. 637-072-004. 1 A r+1 - I; I ' , I , 1 • , E K . HOVLEY LANE EAST 42.d AVENUE ..."..•.. Dart .� • 1 \ • . 1 -il 0 I i / V P.C.-(2) I NORTH 0-S. J.0.000 o, m +Vol Thj ITAT[ En I '� .I o�Ir4, i P.C.—(2) ' o 1 .1 L 44_1 all iL D y• • VOLEr; j 1 Ming ,...: :.__.; . _ . iIT I I ,,bod ,�„ i � 0 I 1 '7 1 1----, DEL AirAsE . PLACE 1 lL• iE I- I i r i � ; ! • P.. SAID public hearing will be held on Tuesday, May 5, 1998, at 7:00 p.m. in`the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time_and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Post PHILIP DRELL, Secretary April 23, 1998 Palm Desert Planning Commission MINUTES PALM DESERT PLANNING COMMISSION MAY 5, 1998 (C. Case No. CUP 98-6 - LOUIS LASSABATERE/CITY LITES, Applicant Request for approval of a Conditional Use Permit to allow a two foot by four foot outdoor clothing display of women's apparel in front of the City Lites business at 42-335 Washington Street #J. Mr. Drell explained that a small clothing store located in a supermarket shopping center would like to put out a clothing rack as a display. In that it is outside of the strictly defined interior of the store, it is an outdoor display and, therefore, it was not permitted unless a conditional use permit is provided. Initially the city used to forbid outdoor displays entirely but that changed when the city went through the process to allow the College of the Desert Street Fair, which is all outdoor displays and sales. It was approved with a conditional use permit and the city changed the code to allow any commercial business to apply for permission through a conditional use to engage in outdoor display or sales. He didn't recall any requests that had been processed or approved other than the College of the Desert Street Fair. The situation before the commission is a condition which he felt was a retail design problem which exists throughout the city. It had existed at one time on El Paseo, but it exists especially in shopping centers that have large stores that have good visibility, then there are small intermediate shops typically dominated by monolithic architecture and very large, heavy overhangs which tended to obscure the shop windows from the parking lot and more so since these shops were usually a good distance from the street and anywhere else. Architecturally they seemed to fall somewhere in between indoors and outdoors. The condition used to exist on El Paseo at what is now the El Paseo Collection North. After the continued failure of small shops, the property owner tore the facades off the buildings so that store fronts were right at the sidewalk and there was visibility. Historically shops dominated by heaving canopy overhangs fail. They have an especially hard time in these shopping centers where there is no pedestrian activity of any significance. He felt that the customer's attention needed to be caught from the parking lot or as they leave a larger store. City Lites made application for a conditional use permit to get permission to display a rack. Staff was unsure exactly how to solve the problem. Mr. Drell noted that the Department of Community Development is also responsible for Business Support, staff acknowledged and understood it is a problem, and these shopping centers have a design which inherently is not all that positive or conducive to attracting people to these businesses. In order to differentiate, control and limit any precedent, which was staff's concern, 7 MINUTES PALM DESERT PLANNING COMMISSION MAY 5, 1998 they could acknowledge that these semi-enclosed walkways are almost like an indoor space. The only thing they lack is a piece of glass. If a piece of glass was put between the columns, it would be inside space and they could display whatever they wanted. The direction staff wanted to discuss with the commission was to figure out a way to define these semi-enclosed spaces as different from inside or outside and find a way to allow some sort of additional display of both signage and/or merchandise to allow these people to attract some attention to allow their business to survive. He said that if the commission determined that in this situation that a conditional use permit is warranted because of the architecture, then commission should direct staff to prepare a resolution. If the commission had other ideas, staff wanted to hear them. Chairperson Campbell opened the public hearing and asked the applicant to address the commission. MR. LOUIS LASSABATERE informed commission that his wife owns the business and he was before commission on her behalf. He said that thus far, he has had the pleasure of meeting three very delightful people: Daisy Garcia, the Code Enforcement Officer, Mr. Alvarez and