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HomeMy WebLinkAbout2017-01-17 PC Regular Meeting Agenda Packet CITY OF PALM DESERT REGULAR MEETING OF THE PALM DESERT PLANNING COMMISSION AGENDA TUESDAY, JANUARY 17, 2017 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER II. 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 REGULAR MEETING OF THE PALM DESERT PLANNING COMMISSION JANUARY 17, 2017 A. MINUTES of the Regular Planning Commission meeting of December 20, 2016. Rec: Approve as presented. Action: B. REQUEST FOR CONSIDERATION to approve a Parcel Map Waiver application to merge parcels at 113 Kovenish Court. Case No. PMW 16-371 (PAR Development, Palm Desert, California, Applicant). Rec: By Minute Motion, approve Case No. PMW 16-371. Action: VII. CONSENT ITEMS HELD OVER Vill. NEW BUSINESS I A. SELECTION of a Chair and Vice Chair for 2017. Rec: Nominate and elect positions. Action: 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 to approve a Precise Plan to demolish an existing restaurant and construct a new 4,875-square-foot building for JARED Jewelers at 72-950 Highway 111, and approval of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. PP 16-147 (JARED The Galleria of Jewelry, Akron, Ohio, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2687, approving Case No. PP 16-147. Action: 2 GAPlanningWonica OReilly\Planning Comm ission\2017Wgenda\1-17-17 agn.docx AGENDA REGULAR MEETING OF THE PALM DESERT PLANNING COMMISSION JANUARY 17, 2017 B. REQUEST FOR CONSIDERATION to approve PP/CUP 16-194 to demolish an existing retail building (formerly Don Vincent) and construct a new 13,526- square-foot three-story mixed-use retail/residential building located at 73-690 El Paseo, and approval of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. PP/CUP 16-194 (Miguel Ruiz, Bermuda Dunes, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2688, approving Case No. PP/CUP 16-194. M Action: X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES B. PARKS & RECREATION 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 131h day of January, 2017. Monica O'Reilly, Recording Se tary 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 Commission\2017\Hgenda\1-17-17 agn.docx CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES - TUESDAY, DECEMBER 20, 2016 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM * SERT, CA 92260 I. CALL TO ORDER Chair John Greenwood called the meeting. der at 6:00 II. ROLL CALL Present: Commissioner Ron Grego VC Commissioner Joseph Pra Vice Chair Nancy DeLuna Chair John Greenwood sh Staff Present r � {fir Jill Trembly .ity Attorn Ryan Stende ect nity elopment Eric Prince tier ss a Planner As,y, ica O'R ' drative Secretary III. DGE OF AL IAN Cha, enwood I -the Pledge of Allegiance. IV. SUMMA ,. NCIL ACTION Mr. Ryan Stendell, Director of Community Development, summarized pertinent December 8, 2016, City Council actions. He also read a letter from Kathleen Kelly resigning from the Planning Commission due to her recent election to the Palm Desert City Council. V. ORAL COMMUNICATIONS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 20, 2016 VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of October 19, 2016. Rec: By Minute Motion, approve as presented. An amendment to the minutes was proposed by Vice Chair DeLuna to have the second sentence in paragraph four of page 15 rewritten to be clearer. Mr. Stendell replied that staff would listen to t cording and have the paragraph rewritten. Upon a motion by Commissioner Pradetto, se by , ir Greenwood, and a 4-0 vote of the Planning Commission, the C, nt Calersvas approved as amended. (AYES: DeLuna, Greenwood, Gregor, Pradetto; N �None). VII. CONSENT ITEMS HELD OVER , None VIII. NEW BUSINESS None IX. PUBLIC HEA ., rt� . 4 A. REQU OR CO ERATI of a variance request to reduce the front yard set ' * : from 20) f to eight (8) feet to accommodate an existing ca` ��� � A omera Road. Case No. VAR 16-305 De udeau, Pal esert, California, Applicants). } , r. Eric Cetd; � in fanner, presented the staff report (staff report is ilable at w = t of esert.or He explained that the City's variance _ ofo .org ions provide . Planning Commission the authority to approve a variance sub t to four se p to findings, which staff is unable to make those findings. There staff r mmended denial of the variance request. He offered to answer u S. Vice Chair Duna asked if the current owner was aware that the casita was a non-permitted building when he purchased the property. Mr. Ceja replied that he believed so. He noted that staff sent a letter to the lender to inform them that the casita was non-permitted. Vice Chair DeLuna clarified that the casita structure does not contain any special circumstances that would warrant a variance. 