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HomeMy WebLinkAboutRes 04-108 PP 04-07 Office Bldg. 73-168 Hwy 111 RESOLUTION NO. 04-108 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Consideration of an appeal to a decision of the Planning Commission denying PP 04-07 to construct a two-story, 5,250 square foot office / commercial retail building at 73-168 Highway 111 SUBMITTED BY: Francisco J. Urbina, Associate Planner APPELLANT / CASE APPLICANT: Allan Zylstra 12161 Firestone Blvd. Norwalk, CA. 90650 ARCHITECT: Dirksen & Associates Attn: Rick Dirksen 9461 Hughes Drive Corona, CA. 92883 CASE NO: PP 04-07 DATE: October 14, 2004 ATTACHMENTS: A. Draft City Council Resolution B. Appeal Application C. Planning Commission minutes, July 20, 2004 D. Planning Commission Staff Report, July 20, 2004 E. Petition & letters from adjacent property owners F. Letter from Jim Demetriou, adjacent property owner Recommendation: OPTION A: That the City Council continue the public hearing on the appeal to a date uncertain to allow for a consultant's report analyzing the implementation of a public parking lot along the Alessandro alley to be completed, reviewed, and acted upon by the City Council or Redevelopment Agency Board. OPTION B: That the City Council grant the appeal and adopt City Council Resolution No. 04-108 reversing the Planning Commission's denial of PP 04-07, with an added condition linking the issuance of a building permit to the timing of the potential Alessandro Alley parking program. RESOLUTION NO. 04-108 Staff Report Allan Zylstra PP 04-07 October 14, 2004 I. EXECUTIVE SUMMARY: The applicant proposes to demolish two older vacant buildings at the project site and replace these with a new two-story, 5,250 square foot, multi-tenant building for offices and general retail uses. The 7,320 square foot project site is located on the north side of Highway 111 frontage road north, 830 feet east of Monterey Avenue and 160 feet west of San Marcos Avenue. The site is within the Palma Village Specific Plan and the Core Commercial Area Specific Plan. These plans and the City's new General Plan identify the need for a public parking lot in this area to encourage the rehabilitation and expansion of existing buildings in the area. The project site plan provides nine of the 21 required parking spaces on-site. The remaining 12 spaces would be provided in the future public parking lot directly behind the project. Staff had recommended to the Planning Commission that the applicant deposit in-lieu parking fees ($60,000) to assist the City in constructing a public parking lot along the Alessandro alley. The Planning Commission concluded that since the City Council had not yet initiated the public parking program, the public spaces could not be used to satisfy the 12-space on-site deficiency. The Commission felt the project was premature. At the October 14, 2004 Redevelopment Agency Board meeting, Redevelopment staff will ask the Board to authorize staff to select and retain consultants to prepare a report discussing the steps necessary to implement a public parking lot along the Alessandro alley. II. BACKGROUND: The property is zoned C-1, SP (General Commercial, Scenic Preservation Overlay District) and is designated Community Commercial on the City's General Plan Land Use Map. The property is within the Palma Village Specific Plan and is designated Core Commercial. The project will fulfill the following specific plan policy: The City shall take a proactive role in promoting compatible high quality infill private development and public works consistent with the area policy criteria. 2 RESOLUTION NO. 04-108 Staff Report Allan Zylstra PP 04-07 October 14, 2004 The project site is also within the Core Commercial Area Specific Plan. These specific plans and the new General Plan propose that the City's Redevelopment Agency acquire portions of residential properties along the north side of the Alessandro alley to create a public parking lot. Many commercial properties along the Highway 111 frontage road north, including Mr. Zylstra's property, are small and lack off-street parking. Development of a public parking lot in this area would encourage the rehabilitation and expansion of older commercial buildings, or the construction of new buildings to replace older ones, as Mr. Zylstra proposes. At the October 14, 2004 Redevelopment Agency Board meeting, Redevelopment staff will ask the Board to authorize the selection of consultants to prepare a report discussing the steps necessary to implement the public parking lot along the Alessandro alley that is identified in the Palma Village and Core Commercial Area Specific Plans and in the new General Plan. A. ADJACENT ZONING AND LAND USE: North: C-1, SP & R-1 / 20' wide public alley and vacant parcel South: C-1, SP / Highway 111 frontage roads and commercial East: C-1, SP / Cherokee Homes offices West: C-1, SP / offices B. GENERAL PLAN LAND USE DESIGNATION: Community Commercial III. PROJECT DESCRIPTION: The precise plan proposes the construction of a 5,250 square foot two-story building. The building will be divided into six tenant spaces. The spaces on the first floor will be leased for either professional office or general retail uses. The spaces on the second floor will be leased to professional office tenants. The site plan provides nine of the 21 required off-street parking spaces. Access to the parking area will be from the Alessandro alley abutting the rear of the site. With the exception of off-street parking requirements, the project complies with applicable zoning ordinance development standards as illustrated in the following table. 3 RESOLUTION NO. 04-108 Staff Report Allan Zylstra PP 04-07 October 14, 2004 Comparison of Zoning Ordinance and Project Development Standards STANDARD C-1 DISTRICT PROJECT Building Height 30 feet 27 feet Front Setback 5 feet 5 feet, with a architectural projections of 3'-9" Rear Setback 0 feet, except when 61 feet, adjacent adjacent to residentially alley to north is zoned property there shall zoned C-1, SP be a 10-foot deep landscaped setback Interior Side Yard 0 feet, except when 5 feet adjacent to residentially zoned property there shall be a 10-foot deep landscaped setback Parking 1 space per 250 square 9 parking spaces feet of gross floor area; provided at rear of 5,250 square feet of project project site. floor area = 21 required Applicant proposes parking spaces to pay in lieu parking payments for the remaining 12 required spaces Lot Coverage No maximum lot coverage 48% specified Landscaping 15% 18% (Parking Lot Area) Architecture: The Architectural Review Commission granted preliminary approval of the project on May 11, 2004. The building will have exterior stucco walls in three colors: brown, light gray and off-white. The building's columns will use ledgestone. A sloping 15-foot wide skylight will connect the east and west halves of the building. An atrium with walkways and planters will be located underneath the skylight. Parking: To deal with the project's 12-space deficiency, a Planning Commissioner suggested that the size of the 5,250 square foot building be reduced to lower the number of required off-street parking spaces. The applicant's response was that the proposed building size has to be retained for the project to remain economically feasible. 4 RESOLUTION NO. 04-108 Staff Report Allan Zylstra PP 04-07 October 14, 2004 Our recommendation that the Planning Commission approve the project was made in anticipation of the City Council taking action to implement a public parking program in the area. Since the proposed project would improve the existing appearance and economic viability of the project site, staff did not want to discourage the applicant. Development of a public parking lot along the Alessandro alley would eventually mitigate the project's shortage of 12 parking spaces. Department of Community Development condition #6 requires the property owner to make a financial contribution of $5,000 per parking space, equivalent to approximately one-half the cost of acquiring and developing the required spaces. Planning Staff conducted surveys of available parking on the Highway 111 frontage road in front of the project site at different times on eight days from May 24, 2004 to June 25, 2004. The purpose of the surveys was to determine if there was sufficient on-street parking to provide a short-term solution to the project's 12-space deficiency until a public parking program is implemented. The section of Highway 111 frontage road between San Marcos Avenue on the east and Radio Active Electronics on the west can accommodate approximately 51 parallel parking spaces. The parking surveys revealed that the number of vacant parking spaces varied between 26 and 39. The Planning Commission believed that parking surveys should be done during the peak season (winter). The application was filed on February 27, 2004. Staff did not want to delay the project by waiting until January 2005 to conduct parking surveys of vacant spaces along the Highway 111 frontage road. Traffic volumes for Highway 111 are approximately 36% higher during the peak season than in summer months. Therefore, using this 36% difference in traffic volume, the number of vacant parking spaces along the Highway 111 frontage road north during January would likely have varied between 16 and 25, enough to temporarily accommodate project's 12-space parking deficiency. We agree with the Planning Commission that Mr. Zylstra's project would be premature until there is certainty that a public parking program will be implemented in this area. Neighborhood comments: On September 23, 2004, the City Council received a signed petition and letters (copies attached) from 14 of the 23 commercial property owners adjoining the alley that expressed concern about the lack of parking for their customers and requested that the City Council approve the construction of a parking lot along the alley. We agree that a public parking lot is needed in the area. Jim Demetriou, the owner of a multi-tenant commercial building to the west, submitted a letter dated July 20, 2004 to the Planning Commission (copy attached) objecting to Mr. Zylstra's request to reduce the number of off-street parking spaces at his project site. 5 RESOLUTION NO. 04-108 Staff Report Allan Zylstra PP 04-07 October 14, 2004 The solution to the project's 12-space parking deficiency would be for the City Council or Redevelopment Agency Board to initiate implementation of a public parking lot in the area. Under the Option B recommendation to the City Council, Department of Community Development condition no. 11 states that a building permit for the project will not be issued unless the City Council or Redevelopment Agency Board have authorized the construction of a public parking lot in the area. Furthermore, a building permit for Mr. Zylstra's project would not be issued more than one or two years before the completion date of the public parking lot in order to reduce the period of time that Mr. Zylstra's completed project would be temporarily short 12 off-street parking spaces. IV. APPEAL OF PLANNING COMMISSION DENIAL OF PP 04-07 Mr. Zylstra filed an appeal application on August 4, 2004 (copy attached). The appeal gives the following reasons why the City should approve the appeal: • Approval of this plan will convert an abandoned city eyesore into a productive and aesthetic benefit to the community that will generate revenue for the city. • New on-site parking spaces, when combined with street and thirty-five public spaces at [Walgreen's Drugs], will be more than adequate to address current needs. In addition, the City is planning to convert an adjacent vacant property into a parking lot that will ultimately enhance access and convenience for customers of stores in the immediate area. • If the conversion of the adjacent property into a parking lot takes even two years, the timing will be adequate as the new building could take as much as 1 year to be completed. The temporary street parking and availability of [Walgreen's Drugs] parking will be sufficient for the needs of the new building until completion of the adjacent [public parking] lot. Staff response: Replacing the older vacant buildings with the proposed new building would improve the appearance of the site and generate new revenue for the City. Since the Walgreen's parking lot is 600 feet northwest of Mr. Zylstra's site, it is unlikely that his customers would be willing to park there because they would perceive the walking distance to his site as being too long and inconvenient. Mr. Zylstra's statements regarding parking only refer to short-term parking solutions until a public parking program is implemented. We agree that the availability of on-street parking would be sufficient to temporarily accommodate the 6 RESOLUTION NO. 04-108 Staff Report Allan Zylstra PP 04-07 October 14, 2004 project's 12-space parking deficiency, while a public parking lot is constructed. Under Department of Community Development condition no. 11, a building permit for the project will not be issued unless the City Council or Redevelopment Agency Board have authorized the construction of a public parking lot in the area. Furthermore, a building permit for Mr. Zylstra's project would not be issued more than one or two years before the completion date of the public parking lot in order to reduce the time that Mr. Zylstra's completed project would be temporarily short 12 off-street parking spaces. V. ENVIRONMENTAL REVIEW: The project is exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15303 (Class 3, new construction of conversion of small structures) of CEQA Guidelines. VI. CONCLUSION: Construction of the proposed building will revitalize a commercial zoned parcel by replacing older distressed buildings with a new well-designed building. The new building will have a quality contemporary design that was approved by the Architectural Review Commission. With the exception of the 12-space parking deficiency, the project complies with Zoning Ordinance development standards. After adjusting for higher traffic volumes during the winter, parking surveys by Planning staff determined that there are a sufficient number of vacant on-street parking spaces (16 to 25) along the Highway 111 north frontage road to temporarily accommodate the project's 12-space parking deficiency until the City's Redevelopment Agency constructs a parking lot along the Alessandro alley adjacent to the project site. We agree with the Planning Commission that Mr. Zylstra's project is premature until there is certainty that the public parking program will be implemented. That is why we are recommending a new Department of Community Development condition no. 11 that would delay issuance of building permits for the project until a public parking program is approved and there is a known date for completion of the construction. The findings for approving a precise plan can be affirmed. These findings are included in City Council resolution attached to this staff report. In Option A of the two recommendations to the City Council, a decision on the project would be delayed until a public parking program is established. Under Option B, the Council could grant the appeal with conditions of approval that would withhold issuance of building permits for the project until a public parking program is approved and there is a known date for completion of the construction. 