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HomeMy WebLinkAbout2016-08-16 PC Regular Meeting Agenda Packet CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION AGENDA TUESDAY, AUGUST 16, 2016 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER 11. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. SUMMARY OF COUNCIL ACTION V. ORAL COMMUNICATIONS Any person wishing to discuss any item not scheduled for public hearing may address the Planning Commission at this point by stepping to the lectern and giving his/her name and address for the record. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the Planning Commission. Because the Brown Act does not allow the Planning Commission to take action on items not on the Agenda, Commissioners will not enter into discussion with speakers but may briefly respond or instead refer the matter to staff for report and recommendation at a future Planning Commission meeting. Reports and documents relating to each of the following items listed on the agenda, including those received following posting/distribution, are on file in the Office of the Department of Community Development and are available for public inspection during normal business hours, Monday-Friday, 8:00 a.m.-5:00 p.m., 73510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346-0611, Extension 484. VI. CONSENT CALENDAR ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE PLANNING COMMISSION OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION VII, CONSENT ITEMS HELD OVER, OF THE AGENDA. AGENDA PALM DESERT PLANNING COMMISSION AUGUST 16, 2016 A. MINUTES of the Regular Planning Commission meeting of July 5, 2016. Rec: Approve as presented. Action: B. REQUEST FOR CONSIDERATION to perform a lot line adjustment to adjust property lines between parcels at 45-400 Larkspur Lane (APNs 627-262-007, 627-262-008, and 627-262-011). Case No. PMW 16-163 (West River, Inc, El Dorado Hills, California, Applicant). Rec: By Minute Motion, approve Parcel Map Waiver 16-163. Action: VII. CONSENT ITEMS HELD OVER Vill. NEW BUSINESS None IX. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he or she raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the Planning Commission. A. REQUEST FOR CONSIDERATION of a Conditional Use Permit to operate a new cocktail lounge bar within a commercial zone located at 44-750 San Pablo Avenue, Suite 1. Case No. CUP 16-157 (Mark Green, La Quinta, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2675, approving Case No. CUP 16-157. Action: B. REQUEST FOR CONSIDERATION to demolish an existing fuel station and construct a new 5,400-square-foot market and fueling station canopy for Tower Market located at 73-801 Highway 111. Case No. PP/CUP 16-180 (Tower Energy, Torrance, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2676, approving Case No. PP/CUP 16-180. Action: 2 GAPlanning\Monica OReilly\Planning Commission\2016\Agenda\8-16-16 agn.dou AGENDA PALM DESERT PLANNING COMMISSION AUGUST 16, 2016 X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES B. PARKS & RECREATION C. GENERAL PLAN & SPECIFIC PLAN UPDATE XII. COMMENTS XIII. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Planning Commission was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 12th day of August, 2016. Monica O'Reilly, Recording Secre ry Please contact the Planning Department, 73510 Fred Waring Drive, Palm Desert, CA 92260, (760) 346-0611, for assistance with access to any of the agenda, materials, or participation at the meeting. 3 GAPlanning\Monica OReilly\Planning Commission12016WgendaT-16-16 agn.docx CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES • TUESDAY, JULY 5, 2016 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM PERT, CA 92260 AA I. CALL TO ORDER Chair John Greenwood called the meeting , er at 6:00 II. ROLL CALL Present: Ill Commissioner Ron Gregory ' Commissioner Kathleen Kel Commissioner Joseph Prade Vice Chair Nancy DeLuna Chair John Gree Staff Prese Douglas Phi City Ryan endell," °` velopment E JI cip , nner n Swa soc tanner , 'Ia helle D. K n, lerk III. F GE OF ALL IANC Chair nwoo the Pledge of Allegiance. IV. SUMMAR s, UNCIL ACTION Mr. Ryan Stendell, Director of Community Development, summarized pertinent June 30, 2016, City Council actions. V. ORAL COMMUNICATIONS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 5, 2016 VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of June 21, 2016. Rec: By Minute Motion, approve as presented. Action: Upon a motion by Commissioner Pradetto, second by Co missioner Kelly, and a 5-0 vote of the Planning Commission, the Consent C r was approved as presented (AYES: DeLuna, Greenwood, Gregory, Kelly, a detto; NOES: None). VII. CONSENT ITEMS HELD OVER None rt VIII. NEW BUSINESS None IX. PUBLIC HEARINGS A. REQUEST FOR CONSID TI Co al Use Permit to allow Lexurious Autq s to dis tw s utdoors within the parking lot for sale cated 4 42n, nue, Suite 3. Case No. CUP 16-122 ( a ous A ales, Desert, California, Applicant). Mr. Kevin F z, Ass Planne esented the staff report (staff report is available at it a noted that a notice was sent out to b ners re within z et. Staff did not receive any comments in iio re ended that the Planning Commission approve the . tw. olution. H red swer any questions. Chair Nancy Luna .x ked if it is correct that there would be no service or m ical work o e automobiles at this location. Mr. Sw pli . at is correct. Vice Chair D I na asked if it is only for the sale of automobiles. Mr. Swartz replied that is correct. Vice Chair DeLuna inquired if there is another automotive business that rents, leases, or services cars in the area. Mr. Swartz responded that there are numerous automotive businesses in the area. 2 GAPlanning\Monica OReillfflanning Commission\2016\Minutes\7-5-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 5, 2016 Commissioner Ron Gregory asked if the cars are brought out only for the purpose of an appointment with a potential buyer. He also asked if the cars stay out during the day, and are the cars put back in the shop at night. Mr. Swartz believed the cars stay out in the parking lot at night. He mentioned that the property owner may add a gate to the building. Chair Greenwood declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. MS. JULIE FLEISCHMAN, Palm Desert, California, d that she is a business owner. Commissioner Kathleen Kelly asked the a nt to cla :'f the intention is to have two cars in the parking lot continuo MS. FLEISCHMAN replied that is c She sai they have ` lay Parking Only" signs in the parking lot. Commissioner Gregory com nted on est Ing precedence, and asked how this request would lead to o anies w to have parked cars for sale. He said it might not be a bad a. Mr. Swartz respo hat the Co '~: t it ould be good for the City. However, it w e a al Us rmit; each case would be reviewed on e-by-c basis. Vice Chair na me that Le 'ous Auto Sales is not located on a main street so cars d i normal business day. She asked if it is a s� Swartz r d t hoto of the site, and pointed to the location of the ilding and str Ch a reenwood ed the applicant if they are proposing additional signage to draw c to their siness. MS. FLEI replied no. Vice Chair DeLuna clarified that the business is by appointment only. MS. FLEISHMAN replied that is correct. With no further testimony offered, Chair Greenwood declared the public hearing closed. 3 G:\Planning\Monica OReilly\Planning Commission\2016\Minutes\7-5-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 5, 2016 Vice Chair DeLuna communicated that the request is an excellent use, it is within the designated zone in the area, and it is something the City Council is encouraging; therefore, she moved for approval. Vice Chair DeLuna moved, by Minute Motion, to waive further reading and adopt Planning Commission Resolution No. 2672, approving Case No. CUP 16-122, subject to conditions. Motion was seconded by Commissioner Gregory and carried by a 5-0 vote (AYES: DeLuna, Gregory, Greenwood, Kelly, and Pradetto; NOES: None). B. REQUEST FOR CONSIDERATION of a Conditio se Permit to allow a 2,400-square-foot detached accessory structure a rear yard 25 feet from the property line on a 40,000-square-foot I ed at 77-700 Delaware Place. Case No. CUP 16-99 (Alfredo AN11Viz, Desert, California, Applicant). Mr. Swartz reviewed the staff (staff report available at www.cityofpalmdesert.orq). Staff be[,* that the. -tructure men` ` e intent of the Residential Estate (R-E) zone rec nded appro For the Architectural Review Commission and mmission meetings, a notice was sent out to the neig s. Staff di receive comments in favor or opposition. He offered to an question Vice Chair DeLuna asked wha hei y4 e a f` _ t structure is. Mr. Swartz def estion plican MR. ALFF .: ALVID applic Palm Desert, California, believed the adjacent str a is ap : ately 1 � `t in height. However, the structure is 10 feet away fro r r a una fired if the two structures would be approximately 25 feet rt. ALVIDREZ r 'ed th the two structures would be approximately 35 feet ap Vice Ch eL sked if Mr. Alvidrez's lot is lower. Mr. Swartz a ered that the applicant's lot is not lower; lots to the north are lower. Commissioner Joseph Pradetto commented that Condition Nos. 8 and 9 relate to accessibility requirements, and asked if the residential structure has to be in compliance with ADA. Mr. Swartz communicated that the ADA conditions are added by the Department of Building and Safety, and the applicant has to meet typical building codes. 