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HomeMy WebLinkAboutCUP 94-12 Remodel St George Orthodox Church of the Desert • CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT TRANSMITTAL LETTER I . TO: Honorable Mayor and City Council II . REQUEST: Consideration of expansion and remodel of Saint George Orthodox Church of the Desert, specifically the dome element which exceeds the height limit in the O.P. zone. III . APPLICANT: Saint George Orthodox Church of the Desert 74-109 Larrea P.O. Box 4755 Palm Desert, CA 92261 IV. CASE NO: CUP 94-12 V. DATE: January 26, 1995 VI . CONTENTS : A. Staff Recommendation B. Discussion C. Planning Commission Minutes involving Case No. CUP 94-12 D. Planning Commission Resolution No. 1659 E. Planning Commission Staff Reports dated September 6, 1994 and January 3, 1995 F. Related maps and/or exhibits A. STAFF RECOMMENDATION: By minute motion approve the architecture including the dome element to a maximum height of 36 1/2 feet. B. DISCUSSION: September 6, 1994 commission approved the proposed expansion and remodel of St. George' s Orthodox Greek Church subject to conditions . The major issue was the provision of long term parking for the new church facility in that the existing facility utilizes parking on neighboring properties on which the church has short term agreements for the use thereof . Between September and December the church negotiated with the property owner to the east on the acquisition of land on which to locate its parking lot. Eventually the sale of the property to the church was agreed to. January 3, 1995 the church appeared at planning commission and sought an amendment to the conditions, specifically the ability to defer the actual construction of the CITY COUNCIL CUP 94-12 JANUARY 26 , 1995 parking lot as long as they continue to have the short term parking agreements . The reason for the deferral request was that the property acquisition cost considerably more than expected. The above noted delay also is the reason for the delay in presenting the architecture to city council . If the church had been unable to acquire the property, then it is doubtful that the project could proceed. ARCHITECTURE : The applicant was granted preliminary approval of the building architecture by the architectural review commission on August 9 , 1994 . The predominant feature is a 29 foot diameter dome which sits over the new sanctuary area. This dome reaches a height of 36 1/2 feet at its apex. As well, a 5 foot high cross will sit atop the dome. The top of the dome is setback 29 feet from the east property line and 58 feet from the curb on Larrea. Due to the height of the dome the architecture must be reviewed and approved by the city council . The O.P. zone has a height limit of 25 feet. Municipal code section 25 . 56 . 300 provides that, "towers, spires, cupolas, chimneys . . .and similar structures . . .covering not more than 10% of the ground area covered by structure may be erected to a height of not more than 25 feet above the height limit in the zone" ( i .e. tower to a maximum of 50 feet) . The total building area is 6774 square feet which limits the dome to a maximum of 677 square feet. The dome has a diameter of 29 feet and, therefore, an area of 660 square feet (pi {r2} = area) ( 3 . 14 x 14 .5 x 14 . 5) . CONCLUSION: The dome element complies with the ordinance requirements relative to size and height. According to city council policy, the architecture is being forwarded for council review and consideration. c� -7N\ Prepared by: �i Reviewed and Approved by: :ITX ( OUNt. N: SRS/tm APPRCVED ✓ DENIED RECEIVED OTHER MBPING DATE NOES: A ,SENT: A3 S T IN: VERIFIED BY: .;01 - Original on File ith City Clerk' s Office CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: January 3, 1995 CASE NO: CUP 94-12 Amendment #1 REQUEST: Consideration of amendment to conditions of approval imposed on CUP 94-12 , Saint George Orthodox Greek Church expansion and remodel by the planning commission in its Resolution No. 1659 . APPLICANT: George N. Flessas, President Parish Council Saint George Orthodox Church of the Desert 74-109 Larrea P.O. Box 4755 Palm Desert, CA 92261 I . BACKGROUND: September 6, 1994 commission approved the proposed expansion and remodel of St. George ' s Orthodox Greek Church subject to conditions . The major issue was the provision of long term parking for the new church facility in that the existing facility utilizes parking on neighboring properties on which the church has short term agreements for the use thereof. Condition 5 of the special conditions contained in Resolution No. 1659 requires that: "5 . Maximum seating capacity at any one time shall directly relate to the amount of permanent parking provided by the church facility ( i .e. three persons per parking space per ordinance requirement) . The church has been attempting to acquire the flag lot to the south and east of the church property on which could be designed a 68 space parking lot. This would support seating for up to 204 persons . Unfortunately, according to the church representatives the owners of the flag lot to the south and east do not appear to be willing vendors . The church representatives have had an appraisal prepared by