7 Staff Report RESOLUTION NO. 04-108 Allan Zylstra PP 04-07 October 14, 2004 Submitted by: Department Head: • ncisco J. Urbin Ph lip Drell Associate Planner Director of Community Development Approval: o er Croy Assistant City Man er for Development Services Carlos L.gega CITY COUNCIL A ION: City Manager APPROVED # DENIED * 1) By Minute Motion, granted the appeal. RECEIVED OTHER 2) Waived further reading and adopted MEETING DATE O Resolution No. 04-108, reversing the AYES: (�'7 Planning Commission's denial of Case NOBS: 7 (J} No. PP 04-07, with added conditions ABSENT: `�('fl of approval designed to mitigate the ABSTAIN: shor-term parking requirements. VERIFIED BY: p!Lektpyr1 Original on File wi.th City Clerk's Office Recommendations approved. 4-0 (Benson ABSENT) 8 CITY COUNCIL RESOLUTION NO. 04-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, GRANTING AN APPEAL AND REVERSING PLANNING COMMISSION DENIAL OF PP 04-07 TO ALLOW CONSTRUCTION OF A 5,250 SQUARE FOOT OFFICE / COMMERCIAL RETAIL BUILDING AT 73-168 HIGHWAY 111 CASE NO. PP 04-07 WHEREAS, the City Council of the City of Palm Desert, California, did on the 14'h day of October, 2004 hold a duly noticed public hearing to consider an appeal by Allan Zylstra regarding Planning Commission denial of PP 04-07 to allow a 5,250 square foot office / commercial retail building at 73-168 Highway 111; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council finds the following facts and reasons to justify granting the appeal and reversing Planning Commission denial of PP 04-07: 1. The precise plan is well designed with quality architecture. 2. The precise plan implements the goals and objectives of the General Plan and the Palma Village Specific Plan. 3. With the exception of parking, the precise plan complies with zoning ordinance requirements. Adequate on-street parking exists to meet the short term requirements of the project. The applicant shall participate financially in the long term parking solution as described in the General Plan. 4. The design of the precise plan will not substantially depreciate property values in the vicinity, nor be materially injurious to properties or improvements in the vicinity. 5. The precise plan will not unreasonably interfere with the use and enjoyment of the property in the vicinity by the occupants thereof for lawful purposes. 6. The precise plan will not endanger the public peace, health, safety, or general welfare. 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 City Council in this case. City Council Resolution No. 04-108 2. That approval of the Precise Plan 04-07 is hereby granted subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 14th day of October, 2004, by the following vote, to wit: AYES: CRITES, FERGUSON, KELLY, SPIEGEL NOES: NONE ABSENT: BENSON ABSTAIN: NONE ROBERT A. SPIEGEL, Mayor ATTEST: RACHELLE D. KLASSEN, CITY CLERK City of Palm Desert, California 2 City Council Resolution No. 04-108 CONDITIONS OF APPROVAL CASE NO. PP 04-07 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, 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: Coachella Valley Water District Palm Desert Architectural Review Commission City Fire Marshal Public Works Department Waste Management of the Desert 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. Applicant shall participate in a commercial recycling program as determined by the City and applicable Waste Disposal Company. 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. Prior to the issuance of building permits, the property owner shall deposit in-lieu parking fees with the City in the amount of $5,000 per parking space ($60,000 total) to mitigate the shortage of 12 parking spaces. The funds may be used to implement a General Plan program to provide public parking in the area. 3 City Council Resolution No. 04-108 7. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 8. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of theproject, which agreement shall be notarized p g g and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 9. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, Fringe-Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees. 10. All roof-mounted mechanical equipment shall be screened by a parapet wall around the perimeter of the building that is at least as high as the highest piece of mechanical equipment. Construction drawings submitted for plan check shall include a roof plan showing locations of roof-mounted mechanical equipment and cross-section drawings showing parapet wall heights as well as heights of roof- mounted mechanical equipment. 11. Before building permits may be issued for building permits for the project, the following sequence of events must first occur: a. The City Council or Redevelopment Agency Board shall have taken action to fund a public parking lot in the area. b. A completion date for construction of the parking lot, or a completion date for a minimum 12—space portion of the parking lot, shall be established. Building permits will not be issued for the project more than two years in advance of the completion date of the public parking lot, or a 12-space portion of the parking lot. 12. If the proposed building is constructed and completed prior to the completion of a public parking lot along the Alessandro Alley, an interim parking program shall be developed to accommodate the project's 12-space parking deficiency. The interim 4 City Council Resolution No. 04-108 parking program may include implementing such measures as, but not necessarily be limited to, requiring employees of the project to park their vehicles at the easterly end of the Walgreen's Drugs parking lot so that the project site's 9-space parking lot remains available for customers, or the City may purchase a nearby vacant residential parcel on the north side of the Alessandro Alley and convert it into a parking lot for use by project employees and customers. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Ordinance 653, shall be paid prior to the issuance of a grading permit. 2. Signalization fees, in accordance with Cityof Palm Desert Resolution Nos. 79-17 g and 79-55, shall be paid prior to issuance of any permits associated with this project. 3. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 4. A complete preliminary soils investigation, conducted by a registered soils r shall be submitted to, and approved by, the Department of Public engineer, 9 � PPP Works prior to the issuance of a grading permit. 5. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. 6. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. All off-site improvements shall be completed prior to the issuance of any certificate of occupancy. 7. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. 5 City Council Resolution No. 04-108 8. Landscape installation on the property frontages as well as on-site shall be drought tolerant in nature and maintenance shall be provided by the property owner. 9. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Control and Section 24.20, Stormwater Management and Discharge Control. 10. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans/site improvement plans and specifications shall be submitted to the City Engineer for checking and approval prior to issuance of any permits. Preliminary landscape plans shall be submitted for review concurrently with grading plans. 11. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 12. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards and the city's Circulation Network including: • Remove existing driveway approach on the frontage road and replace with city curb, gutter and sidewalk. 13. Size, number and location of driveways shall be to the specifications of the Public Works Department with one driveway approach permitted to serve this property from the alley. 14. Applicant shall record an irrevocable offer of reciprocal access easement to the properties to the east and west. 15. All existing and proposed utilities shall be undergrounded. 16. Block walls along property lines in parking area shall be eliminated. Riverside County Fire Marshal: 1. With respect to the conditions of approval regarding the above referenced project, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC or any recognized Fire Protection Standards: 6 City Council Resolution No. 04-108 The Fire Department is required to set a minimum fire flow for the remodel or construction of all buildings per UFC article 87. 2. A fire flow of 1500 gpm for a 1-hour duration at 20 psi residual pressure must be available before any combustible material is placed on the job site. 3. Provide or show there exists a water system capable of providing a gpm flow of: 3000 gpm for commercial buildings 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"x2"-1/2" x2-1/2", located not less than 25 feet nor more than: 150' from any portion of a commercial building measured via vehicular travelway. 5. Water Plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 6. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with a 3000 square foot total cumulative floor area. The Fire Marshal shall approve the locations of all post indicator valves and fire department connections. All valves and connections shall not be less than 25 feet from the building and within 50 feet of an approved hydrant. Exempted are one and two family dwellings. 7. All valves controlling the water supply for automatic sprinkler systems and water- flow switches shall be monitored and alarmed per UBC Chapter 9. 8. Install a fire alarm system as required by UBC Chapter 3. 9. Install portable fire extinguishers per NFPA 10, but not less than one 2A1OBC extinguisher per 3000 square feet and not over 75 feet walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 10. All building shall be accessible by an all-weather roadway extending to within 150 feet of all portions of the exterior walls of the first story. The roadway shall not be less than 24 feet of unobstructed width and 13'6" of vertical clearance. Where parallel parking is required on both sides of the street the roadway must be 36 feet wide, and 32 feet wide with parking on one side. Dead-end roads in excess of 150 feet shall be provided with a minimum 45-foot radius turn-around, 55 foot in industrial developments. 11. All buildings shall have illuminated addresses of a size approved by the city. 7 City Council Resolution No. 04-108 12. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 13. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained with twelve months. 14. Verify locations of fire hydrants. If project needs one, verify flow and location. 8 CITY OF PALM DESERT, uALIFORNIA ,-, •f.�•.. �.. •.• �i 6.iJ'i..1 I Ir iJ CITY CLERK'S OFFICE ►'' APPLICATION TO APPEALA`M DESERT. CA i 2004 AUG -4 P1912: 30 '•lt*. ,m:'� DECISION OF THE PI" n i n C'0/Y101 f 5 5/ �•.FO�a��3;t'r � � (Name of Determining Body)m Case No. 1 P Q L -0 7 Date of Decision: Name of Appellant iJ// , Z iSth erCi Phone JZA—ga a "o882.. Address 73 al e? Ayitahtzt7/' (/Jrapetiv Description of Application or Matter Considered: H 1 CD1 S ucf fW0 S .SO OrnCeke) Sri l`4. refa i GL 'l mg at 75 /c P yh wali /// l �� Reason for Appeal (attach additional sheets if necessary): • aStketirt (Sign of Appellant) OR OFFICIAL USE ONLY Date Appeal Filed: R' Y d Fee Received: �n Treasurer's Receipt No. 35; a Received by: Date of Consideration by City Council or City Official: Tde5,e) Action Taken: Date: Rachelle D. Klassen, City Clerk COPY TO Plarintr6 „„klassenlwpdata,,,DocswoRMs‘appl to appeal wpd DATE y" 7 tit/ Rev 6/29/02 Approval of this plan will convert an abandoned city eyesore into a productive and aesthetic benefit to the community that will generate revenue for the city. New on-site parking spaces, when combined with street and thirty- five public spaces at the Wahlgren Center, will be more than adequate to address current needs. In addition, the city is planning to convert an adjacent vacant property into a parking lot that will ultimately enhance access and convenience for customers of stores in the immediate area. If the conversion of the adjacent property into a parking lot takes even two years, the timing will be adequate as the new building could take as much as 1 year to be completed. The temporary street parking and availability of Wahlgren Center parking will be sufficient for the needs of the new building until completion of adjacent lot. CITY COUNCIL RESOLUTION NO. 04-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, GRANTING AN APPEAL AND REVERSING PLANNING COMMISSION DENIAL OF PP 04-07 TO ALLOW CONSTRUCTION OF A 5,250 SQUARE FOOT OFFICE I COMMERCIAL RETAIL BUILDING AT 73-168 HIGHWAY 111 CASE NO. PP 04-07 / WHEREAS, the City Council of the City of Palm Desert, Californi did on the 14th October, 2004 hold a duly noticed public hearing to consider an appe by Allan Zylstra regarding Planning Commission denial of c -07 to allow a 5,25 square foot office / commercial retail building at 73-168 Highw1; and WHEREAS, upon hearing and consg all testimonjand arguments, if any, of all persons desiring to be heard, said City CI finds the f lowing facts and reasons to justify granting the appeal and reversing PlaCommis ion denial of PP 04-07: 1. The precise plan is well designed with qu lity architecture. 