4 G\Planning\Monica OReilly\Planning Commission\2016\Minutes\7-5-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 5, 2016 Commissioner Pradetto asked if the Department of Building and Safety is requiring a residential accessory structure to meet ADA requirements. Mr. Swartz responded that he is not sure since Building and Safety added the conditions. He said he would ask Department of Building and Safety if the conditions are required. Mr. Stendell interjected that the conditions are a standard stock response from the Department of Building and Safety to make sure the are covering all of their bases. Commissioner Pradetto commented he underst ever, he does not want the applicant to be stuck with the ADA conditio is ck response. Chair Greenwood asked staff if the struct going to be s led. Mr. Swartz replied yes. Vice Chair DeLuna asked what the allow is. Mr. Swartz replied 18 feet. the acce structure would be at 18 feet. Chair Greenwood commente at h stoo applicant would not be addressing any m ical con rat* lin the garage at this time. If he chooses to future, d if it be ground mounted units. Mr. Swart that was rect. Chair Greenwood de d �r.rt en and asked for any public testimony IN FAVO OSI Wit stimony o , C reenwood declared the public hearing closed. missioner Pr . tto s gested that Conditions of Approval Nos. 8 and 9 re ing ADA co ance be removed, if not required by the building code. Chair G wo ed staff if they are comfortable making that change. Mr. Swartz r' onded that he would discuss the matter with the Building Official. Vice Chair DeLuna inquired if any motion would be subject to checking if Conditions of Approval 8 and 9 could be removed. Mr. Stendell answered that the Planning Commission would need to be more definitive with the motion. If they want staff to remove the two conditions, please direct staff to do as such. 5 G:\Planning\Monica OReilly\Planning Commission\2016\Minutes\7-5-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 5, 2016 Commissioner Pradetto moved, by Minute Motion, to waive further reading and adopt Planning Commission Resolution No. 2673, approving Case No. CUP 16-99, subject to removal of Department of Building and Safety Conditions of Approval Nos. 8 and 9. Motion was seconded by Vice Chair DeLuna and carried by a 5-0 vote (AYES: DeLuna, Greenwood, Gregory, Kelly, and Pradetto; NOES: None). C. REQUEST FOR CONSIDERATION of a recommendation to the City Council for approval of an amendment to Tentative Tract Map 33719 to modify Fire Department Condition of Approval No. 7, and to revi approved pad heights for a 159-lots residential subdivision located at the west corner of Frank Sinatra Drive and Portola Avenue. Case No. T 719 Amendment No. 1 (TTLC Catavina Investors, LLC., Newport Be fornia, Applicant). Mr. Eric Ceja, Principal Planner, outlined alient p in the staff report (staff report is available at www.cit of al rt.orq). He n hat the Planning Commission received a new exhibit pr' ` the meeting, whic er shows the changes on a parcel-by-parcel basis recomm ded approv °" ` d offered to answer any questions. Vice Chair DeLuna asked w the standar 't width is. Mr. Ceja replied that the stan " -; et. Commissioner Pr inquire th is wn Fire Marshall or is it Riverside Coun hall Mr. Stend sponded t the C " f Palm Desert has a contract with the Riverside Fire, e City s s a Deputy Fire Marshal with the Cove Communities. D stationed in the Palm Desert City Hall; th b 'ty st evelope able to have questions answered directly. air Green ref e to the new proposed map, and asked if the secondary [der view corr and that feed the actual duplex units are 30 feet. Mr. S. 'a replied t they are not. He said that they are 24 feet, and the Fire Depa t is in s ort of the condition. Chair Gre commented that on the previous applications, the inlets were required to b ' 6 feet. He questioned if it was required for all streets or was the secondaries to be less. Mr. Ceja said that the secondaries were to be less. He believed that they were conditioned at 32 feet. Vice Chair DeLuna clarified that if the secondaries are 24 feet, they are not as wide as a standard street. 6 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\7-5-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 5, 2016 Mr. Ceja replied that is correct. He communicated that the project is a cluster type of housing development so they are raising a courtyard pattern around the narrower streets. He mentioned that they have off-street parking along some of the spine roads or the main thoroughfares throughout the project. The project also has allowances for guest parking, and the Fire Department has adequate access even with the reduced roadway width. Chair Greenwood requested that staff show some of the slides so he can see some of the interiors of the duplexes. Mr. Ceja displayed some of the renderings provided e applicant. Chair Greenwood inquired if there is no parki a in the garage within the secondary accesses. Mr. Ceja replied that is correct. Chair Greenwood confirmed that the Dep t has review all egress circulation with their trucks. Mr. Ceja replied yes. Commissioner Gregory comm' d th are a changes as part of the request for approv. m the PI . : ing a said there are up to four and half feet etwee 11 eights ve Frank Sinatra Drive and asked if that rect. Mr. Ceja sa t is cor - C er question x e applicant would be building a six-foot f th d so that from Frank Sinatra Drive you would be looking our and a eet six feet; therefore, the wall would be 10 and a half feet of curb or st heig Mr. a replied y He said with the pad height changes and the pad sitting abou feet ab the street, there would be a taller wall along Frank Sinatra Drive. is stantial setback of approximately 25 feet from the curb of Frank Sin a back, which includes an additional right-of-way width and a landscape ar Commissioner Gregory asked how the grade change is being taken into account with the slope. He assumed it is graded from the base of the wall to back of the curb or sidewalk. He stated he is curious on how steep the slope would be and how it would be addressed. Mr. Ceja deferred the question to the applicant. 7 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\7-5-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 5, 2016 Vice Chair DeLuna asked if there would be areas with turf for kids and pets to play or walk. Mr. Ceja responded that the Planning Department has asked applicants to limit turf in active use areas. He indicated that the applicant is showing turf around the pool and in a small park in the development available to the community. Chair Greenwood declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. MR. KEITH HATTON, The Altum Group, Palm California, addressed Commissioner Gregory's concern in regard to grades. He stated that there is a condition to have an eight-foot att d s alk on Frank Sinatra Drive and also on Portola Avenue. In the t case sc ;o where they have the four and a half feet between the pad s and the str a wall would be mitigated by three to one landscapin the back of the alk up to the retaining wall. As a result, it would e a 10-fo wall. He st they would mitigate the difference as much as the withi range of engi ring. Commissioner Gregory inter';=, ted and ma - ar that he is not saying the wall is 10 feet tall. He is conce t the side is eight feet wide, and if it is continuous with the curb or d x i er. MR. HATTON an d that th - . is h e an attached curb. Chair Green direct tall to ay the preliminary grading plan (sheet 2 of 3). He as at the gr of the walk at the northeast corner at the end of the propert It tha is a four- ection of sidewalk along Portola Avenue, so no st corner of Frank Sinatra Drive. air Greenwo ues the distance at Lots 9, 10, 11, 12, 16, and 21, look appro ately ght feet. He said it seems there is a three to one slo, ''..om the bott of the wall. Mr. Cej ed the condition for the wall along the street is similar to the homes ac k Sinatra Drive and Pele Place, which are also approximately four feet abo a street. Chair Greenwood commented that with the increase grade at the south side of the property, he asked if there are concerns getting a fire truck approach. MR. HATTON responded that they have met all the appropriate standards set by the Fire Department. 8 GAPlanningWonica OReilly\Planning Commission\2016\Minutes\7-5-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 5, 2016 Chair Greenwood inquired if the revisions went before the Architectural Review Commission. Mr. Ceja replied not the revisions to the map. However, the Architectural Review Commission reviewed the architecture, landscape plans, and wall designs. Commissioner Gregory clarified that the additional land gained from reducing the street width went into landscaping. MR. HATTON remarked that the street width never =ged from the original concept in 2006. Mr. Ceja interjected that he cannot speak to ap d in 2006, other than the original map did show the street w' , s that ar fore the Planning Commission today. With no further testimony offered, Chair Gre ood declar d the public ng closed. MR. HATTON pointed out that they ha -- ed 20 feet on Frank Sinatra Drive to mitigate the grade d': ,rence in tha Commissioner Gregory move b e Moti waive further reading and adopt Planning Commission Resolu No., appr Case No. TTM 33719, subject to conditions. Mo 'x as seco , d b n Pradetto and carried by a 5-0 vote (AYES: DeLu ood, elly, radetto; NOES: None). X. MISCELL,r US None XL EE -. UPDATES ART IN PU PIL N o , ' B. PA R ATION None C. GENERAL PLAN UPDATE TECHNICAL WORKING GROUP None 9 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\7-5-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION JULY 5, 2016 XII. COMMENTS Chair Greenwood inquired if the General Plan was discussed by the City Council during the budget meeting. Mr. Stendell responded that the City Council asked general questions, such as what is the status and when would it be completed. He noted that at the City Council meeting of July 14, the Council would consider a professional services agreement for the San Pablo Avenue corridor improvers ts. Mr. Stendell thanked Ms. Rachelle Klassen, City Wk, for assisting with the Planning Commission meeting. XIII. ADJOURNMENT With the Planning Commission conc e, Chair Greenw djourned the meeting at 6:44 p.m. .. ; . GREE 0D, VICE CHAIRPERSON ATTEST: RYAN STENDELL, E PALM DE , N T MI MONICA ILLY, RE C DING SECRETARY �r 10 G:\Planning\Monica OReilly\Planning Commission\2016\Minutes\7-5-16.docx CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM To: RYAN STENDELL, DIRECTOR OF COMMUNITY DEVELOPMENT From: BO CHEN, CITY ENGINEER Date: August 9, 2016 Subject: PARCEL MAP WAIVER NO. 16-163 The above-referenced parcel map waiver has been reviewed by the Engineering Division of the Public Works Department and found to be technically correct. Please schedule for Planning Commission action as soon as possible. PMW 16-163: Applicant/ Property Owner: West River, Inc., Attn: Bob Leach 3941 Park Drive El Dorado Hills, CA 95762 and El Paseo Premier, Inc. 73-061 El Paseo, Ste. 200 Palm Desert, CA 92260 Representative: Michael Baker International, Attn: Bill Pope 75410 Gerald Ford Drive, Ste. 100 Palm Desert, CA 92211 BO CHEN, P.E. City of Palm Desert /Department of Community Development PARCEL MAP WAIVER 73-510 Fred Waring Drive• Palm Desert a California. 92260• (760) 346-0611 . Fax(760)776-6417 Applicant: !- WES 9 t(o --19 $-3(-4 9 T t a G . p.-c't'i.1 '6e�B �Artt-� Telephone: Mailing Address: 30L+1 Fax number: City: EL bog-&Vo i-tIL.LS State: CA. Zip:95"162 Email: Property Owner: 14es-r R-%Ve:P_ tt3 C. . A,,-T'N: t308 Lewd0 Telephone: 9 t(o- 198-3(649 Mailing Address: 39+1 FArg-Y- DA-04a Fax number: City: E L Do"r>o +-t 1 LL S State:cA Zip:9 5-62 Email: Representative: MtCHArel- 15"M hriTK1: S)" fcrF- Telephone: -7&0--1-7(0-co%a Mailing Address: �5+0 (O1=RrUD fb" DR.A•!E' S`r1E. 100 Fax number: City: 'PP•t- A DESEP1' State: cA Zip: 92211 Email: b; 11?oFe Q►-AEmIcertn4-1. corn Please send correspondence to (check one): Applicant Property OwnerRepresentative Project Address(s): �-�+� R L A�3� .4� --!Q b 1AZ_K,S&4 Assessor Parcel Number(s): (02-1-ZtO2 00&t 01 Existing Zoning: General Plan Designation: Project Request(describe specific nature of approval request): 'To ADJUST Ftzorgtq L.tt4CS StrWiEe. PAr-ct✓t_S. Property Owner Authorization: The undersigned states that they are the owner(s) of the property described and herein give authorization for the filing of the application. Signature Print Name Date Applicant/ Representative Signature: By signing this application I certify that the information provided is accurate. I understand that the City might not approve what I am applying for and/or might require conditions of approval. &LL �>oiPe- S-I Z-I Cp Signature Print Name Date Property Owner uthorization: Agreement absolving the City of Palm Desert of all liabilities relative to any deed restrictions. I DO BY MY SIGNATURE ON THIS AGREEMENT absolves the City of Palm Desert of all liabilities regarding av deed restrictions that may be applicable to the property described herein. Signaturlb Print Name Date OFFICE US NLY // PROJECT NO: PMW L/ � /h ,� DATE: 5 Zoo _ ACCEPTED BY: mac/ City of Palm Desert /Department of Community Devolopment OSr+Y k PARCEL MAP WAIVER ` 73-510 Fred Waring Drive• Palm Desert. California• 92260• (760)346-0611 • Fax(760)776-6417 Applicant: W f=Sr ?