2 GAPlanningWonica OReilly\Planning Commission\2016\Minutes\12-20-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 20, 2016 Mr. Ceja replied that is correct. Chair Greenwood pointed to the aerial image, and asked if the eight feet is measured from the property line. Is the black line shown on the aerial image the property line? Mr. Ceja pointed to the property line. He stated that when staff took the measurements, the casita is eight feet from the property line. Commissioner Joseph Pradetto directed his question. gal counsel. He asked if a variance request must meet all four findings or ; meet one, two, or three of the findings. He also asked if the Planning Co :,r could adopt a variance without meeting all of the four findings. Ms. Jill Tremblay, City Attorney, said tha �rding to the ,J ,ipal code that is found in Chapter 25, Section 72.070 V ces, the Planning Cam' ` =>ission makes findings of fact that establish tha° circums ces prescri in all four paragraphs do apply. Commissioner Pradetto s that staff`,h determined that the variance request does not meet any r He i rested to hear the applicant's interpretation of how the varia Or , e crite Chair Greenwood decl be publrt �ie �z` n invited public testimony FAVORING or OPP mer. ` MR. JOH . UDEAU, �n Dese California, noted that his wife is at home, but his attor , as t,, d wok Iso address the Planning Commission. Mr. Trudeau to do the right thing for his property, f 1 alm ert during entire process. When he purchased the erty in , he S aware that the casita was non-permitted and it is in all e paperwor wev t that time, his family and the lenders were not aware t the casita uilt I' -location that was not in compliance. He stated that s not direc' by the city to bring the casita into compliance when the pro , closed es or any time after the closing. He also stated that he was not g a stip� �� on by his mortgage company to bring the casita into complia 'deau was told that if he planned to finish the structure, he would have through the necessary steps because it was not permitted, which was w he intended to do. In February 2015, he received a notice from the Code Department that there was a complaint for a non-permitted structure. He noted that he received the notice five years after he bought the property, and said he has done everything the city has asked him to do. He met with the previous City Manager, John Wohlmuth, and City staff to request that the city permit the structure. He was advised to seek legal counsel. Subsequently, he applied for a variance to modify the setbacks. He said his other options are to 1) tear the structure down, move the slab, and rebuild the structure; or 2) adding 3 G:\Planning\Monica OReilly\Planning Comm ission\2016\Minutes\12-20-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 20, 2016 more slab, physically lifting the structure, and then moving it over. He expressed that he bought the property knowing that it had the casita and the casita made the property very valuable to him. He voiced if the structure cannot stay in its current location, it would cost him $40,000 to $70,000 to move or to reconstruct the casita. If he has to move it, he would need to request more to time to find a financial solution. He offered to answer any questions. Vice Chair DeLuna asked the applicant if he investigated what it would cost to relocate the building. She noted it might be less expen X than demolishing the structure. MR. TRUDEAU responded that the estimate to r structure and add new footings would cost $20,000 to $30,000. The ate not include building plans, a site survey, and permit fees. To k e structur its current location, and bring the structure up to code w � cost approxiri �� $12,000. The estimate to demolish and reconstruct ructure would cost o 50,000. Vice Chair DeLuna commented that it d co 11000 to bring tie structure up to code. She said that the applicant = ,000 to the cost of relocating the structure. She asked if could be p f the same expense. She noted that the applicant would ha`'` ' I d $12,0, yway, so