R.F. Sweet and Associates . As well, they have agreed to agree that the site will not be developed with a structure for at least 10 years because the present owners had concerns with maintaining their view of the mountains . STAFF REPORT CUP 94-12 AMENDMENT #1 JANUARY 3 , 1995 According to Mr. Flessas the church has offered in excess of the appraisal price and still no deal has been struck. He indicated to staff that the delay is impacting on the ability to raise funds for the project. He is continuing to work with the property owners , as well as with the owner of the property directly to the east. They feel that 28 parking spaces could be placed in that lot if the existing blighted dwelling was razed. Mr. Flessas will present a proposal which would involve the church providing a blend of permanent church-owned parking and continued use of existing short term lease parking in the immediate vicinity. II . RECOMMENDATION: That commission hear the request and proposal of Mr. Flessas on behalf of Saint George ' s Orthodox Greek Church of the Desert and, if necessary, continue case to a date certain and refer the matter back to staff for further review and a report . III . ATTACHMENTS: A. Legal notice B. Letter from applicant dated December 12 , 1994 C. Staff report dated September 6 , 1994 D. Minutes from September 6 , 1994 planning commission meeting Prepared by l Reviewed and Approved by SRS/tm 2 ;i ` ©off ® P�JUm D esec ....0 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 94-12 Amendment #1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by GEORGE N. FLESSAS on behalf of SAINT GEORGE ORTHODOX GREEK CHURCH to amend the conditions imposed on CUP 94-12 by the planning commission in its Resolution No. 1659 when it approved the expansion and remodel of the existing church facility located in the Office Professional (O.P. ) zone at the southwest corner of Larrea and Lantana, also known as: APN 625-132-024 DRIVE VIM Pi 1 PALI OMMMIT RIM 1 A Y Fin .Rxs RJ I flJ ri _ iiii,,, V tf . W W — w r.., i ,.. .,... EL PASEO —� .f'° .-■► �� SUBJECT PROPERTY 6.1 S. :7177ifi :Cu POST OFFKZ U.S. LARRIA W A• 'lir. < LARREA 16 ST, r �r i L/ 0 r MOUNTAIN A. "-in' 1 I 1 1 1` 1 I Il CANOLE11000 STREET 1 '■ V V . • M■i - Kf Ilip . ' •■11 —— CHICORY STREET lqr W r _ 1 to A .= `PAROSILLA ST. MU Al N ' .. — IHIHI ► r SAID public hearing will be held on Tuesday, January 3, 1995, 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/ planning 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 RAMON A. DIAZ, Secretary Wednesday, December 21, 1994 Palm Desert Planning Commission • ii“„A a:rorgr e rtljobox trtlj rr '°- of E�jr Br�rrt ,��� • "► .a 74-109 LARREA•P.O. BOX 4755•PALM DESERT, CA 92261 `d3'""4 (619) 568-9901 REV.FR.JAMES TAVLARIDES (619)568-6819 RECEIVED December 12, 1994 DEC 1 4 1994 Ramon' A. Diaz aM.u°M°ErET O MENT TR►uRIrMT CITY RE PALM DESERT Planning Director Department of Community Development City of Palm Desert Re : Case #CUP 94-12 St . George Orthodox Church Dear Mr. Diaz : On September 6, 1994, we appeared before the Planning Commission to present our plans and request approval to remodel our existing church building. The Planning Commission ' s approval was contingent upon securing adequate permanent parking for our parish needs . This was said to be space for 68 cars . At that meeting, property adjacent to our site was discussed and it was suggested that we purchase that vacant land. We had the property appraised and entered into negotiations with the two co-owners . Since that time we have attempted to work out a mutually satisfactory arrangement with the two gentlemen . Our negotiations have gone from "not interested in selling" to "the appraisal is unreasonable" to "we will get the zoning changed and develop some commercial venture" to "the lot is worth four times what the appraised value shows . " The original purpose for the present owners buying the lot was to " protect the view and not have anyone build there" As you can see from the appraisal, we have agreed to accept that as a condition of sale for a minimum of 10 years. The situation has now deteriorated to the point where our momentum and morale is very low. Our fund raising efforts have come to a standstill while people wait to see what is going to happen . I am requesting an appearance before the Planning Commission on January 3, 1995 to consider an amendment to the conditions of Case "CUP 94-12. Sincerely, eo�4q. F essa President , arish Council CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: September 6 , 1994 CASE NO: CUP 94-12 REQUEST: Approval of a conditional use permit to allow expansion and remodel of the existing Saint George Orthodox Greek Church located in the Office Professional (O.P . ) zone at the southwest corner of Larrea and Lantana, 74-109 Larrea. APPLICANT: Charles L. Martin, Architect 40-840 Thunderbird Road Rancho Mirage, CA 92270 I . BACKGROUND: A. ADJACENT ZONING AND LAND USE: North: O.P. /office building South: R-3/apartments East: R-1/single family dwelling West : R-3/construction office B. GENERAL PLAN LAND USE DESIGNATION: Office Professional II . PROJECT DESCRIPTION: The church has existed at this location since the city public works (maintenance division) moved