_tQEr_ ;rjc A" -- Telephone: Mailing Address: Sl'+f F ©p""t E- Fax number: City: Do p_#,a t� �4 t L.1-S State: cA% Zip:157fv 2-Email: Property Owner: F-Sa-c Telephone: 760 3`11 - 416 Mailing Address: 7 3- 0,C-I �L fn5�TC,, Sa 11,75 ;200 Fax number: City: Fm-mot 0ESe5x State: CA- Zip: 92�0 Email: 'DFtEr FR_ OMZY-Ao. fl 6�7''� � Representative: , 4 N<<C,kA,EL 45Ai4f_=t ;O -V .h°rICIJ C.L. Telephone: Mailing Address:'T 541 a G,;EX4,L.0 Fm x� o c�lE E S t a a Fax number: City: FAH-,,A 'CSEs Ey--r State: c-0- Zip:9 2.2-1 E Email: b,Eli a p m!-,a L f r f n+1 E,,n Please send correspondence to(check one): Applicant Property Owner Representative Project Address(s): -73- G S S EL FPS E.0 Assessor Parcel Number(s): (c 2-7_ 'Z(o 2.a 0 Q Existing Zoning: General Plan Designation: Project Request(describe specific nature of approval request): rt1z_f:b a-tA X Lc>-c L.ia v- A-w us-rns-,.i"T- w t-n-t Ply -m '-;4E So a-r'H Property Owner Authorization: The undersigned states that they are the owner(s) of the property described and herein give authorization for the-filing of the application. Signature Print Name Date Applicant / Representative Signature: By signing this application I certify that the information provided is accurate. I understand that the City might not approve what I am applying for and/or might require conditions of approval. &1 L PcP 1;7- i2- I (,0 Signature Print Name Date Property Owner horization: Agreement absolving the City of Palm Desert of all liabilities relative to any deed restrictions. I DO BY MY SIGNATURE ON THIS AGREEMENT absolves the City of Palm Desert of all liabilities regarding an deed restrictions tha y be applicable to the property described herein. l a� S Q� Signs ure Print Name Date OFFICE USE ONLY PROJECT NO: PMW DATE: ACCEPTED BY: �/� EXHIBIT "A" PMW 16-163 LEGAL DESCRIPTION FOR A LOT LINE ADJUSTMENT EL PASEO HOTEL, LLC. — PALM DESERT, CA LOT `A' Being all of Lots 6 and 7 and portions of Lots 1 and 5 in Block Q of Palm Desert, in the City of Palm Desert, County of Riverside, State of California, as shown by a map filed in Book 21, Pages 50 through 54, inclusive of Maps, in the office of the County Recorder of said County of Riverside, also as shown on a Record of Survey on file in Book 125, Page 36 of Records of Survey in said County of Riverside, more particularly described as follows: BEGINNING at the northwest corner of said Lot 7 of said map of Palm Desert; Thence along the north line of said Lot 7 North 89°44'35" East 119.51 feet; Thence leaving said North Line of said Lot 7 North 00'15'25" East 25.15 feet; Thence North 89°44'35" East 100.54 feet to the east line of Lot 1 of said map of Palm Desert; Thence along said east line of said Lot 1 South 00°08'35" East 25.15 feet to the northeast corner of said Lot 7; Thence along the east line of said Lot 7 and the southerly prolongation thereof South 00°08'35" East 400.01 feet to the north right-of-way line of Shadow Mountain Drive, having a half-street width of 30.00 feet as shown on said map of Palm Desert; Thence along said north line South 89044'35"West 199.96 feet to the beginning of a tangent curve concave northeasterly and having a radius of 20.00 feet; Thence westerly, northwesterly and northerly along said curve through a central angle of 90006'50"an arc length of 31.46 feet to the east line of Larkspur Lane having a half street width of 30.00 feet as shown on said map of Palm Desert; Thence tangent from said curve and along said east line North 00°08'35"West 379.96 feet to the northwest corner of said Lot 7 and the POINT OF BEGINNING; CONTAINING 2.08 Acres, more or less. LOT 'B' Being a portion of Lot 1 in Block Q of Palm Desert, in the City of Palm Desert, County of Riverside, State of California, as shown by a map filed in Book 21, Pages 50 through 54, inclusive of Maps, in the office of the County Recorder of said County of Riverside, more particularly described as follows: BEGINNING at the southwest corner of said Lot 1 of said map of Palm Desert, said point also being on the east right-of-way line of Larkspur Lane having a half street width of 30.00 feet as shown on said map of Palm Desert; Thence along said east right-of-way line North 00°08'35"West 180.00 feet to the beginning of a tangent curve concave southeasterly and having a radius of 20.00 feet; Page 1 of 2 Thence northerly, northeasterly and easterly along said curve through a central angle of 89°54'53"an arc length of 31.39 feet to the south line of El Paseo having a half street width of 50.00 feet as shown on said map of Palm Desert; Thence tangent from said curve and along said south line North 89'46'18" East 200.03 feet to the northeast corner of said Lot 1; Thence along the east line of said Lot 1 South 00°08'35" East 174.71 feet to a point distant thereon being North 00008'35"West 25.15 feet from the northeast corner of Lot 7 of said map of Palm Desert; Thence leaving said east line South 89044'35"West 100.54 feet; Thence South 00'15'25" East 25.15 feet to the south line of said Lot 1; Thence along the south line of said Lot 1 South 89°44'35"West 119.51 feet to the POINT OF BEGINNING. CONTAINING 0.95 Acres, more or less. AS SHOWN ON EXHIBIT"B" attached hereto and by this reference made a part hereof. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. This legal description and accompanying plat were prepared by me or under my direction in conformance with th requirements of the Professional Land Surveyors Act. AL.L.,� \ON , N�s Christopher L. Alberts, PLS 8508 NER �5o2 X_ �o Date ° v LS No.8508 sTq�OF CA15�p�\P Page 2of2 EXHIBIT "B" SHEET 1 20 2 PREPARED: JULY 06, 16 P.M.W.16-163 RBF JOB #: 149713.002 LEGEND ORIGINAL OR PRIOR LOT LINE TO BE REMOVED EL PASEO ORIGINAL OR PRIOR LOT LINE TO REMAIN NEW LOT LINE - 0 (�) DENOTES RECORD DATA PER MB 21/50-54 `O [N89'46'18'E] [�] DENOTES RECORD DATA PER R.S. 125/36 ( G`L 200.03' POR. LOT 1 ALL BEARINGS AND DISTANCES WERE TAKEN FROM, OR DERIVED MB 21/50-54 _ FROM, RECORD OF SURVEY FILED IN BOOK 125, PAGE 36, J LOT 2 RECORDS OF RIVERSIDE COUNTY. 3 ^ LOT M o ° g5 AC 2 �? MB 21/50-54 SEE SHEET 2 FOR LINE AND CURVE DATA TABLE. bi o po o00 2 r- '� �- po rn " EASEMENT TO SOUTHERN CALIFORNIA EDISON J I z " `6�1� `, "°' PER DOCUMENT REC. ON 8/15/1977 AS INST. N0. 157940, O.R. I 5 L O1 GRANT DEED REC. 11/02/2015 AS CL m L4 DOC. NO. 2015-0480609 V) O - 20 GRANT DEED REC. 06/23/1994 AS SEE SHEET 2 INST. NO. 254923 Q Vol LO 3 pQN 6 62 0 00 M M 00 m p N N 1 z J to 11 30' O Z w � \D�a� LA ppcn Co cn, Q�ER L �` ci 199.96' = N0. 8508 [N89'44'35-E] o ✓J Exp. 12/31/2016 qy\� SHADOW MOUNTAIN DR I VE ::"� l� OT CAl\, DOC. NO. 2015-0480609, REC. 11/02/2015 EL PASEO HOTEL, LLC 627-262-008,011 INST. NO. 254923, REC. 6/23/1994 EL PASEO PREMIER CENTER, LLP 627-262-007 LOT NO'S PARCEL Q*ER ASSESSM PARCEL ROOM ADJUSTMENT PLAT — CITY OF PALM DESERT PREPARED 13Y'. APPLICANT- REVIEWED � Baker ...74-m ����, EL PASEO HOTEL, LLC . .M74 -FAX 74""'°"1°� 3941 PARK DRIVE, SUITE 20-308 I N T E R T 1 0 L � � EL DORADO HILLS, CA. 95762tAO* L PROPERTY ADDRESS: D MUSSE PLS 4230 l'y 45-400 LARKSPUR LANE EXP. 6/30/2018 DATE:7tZS•��i CHRISTOPHER L. ALBERTS, PLS 8508 DATE I PALM DESERT, CA 92260 FOR CITY OF PALM DESERT OF 2 EXHIBIT "B" PREPARED: JULYE06? 016 RBF JOB 149713.002 P.M.W.*-%3 APN 627-262-007 3 i POR. LOT 1 -� MB 21/50-54 00 C�j Ln �0. O� N ) " O 2 Q'� V C)00 O � CD N W 5 116 z CD Q�,5 %� w M L7 u) 00 [62.11 ]- 57.41 ' J [N89°44'35"E] �--L6 30' 119.51 ' CL \— POB c. Y CO O '0 APN 627-262-008, 011 CDL M 0o O o rn o � J o , o Z\ O r� 00 C} CD z O F- u J DATA TABLE NO. BEARING/DELTA LENGTH RADIUS C) L1 N66°04'55"E 96.85' -- �� [L2] N73°15'25"E 36.83' -- w [L3] S13°49'41"E 19.88' -- L4 [N89°44'35"E] 119.51 ' -- L J" N [L5] N 12°31 '53"E 30.76' -- �cn, pQ�,ER EF 9 Gam` -- [L6] N89°44'35"E 36.01 ' _o L7 N89°44'35"E 100.54' -- = No. 85M L8 NOO°08'35"W 25. 15' -- r Exp. 12/31/20t6y L9 N00°15'25"W 25. 15' -- [C1] A--90°06'50" 31 .46' 20.00' OF av\�O��\ C2 A--89°54'53" 31 .39' 20.00' DOC. NO. 015-0480609, REC. 11/02/2015 EL PASEO HOTEL, LLC 627-262-008,011 INST. NO. 254923, REC. 6/23/1994 EL PASEO PREMIER CENTER, LLP 627-262-007 ADa1STW NT PUT - CITY OF PALM DESERT 7*00 a-W MWF,aM 2M EL PASEO HOTEL, LLC Michael Baker ""ADO. SUWON 3941 PARK DRIVE, SUITE 20-308 00, N T E R T ION A L J� Fix EL DORADO HILLS, CA. 95762 04 �Awl4mw? PROPERTY ADDRESS: RONALD WSSER, PLS 4230 7-"6 45-400 LARKSPUR LANE EXP. 6/30/2018 DATE:I-ZA"ff�V PALM DESERT, CA 92260 CFRISTW ER L. ALBERTS, PLS 8508 DATE FOR CITY OF PALM DESERT CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION OF A CONDITIONAL USE PERMIT TO OPERATE A NEW COCKTAIL LOUNGE BAR WITHIN A COMMERCIAL ZONE LOCATED AT 44-750 SAN PABLO AVENUE, SUITE 1 SUBMITTED BY: Kevin Swartz, Associate Planner APPLICANT: Mark P. Green P.O. Box 1142 La Quinta, CA 92247 CASE NO: CUP 16-157 DATE: August 16, 2016 CONTENTS: 1. Draft Planning Commission Resolution No. 2675 2. Legal Notice 3. Plans and Exhibits Recommendation Waive further reading and adopt Planning Commission Resolution No. 2675, approving Conditional Use Permit (CUP) 16-157 to operate a new 1,290- square-foot cocktail lounge bar named Desert Fox, including an outdoor patio seating area along San Pablo Avenue. Executive Summary Approval of the CUP will allow the applicant to operate a new 1,290-square-foot cocktail lounge bar, within the General Commercial (C-1) zone. The business will operate seven days a week from 4:00 p.m. to 2:00 a.m. when most other businesses along San Pablo Avenue are closed. The proposed use requires approval of a CUP by the Planning Commission to assure land use compatibility and parking demand. Staff believes that parking, noise, and land use compatibility will not be a concern as outlined within this staff report. Background A. Property Description: The property is located along the east side of San Pablo Avenue, north of Highway 111, and south of San Gorgonio Way. The property consists of one (1) 3,900-square-foot Staff Report CUP 16-157 Desert Fox Page 2 of 5 August 16, 2016 building divided into three (3) suites. The applicant is proposing to lease Suite 1, which was formerly the Crisis Pregnancy Center. Parking for the site consists of 22 public shared parking spaces along San Pablo Avenue, a shared parking lot behind the building, and street parking. B. General Plan Designation and Zoning: The property is designated Community Commercial (C-C) in the General Plan and is within the General Commercial (C-1 zoning district). C. Adjacent Zoning and Land Use: North: C-1 and Office Professional (O.P.)