Mr. Drell. n the very beginning he felt there was a misnomer attached to what he inadvertently called a citation. He said that Ms. Garcia told him that the rack was visual pollution and that they were conducting business on a public sidewalk. A discount rack might be visual pollution to some people, but he would let that go for the moment. The fact that Ms. Garcia said that they were conducting business on a public sidewalk was entirely erroneous. He said he was sure the ladies present at the Commission meeting from the time they were little girls shopping went with their mothers and a discount rack was a visual approach to something that was extraordinary to that store, namely discounts. When they come to the end of a season, there were so many shoes they couldn't find a place for and they were discounted and moved out. He has a door that is open and they have an air-conditioned environment and he has a sign that says open and women still come by and asked if they're open because they miss that rack. It was almost historical and that rack goes back to the time when they were children and it was also an indication that the store is open for business. Assuming that there is an item that is the right size, etc., they would take it from the rack and enter into the store into his leasehold where 8 3 er(65<,G, ,7? .. ,41, /1 * _ 1 ..._..., QQ •, 1• \a lit. �� A ti+ P C71, - *.e. -- . e I w. I 1 f 1 !!!'; ` +\ n. 7( W ,bit *1'41111 . Ili I AOIF. - -..0$,-.44, , .•: La. . r - _ kaa Q kW* 4 WO KOt 011011 111111111C • V - 41111, Illk ‘N . _ifigoo,000_ -.. ft 1l" Li 1 P t ir , --(-A ii ,O I v1#r - I wo MIOIX 313419 ON l MINUTES PALM DESERT PLANNING COMMISSION MAY 5, 1998 there is a dressing room and all business is conducted within the leasehold. They do not conduct any business on a public sidewalk. He thought this was one error at which the two gentlemen he mentioned couldn't come to an understanding on because the ordinance apparently reads against the situation now. He wanted the commission to thoroughly understand it. He said there was really no other way he could display the situation. He told commission that unless they could help him, it would bankrupt them. He said they might find that difficult to believe and it was not that they sell that much from that rack, it was the fact that the rack tells people that the door is open and leads them to come in and buy other things. There was no bait and switch. It was just an indication that the store is open for business. Giving the commission an example of a comparable basis, he said that from March of this year to March of last year they were down about $9,500 and that was tough to make up, especially in this environment. When the snowbirds left, the business was dead and he was hoping that the commission would grant him some relief on an immediate basis so that they could at least stay in business. He thanked the commission for their consideration. He also mentioned that he has from merchants, within shouting distance, eight positive testimonials to the effect that they enjoy the rack or don't object aria look forward to seeing it there. He said he had it available for the commission's inspection if they wanted to see it. Chairperson Campbell asked if Mr. Lassabatere was aware of the location of the pillars and the surrounding area before signing a lease. Mr. Lassabatere replied that if he knew then what he knows now, he never would have allowed his wife to enter this business venture, but since they were involved in it, he had to make the best of it and every day was a challenge. This was a challenge now and he hoped they could meet it in a win-win situation. Chairperson Campbell noted that she is also in retail so she knew what he was talking about, but if he was allowed to do this everyone in Palm Desert would also request the same. Mr. Lassabatere agreed, but felt that in practicality there weren't that many people in this type of business with the combination that would 9 MINUTES PALM DESERT PLANNING COMMISSION MAY 5, 1998 have these displays because some of the store fronts do not call for this. Others were in a position of keen observation and a pedestrian walkway. When this overhang that Mr. Drell so succinctly described and with automobiles parked there as you drive by you can very easily miss it. Chairperson Campbell noted that everyone else would like to have the racks out also for sale. Mr. Lassabatere said he was only representing himself so he couldn't speak for anyone else, but they needed the commission's help and would appreciate it. Commissioner Fernandez asked if the store was open seven days a week. Mr. Lassabatere replied that they were closed on Sunday. They were open from 10:00 