2. The precise plan ' plements the goals and objectives of the General Plan and the Palma Vill e Spific Plan: 3. With the exc6ption f parking; the precise plan complies with zoning ordinance requ cemints. Adequate on-street parking exists to meet the shorter requirements of'the project. The applicant shall participate financi ly the ;long term parking solution as described in the General Plan. 4. Th de ign ; f the precise plan will not substantially depreciate property value in the vicinity, nor be materially injurious to properties or improvements in the vicinity. 5. The precise plan will not unreasonably interfere with the use and enjoyment of the property in the vicinity by the occupants thereof for lawful purposes. 6. The precise plan will not endanger the public peace, health, safety, or general welfare. 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 City Council in this case. CITY COUNCIL RESOLUTION NO. 04-108 2. That approval of the Precise Plan 04-07 is hereby granted subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 14th Day of October, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT SPIEGEL, Mayor ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California r---.. \ \ , \cy \., 1 CITY COUNCIL RESOLUTION NO. 04-108 CONDITIONS OF APPROVAL CASE NO. PP 04-07 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, 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 by'subject to the restrictions and limitations set forth herein which are in addjtitn to all municipal ordinances and state and federal statutes now in force, oriich hereafter may be in force. 4. Prior to issuance of a building permit for constructigt`i of any use contemplated by this approval, the applicant shall first obtain p its and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectura /Review ommission City Fire Marshal Public Works Department Waste Management of the Desert Evidence of said permit or cleancce from the above agencies shall be presented to the department of building ar7d safety at the time of issuance of a building permit for the use contemplated herewith. 5. Applicant shall participate in a commercial recycling program as determined by the City and applicable Waste Disposal Company. 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. Prior to the issuance of building permits, the property owner shall deposit in-lieu parking fees with the City in the amount of $5,000 per parking space ($60,000 total) to mitigate the shortage of 12 parking spaces. The funds may be used to implement a General Plan program to provide public parking in the area. 3 CITY COUNCIL RESOLUTION NO. 04-108 7. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 8. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape plan shall include a loig-term maintenance program specifying among other matters appropriate wat ring times, fertilization and pruning for various times of the year for the spec fic materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. /9. The project shall be subject to all applicable fees at time f issuance of building permits including, but not limited to, Art in Public PI es, Fringe-Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees 10. All roof-mounted mechanical equipment shall a screened by a parapet wall around the perimeter of the buildi that is at ast as high as the highest piece of mechanical equipment. Construction dra ngs submitted for plan check shall include a roof plan showing locations of rp6f-mounted mechanical equipment and cross-section drawings showing parapet/wall heights as well as heights of roof- mounted mechanical equipment. 11. Before building permits may be i &ued for building permits for the project, the following sequence of events m t first occur: a. The City Council or R evelopment Agency Board shall have taken action to fund a public park' g lot in the area. b. A completion dat for construction of the parking lot, or a completion date for a minimum 1 -space portion of the parking lot, shall be established. Building permits will not be issued for the project more than two years in advance of the completion date of the public parking lot, or a 12-space portion of the parking lot. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Ordinance 653, shall be paid prior to the issuance of a grading permit. 4 CITY COUNCIL RESOLUTION NO. 04-108 2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project. 3. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 4. A complete preliminary soils investigation, co ducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. 5. All public and private improvements shall be insp ted by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. 6. Any and all offsite improvements shall be preceded by the apFSval of plans and the issuance of valid encroachment permits by the Department of Public Works. All off-site improvements shall be completed prior q/f'he issuance of any certificate of occupancy. ,� 7. As required under Palm Des Municipal C de Section 26.28, and in accordance with Sections 26.40 and 26.44, c plete improvement plans and specifications shall be submit d to the Direct of Public Works for checking and approval befoe construction any impOvements is commenced. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the installation of/required offsite improvements prior to permit issuance. 8. Landscape installation on the prpperty frontages as well as on-site shall be drought tolerant in nature and Maintenance shall be provided by the property owner. 9. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Control and Section 24.20, Stormwater Management and Discharge Control. 10. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans/site improvement plans and specifications shall be submitted to the City Engineer for checking and approval prior to issuance of any permits. Preliminary landscape plans shall be submitted for review concurrently with grading plans. 5 CITY COUNCIL RESOLUTION NO. 04-108 11 . Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. \ N:l'\ -- 1 • ,\ 6 RESOLUTION NO. 04-108 12. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards and the city's Circulation Network including: • Remove existing driveway approach on the frontage road and replace with city curb, gutter and sidewalk. 13. Size, number and location of driveways shall be to the specifications of the Public Works Department with one driveway approach permitted to serve this property from the alley. 14. Applicant shall record an irrevocable offer o reciprocal access easement to the properties to the east and west. 15. All existing and proposed utilities shall be undergrounded. 16. Block walls along property lines in parking area shall be eliminated. Riverside County Fire Marshal: 1. With respect to the conditions of approval regarding the above referenced project, the fire department recommends the 1,dllowing fire protection measures be provided in accordance with City Manici I Code, NFPA, UFC, and UBC or any recognized fire Protection Starlards: The Fire Department is required to seta minimum fire flow for the remodel or construction of all buildings per UFC art' le 87. 2. A fire flow of 1500 gpm for a 1-hour duration at 20 psi residual pressure must be available before any combustible aterial is placed on the job site. 3. Provide or show there exists a ater system capable of providing a gpm flow of: 3000 gpm for commercial buil ngs 4. The required fire flow shall available from a wet barrel Super Hydrant(s) 4"x2"-1/2" x2-1/2", located of less than 25 feet nor more than: 150' from any portion of commercial building measured via vehicular traveiway. 5. Water Plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 6. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with a 3000 squa1e foot total cumulative floor area. The Fire Marshal shall approve the locations of all post indicator valves and fire department City Council Resolution No. 04-108 connections. All valves and connections shall not be less than 25 feet from the building and within 50 feet of an approved hydrant. Exempted are one and two family dwellings. 7. All valves controlling the water supply for automatic sprinkler systems and water- flow switches shall be monitored and alarmed per U C Chapter 9. 8. Install a fire alarm system as required by UBC Chap r 3. 9. Install portable fire extinguishers per NFPA 10, but not less than one 2A1OBC extinguisher per 3000 square feet and not over 75 f et walking distance. A "K" type fire extinguisher is required in all commercial kitc ens. 10. All building shall be accessible by an all-weather roadway extending • within 150 feet of all portions of the exterior walls of the first story. The ro- sway shall not be less than 24 feet of unobstructed width and 13'6" of vert''al clearance. Where parallel parking is required on both sides of the street t► - roadway must be 36 feet wide, and 32 feet wide with parking on one side. lead-end roads in excess of 150 feet shall be provided with a pinimum 45-f it radius turn-around, 55 foot in industrial d elopments. 11. All buildings shall have i iuminated addresses of a si approved by the city. 12. All fire sprinkler systems, fixed fire suppressi systems and alarm plans must be submitted separately to the Fire Marshal f r approval prior to construction. 13. Conditions subject to change with adop . n of new codes, ordinances, laws, or when building permits are not obtained ith twelve months. 14. Verify locations of fire hydrants. If p ject needs one, verify flow and location. 8 CITY OF PALM DESER, , CALIFORNIA CIT CLERK 'S OFFICE ►` APPLICATION TO APPEAtf-'' �E`ERT' CA •' �� Ite; , 2004 AUG -4 PM 12: 30 %� �a3 DECISION OF THE (4'n /1 i /1gC L0/17m/s 5/-, ee (Name of Determining Body) Case No. f P 0 -07 Date of Decision: Name of Appellant //t 7 /S K/7- Phone :5 7;L -oat' Address 7 -/ • L /// ro pert • Description of i" y���5Z-70(__) Application or Matter Considered: ttOv a/ of l 7`661 0-{fiC 0/Ylfher� 1a1 refa i / l-1ctiId1'4 a t 73 -/�� -High coal /// y /7r, !/fie et-?- Reason for Appeal (attach additional sheets if necessary): L(L Q �u (Sign of Appellant) OR OFFICIAL USE ONLY Date Ap peal Filed: �' V. D Fee Received: - `2-2/i1A'/ Treasurer's Receipt No. 35 Received by: �l-�/-)4/2� Date of Consideration by City Council or City Official: 7'/5/) Action Taken: Date: Rachelle D. Klassen, City Clerk COPY To �� n `►, H\rklassen\W PdalaMPDOCS\FORMS\appl to appeal wpd DATE_.... Rev 6/29/02 Approval of this plan will convert an abandoned city eyesore into a productive and aesthetic benefit to the community that will generate revenue for the city. New on-site parking spaces, when combined with street and thirty- five public spaces at the Wahlgren Center, will be more than adequate to address current needs. In addition, the city is planning to convert an adjacent vacant property into a parking lot that will ultimately enhance access and convenience for customers of stores in the immediate area. If the conversion of the adjacent property into a parking lot takes even two years, the timing will be adequate as the new building could take as much as 1 year to be completed. The temporary street parking and availability of Wahlgren Center parking will be sufficient for the needs of the new building until completion of adjacent lot. MINUTES PALM DESERT PLANNING COMMISSION JULY 20, 2004 main entrance. He agreed that a bus shelter is long overdue, and felt that the placement and payment for bus shelters is a regional issue and should not be made one development at a time. He indicated it is his hope the City Council will implement a regional solution to the bus shelter issues. Chairperson Jonathan stated that he would recommend in favor of the project, with the suggestion that the City Council give careful consideration to the list of concerns. Action: It was moved by Commissioner Lopez, seconded by Commissioner Campbell, approving the findings as presented by staff. Motion carried 3-2, with Commissioners Finerty and Tschopp dissenting. It was moved by Commissioner Lopez, seconded by Commissioner Campbell, adopting Planning Commission Resolution No. 2278, recommending to City Council approval of Case No. PP 04-13, subject to conditions. Motion carried 3-2, with Commissioners Finerty and Tschopp dissenting. >G. Case No. PP 04-07 - ALLAN ZYLSTRA, Applicant Request for approval of a precise plan to construct a two- story 5,250 square foot office/commercial retail building at 73-168 Highway 11 1 . Mr. Urbina outlined the salient points of the staff report, and noted that main issue regarding the proposed project is parking. The 5,250 square foot building requires 21 off-street parking spaces, and only 9 spaces are proposed. The applicant proposes to pay an in-lieu fee into a trust deposit account so that the funds may be used to implement a General Plan program to provide public parking in the area. The applicant requests that the Commission make a finding that there is sufficient on- street parking available on the Highway 111 frontage road to temporarily accommodate 12 of the project's 21 required parking spaces. He noted that staff conducted a parking survey and found there to be sufficient available on-street parking. 