out in 1983 . The existing facility is 3134 square feet and has 13 onsite parking spaces along the east side of the property. The proposal is to remodel and expand the existing facility to 6774 square feet ( 3446 square feet to the church and 3328 square feet to the hall) . This will result in removal of the existing 13 parking spaces . In lieu thereof the applicant has been obtaining letters of authorization from nearby properties to use their parking lots for church functions . As of this time one letter has been provided representing the vacant flag lot to the southeast of the church. The church portion of the facility provides seating for 205 people which equates to 68 parking spaces . Beyond the sanctuary is a proposed dining hall of 3328 square feet with actual seating area of 1260 square feet. On its own this dining hall would have a requirement of 36 spaces ( i .e. 1 per 35 square feet) . We feel that parking STAFF REPORT CUP 94-12 SEPTEMBER 6 , 1994 should be provided for at least 68 vehicles . Considering that most uses of the dining hall will be associated with church functions then those parking spaces will serve a dual purpose. Lantana south of Larrea exists as a 32 foot wide paved driveway with 13 angle parking spaces located on the west part of the pavement creating total paved width of 45 feet. The actual church property line extends to the mid point of this driveway. It is important to note that this pavement is not a public street. Upon observation it was noted that a few cars were parked at the south end of the driveway adjacent to the apartments . There is no vehicle connection to the south. There are pedestrian gates to adjacent apartments . There is also an emergency fire access gate which was closed and locked. We requested a title report from the applicant hoping to determine the legal status of the driveway ( i.e. Lantana south) . The title report has not been provided. The use of the vacant flag lot, which we µnderstand the church has an option to purchase for parking purposes, poses some concerns . Assuming the church does not acquire the flag lot the parking agreement can be terminated by the owner at any time. Also, after the addition to the church the paved driveway to the south will only be 15 feet wide. This is not adequate to serve a 68 car 2 = A parking lot. The vacant property is unimproved. A formal parking �' �v✓ lot built to city standards would need to be created. All of • ;- 1 ,� � which points to the conclusion that the church should develop a Plitt pf fully improved parking lot on this flag lot and improve the driveway width to at least 24 feet and in order to assure its long term use the property should be purchased or subject to a long term lease which cannot be terminated on . a moments notice. This, of course, is premised on the easterly portion of the lot not being legally encumbered in some way which could prohibit development . A. ARCHITECTURE: The applicant was granted preliminary approval of the building architecture by the architectural review commission on August 9 , 1994 . The predominant feature is a 29 foot diameter dome which sits over the new sanctuary area. This dome reaches a height of 36 1/2 feet at its apex. As well, a 5 foot high cross will sit atop the dome. The top of the dome is setback 29 feet from the east property line and 58 feet from the curb on Larrea. Due to the height of the dome the architecture must be reviewed and approved by the city 2 • STAFF REPORT CUP 94-12 SEPTEMBER 6 , 1994 council. The O.P. zone has a height limit of 25 feet. Municipal code section 25 .56 . 300 provides that, "towers, spires, cupolas, chimneys . . .and similar structures . . .covering not more than 10% of the ground area covered by structure may be erected to a height of not more than 25 feet above the height limit in the zone" (i .e. tower to a maximum of 50 feet) . The total building area is 6774 square feet which limits the dome to a maximum of 677 square feet. The dome has a diameter of 29 feet and, therefore, an area of 660 square feet (pi {r2} = area) ( 3 . 14 x 14 .5 x 14 .5) . B. CEQA REVIEW: The proposed addition and remodel of the size proposed is a class 1 categorical exemption for the purposes of CEQA and no further documentation is necessary. II . CONCLUSION: The members of Saint George Orthodox Greek Church are proposing to make a significant investment in the existing church facility. The only issues appear to be the provision of adequate, permanent parking and the height of the dome element. The architectural review commission has granted preliminary architectural approval . Staff is prepared to recommend approval of this application subject to some very major conditions which would be, among others : 1 . That the city council approve the architectural plans specifically the height and size of the dome element. 2 . That the church acquire either through long term lease or purchase the flag lot located south and east of the church and design and construct to city standard a parking lot providing a minimum of 68 parking spaces . If the property acquisition is through long term lease, any termination clause to be approved by the city. Fire access to the south to be maintained to the satisfaction of the fire marshal. 