a.m. to 6:00 p.m. Monday through Saturday. Commissioner Fernandez asked for clarification that Mr. Lassabatere was only requesting permission for one rack. Mr. Lassabatere concurred. Chairperson Campbell asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal. There was no one and the public hearing was closed. Commissioner Finerty stated that while she sympathized with City Lites' dilemma, this action would be precedent setting and it was her personal opinion that clutter of a rack would cheapen a center and the city would run the risk of all businesses wanting racks and pretty soon centers throughout the city would look tacky. She was against the proposal. Commissioner Fernandez said that he was in favor of the proposal. He said he was also a merchant and knew how tough it was and understood the troubles City Lites was having. He was in favor. Commissioner Beaty agreed with Commissioner Finerty. While he sympathized with Mr. Lassabatere and understood his problem, he didn't like the 10 MINUTES PALM DESERT PLANNING COMMISSION MAY 5, 1998 appearance of this rack and didn't want to have this as a citywide problem. He was not in favor.- Chairperson Campbell said that she also was not in favor of something like this. She could understand if the applicant wanted a special conditional use for holidays or specific days to do something like this, but not six days a week all year. She was also opposed. Mr. Drell noted that the commission didn't have any resolutions before them, so the appropriate action would be to direct staff to prepare a resolution. He indicated that this might be something that could be taken up with the Zoning Ordinance Review Committee, but for better or worse the city is stuck with these spaces and he said that while clutter might be a problem, centers with a lot of vacant spaces and failed businesses were also a problem. Chairperson Campbell suggested perhaps the Architectural Review Commission should be told about this problem so that centers with this kind of architecture aren't approved in the future. Mr. Drell noted that when the Desert Crossing shopping center came in they virtually eliminated almost all the small intermediary shops for that very reason. Their experience was that it was very tough for the little shops to survive when dominated by the larger stores. He said it was a problem they had to face and find a solution for and staff has tried to induce developers to tear off the big dominate canopies or create individual store fronts and do things to promote the success of small businesses. Unfortunately, it has been a battle with shopping center developers. He said that in the future, hopefully there wouldn't be any more centers like that built. Mr. Lassabatere requested a point of order to readdress the commission. Chairperson Campbell granted permission for Mr. Lassabatere to speak. Mr. Lassabatere said that since the original "charge" by Daisy Garcia, it was that they were conducting a business in a public sidewalk. He said he would like to think that if there are rules, regulations and ordinances they should affect everyone. Lucky's and Say-On were doing this very thing. They were conducting business on a public sidewalk. People put a coin in a soft drink machine and the product is delivered. If people put a coin in a newspaper vending box, the product 11 MINUTES PALM DESERT PLANNING COMMISSION MAY 5, 1998 is delivered in front of them. People put a coin in the GTE telephone unit and the service is received. That is conducting business in a public sidewalk and he was wondering if all of these people have managed to slip by all of this or if they all have permits. He wondered why it was just for the smallest end of the business cycle. He said this would practically put them out of business and it would be very tough to tell his wife the commission's decision because all people do not put racks out. Chairperson Campbell pointed out that they are not allowed to put racks out. Mr. Lassabatere said that if it was going to be allowed for him, then it should be for everyone, and everyone in that shopping center. He thought that all of them were in violation because he didn't conduct business, nor has he ever conducted business, on a public sidewalk, but there were others that do. He said he submitted photographs to Mr. Drell and wondered what happened and if that would be taken up at some time. Chairperson Campbell informed Mr. Lassabatere that he could apply for a conditional use for special sales. Mr. Lassabatere said he didn't know what to do now. He understood that the commission was voting against him, but now they were encouraging him to apply for a conditional use permit. Mr. Drell clarified that Mr. Lassabatere could apply for a temporary use permit for special events, but that wasn't what Mr. Lassabatere wanted. Mr. Lassabatere asked what commission suggested that he do. He was confused. He asked what the meets and bounds were for the temporary use permit that Mr. Drell said he could apply for. Mr. Drell said that he was allowed ten days per year and the applicant could pick out the days. Upon questioning by Commissioner Beaty, Mr. Drell indicated that commission needed to direct staff to prepare a resolution of denial or approval. 