15 MINUTES PALM DESERT PLANNING COMMISSION JULY 20, 2004 Mr. Urbina further reported that staff received a fax from an adjacent property owner of an office building to the west expressing objection to the proposed in-lieu parking fee, which noted that he was required to develop according to the required number of parking spaces, and that the applicant should be required to do the same. Mr. Urbina pointed out that the site does contain older buildings that may be considered blighted, and the applicant intends to enhance the site with the new construction, but needs the square footage proposed in order to make the project financially feasible. Commissioner Tschopp asked about the size of the existing building, to which Mr. Urbina replied that the applicant would have to answer that question. Commissioner Tschopp asked if the alley that is behind the building is part of the alley that is to be improved, to which Mr. Drell replied that this is the area that has been considered since 1984 for development as a parking lot. Commissioner Tschopp asked about the timing for construction and location of a parking lot, to which Mr. Drell replied that the location was recommended by the Planning Commission and approved by the City Council as a priority, but the timing was never approved, although a goal of less than five years was established. Commissioner Tschopp asked if the small lot east of the drug store is public parking lot, to which Mr. Drell replied that a portion of the drug store lot is designated for public parking. Commissioner Tschopp asked if the $5,000 in-lieu fee would be directed toward the cost of alley parking, to which Mr. Drell replied that a portion of the costs were to be borne by the property owners, but a formula has yet to be worked out. Commissioner Campbell noted that the new building will be divided into six spaces to be used as either retail or office space, and the employees alone would require at least 12 parking spaces, so the nine spaces proposed would be insufficient for the tenants and their employees. 16 MINUTES PALM DESERT PLANNING COMMISSION JULY 20, 2004 There were no further questions and Chairperson Jonathan opened the public hearing and asked the applicant to address the Commission. MR. RICK DIRKSEN, 9461 Hughes Drive in Glen Ivy, California, introduced himself as the project architect and commented that the existing buildings comprise approximately 800 square feet of the site. Commissioner Tschopp asked if there is existing on-site parking for the existing buildings. Mr. Dirksen replied that there is a mish-mash of spaces tucked away, but it is inadequate to serve the present needs, and added that the present configuration does not allow for safe maneuvering. Mr. Dirksen referred to the letter of opposition and noted that the applicant is merely taking advantage of an opportunity that was afforded to him, and other property owners could avail themselves of the same opportunity. Commissioner Tschopp asked if the applicant would be willing to enter into some type of parking mitigation plan that would require the employees to use the lot located approximately a block and a half to the west. Mr. Dirksen replied that he is certain the property owner would be willing to do that because he wants the customers to have convenient parking. Chairperson Jonathan closed the public hearing and asked the Commission for comments. Commissioner Tschopp remarked that the existing building is an eyesore, and the applicant's proposal is what has been hoped would occur on this stretch of Highway 1 1 1 for some time. The lack of parking is a concern, but a temporary mitigation plan requiring off-site parking for employees until a public lot can be constructed could address concerns of adjacent property owners. 17 MINUTES PALM DESERT PLANNING COMMISSION JULY 20, 2004 Commissioner Campbell commented that there doesn't appear to be a parking problem whenever she has passed by during the day, and expressed support for approving the project with nine on-site parking spaces. Commissioner Lopez concurred that the existing building needs to be leveled and something better put in its place, and a future public parking lot would alleviate problems; therefore, he would be in favor of the project. Commissioner Finerty agreed that the existing building is an eyesore and the proposed building would be a huge improvement; however, with the lack of public parking and no known date of construction, i.e., five or six years down the road, she believed the applicant is a little ahead of his time on the parking, but certainly timely on the building. She wondered if it would be advantageous to continue this matter until after Mr. Drell meets with the City Manager so that the Commission may have an idea regarding the timing of the public parking lot construction. She indicated she would not be in favor of the project without a known time of construction for the public parking lot because the area is already congested. Commissioner Finerty stated that she is not persuaded by staff's parking survey because it was done in May and June rather than at peak season. She indicated she would support continuance; otherwise, she would be opposed to moving forward with it. Chairperson Jonathan recognized the need for an improvement to the existing building, but was concerned about the existing parking situation and proposed solution. He indicated he concurs with the comments made in the July 20`h letter from Jim Demetrio. While the site is only 7,320 square feet, the proposed structure is 5,250 square feet, which is 70% coverage, and normal coverage is 30-35% coverage. Therefore, he believed this proposal involves too much building on too small of a lot. Chairperson Jonathan believed that it would be short-sighted to add to the existing parking problem because the alley parking lot is not ready for implementation, and hasn't happened in the last 20 years, so looks a bit 18 MINUTES PALM DESERT PLANNING COMMISSION JULY 20, 2004 doubtful. In the meantime, he would not even be supportive of a continuance, because he believes the solution is a smaller size building. Commissioner Tschopp stated that in his zest to see this blighted property torn down, he was encouraged by the prospect of a replacement building, but having heard Chairperson Jonathan's comments, he now sees that a smaller building may be more appropriate. He commented that it was his hope that a parking mitigation plan would provide enough spaces for customers, but he now believes a smaller building may be more appropriate given the timing of a future public parking lot. Commissioner Finerty noted that the applicant's architect stated that anything smaller than the proposed building would not be financially feasible. Chairperson Jonathan noted that an alternative regarding the building aesthetics is for the owner to participate in the City's facade enhancement program, which has been implemented successfully. Mr. Drell noted that the purpose of the parking plan was to encourage larger buildings than would normally be allowed, and it would be a mistake to construct a smaller building that ultimately could not take advantage of the parking lot which will ultimately will be built. Mr. Drell believed the suggestion of nailing down the timing of the parking lot is a better suggestion than having the applicant redesign for a smaller building. Action: It was moved by Commissioner Finerty, seconded by Commissioner Tschopp, to deny the request for approval and request staff to prepare a resolution of denial citing the lack of parking and concern with the size of the building. Motion carried 4-0 with Commissioner Lopez dissenting. H. Case Nos. PP 04-12 and TT 32420 - BRAVA DEVELOPMENT, LLC., Applicant Request for approval of a precise plan to construct 38 triplex buildings totaling 1 14 units, a tentative tract map to 19 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: July 20, 2004 CASE NO: PP 04-07 REQUEST: Approval of a precise plan to construct a two-story, 5,250 square foot office / commercial retail building at 73-168 Highway 111 APPLICANT/PROPERTY OWNER: Allan Zylstra 12161 Firestone Blvd. Norwalk, CA. 90650 ARCHITECT: Dirksen & Associates Attn: Rick Dirksen 9461 Hughes Drive Corona, CA. 92883 I. BACKGROUND: The subject property is located on Highway 111 frontage road north between Monterey and San Marcos Avenues. The project site contains two older, one-story, vacant buildings that the applicant plans to demolish to accommodate a new two-story building. The project site contains 7,320 square feet and measures 60 feet wide by 122 feet deep. The property is zoned C-1, SP (General Commercial, Scenic Preservation Overlay District) and is designated Community Commercial on the City's General Plan Land Use Map. The property is within the Palma Village Specific Plan'and is designated Core Commercial. The project will fulfill the following specific plan policy: The City shall take a proactive role in promoting compatible high quality infill private development and public works consistent with the area policy criteria. A. ADJACENT ZONING AND LAND USE: North: C-1, SP & R-1 / 20' wide public alley and vacant parcel South: C-1, SP / Highway 111 frontage roads and commercial East: C-1, SP / Cherokee Homes offices West: C-1 , SP /offices STAFF REPORT PP 04-07 July 20, 2004 B. GENERAL PLAN LAND USE DESIGNATION: Community Commercial II. PROJECT DESCRIPTION: The precise plan proposes the construction of a 5,250 square foot two-story building. The building will be divided into six tenant spaces. The spaces on the first floor will be leased to either professional office or general retail uses. The spaces on the second floor will be leased to professional office tenants. The following table outlines the required and proposed development standards. STANDARD C-1 DISTRICT PROJECT Building Height 30 feet 27 feet Front Setback 5 5 feet, with a architectural projections of 3'-9" Rear Setback 0 feet, except when 61 feet, adjacent adjacent to residentially alley to north is zoned property there shall zoned C-1, SP be a 10-foot deep landscaped setback Interior Side Yard 0 feet, except when 5 feet adjacent to residentially zoned property there shall be a 10-foot deep landscaped setback Parking 1 space per 250 square 9 parking spaces feet of gross floor area; provided at rear of 5,250 square feet of project project site. floor area = 21 required Applicant proposes parking spaces to pay in lieu parking payments for the remainder 12 required spaces _ Lot Coverage No maximum lot coverage 48% specified Landscaping 15% 18% (Parking Lot Area) A. Site Plan & Parking: Access: Access to the front of the site will from the Highway 111 frontage road north. Access to the rear of the site will be from a 20-foot wide public alley. 2 STAFF REPORT PP 04-07 July 20, 2004 Parking: The 5,250 square foot building will require 21 off-street parking spaces based on off-street parking standards for professional offices and general retail uses (one space per 250 square feet of gross floor area. A 9-space parking lot is proposed. For the remaining 12 required parking spaces, Department of Community Development condition #6 requires the property owner to make a financial contribution of $5,000 per parking space into a trust deposit account to mitigate the parking shortage. The funds may be used to implement a General Plan program to provide public parking in the area. The applicant is requesting that the Planning Commission make a determination that there is sufficient on-street parking available on the Highway 111 frontage road north between San Marcos Avenue on the east and Radio Active Electronics on the west to temporarily accommodate 12 of the project's 21 required parking spaces. This section of Highway 111 frontage road can accommodate approximately 51 parallel parking spaces. Planning Staff conducted surveys of available on-street parking for this section of Highway 111 frontage road at different times on eight days from May 24, 2004 to June 25, 2004. Vacant parking spaces varied between 26 and 39 as shown in the table below. Parking Survey Table of Vacant Spaces on Highway 111 Frontage Road North Date: Time: Number of vacant parking spaces among 51 parallel parking spaces along both sides of Highway 111 frontage road north from San Marcos Avenue to Radio Active Auto Electronics: May 24, 12:05pm 35 spaces 2004 May 26, 12:25 28 spaces 2004 June 1, 9:50am 36 spaces 2004 _ June 1, 12:05pm 26 spaces 2004 June 4, 4:30pm 29 spaces 2004 June 7, 3:50pm 39 spaces 2004 June 4:00pm 32 spaces 10, 2004 June 4:20pm 30 spaces 16, 2004 June 4:30pm 29 spaces 25, 2004 3 STAFF REPORT PP 04-07 July 20, 2004 B. Architecture: The Architectural Review Commission granted preliminary approval of the project on May 11, 2004. The building will have exterior stucco walls in three colors: brown, light gray and off-white. The building's columns will use ledgestone. A sloping 15-foot wide skylight will connect the east and west halves of the building. An atrium with walkways and planters will be located underneath the skylight. III. ANALYSIS: Construction of the proposed building will revitalize a commercial zoned parcel with older distressed buildings. The new building will have a quality contemporary design that was approved by the Architectural Review Commission. The project complies with C-1, SP zone development standards. A parking survey by Planning staff determined that there is a sufficient number of vacant street parking spaces (26 to 39) along the Highway 111 north frontage road to accommodate the project's need for 12 additional parking spaces until the City's redevelopment agency constructs a public parking lot along the alley north of the project site. Therefore, the findings for approving a precise plan can be affirmed. These findings are included in the draft Planning Commission resolution attached to this staff report. IV. ENVIRONMENTAL REVIEW: The project is exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15303 (Class 3, new construction of conversion of small structures) of CEQA Guidelines. IV. RECOMMENDATION: That the Planning Commission adopt Planning Commission Resolution No. approving PP 04-07 subject to conditions. V. ATTACHMENTS: A. Draft Resolution B. Legal notice C. Comments from city departments and other agencies D. Architectural Review Commision minutes dated May 11, 2004 and April 13, 2004 E. Project Plans 4 STAFF REPORT PP 04-07 July 20, 2004 Prepared by: 4/6/4e,(4-r,01PFrancisco J. bina Associate Planner Reviewed and Approved ,,. — Philip Dr I Director of Community evelopment Ho er Croy Assistant City M er for Development Services 5 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN TO CONSTRUCT A 5,250 SQUARE FOOT BUILDING AT 73-168 HIGHWAY 111. CASE NO. PP 04-07 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of July, 2004, hold a duly noticed public hearing to a consider a request by ALLAN ZYLSTRA 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. 