3 . That the applicant provide to the city a title report which confirms that there is not legal encumbrance ( i .e. easement, etc . ) which would prohibit the alteration of the driveway. 3 STAFF REPORT CUP 94-12 SEPTEMBER 6 , 1994 III . RECOMMENDATION: Staff recommends : A. Adoption of the findings . B. Adoption of Planning Commission Resolution No . approving CUP 94-12, subject to conditions . IV. ATTACHMENTS : A. Draft resolution. B. Legal notice. C. Comments from city departments and other agencies . D. Plans and exhibits . Prepared by ,1-'i'. Reviewed and Approved by SRS/tm 4 PLA NG COMMISSION RESOLUTION . 1659 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF 3640 SQUARE FEET AND REMODEL OF THE SAINT GEORGE ORTHODOX GREEK CHURCH LOCATED IN THE OFFICE PROFESSIONAL (O.P. ) ZONE AT THE SOUTHWEST CORNER OF LARREA AND LANTANA, 74-109 LARREA. CASE NO. CUP 94-12 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of September, 1994 , hold a duly noticed public hearing to consider the request of SAINT GEORGE ORTHODOX GREEK CHURCH for approval of the above mentioned project; 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. 80-89 , " in that the director of community development has determined that the project is a class 1 categorical exemption 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 granting of said conditional use permit: 1 . The proposed location of the conditional use is in accord with the objectives of the zoning ordinance and the purpose of the district in which the site is located. 2 . The proposed location of the conditional use and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. 3 . The proposed conditional use will comply with each of the applicable provisions of this title, except for approved var!pnces or adjustments . 4 . The proposed conditional use complies with the goals , objectives, and policies of the city' s adopted general plan. 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 approval of Conditional Use Permit 94-12 is hereby granted for reasons subject to the attached conditions . PLANNING COMMISSIOESOLUTION NO. 1659 r PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 6th day of September, 1994 , by the following vote, to wit: AYES: BEATY, JONATHAN, WHITLOCK, SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ROBERT A. SPIEGEL, Chairperson ATTEST: 416 .-eg,ft°07)1 RAMON A. DIAZ , S c a%-ry Palm Desert Planni • Commission 2 4IFPLANNING COMMISSIOWESOLUTION NO. 1659 2' CONDITIONS OF APPROVAL CASE NO. CUP 94-12 Department of Community Development Special Conditions : 1 . That the applicant acquire through purchase or long term lease adequate property within 300 feet of the church to design and construct to city parking lot standards a parking lot providing sufficient parking to comply with city parking standards . If the property is acquired through long term lease, any termination clause is to be approved by the city. 2 . That the applicant provide the city with a title report which confirms that there is no legal encumbrance ( i .e. easement, etc . ) which would prohibit alteration of the driveway south of Larrea. 3 . That fire access to the south be provided to the satisfaction of the fire marshall . 4 . That the city council approve the architectural plans specifically the height and size of the dome element. 5 . Maximum seating capacity at any one time shall directly relate to the amount of permanent parking provided by the church facility ( i .e . three persons per parking space per ordinance requirement) . Department of Community Development Standard Conditions : 1 . The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions . 2 . Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3 . The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4 . Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies : 3 PLANNING COMMISSIO! ESOLUTION NO. 1659 41, Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5 . Access to trash/service areas shall be placed so as not to conflict with parking areas . Said placement shall be approved by applicable trash company and department of community development. 6 . Project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, TUMF, School Mitigation and Housing Mitigation fees . 4 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6 , 1994 VIII . PUBLIC HEARINGS A. Case No. CUP 94-12 - CHARLES MARTIN for SAINT GEORGE ORTHODOX GREEK CHURCH, Applicant Request for approval of a conditional use permit to allow expansion and remodel of the existing Saint George Orthodox Greek Church located in the office professional zone at the southwest corner of Larrea and Lantana, 74-109 Larrea. Mr. Smith reviewed the salient points of the staff report. He noted that just before the meeting the applicant gave him three additional letters from property owners in the area authorizing the use of their property for parking purposes during church services . Staff recommended that the church provide their own parking lot in the neighborhood. Based on the calculations for the size of the sanctuary with 205 seats, the ordinance would require 68 parking spaces . Staff was not including a requirement for the kitchen or dining facility, which was quite substantial because