12 MINUTES PALM DESERT PLANNING COMMISSION MAY 5, 1998 Mr. Drell asked commission to state the grounds for denial or reason for the decision. Commissioner Beaty felt an affirmative action would be encouraging more of this to happen and in doing so they would be encouraging a real code problem. He personally found it very visually offensive and didn't want to see it in the city. Action: It was moved by Commissioner Beaty, seconded by Commissioner Finerty, directing staff to prepare a resolution of denial for adoption at the next meeting. Motion carried 3-1 (Commissioner Fernandez voted no). Mr. Drell told the applicant that decisions of the commission were appealable to the City Council if filed within 15 days. Mr. Hargreaves clarified that this particular decision wouldn't be final until the resolution was adopted by the Planning Commission at the next meeting. D. Case Nos. TT 28701, PP/CUP 98-4 - MARRIOTT OWNERSHIP RESORTS, LLC, Applicant Request for approval of a tentative tract map to subdivide 13.64 acres into 12 timeshare parcels and a precise plan/conditional use permit to construct 102 timeshare units with related amenities for property within the Marriott Desert Springs Resort, specifically parcel located on the north side of Hovley Lane East between Portola Avenue and Cook Street. Mr. Alvarez explained that the property is within the Marriott Desert Springs Resort, specifically on the north side of Hovley Lane East between Portola and Cook Street. It fronted on Hovley Lane East and is bounded by the Marriott Golf Course on the remaining three sides. Zoning on the property is Planned Residential, four units per acre and has 13.64 acres. The tentative tract map proposal was to divide this parcel into 12 parcels which would be designed with nine timeshare structures with a total of 102 timeshare units. The site would also have a 10,000 square foot community facilities building. Mr. Alvarez explained that there would be an entrance gate approximately 1 60 feet north of Hovley Lane. The Fire Marshal would require a secondary emergency access which connects to the easterly existing timeshare facilities. This would be accomplished via a golf cart access which meanders through the golf 13 EXHIBIT A City Lites Entrance 4Q-335 Washington St. # J Column MINUTES PALM DESERT PLANNING COMMISSION MAY 5, 1998 (C. Case No. CUP 98-6 - LOUIS LASSABATERE/CITY LITES, Applicant Request for approval of a Conditional Use Permit to allow a two foot by four foot outdoor clothing display of women's apparel in front of the City Lites business at 42-335 Washington Street #J. Mr. Drell explained that a small clothing store located in a supermarket shopping center would like to put out a clothing rack as a display. In that it is outside of the strictly defined interior of the store, it is an outdoor display and, therefore, it was not permitted unless a conditional use permit is provided. Initially the city used to forbid outdoor displays entirely but that changed when the city went through the process to allow the College of the Desert Street Fair, which is all outdoor displays and sales. It was approved with a conditional use permit and the city changed the code to allow any commercial business to apply for permission through a conditional use to engage in outdoor display or sales. He didn't recall any requests that had been processed or approved other than the College of the Desert Street Fair. The situation before the commission is a condition which he felt was a retail design problem which exists throughout the city. It had existed at one time on El Paseo, but it exists especially in shopping centers that have large stores that have good visibility, then there are small intermediate shops -f7pically dominated by monolithic architecture and very large, heavy overhangs which tended to obscure the shop windows from the parking lot and more so since these shops were usually a good distance from the street and anywhere else. Architecturally they seemed to fall somewhere in between indoors and outdoors. The condition used to exist on El Paseo at what is now the El Paseo Collection North. After the continued failure of small shops, the