— Commercial Building, and Office Building South: C-1 — Commercial Uses East: O.P. —Office Buildings West: C-1 — Various Commercial Uses Project Description The proposed cocktail lounge bar would operate seven days a week between the hours of 4:00 p.m. and 2:00 a.m. The business is a cocktail lounge, with six (6) part-time employees and one primary owner/manager serving beer, wine, distilled liquor, non-alcoholic beverages, and snacks such as mixed-nuts, cheese plates, olives, pretzels, and chips. The business will have a maximum of 60 people, which is based on occupancy, with the bulk of the patrons between 8:00 p.m. and midnight. The applicant is proposing to have subdued indoor live music on the weekends and karaoke a couple of nights a week. The floor plan consists of a small entry way, which leads to the bar with a seating area. There will be two restrooms and a storage room in the rear of the bar. The applicant is proposing to have an outdoor patio area facing San Pablo Avenue with up to eight (8) seats No outdoor entertainment will take place within the patio area. Analysis The Palm Desert Municipal Code (P.D.M.C.) lists permitted, conditionally permitted, and prohibited land uses for each zoning district established in the City. The C-1 zoning district allows restaurants/bar and lounges, subject to the review of a CUP to ensure there is adequate parking and land use compatibility with surrounding properties. The surrounding properties consist of a variety of commercial uses from restaurants, resale retail uses, liquor store, Circle K, pawn shop, instant cash store, computer store, funeral services, and dog grooming. The use of a cocktail lounge bar would be consistent with the land use pattern for this area. Public Hearing notices were mailed to parties who own property within 300 feet of the subject parcel and placed in The Desert Sun. Staff received one (1) comment in favor of the proposed use from a business owner along San Pablo Avenue and one (1) comment in opposition from GAPlanning\Kevin Swartz\Word\CUP'S\CUP 16-157 Desert Fox\Final PC Desert Fox Staff Report.doo Staff Report CUP 16-157 Desert Fox Page 3 of 5 August 16, 2016 the neighboring building owner to the north. The building owner to the north has stated to staff that he has concerns with parking, noise, and compatibility. Staff has met with that property owner to better understand his concerns and encouraged his participation in the public hearing process. The future success of the San Pablo corridor will be largely dependent on creating a more inviting and vibrant streetscape. Staff believes that a cocktail lounge bar can operate in a respectful manner consistent with the vision. Conditions such as the following will ensure that staff has ample tools to address any potential nuisance issues: • A maximum of 60 people total are allowed inside and on the outside patio of the cocktail lounge bar. • A maximum of 12 seats are allowed on the outdoor patio. • Submittal of Entertainment Site Plan for review by the Community Development/Planning Department for any indoor music or any other form of entertainment. • Applicant must clean all public areas, including street, sidewalks, landscape areas, parking within 100 feet of the business entrances, and San Pablo Avenue median including, but not limited to, trash, broken bottles, and other debris within thirty (30) minutes of the close of business. • Hours of operation are from 4:00 p.m. to 2:00 a.m., Monday through Sunday. • The business owner must provide at least one (1) certified license security guard who has no other affiliation with the bar from 10:00 p.m. to 2:00 a.m. to enforce such things as: noise, trash, altercations, occupancy, and excessive drinking. • The cocktail lounge bar must be current and approved by the Department of Alcohol Beverage Control (ABC) to serve alcohol at all times. • If noise becomes disturbing, excessive or offensive to the residents in the area and is reported by any ten (10) reasonable persons of normal sensitivity within a year, staff will look at modifying the hours of operation. Also, any CUP issued may be modified, discontinued, suspended, or revoked by the Planning Commission upon receiving satisfactory evidence that the permittee, its agents, employees, or any person connected or associated with the permittee: 1) has failed to comply with any applicable provision of the Palm Desert Municipal Code, including but not limited to the City's building, zoning and health regulations; 2) has failed to comply with any condition imposed by the CUP; or 3) has allowed the existence of or created a public nuisance in violation of the Palm Desert Municipal Code. The Findings for Approval have been made and are found in Resolution No. 2675, attached. A. Land Use Compatibility: The City is currently processing an update of its General Plan that emphasizes the creation of a "city center" and better street connectivity along the San Pablo Avenue corridor. The update includes creating a mixed-use area with a variety of shopping, dining/lounge bars, lodging, and housing. GAPlanning\Kemn Swartz\Word\CUP'S\CUP 16-157 Desert Fox\Final PC Desert Fox Staff Report.doc Staff Report CUP 16-157 Desert Fox Page 4 of 5 August 16, 2016 The City's Strategic Plan also states improvements to the San Pablo Avenue corridor fulfill priorities identified in the City's Strategic Plan, including the following: • Land Use - Priority 4: "Create a mixed-use city core integrating shopping, dining, lodging, and housing." • Tourism and Marketing — Priority 1: "Improve access to Palm Desert and its attractions to enhance the ease of lifestyle." • Transportation — Priority 1: "Create walkable neighborhoods and areas within Palm Desert that would include residential, retail, services and employment centers, and parks, recreation and open space to reduce the use of low occupancy vehicles." CUPs are discretionary and viewed on a case-by-case basis. In this case, the site is surrounded by existing retail commercial uses, offices, restaurants, and residential uses. There are no other cocktail lounge bars in the immediate vicinity, but all other surrounding businesses primarily close their doors between 4:00 p.m. and 6:00 p.m. with one restaurant staying open until 8:00 p.m. The business operation of seven days a week between the hours of 4:00 p.m. and 2:00 a.m. should be compatible and not create negative impact such as noise to the adjacent businesses. The proposed use is in keeping with the C-1 zone, adjacent uses, and meets the City's Strategic Plan and emphasizes of creating a "city center." B. Parking: Staff is unaware of any ongoing parking issues within the area. Section 25.46.040 Parking Requirements states restaurants/bars need eight (8) parking spaces per 1,000 square feet. The 1,300-square-foot cocktail lounge bar will require nine (9) parking spaces. There are currently 17 shared spaces in the rear divided between two other tenants (Musicians Outlet and You Dirty Dog). The proposed cocktail lounge bar hours starting at 4:00 p.m. should not impact the other two tenants' customer parking since You Dirty Dog closes at 5:00 p.m. and Musicians Outlet closes at 6:00 p.m. Along San Pablo Avenue there are 22 shared public spaces divided between nine (9) tenants. Below are the current tenants including their hours of operation. G:\PlanningXevin Swartz\Word\CUP'S\CUP 16-157 Desert Fox\Final PC Desert Fox Staff Report.doc Staff Report CUP 16-157 Desert Fox Page 5 of 5 August 16, 2016 Tenants Hours Fitzhenry Wiefels Funeral Directors 8:00 a.m. to 4:00 p.m. Mon-Fri Computer Store 9:00 a.m. to 6:00 p.m. Mon-Sat Instant Cash 9:00 a.m. to 5:00 p.m. (Mon-Fri) 9:00 a.m. to 1:00 p.m. Sat Musicians Outlet 10:00 a.m. to 6:00 .m. Mon-Sat You Dirty Do 8:00 a.m. to 5:00 p.m. Mon-Sun Trims and More 8:00 a.m. to 5:00 p.m. Mon-Sun El Rodeo Cafe 8:00 a.m. to 8:00 p.m. Mon-Sun Sun Splash 8:00 a.m. to 4:00 p.m. Mon-Fri Future Resale Boutique Store N/A Most tenants close at 5:00 p.m. and typically, cocktail lounge bars are busiest between 8:00 p.m. and midnight when the other businesses are closed. Based on the amount of parking and the adjacent businesses hours of operation, staff believes that there is adequate parking available for the cocktail lounge bar, and the use will not create a public nuisance in regards to parking. Environmental Review This project has been reviewed in accordance with the California Environmental Quality Act (CEQA). Staff has found this project to be categorically exempt, under Class 32: In-fill Development Projects, of the CEQA. Because of the categorical exemption, no further environmental review is necessary. Submitted By: Kevin Swartz, Associate Planner Department Head: 1U _ Ryan Stendell, Director of Community Development G:\Planning\Ke�An Swartz\Word\CUP'S\CUP 16-157 Desert Fox\Final PC Desert Fox Staff Report.doc PLANNING COMMISSION RESOLUTION NO. 2675 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVING A CONDITIONAL USE PERMIT TO OPERATE A NEW COCKTAIL LOUNGE BAR WITHIN A COMMERCIAL ZONE LOCATED AT 44-750 SAN PABLO AVENUE, SUITE 1 CASE NO: CUP 16-157 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of August, 2016, hold a duly noticed public hearing to eider the request by Mark P. Green for approval of the above noted; and WHEREAS, according to the California Environmental Quality Act (CEQA), the City must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not eernpt, further environmental review is necessary. The application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2015-75, in the Director of Community Development has determined that the proposed project is an Article 14''Class 32: In-fill` Development Projects Categorical Exemption for purposes of CEQA and 'no further review is necessary; and WHEREAS, at said public hearing,;upon hearin§,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, which' are outlined in the staff report reasons to approve the said request: FINDINGS: 1. Thai:the proposed location of the conditional use is in accordance with the objectives of;the Zoning ordinance and the purpose of the district in which the site is located. Jh, site is located within the General Commercial (C-1) zoning district. The purpose of e C-1 zoning; district is to set development and operation standards for commercial uses and activities. The proposal for the cocktail lounge bar use requires a Conditional UseyF'ermit (CUP) to assure land use compatibility and parking demands CUPs e discretionary and viewed on a case-by-case basis. The surrounding pr�6rties consist of a variety of commercial uses from restaurants, resale retail uses, liquor store, Circle K, pawn shop, instant cash store, computer store, funeral services, and dog grooming. The use of a cocktail lounge bar would be consistent with the land use pattern for this area. The site is also surrounded by offices, and residential uses. The proposed use is in keeping with the C-1 zone, adjacent uses, and meets the City's Strategic Plan and emphasizes on creating a "city center." The future success of the San Pablo corridor will be largely dependent on creating a more inviting and vibrant streetscape. Staff believes that a cocktail lounge bar can operate in a respectful manner consistent with the vision. Conditions PLANNING COMMISSION RESOLUTION NO. 2675 have been placed on the project to ensure that staff has ample tools to address any potential nuisance issues. It can be determined that the approval of this CUP is consistent with the existing uses of the site, is consistent with the permitted and conditionally permitted uses listed for the zoning district, and conforms to all development standards contained in the zoning ordinance. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. The proposed conditional use is adjacent to properties with similar zoning designations and commercial uses. The surrounding area, which was improved with buildings and parking lots, has been operating',for years with various restaurants and commercial retail uses. The proposed cockt lounge bar is a consistent use. There are no other cocktail lounge bars in the immediate vicinity, but all other surrounding businesses primarily close their doors between 4:00 p.m. and 6:00 p.m. with one restaurant staying open until 8:00 p.m. The business operation of seven days a week between the hours of 4:00 p.m. and 290 a. should be compatible and not create negative impact such as noise to the adjacent businesses. Additionally, based on the amount of parking and the adjacent businesses hours of operation, staff believes that there is adequate parking available for 'he cocktail lounge bar, and the use will not create a public nuisance in regards to parking., Building improvements tad site operations will comply with all building, life safety and environmental standards during construction and continued operations, including: dusi mitigation, storm water discharge, health licensing, and fire prevention strategies. All bWlding and site improvements, including enlargements to restroom fac ikles will, comply with the Americans with Disabilities Act 4 (ADA).Therefore, the,conditional use,-building and site improvements will not be detrimental to public`health, safety, or welfare, and will enhance surrounding properties rather than detract from them. 3. That the proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. The proposed CUP and building improvements comply with all applicable development standards for building setbacks and height restrictions, parking requirements, and operational standards contained in the zoning code. The proposed use does not require approval of any variances or adjustment. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City's general plan. The City's General Plan includes a Commercial Core Area Specific Plan that includes commercial properties along the Highway III corridor and other parts of the City, including San Pablo Avenue. The overarching goal of the Specific Plan is to "maximize project area's potential for high quality economic development compatible PC Reso 2675.doc PLANNING COMMISSION RESOLUTION NO. 2675 with Palm Desert's overall community goals and self image." The proposed use and minor site improvements comply with the Commercial Core Specific Plan as they make a substantial investment into an older property along San Pablo Avenue. Additionally, the City is currently processing an update of its General Plan that emphasizes the creation of a "city center" and better street connectivity along the San Pablo Avenue corridor. The update includes creating a mixed-use area with a variety of shopping, dining/lounge bars, lodging, and housing. The future success of the San Pablo corridor will be largely dependent on creating a more inviting and vibrant streetscape. Staff believes that a cocktail loungq, bar can operate in a respectful manner consistent with the vision. The City's Strategic Plan also states improvements try the San Pablo Avenue corridor fulfill priorities identified in the City's Strategic Plan, iriduding the following: Land Use - Priority 4: "Create a mixed-use city core integrating shopping, dining, lodging, and housing." Tourism and Marketing — Priority 1: "Improve access to Palm Desert and its attractions to enhance the ease of lifestyle." Transportation — Priority 1: "Create:walkable neighborhoods and areas within Palm Desert that would include residential';`retail, services and employment centers, and parks, recreation and open space to reduce'the use of low occupancy vehicles." ter, The proposed use is in keeping with the Generat Plan and the vision within the update of the General Plan, and meets the City's Strategic Plan and emphasizes on creating a "city center." 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 for approval of the Planning Commission in this case. 2'. That the Planning,_ Commission does hereby approve CUP 16-157, subject to RI coc#tions. PC Reso 2675.doc PLANNING COMMISSION RESOLUTION NO. 2675 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 16th day of August 2016, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN GREENWOOD, CHAIRPERSON ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION PC Reso 2675.doc PLANNING COMMISSION RESOLUTION NO. 2675 CONDITIONS OF APPROVAL CASE NO: CUP 16-157 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development/Planning, as modified by the following conditions. 2. 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. 3. 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: Building & Safety Department City Fire Marshal Public Works Department Coachella Valley Water District Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building & Safety at the time of issuance ot, building permit for the use contemplated herewith,, 4. Applicant shall defend, indemnify and hold harmless the city against any third party legal challenge to these approvals, ),N*M counsel chosen by the City at applicant's expense. 5. The applicant shall ensure that-the ,sidewalk in front of the patio along San Pablo Avenue is ADA compliant'and shall make modifications as needed. 6. A maximum of 60 people are allowed inside and on the outside patio combined of the lounge bar. 7. A maximum of 12 seats are allowed on the outdoor patio. 8. Submittal of Entertainment Site Plan for review by the Community Development/Planning Department for any indoor music or any other form of entertainment. 9. Applicant shall clean all public areas, including street, sidewalks, landscape areas, parking within 100 feet of the business entrances, and San Pablo Avenue median including, but not limited to, trash, broken bottles, and other debris within 30 minutes of the close of business. 10. Hours of operation are from 4:00 p.m. to 2:00 a.m., Monday through Sunday. PC Reso 2675.doc PLANNING COMMISSION RESOLUTION NO. 2675 11.The business owner must provide at least one (1) certified license security guard who has no other affiliation with the bar from 10:00 p.m. to 2:00 a.m. to enforce such things as: noise, trash, altercations, occupancy, and excessive drinking. 12.The cocktail lounge bar must be current and approved by the Department of Alcohol Beverage Control (ABC) to serve alcohol at all times. 13. If noise becomes disturbing, excessive or offensive to the residents in the area and is reported by any 10 reasonable persons of normal sensitivity within a year, staff will look at modifying the hours of operation. DEPARTMENT OF BUILDING & SAFETY: 14.This project shall comply with the latest adopted edition of the Olowing codes: A. 2013 California Building Code and its appendices and standards. B. 2013 California Plumbing Code and its appendices and standards. C. 2013 California Mechanical Code and its appendices and standards. D. 2013 California Electrical Code. E. 2013 California Energy Code. F. 2013 California Green Building Standards Code. G. Title 24, California Code of Re9u, flops. H. 2013 California Fire Code and itsIappe does and standards. 15.All exits must provide an accessible','path of travel to.the public way. (CBC 1027.5 & 11 B-206). 16. Detectable warnings shall be provided wfe required per CBC 11 B-705.1.2.5 and 11 B- 705.1.2.2. The designer is also required to meet all ADA requirements. Where an ADA requirement is more restrictive than the State of California, the ADA requirement shall supersede,the state requirement. 17. Provide an acd le path of travel to the trash enclosure. The trash enclosure is required to be accessible. Please obtain a detail from the Department of Building and Safety.,: 18.All contractors and subcontractors shall have a current City of Palm Desert Business License privrto permit issuance per Palm desert Municipal Code, Title 5. 19.All contractors�/or owner-builders must submit a valid Certificate of Workers' Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 20.Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert Municipal Code 15.28. Compliance with Ordinance 1265 regarding street address location, dimension, stroke of line, distance from street, height from grade, height from street, etc. shall be shown on all architectural building elevations in detail. Any possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons that may render the building address unreadable shall be addressed during the plan review PC Reso 2675.doc PLANNING COMMISSION RESOLUTION NO. 2675 process. You may request a copy of Ordinance 1265 or Municipal Code Section 15.28 from the Department of Building and Safety counter staff. DEPARTMENT OF FIRE: 21. Fire Department Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. t. PC Reso 2675.doc CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 16-157 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMISSION FOR CONSIDERATION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND CONSIDERATION OF A CONDITIONAL USE PERMIT TO OPERATE A NEW COCKTAIL LOUNGE BAR WITHIN A COMMERCIAL ZONE LOCATED AT 44-750 SAN PABLO AVENUE, SUITE 1. The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), completed an Initial Study to review the potential environmental impacts of the project and have determined that the proposed request will not have a negative impact on the environment. Project Location: 44-750 San Pablo Avenue, Suite 1 Recommendation: Staff is recommending that the Planning Commission adopt a resolution supporting the project request. Public Hearing: The public hearing will be held before the Planning Commission on August 16, 2016 at 6:00 pm. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period on this project is from August 6 to August 16, 2016. Public Review: The project plans are available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the Planning Commission hearing. All comments and any questions should be directed to: Kevin Swartz, Associate Planner 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 kswartz@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary August 5, 2016 Palm Desert Planning Commission Swartz, Kevin To: mark@desertfoxbar.com Subject: RE: Kevin From: markcd)desertfoxbar.com [mai Ito:markCa�desertfoxbar.com] Sent: Monday, August 01, 2016 11:50 AM To: Swartz, Kevin Subject: Kevin RE: Desert Fox Bar, 44750 San Pablo Ave. Hi Kevin.. There are some twenty restaurants and/or bars in the general area that are all open between 4 to 6 pm. They not only serve alcoholic beverages, but food as well. And their prices are competitive. This is one reason why my 'happy hour'business (from 4 pm to 6 pm) is never going to be a hugely busy time for the Desert Fox Bar. But it is important for the Desert Fox to be open by 4 pm since every other alcohol-serving bar and restaurant is doing so. As for parking and nearby businesses, between 4 and 6 pm Tommy Bahama, Pizza Vino, Enoteca (Mamma Gina's), Fix, Mimmo's, Sullivan's, Fresh Agave, the Hood (and many others) are all serving up cheap drinks AS WELL AS food. It's already a very crowded field. And I will not be offering any cooked food at the Desert Fox whatsoever. None. Also, my competition's prices are ALL low at this time of day('happy hour'). Therefore, the Desert Fox is never going to have a full room of customers between 4 and 6 pm. Not even close. Indeed, a full house of customers at this time of day NEVER occurred even once after five years of operating the Desert Fox in Palm Springs due to competition from nearby restaurants. Any parking 'crisis'between 4 and 6 pm will simply not occur. While it is conceivable that there might be (occasional) shortages of parking right on San Pablo Ave. between 4 to 6 pm(if I'm lucky) there's still dozens of totally UNUSED parking spaces directly behind my building as well as the adjacent ones. There's actually abundant parking down here. Except for an average of two or three cars, my parking lot is virtually empty all day long. Empty! This is also true of the adjacent parking lots. And if I can get a dozen or so customers in the Desert Fox at one time between 4 pm and 6 pm I'll be very fortunate. Therefore, parking during these hours will never become a persistent problem. But this area will surely benefit by having at least one attractive cocktail lounge. There is a real need for night life as well as some dynamic retail operations. The Desert Fox is one step in that direction. Having operated a bar in Palm Springs for five years, I know that my prime time is going to be after 8 pm. Also, due to my close proximity to the nearby neighborhood, some of my customers will surely choose to walk or ride their bike to the Desert Fox. This will further alleviate the need for parking. Plus, don't forget about Uber. Therefore, any kind of a'parking crisis' associated with one small bar opening on San Pablo Ave is a fantasy. Nevertheless, I still need to be open by 4 pm since every restaurant and bar in Palm Desert is open by that hour. I must stay up with the competition. Opening later than 4 pm would put me at a permanent disadvantage. 1 This week, I intend to go to the immediate San Pablo neighborhood and take some photos. Let's see what the parking situation looks like (front and rear) at around 5 pm. I will also count parking spaces. I will share this information with you and any other interested party, The good news is that there is PLENTY of parking in this area. I sincerely believe that any anxiety concerning my bar's impact on local parking availability is misplaced. Your Truly, Mark Green, owner, Desert Fox Bar PS- I will also examine the parking situation on/near the JFK health clinic and see if there are any restrictions. For the reason that I've already explained to you, Kevin, I am not inclined to go to JFK health clinic and ask them to sign any document that gives me or any of my customers the 'right' to park in their private parking lot. I think that a request of that kind would be inappropriate. But I'll keep you posted. 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N ON WHO'a �¢c r" � Z m 'JI�[I`OIQIl LS 1�I91S3Q HJ1�1T7 nt��a 8vg X03 l'ff3s3Q a a <t W o,�xwz sJU -�z zw ✓„ '`o t9c�c>� , tiC0 it ; caw�,o iSC �H aoZw i lw N O w t9 pip i e�� O u4a� O - U . c r � C O Q it O I G n W 11 I Q U IO Z z IO IIQ w J W Za 0 LL f'' CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION OF A REQUEST TO DEMOLISH AN EXISTING FUEL STATION AND CONSTRUCT A NEW 5,400-SQUARE-FOOT MARKET AND FUELING STATION CANOPY FOR TOWER MARKET LOCATED AT 73-801 HIGHWAY 111 SUBMITTED BY: Eric Ceja, Principal Planner APPLICANT: Tower Energy c/o: Mark Vasey 1983 West 190t" Street Torrance, CA 90504 CASE NO: PP/CUP 16-180 DATE: August 16, 2016 ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2676 2. Legal Notice 3. Notice of Exemption (CEQA) 4. Architectural Review Commission (ARC) Notice of Action 5. Architectural Exhibits, Site Plans, Landscape Plans Recommendation Waive further reading and adopt Planning Commission Resolution No. 2676 approving a Categorical Exemption under the California Environmental Quality Act,a Conditional Use Permit, and a Precise Plan for the construction of a 5,400- square-foot market and fueling station canopy for Tower Market, subject to conditions. Executive Summary Tower Energy has purchased the former 76 gas station at the southwest corner of Highway 111 and San Luis Rey Avenue. The new owner is requesting to demolish the existing building and fuel station canopies and construct a new market, new fuel island canopy, and make other site improvements to operate an automotive service station. Staff Report Case No. PP/CUP 16-180 Tower Market Page 2 of 5 August 16, 2016 Architectural Review Commission The City's Architectural Review Commission (ARC) reviewed the applicant's request for site improvements at their meeting on July26,2016.The Commission voted 8-0-0 in recommending approval of the new market building and fueling station. Background A. Property Location: The project site is located at the southwest corner of San Luis Rey Avenue and Highway 111. The property is approximately 0.75 acres in size and has been developed and operated as a gas and service station since the early 1950s.The existing site contains a small market, office, automobile repair bays, and two fuel station canopies. One canopy is along San Luis Rey Avenue, and a larger canopy is along Highway 111. Primary vehicle access is provided from three driveways along Palm Desert Drive frontage road and two driveways along San Luis Rey Avenue. More than 30 parking stalls are provided at the site with additional vehicle parking provided at the adjoining Presidents Plaza to the south. Two existing pole signs advertising 76/TM" are present at the site and are shown at a height greater than 30 feet. B. General Plan and Zoning: Zoning Designation(s): • C-1: General Commercial General Plan Land Use Designation(s): • C-C: Community Commercial C. Adjacent Zoning and Land Use: North: C-1 — General CommercialNacant South: C-1 — General Commercial/Miscellaneous Commercial East: C-1 — General Commercial/former Elephant Bar Restaurant West: C-1 — General Commercial/Matsuri Japanese Restaurant Proiect Description The project includes the demolition of the existing building, site improvements, and the construction of a new 5,400-square-foot market and 3,900-square-foot fueling station canopy. The new market building is located along the western property line with the building entrance facing east. Sixteen (16)parking stalls are provided to the south and east of the market building. The market building is approximately 22 feet in height and contains a tower element shown at a height of 26 feet. The building reflects a Spanish vernacular and includes a smooth white finish with colored concrete band, arches, decorative windows, metal elements, and a red clay-tiled roof. G:\Planning\Eric Ceja\Case Files\PP\PP 16-180 Tower Energy\PC-Staff Report Tower Market.doc Staff Report Case No. PP/CUP 16-180 Tower Market Page 3 of 5 August 16, 2016 The 3,900-square-foot fueling island canopy is centrally located at the site and is oriented towards Highway 111. The canopy is shown at a height of 19.5'; and mimics the design of the market building. The design includes a pre-cast concrete soffit, smooth white finish, and decorative columns that include recesses, metal accents, and concrete tiles.The canopyalso includes space to accommodate signs to face Highway 111 and San Luis Rey Avenue. Analysis A. Site Plan & Building Design The market building complies with all development standards in the General Commercial zoning district, including setbacks and standards for maximum building height. The design of the building is similar to other architectural styles in the City of Palm Desert and is in line with the redevelopment goals of the conceived Highway 111 corridor and City Center plans.Additional architectural elements like the market's tower, arches, and building offsets help to accentuate the building design. The design of the fuel station canopy mimics the architectural style and elements on the market building. This helps establish the site as a single cohesive architectural style. The canopy structure meets all development standards for the zoning district and the embellishments added to the canopy contribute to the quality of its design. The new gas station and market building provide an updated site design that improves site conditions and aesthetics.The existing buildingswill be removed and a new market building will be built in its place.The development of the site will also include a perimeter block wall along the frontage road and San Luis Rey Avenue. The wall is shown at a height of four(4)feet and will have a smooth white finish with a cap to match the building and canopies architecture. The building design,massing,and architectural quality are in line with today's architectural standards for the City of Palm Desert. B. Land Use Compatibility The existing facilities have been in operation at this site since the 1950s, and include a gas station and vehicle repair facilities. Vehicle repair operations at this location have resulted in vehicle storage at the site and an unsightly condition visible along Highway 111. The uses associated with automotive repair and storage will no longer be part of the operations at the site. The zoning ordinance allows new automotive service stations, subject to approval of a Conditional Use Permit. Since the site has operated as an automotive service station prior to City incorporation and because the new site plan improves conditions at the site and eliminates vehicle repair operations, staff is supportive of continuing this type of use at this location. The two existing pole signs at the site will be removed. The pole signs are considered existing non-conforming structures by the City's sign ordinance. However, the sign ordinance requires the removal of non-conforming signs with the transfer of ownership. GAPlanning\Eric Ceja\Case Files\PP\PP 16-180 Tower Energy\PC-Staff Report Tower Market.doc Staff Report Case No. PP/CUP 16-180 Tower Market Page 4 of 5 August 16, 2016 C. Special Use Provisions Section 25.34.090 "Automotive Service Stations"provides specific site development standards for new service stations located in the City. Per the ordinance,service station shall be located along state highways and separated by at least 500 feet from another service station. The proposed Tower Market complies with this provision as it is located along Highway 111, and is located more than 700 feet from the nearest service station located at Highway 111 and Larkspur Lane. The ordinance also