staff felt there would be almost 100% cross over use of that dining area . The parking for the sanctuary would be adequate for the rest of the facility. The architecture received preliminary architectural review commission approval . Due to the height of the dome it would have to be approved by the city council . Staff recommended approval subject to conditions that included the following: 1 ) provision of permanent parking for the facility--the four property owners currently allowing the use of their property during church services all had the right to terminate the use for parking at any time . Staff was looking for property acquisition by the church for their own parking or at least a long term lease; if they chose the long term lease the city would like to review the procedure for termination; 2 ) the dome element would go to city council for approval ; and 3 ) a title report to confirm placement of the building on the lot. Mr. Smith said that with those conditions and the others listed in the draft resolution, staff would recommend approval . Commissioner Jonathan asked if the three additional letters/ parking agreements received tonight were the revocable kind; Mr. Smith confirmed they were the same as those provided with the staff report . Condition #1 would still apply. 3 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6 , 1994 Chairperson Spiegel asked how staff arrived at 68 required parking spaces . Mr. Smith explained that the ordinance required one parking space for every three seats and the applicant had a provision for 205 seats in their sanctuary. Chairperson Spiegel noted that ARC granted preliminary architectural approval ; he asked what preliminary meant . Mr. Smith noted that if the working drawings implemented what the architectural commission had been shown so far, they would approve the working drawings . Commissioner Whitlock asked if any of the letters received were from the nearby residential community; Mr. Smith noted that Mr. Martin had a colored sketch of where the letters came from. Commissioner Whitlock asked if the on-street parking ran into that neighborhood. Mr. Smith replied no . Chairperson Spiegel opened the public testimony and asked the applicant to address the commission. MR. CHARLES MARTIN, Architect residing in Rancho Mirage, gave the commission the diagram showing the location of the letters received. Commissioner Whitlock asked if on-street parking went into the residential area; Mr. Martin replied no . Mr. Martin said that Father Tavlarides and George Flessas , the President, were both present and would speak on this matter. He stated that he was excited about this project. The church building committee included architects and engineers and he believed that based on photos seen and how the structures were built and small churches were done, that they had a wonderful project . He described the proposed architecture and noted that they hoped to save as much of the existing structure as possible for the hall and some ancillary uses . In the Greek Orthodox church, they could have one service on Sunday by one priest and this church only had one priest and was a small church. He noted the closest church was in San Bernardino. Parking was available to the church directly across the street where there were approximately 100 uncovered spaces and 20-30 covered spaces (where they did not park) ; next door was 10 spaces ; and Wells Fargo had about 24 spaces . He felt the parking was there--it had been there and that was how the church had always operated. There were 108 members and they could now seat comfortably about 80 people . Last Sunday there were 80 people present and 30 4 • MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6 , 1994 automobiles . The proposal was for 205 seats . As the congregation grew and got closer to the 68 automobiles, then they would use more of the parking across the street and adjacent to them. Commissioner Jonathan noted that the dining facility was adjacent to the sanctuary; he asked if it was designed to be used for overflow seating during the service . Mr. Martin replied yes , the ceremony would not be visible, but they could participate via audio visual . It could be used as free seating because it would be an open hall . Commissioner Jonathan asked what that would bring the potential capacity to; Mr. Martin replied 410 persons . Chairperson Spiegel noted that they were a few feet down from the First Church of Christ; he asked if it were possible to use any of their parking. He noted that on Highway 74 the Episcopal and Presbyterian churches had a lot in between that was used by both congregations . He asked if there was any possibility of that sort of thing happening. Mr. Martin stated that Mr. Flessas could address that issue. Mr. Diaz asked what the odds were for the dining room being used as seating for a service; Mr. Martin referred the answer to Father Tavlarides . Chairperson Spiegel asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . MR. GEORGE FLESSAS, a resident of Palm Desert, stated that he would be pleased if they ever had 410 people in the church, but that was a long way down the road. He indicated he was the president of the parish council and they were a very