property owner tore'the facades off the buildings so that store fronts were right at the sidewalk and there was visibility. Historically shops dominated by heaving canopy overhangs fail. They have an especially hard time in these shopping centers where there is no pedestrian activity of any significance. He felt that the customer's attention needed to be caught from the parking lot or as they leave a larger store. City Lites made application for a conditional use permit to get permission to display a rack. Staff was unsure exactly how to solve the problem. Mr. Drell noted that the Department of Community Development is also responsible for Business Support, staff acknowledged and understood it is a problem, and these shopping centers have a design which inherently is not all that positive or conducive to attracting people to these businesses. In order to differentiate, control and limit any precedent, which was staff's concern, 7 MINUTES PALM DESERT PLANNING COMMISSION MAY 5, 1998 they could acknowledge that these semi-enclosed walkways are almost like an indoor space. The only thing they lack is a piece of glass. If a piece of glass was put between the columns, it would be inside space and they could display whatever they ' anted. The direction staff wanted to discuss with the commission was to figure out a way to define these semi-enclosed spaces as different from inside or outside and find a way to allow some sort of additional display of both signage and/or merchandise to allow these people to attract some attention to allow their business to survive. He said that if the commission determined that in this situation that a conditional use permit is warranted because of the architecture, then commission should direct staff to prepare a resolution. If the commission had other ideas, staff wanted to hear them. Chairperson Campbell opened the public hearing and asked the applicant to address the commission. MR. LOUIS LASSABATERE informed commission that his wife owns the business and he was before commission on her behalf. He said that thus far, he has had the pleasure of meeting three very delightful people: Daisy Garcia, the Code Enforcement Officer, Mr. Alvarez and Mr. Drell. 1n the very beginning he felt there was a misnomer attached to what he inadvertently called a citation. He said that Ms. Garcia told him that the rack was visual pollution and that they were conducting business on a public sidewalk. A discount rack might be visual pollution to some people, but he would let that go for the moment. The fact that Ms. Garcia said that they were conducting business on a public sidewalk was entirely erroneous. He said he was sure the ladies present at the Commission meeting from the time they were little girls shopping went with their mothers and a discount rack was a visual approach to something that was extraordinary to that store, namely discounts. When they come to the end of a season, there were so many shoes they couldn't find a place for and they were discounted and moved out. He has a door that is open and they have an air-conditioned environment and he has a sign that says open and women still come by and asked if they're open because they miss that rack. It was almost historical and that rack goes back to the time when they were children and it was also an indication that the store is open for business. Assuming that there is an item that is the right size, etc., they would take it from the rack and enter into the store into his leasehold where 8 MINUTES PALM DESERT PLANNING COMMISSION MAY 5, 1998 there is a dressing room and all business is conducted within the leasehold. They do not conduct any business on a public sidewalk. He thought this was one error at which the two gentlemen he mentioned couldn't come to an understanding on because the ordinance apparently reads against the situation now. He wanted the commission to thoroughly understand it. He said there was really no other way he could display the situation. He told commission that unless they could help him, it would bankrupt them. He said they might find that difficult to believe and it was not that they sell that much from that rack, it was the fact that the rack tells people that the door is open and leads them to come in and buy other things. There was no bait and switch. It was just an indication that the store is open for business. Giving the commission an example of a comparable basis, he said that from March of this year to March of last year they were down about $9,500 and that was tough to make up, especially in this environment. When the snowbirds left, the business was dead and he was hoping that the commission would grant him some relief on an immediate basis