02-60," in that the Director of Community Development in that the Director of Community Development has determined that the project is a Class 3 (New construction or conversion of small structures) Categorical Exemption; 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 granting approval of said precise plan: FINDINGS FOR APPROVAL OF A PRECISE PLAN: 1. The precise plan is well designed with quality architecture. 2. The precise plan implements the goals and objectives of the General Plan and the Palma Village Specific Plan. 3. With the exception of parking, the precise plan complies with zoning ordinance requirements. Adequate on-street parking exists to meet the short term requirements of the project. The applicant shall participate financially in the long term parking solution as described in the General Plan. 4. The design of the precise plan will not substantially depreciate property values in the vicinity, nor be materially injurious to properties or improvements in the vicinity. 5. The precise plan will not unreasonably interfere with the use and enjoyment of the property in the vicinity by the occupants thereof for lawful purposes. 6. The precise plan will not endanger the public peace, health, safety, or general welfare. PLANNING COMMISSION RESOLUTION NO. 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 the Precise Plan 04-07 is hereby granted for reasons subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 20th day of July 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: SABBY JONATHAN, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. PP 04-07 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, 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: Coachella Valley Water District Palm Desert Architectural Review Commission City Fire Marshal Public Works Department Waste Management of the Desert 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. Applicant shall participate in a commercial recycling program as determined by the City and applicable Waste Disposal Company. 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. Prior to the issuance of building permits, the property owner shall deposit in-lieu parking fees with the City in the amount of $5,000 per parking space ($60,000 total) to mitigate the shortage of 12 parking spaces. The funds may be used to implement a General Plan program to provide public parking in the area. 3 PLANNING COMMISSION RESOLUTION NO. 7. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 8. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 9. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, Fringe-Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees. 10. All roof-mounted mechanical equipment shall be screened by a parapet wall around the perimeter of the building that is at least as high as the highest piece of mechanical equipment. Construction drawings submitted for plan check shall include a roof plan showing locations of roof-mounted mechanical equipment and cross-section drawings showing parapet wall heights as well as heights of roof- mounted mechanical equipment. Department of Public Works: 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Ordinance 653, shall be paid prior to the issuance of a grading permit. 2. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project. 3. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 4. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. 4 PLANNING COMMISSION RESOLUTION NO. 5. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. 6. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. All off-site improvements shall be completed prior to the issuance of any certificate of occupancy. 7. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. 8. Landscape installation on the property frontages as well as on-site shall be drought tolerant in nature and maintenance shall be provided by the property owner. 9. Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive Dust Control and Section 24.20, Stormwater Management and Discharge Control. 10. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans/site improvement plans and specifications shall be submitted to the City Engineer for checking and approval prior to issuance of any permits. Preliminary landscape plans shall be submitted for review concurrently with grading plans. 11. Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 12. Full public improvements, as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards and the city's Circulation Network including: • Remove existing driveway approach on the frontage road and replace with city curb, gutter and sidewalk. 5 PLANNING COMMISSION RESOLUTION NO. 13. Size, number and location of driveways shall be to the specifications of the Public Works Department with one driveway approach permitted to serve this property from the alley. 14. Applicant shall record an irrevocable offer of reciprocal access easement to the properties to the east and west. 15. All existing and proposed utilities shall be undergrounded. 16. Block walls along property lines in parking area shall be eliminated. Riverside County Fire Marshal: 1. With respect to the conditions of approval regarding the above referenced project, the fire department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC or any recognized Fire Protection Standards: The Fire Department is required to set a minimum fire flow for the remodel or construction of all buildings per UFC article 87. 2. A fire flow of 1500 gpm for a 1-hour duration at 20 psi residual pressure must be available before any combustible material is placed on the job site. 3. Provide or show there exists a water system capable of providing a gpm flow of: 3000 gpm for commercial buildings 4. The required fire flow shall be available from a wet barrel Super Hydrant(s) 4"x2"-1/2" x2-1/2", located not less than 25 feet nor more than: 150' from any portion of a commercial building measured via vehicular travelway. 5. Water Plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 6. Install a complete NFPA 13 fire sprinkler system. This applies to all buildings with a 3000 square foot total cumulative floor area. The Fire Marshal shall approve the locations of all post indicator valves and fire department connections. All valves and connections shall not be less than 25 feet from the building and within 50 feet of an approved hydrant. Exempted are one and two family dwellings. 7. All valves controlling the water supply for automatic sprinkler systems and water- flow switches shall be monitored and alarmed per UBC Chapter 9. 8. Install a fire alarm system as required by UBC Chapter 3. 6 PLANNING COMMISSION RESOLUTION NO. 9. Install portable fire extinguishers per NFPA 10, but not less than one 2A1OBC extinguisher per 3000 square feet and not over 75 feet walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 10. All building shall be accessible by an all-weather roadway extending to within 150 feet of all portions of the exterior walls of the first story. The roadway shall not be less than 24 feet of unobstructed width and 13'6" of vertical clearance. Where parallel parking is required on both sides of the street the roadway must be 36 feet wide, and 32 feet wide with parking on one side. Dead-end roads in excess of 150 feet shall be provided with a minimum 45-foot radius turn-around, 55 foot in industrial developments. 11. All buildings shall have illuminated addresses of a size approved by the city. 12. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. 13. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained with twelve months. 14. Verify locations of fire hydrants. If project needs one, verify flow and location. 7 ` ` . CIIY - r PM DESERI r= 1Mq 73-510 FRED WARING DRIVE {•,!' f,'. ff PALM DESERT, CALIFORNIA 92260-2578 �)1 :1 111 ^''r 99gq TEL 760 346-061 ^7..:;-" - FAX 760 341-7098 rr�a y3: Info@palm-desers.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. Precise Plan 04-07 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by Allan Zylstra to demolish an existing one-story commercial building and construct a new 5,250 square foot, two-story commercial office building at 73-168 Highway 111. The project is exempt from the provisions of the California Environmental Quality Act(CEQA) per Section 15303 (Class 3, New construction or conversion of small structures)of CEQA Guidelines. +-- r � •=- R--s LH ....= ,omk., "ram 1 - ________ _ STAT HIGHWAY-ti-t -..----__..-._____.-..__ jir EL:PASEQ-___----_— — --- �' I l I 4+° �� ri f • ,fir + ��, [ • 4. ' [[��� - V N SAID public hearing will be held on Tuesday, July 20, 2004, at 6:00 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 Sun PHILIP DRELL, Secretary July 10, 2004 Palm Desert Planning Commission INTEROFFICE MEMORANDUM TO: Department of Community Development/Planning Attention: Tony Bagato FROM: Mark Greenwood, City Engineer SUBJECT: PP 4-7, Zylstra office building at 73168 Hwy. 111 DATE: March 30, 2004 The following should be considered conditions of approval for the above-referenced project: (1) Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Ordinance No. 653, shall be paid prior to issuance of a grading permit. (2) Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project. (3) The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. (4) A complete preliminary soils investigation,conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. (5) All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. (6) Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works.All off-site improvements shall be completed prior to issuance of any certificate of occupancy for the project. (7) As required under Palm Desert Municipal Code Section 26.28,and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. (8) Landscape installation on the property frontages as well as on-site shall be drought tolerant in nature and maintenance shall be provided by the property owner. 9( ) Applicant shall comply with the provisions of Municipal Code Section 24.12, Fugitive P 9 Dust Control and Section 24.20, Storm water Management and Discharge Control. (10) In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans/site improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. Preliminary landscape plans shall be submitted for review concurrently with grading plans. (11) Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. (12) Full public improvements,as required by Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards and the City's Circulation Network including: • Remove existing driveway approach on the frontage road and replace with standard city curb, gutter and sidewalk (13) Size, number and location of driveways shall be to the specifications of the Department of Public Works with one driveway approach permitted to serve this property from the alley. l 1- (14) Applicant shall record an offer of reciprocal access easement to the properties to the east and west. l S (1 ) All existing and proposed utilities shall be undergrounded. 1 It is recommended that( �) no permits be issued for the project until construction commences on the al ley widening project and a plan is in place to determine the number of parking spaces allocated for each property fronting onto this future parking facility. If this project could be allocated 12 spaces, the bond amount would be $120,000 or $10,000 per space. l7 (11) Block walls along property lines in parking area shall be eliminated. Mark Greenwood, P.E. G:\PubWorks\Conditions of Approval\PPLANS\PP 4-7 Zylstra office bldg-73168 Hwy 111 wpd �F;,PFwEVR4lo o4 k RIVERSIDE L.,LJNTY F7RESL FIRE DEPARTMENT +E�EIN CI4 ., In coop eration with the ,f IRO, mammy California Department of Forestry and Fire Protection ail210 West San Jacinto Avenue • Perris, California 92570 • (909) 940-6900 • FAX (909) 940-6910 ME DEPARTMENT Tom Tisdale Fire Chief Cove Fire Marshal's Office Proudly serving the 73710 Fred Waring Drive#222 unincorporated Palm Desert CA 92260 areas of Riverside (760)346-1870 County and the cities of: Banning 44 TO: « 6°Ag- DATE: 5 6 Beaumont ;/ U V oe`� ���Calimesa jam+Ii; Canyon Lake o �ioy ,+ If circled conditions a to ►'o'ect Coachella With Desert Hot Springs respect to the conditions of approval regarding the above + referenced project, the fire department recommends the following fire Indian Wells protection measures be provided in accordance with City Municipal Indio Code, NFPA, CFC, and CBC or any recognized Fire Protection 4 Standards: Lake Elsinore The Fire Department is required to set a minimum fire flow for the + La Quinta remodel or construction of all buildin s er UFC article 87. + A Afire flow of 1500 Moreno Valley gpm for a 1-hour duration at 20 psi residual + pressure must be available before any combustible material is placed Palm Desert on the 'oh site. Perris Provide or show there exists a water system capable of providing a gpm flow of: Rancho Mirage 1500 gpm for single family dwellings San Jacinto y 2500 gpm for multifamily dwellings 5 3000 m for commercial buildin s Temecula The required fire flow shall be available from a wet barrel Super Hydrant (s) 4"x 2 V2"x 2 Y2", located not less than 25' nor more than: 6. 