small parish with 108 member units and about one third of those were part timers who lived in other parts of the country and supported them as members and financially. Their group of parishioners came together and felt they could make the sacrifice, do the work, and raise the funds to build a church/remodel their present structure so they had a place that really was a church. As stated earlier, this was originally a home that had been added onto. Mr. Martin referred to the narthex, which was more of an entryway to go into the sanctuary. To get the seating they were talking about they had chairs in the narthex; they also had people seated with the choir, but in order to fill the church they had to have people seated where they could not even see the service or altar. He felt they were 5 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6, 1994 good neighbors and they maintained the structure and landscaping very well . He also felt that the parking, while it appeared to be an obstacle, they had arrangements with some of the neighbors including HMS across the street with well over 100 parking spaces. Originally, because they knew they only needed 68 parking spaces, they just asked for part of that parking facility. This afternoon they talked with the property manager and he anticipated no problem in giving approval for the entire parking area, but they had absentee ownership and he had to contact them. He said they were proud of their orthodox faith; they wanted a church structure that was a church that they could worship in and wanted a place of beauty that would enhance the entire neighborhood. The architect said this was a project he had really become excited about and all of them were excited. This was a dream they had envisioned and they had worked hard to raise a great deal of money and they felt that their plan would enhance the beauty of the entire neighborhood and Palm Desert. They wanted to replicate some of the small orthodox churches seen in the greek islands and felt they had a plan to do that. Many of their neighbors were eager for them to start; some of the letters had comments written on them and they said vocally that they wanted to see the church built. While the dome was relatively high, they were not blocking anyone' s view. There was nothing but commercial buildings around them. He asked the commission to strongly look upon their proposal in a favorable way and help them to proceed to make their dream come true. MS. BETTY LOU RAINES, representing the Christian Science Church, stated that they were thrilled and happy for the church that they could go ahead with their dream. She wanted to clarify that as far as their parking lot was concerned, during the height of the season they fill that and the street around them, so there would not be any way of making a concession. FATHER JAMES TAVLARIDES stated that he has been here for three years and they prayed hoping the Lord would bless them with a beautiful edifice. They were a very proud people; they had beautiful homes and their Lord was in a dilapidated place and when it rained it was safer outside than inside. He felt this church would beautify the place for the glory of God and for the sanctification of his people. 6 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6 , 1994 Chairperson Spiegel closed the public hearing and asked for commission comments . Commissioner Beaty said he had no problems with Sunday services when businesses were closed, but asked if there were services during the week. Mr. Flessas said there were brief services in the morning during the week, but they usually only had six to eight people attend. He noted that on Sunday when they had 30 cars last week, there was only one car parked across the street in the HMS building complex, which was his own. The rest were on the street or around the corner of the building. They do not currently have a problem. Commissioner Whitlock stated that she still had some concerns about the parking situation because the church did not know when their neighbors could change their minds , so she concurred with staff ' s recommendation that permanent parking was necessary, otherwise she had no problem with the remodeling and felt it would be a beautiful addition to that street. Commissioner Jonathan said he would like to help them make their dream come true, but adequate parking was needed. He noted that at least 68 spaces were needed. Also, with the use of the dining room and 410 seats , the requirement would be for 137 parking spaces . He said he would not be comfortable voting approval until there was a permanent parking solution. Regarding the height of the dome, he would not address that issue at this point . Chairperson Spiegel asked how Commissioner Jonathan felt about the conditions proposed by staff in the staff report . Commissioner Jonathan said if staff was not looking for a recommendation to council with regard to the height of the dome, that was fine. With regard to the acquisition of 68 parking spaces , he was not entirely comfortable with that but in the spirit of cooperation and moving along, he would be okay with those conditions with an additional requirement that seating be limited to 205 . He said he would like to