requires that service stations are located at sites of sufficient size and complywith all off-street parking requirements, setbacks,and limit noise impacts to surrounding properties. As described below, Tower Market is providing sufficient off-street parking and is improving the existing driveway conditions along Palm Desert Drive and San Luis ReyAvenue. The site is also sufficiently sized and all setbacks established in the General Commercial zoning district are met. In addition, staff is recommending conditions to limit the use of outdoor loudspeakers, bells, and buzzers. Lastly,the ordinance requires that service stations provide a minimum of 20% landscape at the site and install a three(3)-foot high wall along street frontages to aid in screening.Tower Market is providing a four(4)-foot high block wall along both street frontages to screen operations at the site. The design of the wall mimics the building and canopyarchitecture and includes a Mite stucco finish and a precast cap to match. The wall design and height complies with the ordinance.The applicant is providing landscape along the project perimeter and along the new market building.The new landscape equates to approximately 10%of the total site area and is well belowthe 20%requirement of the zoning ordinance.The current site provides less than 5% of the total landscaped area with small pockets provided along the street frontages. Existing site constraints include existing hardscape, driveway configuration, and underground fuel storage tanks that limit the area in which new landscape can be installed. The applicant has done a sufficient job screening the project with perimeter walls and installing landscape along the building and street perimeters.Since the existing condition is being improved,staff is supportive of the applicants attempt to meet the 20% landscape requirement and supports the 10% landscape provided at the site. D. Circulation The current configuration of the site includes three driveway entries along Palm Desert Drive and two entries along San Luis Rey. The applicant is proposing to consolidate these entries and allowfor one vehicle driveway entry on each street. This consolidation improves and simplifies vehicle movements in the area,and ensures safe and efficient movements in and out of the site. The consolidation also eliminates driveways that are currently located too close to the intersection of Highway 111 and San Luis Rey Avenue. E. Parking A total of 16 parking stalls are provided for the market and fueling station. Parking is predominately located along the eastern entrance to the market building,with three(3)parking stalls located to the south of the building and one located near the water and air compressor G:\Planning\Eric Ceja\Case Files\PP\PP 16-180 Tower Energy\PC-Staff Report Tower Market.doc Staff Report Case No. PP/CUP 16-180 Tower Market Page 5 of 5 August 16, 2016 along San Luis Rey Avenue. The Municipal Code requires three (3) parking spaces per 1,000 square feet of convenience store and the applicant has met the code requirement. Summary Staff supports the proposal to construct a new market building and fuel station canopy at this location.The use is consistentwith the historic use of the property. In addition, uses associated with automotive repair are eliminated by this proposal. The building's architecture and design are similar to other Tower Markets and have been updated to meet City of Palm Desert standards. The consolidation of driveway accesses from public streets will also improve circulation in the vicinity, and the perimeter block wall will adequately screen the property. Environmental Review The Director of Community Development has determined that the proposal to construct a new market building and fueling station canopy qualifies for an exemption under the California Environmental Quality Act(CEQA)as the site is substantially improved and is served by existing utilities. Staff is recommending that the Planning Commission adopt a Notice of Exemption forthe purposes of CEQA. Findings of Approval Findings can be made in support of the project, and in accordance with the City's Municipal Code. Findings in support of this project are contained in the Planning Commission Resolution attached to this staff report. Submitted By: Eric Ceja, Principal PI ner Department Head: AC-1 Ryan Stendell, Director of Community Development GAPlanning\Enc Ceja\Case Files\PP\PP 16-180 Tower Energy\PC-Staff Report Tower Market.doc PLANNING COMMISSION RESOLUTION NO. 2676 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING A REQUEST TO DEMOLISH AN EXISTING FUEL STATION AND CONSTRUCT A NEW 5,400-SQUARE-FOOT MARKET AND FUELING STATION CANOPY FOR TOWER MARKET LOCATED AT 73-801 HIGHWAY 111 CASE NO: PP/CUP 16-180 WHEREAS, the Planning Commission of the City of 1a1m Desert, California, did on the 16th day of August, 2016, hold a duly noticed public he44ing to„consider the request by Tower Energy, for approval of the above noted; and WHEREAS, the parcel is located in the �4� Ial Commercial (G=1) zoning district, which allows various types of commercial d lists "automobile service stations" as conditionally permitted uses; and WHEREAS, the proposed project confor # "'fib development standards and maximum building heights listed J the City Z t ng Ordinance for the General Commercial zoning district; and WHEREAS, the construction of tt' is proled tmthin th rtion of the community is consistent with the histon of the property surfing properties, in that a mix of commercial and auto7#! sex es exists h6 immediatvicinity; WHEREAS aid applicatidn have complied with the requirements of the "City of Palm Desert Procee for Imtetation ofhe California Environmental Quality Act," Resolution No 2015-75, tie Duff, fflmn nity Development has determined that the project will fc► yfaave a negative impact ont environment and qualifies as a Class 32 Categorical Exernptio'n for the purposes of CEQA; and iUHEREAS, at sal_ public rin upon hearing and considering all testimony and g, P g g Y arguments,_ if any, of IF,, intere`��ed persons desiring to be heard, said Planning Commission did make the following findings to justify the approval of said request: Findings for Approval: 1. That the proposed location of the conditional use is in accord with the objectives of this title and the purpose of the district in which the site is located. The purpose of the General Commercial (C-1) zoning district is to provide a principal core area where a series of specialty and general commercial shopping facilities serve the needs of a resort community and City residents. These specialized and general commercial facilities should offer a wide range of services that benefit the City and its residents, and as such, the zoning ordinance permit flexibility in land use decisions by providing a range of land uses to be considered through a Conditional Use Permit. The proposal to PLANNING COMMISSION RESOLUTION NO. 2676 develop an automotive service station at this location complies with the City's goals and the objective of the zoning ordinance. The project is less intense than the existing automotive service station and automotive repair facility, and the update to the site design is in accordance with the vision for the Highway 111 corridor. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. All- The proposed location and development of t4@Woject at this site will be monitored b an on-site manager. Maintenan-,', or complaints regarding Y 9 � P 9' 9 operations at the site can be addressee-site As designed, and as conditioned, the project will not be detra tal to the 0 c health, safety, or welfare, as the project is designed below fhe maximum he MR permitted by the zone, contains sufficient landsca� :Screening to limit , "a impacts on surrounding streets, and provides ad"uate off st �,et parking. In tjition, there is no automotive repair associated �h the bposal and nozrous impacts created by such a use will no longer be` ° 3. That the proposed condW664 use will cotn� with each of the applicable provisions of this title, except forpwed variances,or adjustments. The proposed,deva1,,o pment pl/e ►th provisions of P.D.M.C. Section 25.72.050 "Cvndrf�ona Use Perr'n""' yid Section' 5.34.090 'Automotive Service Stations" With the exception of spe0al project setbacks. Per Section 25.34.090, buildings,shall be setback 18 feet 6M interior property lines; however, the new market building is IQ�� ted. within 6o feet of the interior property line. An exception to this standard"!s warranted as it allows for a proper site design that � nlp es screening efficient andafe vehicular access, and is more in line with ►er Cener ! Plan update and vision for the Highway 111 corridor. By AA �approving al adjustM'Ont to this standard, the market building will be in-line with adjacent comtnercial `buildings and allows for a consistent building massing a/ong the Highw, 111 corridor. 4. T i the pro s J conditional use complies with the goals, objectives, and police "of the,,,7, s General Plan. The propose' evelopment complies with the goals and objectives of the City's General Plan and the Commercial Core Area Specific Plan, which advocates for the updating of existing buildings and landscape along the Highway 111 corridor. The architectural quality of the new building and canopy also set the tone for the types of massing and quality expected along this corridor. In addition, the continued use of a service station in addition to a market use provides a complementary mix of uses that meet the needs of local residents while eliminating noise and visual impacts from the existing automotive repair operations. 2 PLANNING COMMISSION RESOLUTION NO. 2676 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 Planning Commission in this case. 2. That the Planning Commission does hereby approve Precise Plan and Conditional Use Permit 16-180, subject to conditions attached. PASSED, APPROVED, AND ADOPTED by the Plannin mmission of the City of Palm Desert, California, at its regular meeting held on this 16' of August 2016, by the following vote, to wit: AYES: F � qY NOES: ABSENT: ABSTAIN: HN G . N WOOD, CHAIRPERSON ATTEST: All,011%hk R TENDELL, R Y P � DESERT PLA " .` . G ISSION 3 PLANNING COMMISSION RESOLUTION NO. 2676 CONDITIONS OF APPROVAL CASE NO. PP/CUP 16-180 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 said project shall commence within two years from the date of final approval unless an extension of time is granted; otherwise sa(dapproval shall become null, void, and of no effect whatsoever. 3. Any proposed changes to this Precise Plan will require ;fin amendment to the application, which will result in a new public hearing. 4. Amplified equipment or exterior speakers are r©hibited for use at th(site. 5. Building mounted lighting fixtures shall Conform to-,, the City's O64d6or Lighting Ordinance. 