200' from any portion of a single family dwelling measured via Board of Supervisors vehicular travelway Bob Buster 7 165' from any portion of a multifamily dwelling measured via District 1 vehicular travehvay 8. 150' from any portion of a John Tavaglione commercial buildingmeasured District 2 vehicularvia travelwa Jim Venable 0 Water Plans must be approved by the Fire Marshal and include District 3 verification that the waters stem willproduce the re aired fire flow. Roy Wilson 10• Please be advised the proposed project may not be feasible since the District 4 existin water mains will not meet the required fire flow. Tom Mullen District 5 nstatl a complete NFPA A 13 fires sprink ler er system. This applies pp es to all Qc buildings with a 3000 square foot total cumulative floor area. The Fire 1 ‘1"- k� Marshal shall approved the locations of all post indicator valves and 1 t fire department connections. All valves and connections shall not be Lp e)Ki, less than 25' from the building and within 50' of an approved h drant. Exempted are one and two famil dwellin s 2. All valves controlling the water supply for automatic sprinkler systems and Water-flow switches shall be monitored and alarmed per CBC Chapter 9. Install a fire alarm system as required by the UBC Chapter 3. irp Install portable fire extinguishers per NFPA 10, but not less than one 2A1OBC extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire extinguisher is required in all commercial kitchens. 15. Install a Hood/Duct automatic fire extinguishing system per NFPA 96 in all public and private cooking operations except single-family residential usage. 16. Install a dust collecting system per CFC Chapter 76 if conducting an operation that produces airborne particles. 17 All building shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall not be less than 24' of unobstructed width and 13' 6" of vertical clearance. Where parallel parking is required on both sides of the street the roadway must be 36' wide and 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn-around 55' in industrial developments. 18. Whenever access into private property is controlled through use of gates, barriers or other means provisions shall be made to install a "Knox Box" key over-ride system to allow for emergency vehicle access. Minimum gate width shall be 16" with a minimum vertical clearance of 13'6". 19. A dead end single access over 500' will require a secondaryaccess, sprinklers p klers or other mitigative measures approved bythe Fir e sr e Marshal. Under no circumstance shall a dead end over 1300' be accepted. 20. A second access is required. This can be accomplished by two main access points from a main roadway or an emergency gate from an adjoining development. 21. This project may require licensing by a state or county agency, to facilitat e plan review the applicant shall prepare and submit to the Fire Marshal a letter of in tent detailing the proposed usage and occupancy type. iitAll buildings shall have illuminate d addresses of a size approved by 0 the city. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately to the Fire Marshal for approval prior to construction. pp oval /24 Conditions subject to change with adoption of new codes, laws, or when building permits are not btained within twel ordinances laws, months. All questions regarding the meaning of these conditions should be referred to the Fire Marshal's Office at (760) 346-1870 in Palm Desert. Location: 73710 Fred Waring Drive #222, Palm Desert CA 92260 Other: ,. /. 111111 4_,.c, tee,. i _ Or Sincerely, David A. Avila Fire Marshal -- : CITY OF PALM DESERT a �4h PUBLIC WORKS DEPARTMENT v't4t.toe.: INTEROFFICE MEMORANDUM °=9 73e To: Francisco Urbina, Associate Planner From: Diane Hollinger, Landscape Specialist Date: March 15, 2004 Subject: Allan Zylstra Office Building As requested, I have reviewed the proposed landscape plan for the aforementioned project. Following are my comments: - The choices of plant material that have been selected on the landscape plan are not suggested. These plants do not appreciate the desert heat and tend to burn. - The calliandra vine works well on the shady side of the wall but not in full sun. - The trees at the north side of the parking lot need to be reduced in number as shown on the plan. Substitute Acacia stenophylla for the saligna. - The planter in the "courtyard" area is too small for the Melaleuca tree. Ch oose a smaller plant that can grow in the shade and in the small planter. - The strawberry plant is not suggested as a ground cover due to its high maintenance, its water requirement and it may not take the heat and reflected sun from the building. If you want a ground cover use an inert material or use desert friendly plants. - The overall spacing of the plant material is too close. The planters are small and it is being overwhelmed with plants. - More information on the type of irrigation system being proposed would be helpful. If you have any questions regarding my comments please feel free to contact me at ext. 444. G\PubWorks\Dane Hollinger\Word Data\Memos\francisco-allan zylslra.doc ................ CITY OF4ftffl DESTRT 73-510 FRED WARING DRIVE. W I PALM DESERT, CALIFORNIA 92260-2578 /la h TEL: 760 346-0611 fG FAX: 760 341-7098 ............. info@palm-desert.org May 11, 2004 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO.: PP 04-07 APPLICANT (AND ADDRESS): ALLAN ZYLSTRA, 12161 Firestone Blvd., Norwalk, CA 90650 NATURE OF PROJECT/APPROVAL SOUGHT: Request for preliminary approval of revised elevations for a new commercial building. LOCATION: 73-168 Highway 111 ZONE: C-1 Upon reviewing the plans and presentations submitted by staff, the Architectural Review Commission granted approval subject to (1) adding a lintel under ledgestone to give appearance of support for stonework, (2) second-floor windows on the front elevation to be smaller, (3) remove eyebrows on top of building and put them back further on roof, (4) step parapet and make it thicker, (5) thicken walls on front elevation and recess windows, and (6) create appropriate area for signage. Date of Action: May 11, 2004 Vote: Motion carried 7-0. (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be re-submitted to Commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. CONTINUED CASES: In order to be placed on the next meeting's agenda, new or revised plans must be submitted not later than 9:00 a.m. the Monday eight days prior to the next meeting. MIMIFU ON IF('r(LED rYH ARCHITECTURAL REVIEW COMMISSION MAY 11, 2004 MINUTES (4) all models need improved architecture, especially traditional models. Motion carried 7-0. 2. CASE NO.: PP 04-07 APPLICANT (AND ADDRESS): ALLAN ZYLSTRA, 12161 Firestone Blvd., Norwalk, CA 90650 NATURE OF PROJECT/APPROVAL SOUGHT: Request for preliminary approval of revised elevations for a new commercial building. LOCATION: 73-168 Highway 111 ZONE: C-1 Mr. Urbina stated that the applicant has returned with revised elevations for the front and rear of the commercial building. The stonework has been extended all the way to the top on the ends and the middle. Stuccoed parapet features have been added. The applicant has addressed the previous comments made by the Architectural Review Commission. Commissioner Vuksic wanted to know what the thought process was regarding the ledgestone and the choice of the narrow stone on a very Italian building. Also, the application of the stone over the large openings. Allan Zylstra, applicant, was present as well as his architect, Rick Dirkson and stated that the ledgestone is in the center so there's only ledgestone over one opening. One of the comments that was made previously was that it felt too shallow so he increased the depth of the ledgestone to increase the feeling that there's enough support and that it's structurally viable. Proportionally, the ledgestone looks fine now. Previously, it was a little shallow but now the ledgestone wraps all the way around so it gives projections a more substantial and solid look to it than it did previously. They increased the parapet height. Commissioner Vuksic asked if the stone itself is architecturally appropriate for this building. Mr. Dirkson stated that he doesn't see a problem with the ledgestone. The building has evolved to become more of an Italian-style building and the ledgestone fits in with that style. You see more of a quarry stone look in Italian architecture, but ledgestone is something that his client is very fond of so he tried to incorporate it into the facade of the building. Commissioner Vuksic felt G:Planning\Donna Quaiver\wpdocs\Agmin\AR040511 MIN I 0 ARCHITECTURAL REVIEW COMMISSION MAY 11, 2004 MINUTES that they had a miscommunication on the application of the ledgestone. He meant that when you have a large span and you have ledgestone going across it, it doesn't look structurally sound. It could never be built that way. It needs to be structurally keyed in some way. Mr. Dirkson stated that he could put something beneath the ledgestone that gives it a feeling of structural support. Commissioner Vuksic suggested adding a lintel. Mr. Dirkson agreed. Commissioner Vuksic commented that the color looks good on the drawing. When they were talking about this project previously, he noticed how the rear elevation windows had good proportions that looked good with the style with larger windows on the first floor and smaller windows upstairs. In the front, he didn't do this. There's as much glass as possible on both floors. Mr. Dirkson stated that this is true. This is a commercial establishment and view windows are very important to conducting business and having visibility to display products. Commissioner Vuksic stated that you need to strike a balance. He asked the architect what the second floor was going to be used for. Mr. Dirkson stated that they will have offices upstairs. Commissioner Vuksic stated that they don't have to advertise wares through the windows of an office. Mr. Dirkson stated that he could tone the windows down in scale on the second story. Commissioner Vuksic stated that this would make a big difference, especially if they could break it up into smaller windows, like on the rear elevation. This would create a geometric system that would be more in keeping with the style that you're generating and offer more interest to the eye. The section on the plans was confusing. It looks like there are eyebrows on the top of the building but they don't show up on the section. Mr. Dirkson stated that they're higher extensions for the parapet. They are the section. They're pieces of the parapet that aren't as high as the middle part and they're a different color. Commissioner Vuksic stated that he sees a grey surface and a chocolate brown surface and he wanted to know if they were on the same plane. Mr. Dirkson stated that they're on the same plane. He could project them forward to give them a change in plane and add a shadow line. Commissioner Vuksic stated • that what concerned him was that they were out and never imagined that they were in the same plane. Commissioner Hanson asked if it would make more sense to move the high portion back so that it would shield the equipment better. At this point, just having a thin 6" parapet line wouldn't be substantial enough. Mr. Dirkson stated that he could put a separate equipment screen further back. Commissioner Hanson suggested removing the eyebrow and putting a separate screen further back. Commissioner Vuksic concurred. Mr. Dirkson felt that the eyebrow enhances the overall balance of the building. He could run the parapet straight across or put a step in the parapet and make it all the same color. Commissioner Vuksic agreed that he would need G:Planning\Donna Quaiver\wpdocs\Agmin\AR040511.MIN I 1 ARCHITECTURAL REVIEW COMMISSION MAY 11, 2004 MINUTES something there, otherwise it would look very plain. Mr. Dirkson suggested thickening the parapet and making it one color. Commissioner Vuksic stated that the applicant should thicken the walls on the rear elevation so that it looks richer and look more substantial. Mr. Dirkson agreed to do this. Commissioner Gregory commented that the sign fascias appear to be very thin for the signage. He was concerned that when the tenants try to add signage, there won't be enough room for a nice sign. Mr. • Dirkson stated that they could offer more sign area. Mr. Zylstra is not interested in having gaudy signs. He wants simple, non-illuminated signs. Commissioner Gregory stated that his concern was with the location of the signs. Action: Commissioner Vuksic moved, seconded by Commissioner Hanson for preliminary approval subject to (1) adding a lintel under ledgestone to give appearance of support for stonework, (2) second- floor windo ws on the front elevation to be smaller, (3) remove eyebrows on top of building and put them back further on roof, (4) step parapet and make it thicker, (5) thicken walls on front elevation and recess windows, and (6) create appropriate area for signage. 3. CASE NO.: PP 04-01, C/Z 04-01, TT 31836 APPLICANT (AND ADDRESS): PDCC DEVELOPMENT, LLC, do Larry Kosmont, 601 Figueroa Street, Suite 3550, Los Angeles, CA 90017 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of revised plans for maintenance facility design. LOCATION: Palm Desert Country Club • ZONE: OS Commissioner Gregory left the room during discussion of this matter. Mr. Smith displayed a site plan for the commission to review. The applicant showed the commission colored renderings of the maintenance building. Randy Case, applicant, was present and stated that they were before the commission at their last meeting on April 27, 2004. At that time, G:Planning\Donna Quaiver\wpdocs\Agmin\AR040511.MIN 1 2 ........ ....... CITY OF rRL11 OE5ERI 73-510 FRED WARING DRIVE • s PALM DESERT, CALIFORNIA 92260-2578 : TEL: 760 346-0611 a . FAX: 760 341-7098 =s-.3", info@palm-deserr.org Ap ri1-13-2U0 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO.: PP 04-07 APPLICANT (AND ADDRESS): ALLAN ZYLSTRA, 12161 Firestone Blvd., Norwalk, CA, 90650 NATURE OF PROJECT/APPROVAL SOUGHT: Request for preliminary approval of a new commercial building. LOCATION: 73-168 Highway 111 ZONE: C-1 Upon reviewing the plans and presentations submitted by staff and by the applicant, the Architectural Review Commission continued the request to (1) rethink ends of cornice detail and use of ledge stone, (2) thicken support portions of upper shade element, (3) conceal roof-mounted equipment, (4) continue architecture at the rear of the building, and (5) use a rich, dark color for exterior as opposed to eggshell, which will be very bright. Date of Action: April 13, 2004 Vote: Motion carried 6-0-0-1 with Commissioner Gregory absent. (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be re-submitted to Commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. CONTINUED CASES: In order to be placed on the next meeting's agenda, new or revised plans must be submitted not later than 9:00 a.m. the Monday eight days prior to the next meeting. ,MA ON IEGCUD 1DPOO ARCHITECTURAL REVIEW COMMISSION APRIL 13, 2004 MINUTES was the same for all the units. Mr. Kaufman stated that the roof material varies. Mr. Bagato stated that the landscaping is not included in this proposal. Commissioner Vuksic asked about the color of the wainscot. He suggested using a darker color on the wainscot. Commissioner Van Vliet suggested that the applicant work out the colors with staff. Action: Commissioner Vuksic moved, seconded by Commissioner Hanson for preliminary approval subject to (1) increase front wall thickness on bedroom #3, Plan 2, (2) add wainscot detail to all plans and submit accent color for wainscot, (3) recess windows, (4) thicken columns on Plan 1 from 12" x 12" to 24" x 24", and (5) thicken chimney stacks to 3' x 4'. Motion carried 5-0-1-1 with Commissioner Lopez abstaining and Commissioner Gregory absent. 2. CASE NO.: PP 04-07 APPLICANT (AND ADDRESS): ALLAN ZYLSTRA, 12161 Firestone Blvd., Norwalk, CA, 90650 NATURE OF PROJECT/APPROVAL SOUGHT: Request approval of a new commercial building. LOCATION: 73-168 Highway 111 ZONE: C-1 Mr. Smith stated that this item was on the ARC agenda three weeks ago. The applicant was not available at that time, however, he is present today. The site is located on the north side of Highway 111, opposite Carl's Jr. Rick Dirkson, project architect, was present and commented that this is an office/retail building. They are proposing that the ground floor be retail stores and the upstairs will be office space. It has a courtyard with a walk-through. There is proposed extra parking situation where he's discussed it with the head of the Planning Department. The building_is-contemporary with desert colors. Commissioner Vuksic stated that there are details where the cornice- type elements are stepped out. It looks like they're cut off at the ends. He suggested that Mr. Dirkson think about that. Commissioner Vuksic G:Planning\Donna Quaiver\wpdocs\gmin\ARo40413.MIN 15 ARCHITECTURAL REVIEW COMMISSION APRIL 13, 2004 MINUTES commented on the stacked stone. It looks like they're trying to do something Italian. Mr. Dirkson stated that they were attempting to do a contemporary-style building but they wanted to soften the hard surfaces with the stonework. It's not meant to be Italian, but they like that product. Com missioner Vu ksic stated th at the ledge stone is a choice that he should think about. Mr. Dirkson commented that the stone would go all the way around the columns, which are set apart from the surface of the building. They have more depth and weight than is apparent on a two-dimensional front elevation. Commissioner Vuksic stated that he understood that, but he was talking about the style of the stone. When he sees areas of ledge stone which are just 2" high running across some of the openings. That would never actually work if it was stone. If they're going to run it over top, they need to use stones that look like they're actually creating an arch that looks structural. The roof plan shows cornice details that come out a few inches on the sides, yet on the front the top piece is jutting out several feet past. It's no longer a cornice detail, it's just a slab. Mr. Dirkson stated that it's an eyebrow for shading purposes. Commissioner Vuksic stated that he understood the function of it, but the way it's done looks very strange and very top heavy. It would look very odd. Mr. Dirkson stated that he's prepared to alter the shape of it to give it more depth. Commissioner Vuksic stated that it's very deceiving because you assume that the detail goes around all three sides, but it's not like that at all. Commissioner Hanson stated that it's going to be odd with the very narrow posts on either end of the element that appears to come out away from the wall with a very heavy top. Beefing up the lower portions might help. Commissioner Vuksic commented that the wall elements are flush with the window frames. What looks like very heavy architecture doesn't even have any depth on the window openings. Mr. Dirkson stated that he would be proposing that the windows actually be set back from the surface. They weren't meant to be flush with the front surface. Commissioner Vuksic stated that judging by the plans, you wouldn't have an opportunity to set them back. Mr. Dirkson stated that this would be very easy to accomplish to give it more depth and shadow line. Commissioner Vuksic asked the applicant how they will get on the roof of this building. Mr. Dirkson stated that they will probably use hatches in the ceiling because there's really no good place to put a ladder. There would be roof access within one of the spaces. Their primary concern on this project was with their parking. These are only preliminary drawings because if they don't get approval on the parking, then they'll have to start over. Commissioner Vuksic stated that what he would be concerned about is seeing a hoop ladder somewhere on the building. Mr. Dirkson stated that they're not proposing that and they will put a roof hatch in the building. Commissioner Vuksic asked if there was mechanical equipment on the G:Planning\Donna Quaiver\wpdocs\Agmin\AR040413.MIN 16 ARCHITECTURAL REVIEW COMMISSION APRIL 13, 2004 MINUTES north side of the building. Mr. Dirkson stated that the major mechanical equipment will be on the roof. Commissioner Vuksic stated that the parapet is 36" high and then there will be a platform for the mechanical equipment, therefore, the mechanical equipment will be visible. Mr. Dirkson stated that there are some low-profile mechanical equipment that would work. They're trying to work with the overall height limitations imposed by the design standards and he's also trying to accommodate his client's wishes to have a certain ceiling height. If they can't find mechanical equipment that can be screened, then they'll have to lower the ceiling heights in order to drop the roof down. Commissioner Vuksic commented that they have at least 12" of exposed mechanical equipment on the roof. Mr. Dirkson stated that they'll have to drop the ceiling heights down a little bit. Commissioner Vuksic stated that he some comments about odd- looking details. There is a little line of plaster with stone. Mr. Dirkson stated that there's a column in front of the wall surface so the stone work around the column goes all the way around but the wall surface behind the column is the little narrow strip and the width of the column also. Commissioner Hanson commented that on the current proposal the stone looks tacked on. She encouraged the applicant to make the front element stone and the rest on either side could be plaster so that it reads as an element, as opposed to the fact that they want to use a little bit of stone and weren't sure where to put it. Also, because of the work that they're going to be doing on Alessandro including parking, they will have two fronts to the building and it should be treated as such. The rear elevation definitely has less design than the front elevation. Commissioner Vuksic asked about the buildings on either side of the proposed building. Mr. Dirkson stated that there are existing buildings on either side, one has quite a large mass and one is smaller. Commissioner Vuksic asked if the proposed building will be higher than his neighbors. Mr. Dirkson commented that he didn't know. The building on the west side is relatively new but he doesn't know the roof height. Commissioner Vuksic stated that the exterior color board shows a really bright color, which is eggshell. He warned the applicant about using this color. He's used eggshell before and it's so bright in the sunlight you can't even look at it. Mr. Dirkson stated that they're vet__ open to color suggestions. Commissioner Hanson stated that he would be amazed at the fact that the darker the color you pick and how much lighter is comes out when you paint a large surface. Don't be afraid to use a rich, dark color. G:Planning\Donna Quaiver\wpdocsAgmin' R040413 MIN 17 ARCHITECTURAL REVIEW COMMISSION APRIL 13, 2004 MINUTES Commissioner Lopez commented that on the landscaping he recommended that they not use oleander. Also, there are strong landscape design requirements that require water calculations and the current design won't been those requirements. Mr. Dirkson stated that his office did the design but they're not landscape architects. Commissioner Lopez suggested that he get in touch with Diane Hollinger, Landscape Specialist, for some suggestions. Action: Commissioner Vuksic moved, seconded by Commissioner Hanson to continue the request to (1) rethink ends of cornice detail and use of ledge stone, (2) thicken support portions of upper shade element, (3) conceal roof-mounted equipment, (4) continue architecture at the rear of the building, and (5) use a rich, dark color for exterior as opposed to eggshell, which will be very bright. Motion carried 6-0-0-1 with Commissioner Gregory absent. 3. CASE NO.: CUP 04-04 APPLICANT (AND ADDRESS): JAMES CHESTER, 73-845 Highway 111, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Facade enhancement and expansion of existing 1,280 square foot fire-damaged restaurant to include adjacent 1,800 square foot space to east currently operated by a florist. Total new restaurant square footage: 3,080 square feet. LOCATION: 73-845 Highway 111 ZONE: C-1 Mr. Smith stated that the proposal is for an existing fire-damaged restaurant. Mr. Urbina stated that the Manhattan Bagel restaurant had a fire last year and the owner wants to do a facade enhancement. The owner also owns the property to the east, which is presently leased to Palm Desert Florist. He wants to expand Manhattan Bagel to include the easterly tenant space. The expansion would add 1 ,700 square feet to the restaurant for a total of 3,080 square feet. There is an existing office on the second floor. That is not proposed for expansion, even though the way the elevations read it looks like the second floor is being expanded, however; it is-not. --Staff is-doing a parking-study to see if there are any parking issues. The commission reviewed the color board. Commissioner Hanson asked the applicant why he chose the lavender color for the awning G.Planning\Donna Quaiver\wpdocs\Agmin\R040413.MIN 1 8 September 23, 2004 TO: PALM DESERT CITY COUNCIL FROM: BUSINESS OWNERS. . .Highway 111 Between San Pablo & Monterey Ave These Business cards represent us as owners who are FRUSTRATED WITH LACK OF PARKING. WE NEED ACTION. . .PLEASE Thank you TO: PALM DESERT CITY COUNCIL FROM: BUSINESS OWNERS. . ...Highway 111, between San Pablo & Monterey Ave. Please, City Council, the expansion of the alley way parking is a great plan that will help us. The Question, is how much longer before SOME ACTION IS TAKEN. We as business owners are SUFFERING due to this LACK OF PARKING. PLEASE give us your SUPPORT. Thank you BUSINESS NAME ADDRESS g,A, S lsgo,pj- /�_S' 73-3?6 //i 6 - Al/�1 seet .f v , rilYcvAC 7 S- n C44-: s '/ter 173- 2 2 1w ((I/ #10 7 AA, r7 y 75'?-30 u;(1/1 -1( 6I 6�-s 7" .ii-wr. --17) imkrict, igilit rl--rivn gy ill Iintcriff -c .s/71J f , Arrw ..2,Fc- -z 4.//lezw-vo -,,,, ' 7._ia-/-262 » S )J /// �� _ o ev/z10o c-tt Cd. / l / -/ (2 c c L, vn l `A.