add that condition. Chairperson Spiegel also felt there was a parking problem. He noted that if a shopping center or restaurant was being proposed, they would have to provide parking. Rather than hold the applicants up, he suggested approving the church with four specific conditions : 1 ) the city council had to approve the architectural plans ; 2 ) that a long term agreement be reached for 68 parking spaces ; 3 ) applicant provide to the city a title report that confirms that there 7 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6 , 1994 are no legal encumbrances which would prohibit the alteration of the driveway; and 4 ) seating be limited to 205 individuals . That was his recommendation. Commissioner Jonathan stated that he would make that a motion. Mr. Diaz indicated that if they had access to potentially over 100 parking spaces , he asked if there was a need to limit the seating in the church portion if they had access to more. Commissioner Jonathan said the other alternative was to say that seating was limited according to the formula; three seats for every parking space beyond 68 . Mr. Diaz said that the only people impacted le im acted with the parking withdrawn were the folks who would grant permission for parking and then withdraw it. He asked if they could say to go ahead with the 205 limitation and if they could show staff that they could provide up to those spaces to meet the formula, then they could have that many, but if they lost the spaces, then they would have to go back to the 205 . That gave them more to work with. Chairperson Spiegel noted that the project had to go to citycouncil . If the commission delayed it here, it would just delay their project . He asked if Commissioner Jonathan agreed with the amendment proposed by Mr. Diaz . Commissioner Jonathan said for permanent acquisition of parking, not revocable parking that could be withdrawn. He said he wanted a permanent agreement through either contract or acquisition; they were putting up a permanent building and he would hate to have that hanging on a revocable agreement. He said that his motion stood, but corrected it to a ratio of three seats per parking space; wherever that seating was--if they wanted to overflow into the dining area, as long as they had three seats per parking space that was fine . The sanctuary portion could only hold 205 individuals . Chairperson Spiegel noted that if they limited the number of seats to 205, that would not be a problem for a number of years . He suggested staying with the 205 person maximum ( i .e . 68 spaces) and if a problem arose, then they could modify it at that point . He did not feel it would come back to them for a long time. Commissioner Whitlock asked for clarification that they were limiting the seating to 205 ; Commission concurred. Commissioner Whitlock seconded the motion for approval . Action: Moved by Commissioner Jonathan, seconded by Whitlock, approving the findings as presented by staff . Carried 4-0 . 8 • MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6 , 1994 Moved by Commissioner Jonathan, seconded by Commissioner Whitlock, adopting Planning Commission Resolution -No. 1659 , approving CUP 94-12 subject to conditions as amended. Carried 4-0 . Commissioner Beaty noted that this was a conditional use permit and they could come back in the future for a revision. Father Tavlarides stated that he came from Phoenix where he was pastor for 26 years and that church increased from 260 members to 600 members . He knew here the Jewish people were looking to find a bigger place; if they were blessed they would not stay there, but for ten years they would use the same facility and there would be no problems . (Commissioner Jonathan left the meeting at this time. ) B. Case No. CUP 91-13 Amendment #1 - COLLEGE OF THE DESERT ALUMNI ASSOCIATION, Applicant Request for approval of an amendment to a conditional use permit to allow operation of the College of the Desert Street Fair between the hours of 7 : 00 a.m. and 2 : 00 p.m. on Saturdays . Present Saturday hours of operation are limited to 7 : 00 a.m. to 12 : 00 p.m. Mr. Diaz explained that the request was to increase the hours of operation for the Street Fair on Saturdays from 12 : 00 p.m. to 2 : 00 p.m. , which meant two additional hours . In looking at the conditions of the conditional use permit that were imposed when the street fair was first approved, the situation around the region was different. Today there were open air markets , principally the one approved by Palm Springs, and during the hearings on that particular plan, he recalled one member of the Palm Springs Council saying that now people could go there instead of to the College of the Desert. That was why the additional two hours were being requested; to give the street fair an opportunity to be competitive with that swap meet and others being proposed. He felt it had been beneficial to the community; revenues for licensing was $114 , 151 . In terms of funds to the College of the Desert, last year there was a picture in the local paper with the College receiving $413 ,242 . For non-profit organizations , they have been given free space at the street fair; the community cooperation shown by the organization 9