so that they could at least stay in business. He thanked the commission for their consideration. He also mentioned that he has from merchants, within shouting distance, eight positive testimonials to the effect that they enjoy the rack or don't object srit!'look forward to seeing it there. He said he had it available for the commission's inspection if they wanted to see it. Chairperson Campbell asked if Mr. Lassabatere was aware of the location of the pillars and the surrounding area before signing a lease. Mr. Lassabatere replied that if he knew then what he knows now, he never would have allowed his wife to enter this business venture, but since they were involved in it, he had to make the best of it and every day was a challenge. This was a challenge now and he hoped they could meet it in a win-win situation. Chairperson Campbell noted that she is also in retail so she knew what he was talking about, but if he was allowed to do this everyone in Palm Desert would also request the same. Mr. Lassabatere agreed, but felt that in practicality there weren't that many people in this type of business with the combination that would 9 MINUTES PALM DESERT PLANNING COMMISSION MAY 5, 1998 have these displays because some of the store fronts do not call for this. Others were in a position of keen observation and a pedestrian walkway. When this overhang that Mr. Drell so succinctly described and with automobiles parked there as you drive by you can very easily miss it. Chairperson Campbell noted that everyone else would like to have the racks out also for sale. Mr. Lassabatere said he was only representing himself so he couldn't speak for anyone else, but they needed the commission's help and would appreciate it. Commissioner Fernandez asked if the store was open seven days a week. Mr. Lassabatere replied that they were closed on Sunday. They were open from 10:00 a.m. to 6:00 p.m. Monday through Saturday. Commissioner Fernandez asked for clarification that Mr. Lassabatere was only requesting permission for one rack. Mr. Lassabatere concurred. Chairperson Campbell asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal. There was no one and the public hearing was closed. Commissioner Finerty stated that while she sympathized with City Lites' dilemma, this action would be precedent setting and it was her personal opinion that clutter of a rack would cheapen a center and the city would run the risk of all businesses wanting racks and pretty soon centers throughout the city would look tacky. She was against the proposal. Commissioner Fernandez said that he was in favor of the proposal. He said he was also a merchant and knew how tough it was and understood the troubles City Lites was having. He was in favor. Commissioner Beaty agreed with Commissioner Finerty. While he sympathized with Mr. Lassabatere and understood his problem, he didn't like the 10 MINUTES PALM DESERT PLANNING COMMISSION MAY 5, 1998 appearance of this rack and didn't want to have this as a citywide problem. He was not in favor.. Chairperson Campbell said that she also was not in favor of something like this. She could understand if the applicant wanted a special conditional use for holidays or specific days to do something like this, but not six days a week all year. She was also opposed. Mr. Drell noted that the commission didn't have any resolutions before them, so the appropriate action would be to direct staff to prepare a resolution. He indicated that this might be something that could be taken up with the Zoning Ordinance Review Committee, but for better or worse the city is stuck with these spaces and he said that while clutter might be a problem, centers with a lot of vacant spaces and failed businesses were also a problem. Chairperson Campbell suggested perhaps the Architectural Review Commission should be told about this problem so that centers with this kind of architecture aren't approved in the future. Mr. Drell noted that when the Desert Crossing shopping center came in they virtually eliminated almost all the small intermediary shops for that very reason. Their experience was that it was very tough for the little shops to survive when dominated by the larger stores. He said it was a problem they had to face and find a solution for and staff has tried to induce developers to tear off the big dominate canopies or create individual store fronts and do things to promote the success of small businesses. Unfortunately, it has been a battle with shopping center developers. He said that in the future, hopefully there wouldn't be any more centers like that built. Mr. Lassabatere requested a point of order to readdress the commission. Chairperson Campbell granted permission for