whatever he would l�y spend to relocate the struc ot haV.' be duplicated by entirely rebuilding the casita. ': F. MR. TRUDEA,,: ' hat th 00 wo include the cost for new architectural� wings, ite su . and the cost to bring electrical and plumbing code. Hey uld still to spend $12,000 whether the casita is kept in the s rlocati I Vi;. j > Lun' ed staff if t ructure is given a variance, does that set a edent. � Ceja com :c ate c� s' -t Mr. Trudeau has been very cooperative and sional workr` ,,�with ity staff. He stated that staff felt if the variance is app.' ', d, it would a precedent. There are two situations that could occur: 1) it wo ' ` : ake it �� ° r for other people to build something without permits and come bto,. City for forgiveness instead of permission; and 2) staff occasional work that is not permitted, approving the variance would make it more difficu o get properties into compliance. Commissioner Ron Gregory voiced his concern with one of the elements that seemed to mitigate the setback violation, which is the ficus hedge. He looked at the property and commented that the neighborhood has a quality, a quality based very much on the setbacks. He said the applicant's property does not have a front yard; it is all a ficus hedge. The ficus hedge screens the applicant's casita and the house; however, it is in a neighborhood where it is the only house with a 4 GAPlanning\Monioa OReilly\Planning Commission\2016\Minutes\12-20-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 20, 2016 ficus hedge along the setback. He felt that the ficus hedge mitigates the casita, but it is not a viable solution with respect to the neighborhood quality that he is looking for. MS. MONICA AMBOSS, applicant's legal counsel, Palm Desert, California, said it was her understanding that a variance requirement did not have to meet all four of the various criteria when the configuration of the lot dictates that the zoning regulations can simply be relaxed a little to accommodate requests for a variance, such as setbacks. She expressed that to co n, with the zoning laws would create an undue hardship for the applicant. S ed that in March 2015 everyone learned that the casita was not in c nce, and in 2005, the previous owner had a front yard setback reduc ved from 20 feet to 15 feet. Ms. Amboss also noted that she is not s _ f a� y has been done on where else the casita could be relocated. . Commissioner Gregory interjected t e property appears . ave a lot of room to relocate the casita on the pro- y, if it has be moved. Vice Chair DeLuna inquired if the lot is ha re. ,1 MS. AMBOSS replied that I- Howe v e property has a substantial pool and a large house. She - r' to" _ e cas ith the ficus trees does not change the character of the nei orho use see the casita. Commissioner mmen is not casita, but the hedge that changes the$ ` ' borho He rem ed that there are feelings the City has tried to create neighbor ds, with ne of the feelings in this particular neighborhoo' ��n op k for t ..ome. S re to the City ncil meeting minutes of March 2015. She " it see r. Bagato's (previous Principal Planner), position was the plicant cou ". Iy variance; however, the City would probably require " applicant to > olis casita. She hoped she misread the minutes. She the Plannin ommission if they understood that staff does have to check off e boxes, a'" if it doesn't comply make the recommendation to not grant the va e. Ho r, the Planning Commission does have a little bit of leeway. She regd variance is not approved as applied for, could it be modified so that it r of create a financial hardship to the homeowner or have to demolish the ucture. Vice Chair DeLuna asked Ms. Amboss what she would recommend. MS. AMBOSS responded to give the homeowner additional time to alternatives there are available, but said she did not have an exact answer. She stated that the homeowner was told to apply for a variance. 