6. Final landscape plans shall be submitted to the ;City's Department of Community Development and the Coachella ale Water Dii� for review and approval. The landscape plan shall conform to the, pretim�nary IandSPp, plans prepared as part of this application, and shall include dense plantings ofl��`edges and trees along the southern and western,property boundaries \ 7. The existing pole stgiis shaWl 4" removed from the site during demolition of the existing site im prove mertt(`s' 8. The applicant shahWO to the City's Department of Community Developmeht for any b %� g mounted tir: onument signs associated with the project. AN Department of Public Works: 9. Th Maio icant shall sui r»it a grading plan to the Department of Public Works for review and approval. Any changes to the approved civil or landscape plans must be reviewed for approveh prior to work Commencing. 10.The grading 04 ,�identify all proposed and existing utilities. 11.The applicant shall submit a PM10 application for approval. The applicant shall comply with all provisions of Palm Desert Municipal Code Section 24.12 regarding Fugitive Dust Control. 12.The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 13.The applicant shall submit a final Water Quality Management Plan (WQMP) for approval. The WQMP shall identify the Best Management Practices (BMPs) that will be 4 PLANNING COMMISSION RESOLUTION NO. 2676 used on the site to control predictable pollutant runoff. Prior to the issuance of a grading permit, the Operation and Maintenance Section of the approved final WQMP shall be recorded with the County's Recorder Office and a conformed copy shall be provided to the Public Works Department. 14.The applicant shall pay the appropriate signalization fee in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55 and drainage fee in accordance with Section 26.49 of Palm Desert Municipal Code and Palm Desert Ordinance Number 653. 15.The applicant shall enter into an agreement and post secq#Y ,in a form and amount acceptable to the City Engineer, guaranteeing the constructidn f off-site improvements. Department of Building_and Safety: 16.This project shall comply with the latest adopted edition of the f ng codes: A. 2013 California Building Code and its appendices and standart � B. 2013 California Plumbing Code a ,append ices,and standards C. 2013 California Mechanical Code and appendjot and standards D. 2013 California Electrical Code. E. 2013 California Energy Cod F. 2013 California Green Buildg Standards Code>: G. Title 24, California Code of"Regulations H. 2013 California Fire Code and Its apperdtes and'standards. 17.An approved automats+ fire Sprinkler stem i,,shall 6efiitalled as required per the City of Palm Desert Code Adoption=Ordinance '1265. v 18.A disabled acces �t�verlay of��e precise gd�ng plan is required to be submitted to the Department of Building andt ,ftr plan iiv iew of the site accessibility requirements as per Qa;��CBC Chap,pr$41 A & S a p ilicable) and Chapter 10. 19.A[1 eAts must prid an ecessible path of travel to the public way. (CBC 1027.5 & 1'1 206) 20.Detectable warnings s 11 be provided where required per CBC 11 B-705.1.2.5 and 11 B-705 't 2. The dess�er is also required to meet all ADA requirements. Where an ADA requir sent is R r restrictive than the State of California, the ADA requirement shall supers4d"' requirement. 21.Provide an accessible path of travel to the trash enclosure. The trash enclosure is required to be accessible. Please obtain a detail from the Department of Building and Safety. 22.AI1 contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 5 PLANNING COMMISSION RESOLUTION NO. 2676 23.All contractors and/or owner-builders must submit a valid Certificate of Workers' Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 24.Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert Municipal Code 15.28. Compliance with Ordinance 1265 regarding street address location, dimension, stroke of line, distance from the street, height from grade, height from the street, etc. shall be shown on all architectural building elevations in detail. Any possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons that may render the building address unreadable shall be addressed during the plan review process. You may request a copy of Ordinance 1265 cr'Municipal Code Section 15.28 from the Department of Building and Safety countei'staff. 25.Please contact Cherie Williams, Building Permit Spstialists at the Department of Building and Safety (760-776-6420) regarding addressing oall buildings and/or suites. Fire Department: I 26.The project may have a cumulative adverse irrtoa ,oncthe Fire Department's ability to provide an acceptable level of sere. These ima include an increased number of emergency and public service calls dice to the increased presence of structures, traffic, and population. The project prop6hentsflevelopers wij ,e expected to provide for a ro ortional miti ation to these im a via cd � trn ro- ents and/or impact fees. P P 9 P Ai P P H k . 27.Fire Department emergen `vehicle app ....t'us access road locations and design shall be in accordance h the C ornia Fire Code, City of Palm Desert Municipal Code, and Riverside Co linty Fire Dgortment Standards. Plans must be submitted to the Fire Department for review and pp l prior tovbu ilding permit issuance. 28.Fire C ear rr� nt wate> system(s) for ire,,` rotection shall be in accordance with the Calif€-rn1a' Fire Cbde, Ci of Palm Desert Municipal Code, and Riverside County Fire Department Stanrds. Plab*must be submitted to the Fire Department for review and appeal prior to building pe suance. 6 i MtTl n If 73-sto FRLI)WARM;DRIVE 1?ALn4 DESERT,CALIFORNIA()2260-2578 TLL:76o 346—o6rr FAN:76o 341-7098 -des m-g CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP/CUP 16-180 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMISSION TO CONSIDER A REQUEST BY TOWER ENERGY TO DEMOLISH AN EXISTING GAS STATION AND CONSTRUCT A NEW 5,400-SQUARE-FOOT MARKET AND FUELING STATION CANOPY FOR TOWER MARKET LOCATED AT 73-801 HIGHWAY 111 The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), has determined that this project is Categorically Exempt from CEQA review under Class 32— 15332 In-Fill Development Projects as this project is consistent with the City's General Plan and zoning regulations, the project site is less than five (5) acres in size and is surrounded by urban uses, the project site has no value as habitat, existing utilities serve the project site and are available, and approval of the project will not result in significant impacts to traffic, noise, air quality or water quality. Project Location/Description: Project Location: 73-801 Highway 111 Protect Description: A Precise Plan and Conditional Use Permit applications have been submitted for the demolition of the existing building and site improvements and the construction of a new 5,400-square-foot market and 3,900-square-foot fueling station canopy. The new market building is located along the western property line with the building entrance facing east. Sixteen(16)parking stalls are provided to the south and east of the market building. The market building is approximately 22 feet in height and contains a tower element shown at a height of 26 feet. The 3,900-square-foot fueling island canopy is centrally located at the site and is oriented towards Highway 111. The canopy is shown at a height of 19.5 feet; and mimics the design of the market building. Recommendation: Staff is recommending approval for the market and fueling station, subject to conditions. Public Hearing:The public hearing will be held before the Planning Commission on August 16, 2016, at 6:00 pm. Comment Period: Based on the time limits defined by CEQA, your response should be sent at the earliest possible date. The public comment period on this project is from August 6, 2016 to August 16, 2016. Public Review: The Precise Plan and Conditional Use Permit applications and related documents are available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Planning Commission hearing. All comments and any questions should be directed to: Eric Ceja, Principal Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760)346-0611 eceja@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary August 6, 2016 Palm Desert Planning Commission NOTICE OF EXEMPTION ! TO: FROM: City of Palm Desert ❑ Office of Planning and Research 73-510 Fred Waring Drive Palm P. O.Box 3044,Room 113 Desert,CA 92260 Sacramento,CA 95812-3044 ® Clerk of the Board of Supervisors 2724 Gateway Dr,Riverside, or CA 92507 County Clerk County of: Riverside 1. Project Title: Tower Market 2. Project Applicant: Mark Vasey—Tower Energy 3. Project Location—Identify street address and 73-801 Highway 111 cross streets or attacha map showing project site (preferably a USGS 15' or 7 1/2' topographical I map identified by quadrangle name): I 4. (a)Project Location—City:Palm Desert (b) Project Location—County: Riverside 5. Description of nature,purpose, and beneficiaries The applicant requests to demolish an existing fueling of Project: station,automotive repair facility and associated improvements,and construct a new market and fueling island canopy. In addition,the applicant will consolidate driveway access into the site and provide new perimeter improvements, including screen walls and landscape. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the Mark Vasey—Tower Energy project, including any person undertaking an activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease,permit,license,certificate,or other entitlement of use from the Public Agency as part of the activity: 8. Exempt status: (check one) (a) ❑ Ministerial project. (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines§ 15268) I (b) ❑ Not a project. (c) ❑ Emergency Project. (Pub. Res. Code §21080(b)(4); State CEQA Guidelines§ 15269(b),(c)) (d) ® Categorical Exemption. Class 32"In-fill Development Project"a—d State type and section number: 15332 (e) ❑ Declared Emergency. (Pub. Res. Code §21080(b)(3); State CEQA Guidelines§ 15269(a)) (f) ❑ Statutory Exemption. State Code section number: (g) ❑ Other. Explanation: 9. Reason why project was exempt: Project is consistent with the City's general plan and applicable zoning regulations. The site has previously been Notice of Exemption FORM`B" 'low y 0 f - ` L ti �l 7 3-5 1 o FRED WARING DRIVE PALM DESERT, CALIFORNIA 92 2 60-2 5 7 8 TEL: 760 346—o6 i i info@cityofpalmdesert.org July 28, 2016 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO: PP 16-180 APPLICANT AND ADDRESS: TOWER ENERGY, 1983 W. 190" Street, Torrance, CA 90504 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration of preliminary approval to demolish the existing 76 gas station and replace with a new fuel island canopy, and market building; Tower Energy. LOCATION: 73801 Highway 111 ZONE: C-1, S.P. Upon reviewing the plans and presentations submitted by staff, and by the applicant, the Architectural Review Commission granted preliminary approval subject to submittal of details for the gutters and electrical service panel on the final drawings. Date of Action: July 26, 2016 Vote: Motion carried 8-0 (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: 1) a Planning Commission hearing is necessary prior to commencement of demolition and/or construction; and 2) it is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. 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