►`uk) (r1 ii( 4/71-1p - Z wcU a77/ p i \ 0 I - F 1rt1 -�� d.:,j /71, ,, �a///I'4' o�Z"FL - r,scra -1-14 ._.) ) ) c ) , c3)c3T --t. -15---rn el-mi r-77--Y-1) ') l ofa W 11d, ll'd i J, -4 h(i \ b E - L L : /t ��';I0 \r/kft CD -rnTerl 90/ 4 g Z -‘ G JOYS J?6/J t1 jil if ea, g /1/ )rnf age �I-4410 A/ p/ ' 72-rd �c mksikis ---I {=e. 1 ( 1 '1^cl f-i ,- ILL / .w S vin OY -o17-rA 1i 1� fiats �'3 3-3 P ) 77/ /// ht H Q3'yC L .S7/.3i)-vgTi 1l�'/WJr/� / t Z/3S3( /1rr6 •G / it/ ( - C 1'•" v�-r re s 0 SSIIIIQQV a VN SSIIAIISflg September 23, 2004 To: Palm Desert City Council Re: Parking on Hwy. 111, between Monterey and San Pablo(North Side). As you can see by other complaints regarding the lack of parking, it is imperative that this matter be resolved as quickly as possible. We too are employed on the frontage road and have been for four years now. Every year gets busier with more business and locals. If this problem isn't resolved soon, than our customers may find elsewhere to do business. Thank you for your immediate attention to this matter. Sincer ly, Li a Morales and Donna DiBella t f r iLN J ANIMAL MEDICAL CENTER Nancy I. Carlson, D.V.M. 73386 Hwy. 111 • Palm Desert, CA 92260 • (760) 341-1247 • Fax (760) 341-0153 To: Palm Desert City Council As a business owner in Palm Desert I feel there is such a need to improve the parking situation. I appreciate the effort by the City Council to make this happen. Like most businesses along Highway 111 we have suffered due to the lack of proper parking. The Master Plan that has been presented can only help support the local businesses. With the business season fast approaching we strongly urge your support in the alleyway expansion project. Thank you, Dr Nancy arlson • 73394 Hwy 111 • Palm Desert, CA • 92260 • AVIR Inc. • September 20, 2004 Mayor of Palm Desert CC: Palm Desert City Council Dear Sir or Madam: Please be advised that the parking situation on the frontage road on HWY 111 in the 73394 block has proceeded to increasingly become a bad situation. We would request the city's quick response in implicating the new city parking plan in progress. This has cause several problems to our daily business relations with our clients. Attention to this situation is greatly appreciated. Sincerely, Mr. Gordon Spielberg CEO AVIR Inc. [Click here and type slogan] f I ariS ASSOCIATED DESERT SHOPPERS, INC. Publishers of White Sheet and Green Sheet September 23, 2004 Honorable City Council Members City Of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260-2578 Re: Parking Expansion This letter is to indicate written support for expanded parking in the alley paralleling the north side of Highway 111 from Las Palmas avenues to San Marcos avenue. As a business owner along this area of Highway 111 the availability of customer as well as employee parking is in very short supply. Growing businesses in this area have completely utilized the existing parking that is currently available. As our businesses continue to expand, our future parking needs are very important to the success of our enterprises. I urge the City Council to start implementation of an expanded parking area as soon as expeditiously possible in this area of Palm Desert. Sincerely //*. .'al ' r / Presid- and Publis er Th= 4hite Sheet Shopping Guides 73-400 Highway 111, Palm Desert, CA 92260-3908 (760) 346-1729 - FAX - (800) 477-4733 Administration (760) 346-7350 Prnr1,,,-+i,n (7/41 'td1-11(17 - 't% 34tI 3JUt TO WHOM IT CONCERN: AS OUR VALLEY GROWS WE ARE FACED WITH MORE AND MORE CHALLENGES. AS A MERCHANT PARKING IS BECOMING A DIFFICULT PROBLEM TO SOLVE AND THE HELP OF THE CITY OF PALM DESERT WOULD BE GREATLY APPRECIATED. I HAVE A PARKING LOT ADJOINING MY BUILDING AND EACH DAY AS WE GET CLOSER TO SERVING LUNCH OR DINNER MY LOT IS CLOSE TO FULL WITH CUSTOMERS FROM BUSINESSES SURROUNDING ME. IF IN ANY WAY YOU COULD ASSIST IN RELIEVING THIS PROBLEM IT WOULD BE APPRECIATED. SINCERELY, v i MARY LEONARD 73-340 Ring 111 9.alai 3keat,ea.92260- 760 346-6032 lax 760 568-5878 9..Q Sea 1227 2a6a gloat,Ca 92261 E-.Mad M c G N I N N @ AO Page 1 of 1 DAN'S WINE SHOP 73-360 HWY 111 SUITE 1 PALM DESERT TO THE PALM DESERT CITY COUCIL: PLEASE GET US MORE PARKING SPACES, MY FELLOW TENANTS AND I NEED THEM DESPERATELY! PLEASE DONT DRIVE ME TO DRINKING MY PROFITS!!!!! IMPATIENTLY YOURS, DAN SULLIVAN OWNER DAN'S WINE SHOP Thursday, September 23, 2004 America Online: DANS WINE SHOP Sep 20 04 09: 22a p• 1 MARC'S GOLF SERVICE, INC. 73330 HIGHWAY 111 PALM DESERT, CA. 92260 TELEPHONE: 760-346-6227 • SEPTEMBER 22, 2004 CITY OF PALM DESERT RE: CITY COUNCIL MEETING THIS DATE CONCERNING PARKING ISSUES. OUR LOTS 9 AND 98 OF PALMA VILLAGE PLEASE BE ADVISED THAT WE AT MARC'S GOLF SERVICE AND OUR NEIGHBORING BUILDING OWNERS FIND THE PARKING SITUATION ALONG OUR FRONTAGE ROAD AND OUR BACK LOT TO BE WORSENING EACH YEAR. THE CITY WAS TO IMPROVE OUR BACK LOT FOR PARKING BUT IT [S STILL UNIMPROVED AND IS ONLY A DIRT AREA. OUR NEIGHBORS' CUSTOMERS TRY, AND SOMETIMES SUCCEED,IN PARKING IN THE AREA DIRECTLY IN BACK OF OUR BUILDING, MAKING IT DIFFICULT FOR OUR CUSTOMERS TO PARK THERE. DURING THE SEASON OUR FRONTAGE ROAD IS COMPLETELY PACKED. WE TRUST THIS WILL RECEIVE YOUR IMMEDIATE ATTENTION. YOURS TRULY, MARC'S GOLF SERVICE, INC. MARC I. MACHADO PRESIDENT ti - PQ.I `I25eYt- Ci-fy Co u ),,cr (, ryoye7 - N) ChrQ4S (, rict_cou, 06e4er Otero, of. & ICI barber Shor 73.282- US fig Sfe I o r0. 1rn 9eseft LA 9 Z Z 6U I too(jot 0 c&dka- noL e o /Ae bust )-7� 5'' re c� L7 S kC r�3 d r uct t.7(l o)lot A Y H l.; (�c.��ers o� f��'s a � 1 OvtY- Cusloo7eYS c+{e 1a ✓�n� a ha-YcY Arne jrcit rasccan% Arouyrc/ Mere any( come_ are jot.)S(Y1 (7a5l yiec5, /fjaylk You foi your CowsiWeraii4n Couzz, r * n FL 11 0-4 To: Palm Desert City Council From: Dr. Jerry Meints I want to thank the City Council for supporting the need for more parking behind the businesses located along the north side of Highway 111 between San Pablo and Monterey. I appreciate all the effort that went onto that part of the new Master Plan. I am unable to be here tonight due to patient responsibities at Village Counseling. I am therefore writing you to urge swift action in implementing the desperately needed expansion of alleyway parking you proposed in the Master Plan. Most businesses in the area have suffered due to parking unavailability. The time is ripe for the City Council to support their most important resource i.e. local businesses. Please take immediate action to prevent this business season from becoming another parking nightmare along Highway 111. Respec , 4"- Dr Dr. J Meints Director Village Counseling r • CRYSTAL PALM COURTYARD • 73-338 HIGHWAY 111 PALM DESERT, CALIFORNIA 92260 September 21, 2004 To: The City Of Palm Desert I am confused regarding your performance on the parking situation for the businesses on Highway 111, between Monterey and San Pablo. After 4 years of discussion regarding the parking situation nothing has been resolved. Desperately there is a need to solve this problem. I have been working with an architect to add on to my property, but have been waiting for you to resolve the parking problems. I would be glad to pay my share to help the City for the cost to solve this problem. It would make sense to me that maybe all the property owners pay a share to help the City with this dilemma. I would like to enlarge my office spaces and increase business revenue for the City. It is time to make a FINAL decision on this so needed serious problem. Thank you; Peter Hartwig, (owner )Crystal Palm Courtyard r DESERT DISCOUNT CLEANERS, LW 73-250 Highway 111, Palm Desert. CA 92260 760-773-5574 - September 21, 2004 Robert A. Spiegel, Mayor CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear Mayor Spiegel: As you are aware, our dry cleaning establishment is located on the frontage road of Highway 111, between San Pablo and Monterey (near the Red Barn). I am writing this letter to you to request that something be done, if possible, with regard to the parking situation on the section of this street. There are many small businesses on this street ... but insufficient parking places. We, ourselves, have our own parking lot -- but because street parking is never available, customers and visitors goingto other businesses often park in our lot-- and we are constantly having to ask them not to do so, since we are a busy cleaner and need all of our parking spaces. Besides a parking lot being necessary for other businesses on the street, our own employees could use it, since they have nowhere to park (except on the street). We would very much appreciate it if you could do whatever is necessary to help our situation. With thanks, Sincerely, S erman 46 g)s • Suit By: JIM DEMETRIOU; 406 862 2282; Jul 04 6:11P1v1; Page 1 Jim Demetriou 119 Bay Point Drive Whitefish, Montana 59937 (406) 862-2282 Fax # (406) 862-2282 July 20, 2004 'RECEIVED City of Palm Desert 0 2004 73-510 Fred Waring Drive 1;,{MUNITY DEVELOPMENT DEPARTMENT Palm Desert, Ca. 92260 T Y or PA r; SFRT Attn: Francisco Ubina Dear. Mr. Ubina: I am responding to your Legal Notice, dated 07/10/04, regarding your future building located at 73-168 Highway 111, Palm Desert, California. It is and has been my concern for a long duration of time as to the 5,250 sq. ft. building, a two story commercial building; that requiring a stated number of parking spaces for which it is my understanding that you are twelve (12) spaces short on the current property. Being there is not accurate and available space for these 12 designated cars, you state that they can be parked on the street. When I built Gateway Plaza, 72-140 Highway 111, adjacent to this stated property, in 1986-1987, I was required to have enough parking allowed on my property for the stated number of sq. feet for the commercial building, not to park on the street. My property is twice the amount of sq. feet as the above stated proposed commercial project , for which I was not allowed to build a building beyond the 8,000 sq ft. This meant that I had to provide the defined parking spaces required by law for the stated number of sq. feet of the building. I am now questioning the legality of this proposed commercial project and why this stated issue of parking spaces is not being addressed as it was for my land and building. Also, my concern is as to where clients as well as customers of the businesses, already existing on this block will be able to park, if you expect tenants to park on the street as well. We have had a problem throughout the past 17 years, especially during the Winter months, the busiest time of the year, parking on the street full at times, and now with the Village Inn Bar at the corner, as well as the Italian Restaurant, parking has been a serious situation. Many of my renters have complained over the years that there has been no parking in front of their establishments, January, February, March and April, especially, Received Jul-20-2004 13:29 From-406 862 2282 To-PALM DESERT PUBLIC 'N Page 001 3eot By: JIM DEMETRIOU; 406 862 2282; Jul ' 04 6: 12PM; Page 2 and with the parking in the rear of my building for the tenants and their employees, this is a concern of mine, being you state that the 12 spaces will be filled on the street. Being this is a Frontage Road, I feel this situation should be addressed immediately. When I purchased my stated property I was informed that the empty lot directly behind my property could be purchased, at a later time, for parking. Now as seen through reviewing your letter, you have held $60,000 from the developer for this purpose, yet what gives anyone the guarantee that this will be used to acquire the land for the twelve (12) needed parking spaces. I feel that this building is beyond the cities requirements for development at 5,250 sq. ft. with the limited spaces for parking and that a much smaller building should be approved with what parking spaces are available to date on the stated property at 73-168 Highway 111, not going ahead with the construction and waiting to see what happens within the neighborhood and the availability of on street parking. At no time will my property be used for additional parking for any nearby commercial buildings, not even the Italian Restaurant, after hours. My parking lot is for my tenants and their employees and that only. Previously I have been asked to allow parking, after hours, for the Italian Restaurant, for which I have stated no, due to Insurance issues and my tenants who need those spaces for late customers on a weekly basis. Sincerely, e Jim Demetriou Date: July 20, 2004 (P. gad -. `Z "& Received Jul-20-2004 13:29 From-406 862 2282 To-PALM DESERT PUBLIC W Page 002 .1g -ra-,,c---. _.. .1"-.._Lf-=-TI..1.1t1-4. -S . if ::?:.•s-r op It7 . 18 1,-PieAL , 1 __,.., _— — ,--,, z• le:,.1.-1 :- ,- ._-:...2- ;, 1: 19 - -- ,-.=:3 ...n,-,..v-,„ . _ ,c-r— 4t, le•vi..J ---, A--.--,---v-,-- i.z. _LE-7715,v,-- s-- • --- "ni- S I i--1 1-4 r ' • <,e ____ CD am - • ,• -.1 r."-- \ -t (V / '' (\PL--\''-.V Oa 010.--.'-'=-1 Z, MINN '---- '"----.-- .:1W 1 l•-1& —.- • t ' r • „0-- _L__ = ....,, _ :. t -- ___. .\\QA-4...1 --- li,-_,_- I . , .....A ..., • . / , — I i . _,1 ..- -r • - _ - ..r..-• --- , , 1...liiii6..- ' • • 1 = ._ _ -:_ . 1 L I 11 1 - ) I- T-- • - ---1/-------- t / • • in „_.._ t, Ilinia ., t,.. .__,......r_......wrItt_...rtr_ , . ,,,=i..., __ ___,..a, . 1. . _ - ... - -.../ 'cli.GGat .--' . .-• ime.„..,,, 1-4 F----4-- C---i A-- r , , , , .. 4..... 1._..4, i "nr, .i.--- , 4 4 l'bu•cvleii--1 F''..-'-G6•41" 12- [.. .i-r- r.,_-- (12-1 -',---4__ -- - - - - V-r-- ' -- 1 1 U----% -- 7--.--- --..alliCi.7111q1ri I r--1 , 1-2.-----1 I 1--JZ:r- • vr" —0 E" -r- - 1 j i ;.-_- .. -3L4 .r ,.--t6 C i . TT t"1.674--1_ ELI --- ----- -1 1 1 ti- jr— 1 .-a2 . , ,_ ..-(-T1 1 11 t z:t C:2. 1:15 1 -I 1 s ,- I , - t --/ ' j'l ;1 P ' z.., ------ r__. ..,. -_,1ois;-, ...,_-., 1 , i qa-, 3-1 Lill ".--- - I 1-11171f: :_ip.\ 1 ' 1- 1=-' i--3 1 1 Lallzi 1 1 tc-4.te-I_TaFr 1 . . K3-:,_-- -4,, 1_ _i_.-_0,b, - ,,, _ , 1-:- __ _ __ ---, , I I ,_ 13.Q,Li , _,._____ c---1- 1 ) __ -T i •:--• ;"J _ ALIA Ai zyz.,sTgA- LE-__--174".•-:-: FF'04-07 r 11 _ tl . )11 ., ii )1141,t,L. -+-c-11 ebilb,.....1. . .. •.- , 'VI '' .41 Pr e PP 04-07, 73-168 Highway 111. Looking north at front of project site. rt- ---i iL",,via 1. '. ' "'"w• �•• ti ',' !. `,til + tFAI ESSAiE VISION NOSES&DES' p t. ; f t ,. s � • _ ®_ _ Looking northwest along Highway 111 Frontage Road North. The palm tree indicates the location of the project site. f, ` ..i rr,' , ,to„-- ww. 1 '4,4 - . .j- PP 04-07. 73-168 Highway 111. Looking southwest at rear of project site (to left of power pole) from Alessandro Alley. -. g _. .. .' . • I yq " tit e-_+ "*ram •�— ;........4.r._ ._- ,.,�.- Looking southeast at rear of project site from Alessandro Alley. a PF D 4-07 ` - L 5 iminiamemi 0 uc 0 0 Q CI MADOAN4Yl)R}y.T;lcKLEDG!rnNE(CSk?/)12) • —. L L C-gip ._ _ _ . _ ----- '__. • .__.._,.--•----_-__---- -------• • 10. `s�fld�, -- �_ rAci. -r_ .*-pN"t?O. Per=t ini --- - -- 6. _..__�u� G+0 .w3.2:---- ..- _.P4`.i.40_.1_:.g:.•1_4_ae.T(�P��.�t'(i.U:i`t�" C;��.r rt co t_o ) . Qr :(Kj; l o fz- ' 1uGO :ter . .. - .. . . . ....: .. _ ...._ ___^---••--_ —.:• Eg G .7:•-4 pd�.tf�( 1%.'` '`- GU L Tr1 kz d D 5 T'D 1'1ff O _ ti t•k.G Y --b lz'r51-ArG� •- S ( ®• - e2 Z_ (ZU G K v c_i.L;c lz L �c T o .c. .C.�_sv . . .._ u . `BR v 4.Z.E Li 'a C �. ti M !�.! �► , -r ® A to r-t 1 r./J r-o T R 1 433 47 I