5 G:\Planning\Monica OReilly\Planning Commission\2016\Minutes\12-20-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 20, 2016 Vice Chair DeLuna questioned if the homeowner was aware that it might be an uphill battle. MS. AMBOSS replied absolutely. MR. TRUDEAU stated that he appreciated Commissioner Gregory's comments about the ficus trees. He mentioned that he grew up near the woods so he was attracted to this house because of the ficus trees. When he first bought the house, the ficus trees were in bad condition and paid a of money to get them in the condition they are today. His intention now is t trimming them down. On a different note, Mr. Trudeau said title insuran, now difficult to deal with, and the escrow company that processed the a house destroyed his files. So going back to find any documents thF an rt any type of claim would be difficult since it is no longer a res o him. Commissioner Pradetto asked the ap what is his level o fidence that a new grand solution would surface a ve the pr m. .r MR. TRUDEAU responded that his co s very high because he's an optimist. He is ultimately go' find a sold hat would allow him to move the structure. He was told that t s were xceptionally solid. Therefore, an additional seven to 10 fe oward pool seems to be a viable option. However, it is time an eran eds raise the money to move the structure. He . that he is . E 'i tructure into compliance, but he has a 17-ye . ing to soon to nk about. Vice Chai Luna clan d that t ,applicant is leaning in the direction of relocating th 'sting r M. U r that is wha would try to do if the City did not allow the 4 'ture t its ent location. He noted that in December 2005 when the evious own eiv proval of the five-foot setback, the structure was fully -jit and 15 feet the . At that point, the previous owner was bankrupt. i^fir With no fu ' r testimony -,: � red, Chair Greenwood declared the public hearing closed. Vice Ch' e entioned she drove by the property. She said you can see just the cre a roofline above the living hedge. If there is a circumstance that the hedge be Ames blighted or dies, is it correct there would be a structure sitting functionally right on the street. Commissioner Gregory replied that is correct. Vice Chair DeLuna commented that there is no guarantee the ficus trees would last in perpetuity; however, the structure would. She voiced her concern on relying upon the permanence of a living fence (ficus trees) to screen the setback. 6 G\Planning\Monica OReilly\Planning Commission\2016\Minutes\12-20-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 20, 2016 She is encouraged that the applicant is moving in the direction of relocating the structure. She stated that the City has policies that are in place for the greater good of the greater number, and they have to keep that in perspective when they have to deal with these individual cases. Commissioner Gregory commented that he has been practicing landscape architecture in the Coachella Valley for approximately 40 years. Throughout the years he has come upon situations like Mr. Trudeau's and they have moved buildings. He stated it could be done; it is just a matt . ..of cost. If a schedule could be worked out that is very restrictive and the ent does not meet the terms of the schedule, the building must go. � ' Vice Chair DeLuna asked Commissioner Gre �'�� �if he ,aying to relocate the building. " Commissioner Gregory replied that t `uilding has to be r meted to set a precedent. If not, other people would to get a with havin� tructure in the front yard setback. Chair Greenwood asked th Attorney t ` g. e clear that the issue in front of the Planning Commission is a varian terms of a setback. Are they able to add a condition to s r me, or they strictly looking at the variance? Ms. Tremblay hat the ' '`ng Co m ssion needs to look strictly at 00 A the variance 4 Commission adett a vast e could be approved with an expiration date. ten we o. He said there was already an adjustment issued in 0� 05 for a five , re n. Staff is unable to make the findings to approve the r t iance. He sta .that lanning Commission needs to look in terms of the ce only. If th irection of the Commission is to set a time frame, staff could set ime frame inistratively. Vice Ch e moved to deny the variance; however, she would like to condition t ;g ' yial based on a time frame. She asked staff if the motion is appropriate. Mr. Stendell replied yes. He made clear that staff presented a Planning Commission resolution, and asked how much time the Commission is willing to entertain. He also made clear that it is not a condition of the resolution. 