Mr. Lassabatere to speak. Mr. Lassabatere said that since the original "charge" by Daisy Garcia, it was that they were conducting a business in a public sidewalk. He said he would like to think that if there are rules, regulations and ordinances they should affect everyone. Lucky's and Say-On were doing this very thing. They were conducting business on a public sidewalk. People put a coin in a soft drink machine and the product is delivered. If people put a coin in a newspaper vending box, the product 11 MINUTES PALM DESERT PLANNING COMMISSION MAY 5, 1998 is delivered in front of them. People put a coin in the GTE telephone unit and the service is received. That is conducting business in a public sidewalk and he was wondering if all of these people have managed to slip by all of this or if they all have permits. He wondered why it was just for the smallest end of the business cycle. He said this would practically put them out of business and it would be very tough to tell his wife the commission's decision because all people do not put racks out. Chairperson Campbell pointed out that they are not allowed to put racks out. Mr. Lassabatere said that if it was going to be allowed for him, then it should be for everyone, and everyone in that shopping center. He thought that all of them were in violation because he didn't conduct business, nor has he ever conducted business, on a public sidewalk, but there were others that do. He said he submitted photographs to Mr. Drell and wondered what happened and if that would be taken up at some time. Chairperson Campbell informed Mr. Lassabatere that he could apply for a conditional use for special sales. Mr. Lassabatere said he didn't know what to do now. He understood that the commission was voting against him, but now they were encouraging him to apply for a conditional use permit. Mr. Drell clarified that Mr. Lassabatere could apply for a temporary use permit for special events, but that wasn't what Mr. Lassabatere wanted. Mr. Lassabatere asked what commission suggested that he do. He was confused. He asked what the meets and bounds were for the temporary use permit that Mr. Drell said he could apply for. Mr. Drell said that he was allowed ten days per year and the applicant could pick out the days. Upon questioning by Commissioner Beaty, Mr. Drell indicated that commission needed to direct staff to prepare a resolution of denial or approval. 12 MINUTES PALM DESERT PLANNING COMMISSION MAY 5, 1998 Mr. Drell asked commission to state the grounds for denial or reason for the decision. Commissioner Beaty felt an affirmative action would be encouraging more of this to happen and in doing so they would be encouraging a real code problem. He personally found it very visually offensive and didn't want to see it in the city. Action: It was moved by Commissioner Beaty, seconded by Commissioner Finerty, directing staff to prepare a resolution of denial for adoption at the next meeting. Motion carried 3-1 (Commissioner Fernandez voted no). Mr. Drell told the applicant that decisions of the commission were appealable to the City Council if filed within 15 days. Mr. Hargreaves clarified that this particular decision wouldn't be final until the resolution was adopted by the Planning Commission at the next meeting. D. Case Nos. TT 28701 , PP/CUP 98-4 - MARRIOTT OWNERSHIP RESORTS, LLC, Applicant Request for approval of a tentative tract map to subdivide 13.64 acres into 12 timeshare parcels and a precise plan/conditional use permit to construct 102 timeshare units with related amenities for property within the Marriott Desert Springs Resort, specifically parcel located on the north side of Hovley Lane East between Portola Avenue and Cook Street. Mr. Alvarez explained that the property is within the Marriott Desert Springs Resort, specifically on the north side of Hovley Lane East between Portola and Cook Street. It fronted on Hovley Lane East and is bounded by the Marriott Golf Course on the remaining three sides. Zoning on the property is Planned Residential, four units per acre and has 13.64 acres. The tentative tract map proposal was to divide this parcel into 12 parcels which would be designed with nine timeshare structures with a total of 102 timeshare units. The site would also have a 10,000 square foot community facilities building. Mr. Alvarez explained that there would be an entrance gate approximately 1 60 feet north of Hovley Lane. The Fire Marshal would require a secondary emergency access which connects to the easterly existing timeshare facilities. This would be accomplished via a golf cart access which meanders through the golf 13 MINUTES PALM DESERT PLANNING COMMISSION MAY 19, 1998 E. Case No. ZOA 98-3 - CITY OF PALM DESERT, Applicant Request for approval of a Zoning Ordinance amendment to permit mixed residential/service industrial uses in the S.I. (Service Industrial) zone. Mr. Smith indicated that in 1995 staff processed a similar amendment that was applicable in the C-1 , PC and OP zones. In March 1998 they received a request for the Service Industrial zone. Staff saw the issues as being substantially similar and didn't have a problem with processing a mixed use as part of a conditional use permit and recommended that appropriate amendments be done to permit mixed use residential/service industrial uses in the Service Industrial zone. Mr. Smith recommended that Commission adopt Resolution 1863 recommending same to the City Council. Chairperson Campbell opened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION. There was no one and the public hearing was closed. Chairperson Campbell asked for commission action. Action: It was moved by Commissioner Finerty, seconded by Commissioner Fernandez, approving the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Finerty, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1863, recommending to City Council approval of Case No. ZOA 98-3. Motion carried 5-0. IX. MISCELLANEOUS A. Case No. CUP 98-6 - LOUIS LASSABATERE/CITY LITES, Applicant Consideration of a resolution denying a conditional use permit - request to allow a two foot by four foot outdoor clothing display of women's apparel in front of the City Lites business at 42-335 Washington Street #J. 19 MINUTES PALM DESERT PLANNING COMMISSION MAY 19, 1998 Chairperson Campbell noted that the conditional use permit was denied at the last meeting on a 3-1 vote. Since there wasn't a resolution before them for adoption at that time, staff was directed to prepare the appropriate resolution for presentation tonight. That was done. Chairperson Campbell asked for a motion. Commissioner Jonathan indicated that he listened to the tape recording of the meeting and was eligible to vote on this matter. Action: It was moved by Commissioner Beaty, seconded by Commissioner Finerty, • approving the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Beaty, seconded by Commissioner Finerty, adopting Planning Commission Resolution No. 1864, denying CUP 98-6. Motion carried 5-0. Commissioner Beaty noted that he passed by the site today and not only did they still have their clothing rack out, but there was another store in the same shopping center that with a rack. He asked what happens if someone is cited. Mr. Drell said that since they were a good demonstration of the proposal, until their appeal was finished he would allow them to remain. The other thing they were contemplating was a "sweep". He noted that Mr. Lassabatere had submitted pictures identifying outdoor vending machines and as far as staff was aware the only ones that were exempt would be news stands, which were protected under the First Amendment. Staff would be in discussions with Code Enforcement people, the City Manager, and City Attorney relative to the ramifications of a citywide sweep of all outdoor sales displays and activity. He noted that they would probably be receiving an application very soon from one of the golf cart retailers for the outdoor display of a golf cart at Highway 1 1 1 and Presidents' Plaza. He said it would trigger a major code enforcement effort. B. Request for approval of revised Palm Desert Planning Commission . Bylaws Chairperson Campbell noted that this item would be continued to the meeting of June 2, 1998. Mr. Hargreaves stated for the record that a discussion was held during study session and there were suggestions regarding amendments. 20 EXHIBIT A City Lites .pi Entrance . 1 42-335 Washington St. # J Column JAIILIINFN / l rs.,ti - aa P r5►ri.yc.a,. ___v ------Sh, + 1%04. ;4 1 y,. IINO� k IYAAIIYI 0 gl ....c-i:".^-:;:44:c ,4,„ -g1. � .- li t -- . c. ■LII ; ,;`� _ -- ' .,,-..,1111111 ,le yo p.-.. _ di e 6 EXHIBIT B RECEIVFO MAY 2 9 1998 3/91 k:OMMUNITY DEVELOPMENT DEPARTMENT f �► �` CITY OF PALM DESERT, CALIFOR W\9tOLMDESERT MI 4/ i '98 MY 29 Afll 10 52 . ��t' APPLICATION TO APP ���_ y�..0 Y C ERK S OFFICE DECISION OF THE Pi-A-1U e-6 (Name of Committee/Commission) Case No. ( 2P v Meeting Date: 71 AC' ( ) - t R 9 Name of Appellant ) OUi C C . AS SA e i 2E D 9 221 Address 44 -3 3,S' 1, �0/tf sr D s i(`T Phone: (76,) - ,Q.5c4 3 Description of Application: �� if 4110- Reason for Appeal: NAxiC/,C Signature of Appel t Date .l'z% FOR OFFICIAL USE ONLY Date Appeal Filed: Fee Received: `-) • Treasurer's Receipt #: LA. Received by: c N-?S' Public Hearing Set For: (�'co Action taken by the City Council: Date: Sheila R. 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