7 G\Planning\Monica OReilly\Planning Commission\2016\Minutes\12-20-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 20, 2016 Commissioner Pradetto inquired if the Commission could say they do not like what was presented, and ask staff to come back with a new resolution specifying the Planning Commission's request. Mr. Stendell replied that it would be difficult because the Planning Commission would be telling staff to make findings that staff believes could not be made. In addition, staff cannot condition a variance. Chair Greenwood asked if the variance is denied by th Planning Commission, can it be appealed to the City Council. Mr. Stendell replied absolutely. Vice Chair DeLuna amended her motiop, approve '� ning Commission Resolution No. 2685, denying Case No. VAR 5. Motion wa conded by Chair Greenwood. f Prior to the vote, Commissioner Prade mm that the way looks at it, he does not see the hedges moving. The e one that dies; however, the applicant would replace it aid that m the building seven feet is not going to change the world " not aff yone. He stated there is no reasonable gain to be made b u i I d ii ' ven feet. It was noted that ilding n s t feet to be in compliance not seven feet. Commissi .. Pradetto tinued t K. a does not see anyone benefitting, the applicant los''{5 anci a nei - ors do not notice the difference. He felt the ordinance i ommissioner, he is going to make that d on ' inrn. He wouf voting no. air Green ap ted Commissioner Pradetto's comments. In some ects he agre s a ning Commissioner, they are specifically looking at ct and findi and a language within the municipal code. He felt this cas ,: uld be ap., :, led to the City Council and the Council could make that distinc , v, Chair Gree.; .;` ; called for the vote and the motion carried by a 3-1 vote. (AYES: DeLuna, Gre` nwood, and Gregory; NOES: Pradetto). Vice Chair DeLuna stated it was not an easy decision to make. 8 G\Planning\Monica OReilly\Planning Commission\2016\Minutes\12-20-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 20, 2016 B. REQUEST FOR CONSIDERATION to approve Conditional Use Permit 16- 310 for a new 5,100-square-foot lounge/bar located at 73-750 El Paseo, and approval of a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. CUP 16-310 (Barbeau, LLC., 73-750 El Paseo, Suite 101, Palm Desert, California, Applicant). Chair Greenwood stated that he is an employee of Prest Vuksic Architects, the architect for the above-mentioned project; therefore, he recused himself. Mr. Kevin Swartz, Associate Planner, outlined the sali oints in the staff report (staff report is available at www.cit of almdes Staff recommended approval and offered to answer any questions. Vice Chair DeLuna asked how many mere,, ` s does the t'licant anticipate to have when both phases are completed. Mr. Swartz deferred the question to t applicant. ' Vice Chair DeLuna declared the public hear and invited public testimony FAVORING or OPPOSING this m MR. HARRY KNAPP, Newb ° ' liforni ted that there is a limited amount of upscale venues on aseo oke' to an upscale venue for a year. The feedb ey rece e hing more high-end was needed on El entio has be member of Soho House for the past 20 They igned odel in the spirit of Soho House, and they want the a private ed on t anvassing of the potential client in the desert. He s ey d a nig` dub or a bar. They want to have a venue that is elegan ,Y ollywood to the desert. He noted that B me �� ,. r his son w' an actor. He said they did not receive a tive c ' 1: nt anyone, and people are saying this venue is very much All '. eded. The se building because it could accommodate a rooftop Inge. He sai y co xpand into the overall vision of the building and cp the proje . n pha es. In regard to the number of memberships, Mr. Kn aid they e 100 founding members. The venue would require an excess 100 me a rs, but it is something that they would monitor because the current it 00 people. He does not have a definitive number, but they would scat mber of memberships as they can take care of the business. Vice Chair DeLuna asked if there would be live music. MR. KNAPP replied yes. They would have music on a nightly basis. He said they are going to bring different eclectic music throughout the week. Vice Chair DeLuna inquired if there would be music on the rooftop. 9 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\12-20-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 20, 2016 MR. KNAPP replied no. Vice Chair DeLuna asked if there would be dancing. MR. KNAPP responded that there is not a dance floor, but believed some dancing could break out. With no more questions, the applicant thanked the Commission. With no further testimony offered, Vice Chair DeLuna decl d the public hearing closed. Commissioner Pradetto commented that the p h_ a great concept and it meshes in with the neighborhood. He said th he h and concerns and a demand for more activities during the night '4 hours. H'' fed his support for the bar/lounge. Commissioner Gregory agreed with missioner detto's coasts. Commissioner Pradetto moved, by Minut . . , o approve Case No. CUP 16- 310 and adopt Planning Commi No. 2686; '; 'ect to conditions. Motion was seconded by Commission Gregory A' ed by a ote (AYES: DeLuna, Gregory, and Pradetto; NOES: None; ABSEN r d). Vice Chair DeL nked t p I ing to Palm Desert to do business. 31 X. MISCELL OUS „ None10r , XL ild'M k EE UPDATES ART IN PUB LA � r No B. PAR CATION None XII. COMMENTS None 10 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\12-20-16.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 20, 2016 XIII. ADJOURNMENT With the Planning Commission concurrence, Chair Greenwood adjourned the meeting at 7:04 p.m. JOHN GREENWOOD,,CHAIRPERSON ATTEST: E RYAN STENDELL, SECRETARY ff PALM DESERT PLANNING COMMISSION � N 01 T 'zit' MONICA O'REILLY, RECORDING 1 iW r r ,x x A 11 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\12-20-16.docx CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM To: RYAN STENDELL, DIRECTOR OF COMMUNITY DEVELOPMENT From: BO CHEN, CITY ENGINEER Date: January 10, 2017 Subject: PARCEL MAP WAIVER NO. 16-371 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 16-371: Applicant: Par Development, Attn: Richard Pruter P.O. Box 1455 Palm Desert, CA 92261 Property Owner: Robert Lee Pike, Jr. P.O. Box 8250 Birmingham, AL 35218 4 BO CHEN, P.E. CITY ENGINEER City of Palm Desert (Department of Community Development MAP'PARCEL MAP WAIVER 73-510 Fred Waring Drive • Palm Desert• California a 92260 a (760) 346-0611 • Fax(760)776-6417 Applicant: -7 y C Te lephone: 'c Fax number: 9 Address: 6,Mailin r City: t-��L f zip: Email: T-�I - h/ i'4 Properly Owner: Telephone: z, Mailing Address: Fax number. City: i'l lit i State: i—vL, Zip Email'� Representative: Telephone: Mailing Address: Fax number: r-1 City: —State:—Zip:_Email: Please send correspondence to (check one): Applicant Property Owner Representative SIGN ess(s): & DATE rcelNumber(s): l=xising Zoning: General Plan Designation: s qu& t(describe specific nature of approval request): Pry mer Authorization: The undersigned states that they are the owner(s) of the property descr�.beci and he authorization for the filing of the a app tion. SIGI 8 i'g n at 11 --c_ Print Name Date & -DAT Applicant I Representativer-SignatuV: By signing this application I certify that the information, provided is under stand U City might not ap 'Ove what I am applying for andicr might require conditions of approva:. 2- Signature Print Name D2te Proj�erty\Orwner Authorization: Agreement absolving the City of Palm Desert of all liabilities relate to any re Cons- I DO BY MY SIGNATURE ON THfS AGREEMENT absolves the City of Palm Desert of all FL,­= r. \ �'i" I eg�riq,\Qg ny deed restrictions that may be applicableto'the property desc-Ped herein. Prim Na--Me Date OFFICE USE ONLY PROJECT NO: PMW DATE: ACCEPTED BY: EXHIBIT"A" LEGAL DESCRIPTION PARCEL MAP WAIVER 16-371 (PARCEL MERGER) PARCEL A(PARCEL 1 AND PARCEL 2, PMW 91-01) That certain parcel of land located in the City of Palm Desert, County of Riverside,State of California, being all of Lot 17 and Lot 18 together with those portions of Lots 19 and Lot 45 of Tract No. 25161, as shown by a map on file in Book 226, Pages 17 through 30 inclusive of Maps, Records of said County of Riverside, more particularly described as follows: BEGINNING at the northeast corner of said Lot 18, said northeast corner being on a non-tangent curve, concave easterly, having a radius of 2483.00 feet, a radial line bears North 74°46'30" West to said point; Thence southerly along said curve and the easterly line of said Lots 18 and 17 through a central angle of 08°51'19" an arc distance of 383.76 feet to the southeast corner of said Lot 17; Thence along the southerly line of said Lot 17 South 89'55'23"West a distance of 135.41 feet to the southwest corner of said Lot 17; Thence along the westerly line of said Lot 17 North 36'07'10" West a distance of 260.09 feet to an angle point in the westerly line of said Lot 17; Thence continuing along the westerly line of said Lot 17 North 44°02'42" East a distance of 38.93 feet to a point on a non-tangent curve, concave northeasterly, having a radius of 318.00 feet, a radial line bears North 32'50'30" East from said point, said point being on the southwesterly right-of-way line of Kovenish Court as shown on said Tract No. 25161; Thence southeasterly along said curve through a central angle of 03'36'12" an arc distance of 20.00 feet to a point of reverse curvature with a curve concave southwesterly, having a radius of 100.00 feet, a radial line of said curve bears North 29°14'18" West to said point; Thence continuing along the southwesterly right-of-way line of Kovenish Court and along said curve southeasterly through a central angle of 31'35'40" an arc distance of 55.14 feet to a point of reverse curvature with a curve concave northwesterly, having a radius of 51.00 feet, a radial line of said curve bears North 60°49'58" East from said point; Thence continuing along said right-of-way line of Kovenish Court, and easterly along said curve through a central angle of 141°08'55" an arc distance of 125.64 feet to the southwest corner of said Lot 18; Thence continuing along said right-of-way line of Kovenish Court and northerly along said curve through a central angle of 48°26'28"an arc distance of 43.12 feet to the southeast corner of said Lot 19; Thence continuing along said right-of-way line of Kovenish Court and northwesterly along said curve through a central angle of 08°17'53" an arc distance of 7.39 feet; Thence non-tangent from said curve North 59°41'41" East a distance of 50.08 feet to an angle point in the westerly line of said Lot 18; Thence along said westerly line and its northerly prolongation North 14'28'54" East a distance of 140.73 feet; Thence South 73'14'06" East a distance of 125.50 feet to the POINT OF BEGINNING. CONTAINING: 70,245 Square Feet(1.61 Acres), more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of record. Graphically depicted on 'EXHIBIT"B"—PLAT',attached hereto and by this reference made a part hereof. This legal description was prepared by me or under my direction. 0�N LA DAN�F CO /�/,za10 Benjamin Daniel Egan, PLS 8756 a NO 8756 Prepared: January 3, 2017 �lgrF OF C A�\�o�� ET EASEMENT NOTES.- EXH I BIT B" 60 30 0 SHE 60 1 OF 1 EASEMENTS FOR 25161 AS UTILITIES DEDICATED N PMW 16-371 SCALE: IA4 ON TRACT A MAP 1 "=60 ' FILE IN BOOK 226, PAGES 17 THROUGH 30 OF MAPS. EASEl&ff TO SOUTHERN CALIFORNIA EDISON FOR ELECTRICAL (N�3°14'06 PARCEL 7 "W DISTRIBUTION FACILITIES RECORDED 11/27/1990 AS INST. 430965. -� PMW 91-01 A9 EASENDff TO GTE TELEPHONE FOR UTILITY PURPOSES RECORDED �'50, 45 12/6/1990 AS INST. 443008. / P.O.B. o OT LINE PER EASEMENT TO SOUTHERN CALIFORNIA EDISON FOR PUBLIC UTILITIES a IARECORDED 12/29/1993 AS INST. 519870. TRACT NO. 25161 p ENCROACHIOU PERMIT WITHIN A LOCATION BELIEVED TO CONTAIN A .-�W / 18 14 CVWD WATER DISTRIBUTION FACILITY, RECORDED 8/4/1994 AS 19 .� PARCEL 2 INST. 307029. (MAPPED PER CVWD DRAWING 17424, THE MAPPED PARCEL 3 N PMW 91-01 AREA MAY NOT REPRESENT THE FULL EXTENT OF THE ITEM) PMW 91-01 � \\ (N59041 '41"E) 8 (50.08 ) (0=57025'22") ��so-rsy\ (L=51 . 11 ' LOT LINE PER TRACT NO. 25161 (0 08 17 53 ) 13 (L=7.39 ) (N44 02 42 E) N2,ti (N51_14_35'E-(R)) (38.93 ) / (a310 35 40 ) `� " (0 48 26 28 ) LOT w 8 � (R-1500.00)) 8 I ( 3. 12') g o (0 03°36,12,) o�pl. LANQ s (L=20.00 ) �f�`o PRIOR LOT L1 N o �5� ��N D A Aj G�, ��(R=318.00') °fig TRACT NO `F� a=255 ° �L�T L i -PE_ 25161 - s - T m Z ��� 0 191 5� BE OE<ETEp PMW 91-01' NO. 8756 (d=141008'55") A o� (L=125.64 ) a J qrF PARCEL "A OF C A�- 4 8 9 �Fo� \ \ mum 1 . 61 AC o god J PARCEL 1 >3i PMW 91 01 17 4w VICIrTITY MAP N.T.S. \\ ` Remus BROTHERS SM `(N89'55'23"E 135.41') PAGE 878 GRID CI ru ADJUSTMENT PLAT - CITY OF PALM DESERT PREPARED BY: APPLICANT: ROBERT LEE PIKE, JR. APPROVED BY: TRUSTEE OF THE ROBERT LEE 9AIN PIKE JR. REVOCABLE TRUSTPO BOX 8250DANIEL ELAN, PLS 8756 BIRMINGHAM, ALABAMA 35218 R. PAGE GARNER, ACTING CITY DENOTES RECORD DATA PER � SURVEYOR / PLS NO. 6155 E'e P,�J/i () �r'tf'✓g"- 7 PMW 91-01 , REC. 3/18/1991 /110 Z 2-6 1 7 DATE AS DOC. #088380, O.R. DATE CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION TO APPROVE A PRECISE PLAN TO DEMOLISH AN EXISTING RESTAURANT AND CONSTRUCT A NEW 4,875- SQUARE-FOOT BUILDING FOR JARED JEWELERS AT 72-950 HIGHWAY 111, AND APPROVAL OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT SUBMITTED BY: Heather Buck, Assistant Planner APPLICANT: JARED The Galleria of Jewelry c/o: Jeffrey De Zort, CESO, Inc. 395 Springside Drive, Suite 202 Akron, OH 44333 CASE NO: PP 16-147 DATE: January 17, 2017 ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2687 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. 2687, approving a Categorical Exemption under the California Environmental Quality Act and a Precise Plan for the construction of a 4,875-square-foot retail building for JARED Jewelers, subject to conditions. Architectural Review Commission The City's ARC reviewed the applicant's request for site improvements at their meeting on December 13, 2016. The Commission voted 6-0-2 in recommending approval of the new retail building and site improvements with the following conditions: Staff Report Case No. PP 16-147 JARED Jewelers Page 2 of 5 January 17, 2017 1. Review site lines to roof and parapet returns. 2. Study depth of the overhang and consider internal drainage. 3. Review parking lot shade tree ordinance. 4. Submit details on the canopy tie backs. Executive Summary Approval of staff's recommendation will allow the demolition of the existing vacant building (formerly Denny's) and construction of a new retail building for JARED Jewelers and related site improvements. A Precise Plan application is required since the applicant is demolishing the existing building and the retail building is considered new construction. All Precise Plans require approval from the Planning Commission. The building conforms to the development standards including height, land use compatibility, and parking. Additionally, the applicant has incorporated the ARC comments in the revised drawings attached to this report. Background A. Property Location: The project site is located at the northwest corner of Monterey Avenue and Highway 111. This site was previously developed and operated by a Denny's Restaurant for approximately eighteen (18) years. The building has been vacant for five years. The area to be redeveloped includes two parcels (one building and one parking lot), which combined are approximately 0.67 acres in size. B. General Plan and Zoning Designations: General Plan: C-R: Regional Commercial Zone: C-1, S.P.: General Commercial; Scenic Preservation Overlay C. Adjacent Zoning and Land Use: North: P.C.-(3), S.P. / Westfield Mall South: P.C.-(3), S.P. / Retail East: C-1 / Retail / Office West: P.C.-(3), S.P. / Westfield Mall Project Description The project includes the demolition of the existing building and site improvements, and the construction of a new 4,875-square-foot retail building and related site improvements. The main entrance of the building faces south toward Highway 111 where pedestrian access is \\srv-fil2k3\groups\Planning\Heather Buck\Case Files\PP\PP 16-147 72950 Highway 111-Jared Jewelers\2017-01-17 PC-Staff Report Jared Jewelers.doc Staff Report Case No. PP 16-147 JARED Jewelers Page 3 of 5 January 17, 2017 available. Twenty-eight(28) parking stalls will be provided to the north and west of the new building, and may be shared with adjacent commercial development. A new trash enclosure, parking lot, and landscape improvements are also included in the proposed project. Analysis A. Site Plan & Building Design: STANDARD C-1 ZONE PROJECT Coverage No max 16.40% Height 30.0' 30.0' Front Setback 5.0' 5.0' Rear Setback 0.0' 93.7' Side Setbacks 0.0' 11.1' Parking 14 total stalls 28 total stalls Landscaping n/a 25.4% The proposed project complies with the standards set forth for the General Commercial zoning district and brings the site into conformance with current site improvement standards. The proposed development decreases existing imperviousness from 93.7% to 74.6% by increasing the landscaped area around the building and throughout the parking lot. The design includes a minimum of 15% landscape at the parking lot and conforms to the parking lot tree requirements. The proposed building is a one-story building that is 4,875 square feet in size. The perimeter parapets are 23'-0"with architectural elements on each fapade ranging from 26'-0" to 30'-0" in height breaking up the massing of the building on all four sides. The design of the building is contemporary in nature. The rectangular building is clad with a stone base, while the main body is finished with an exterior insulation and finishing system (EIFS) cladding in white and brown hues. Rooftop mechanical units are located behind the tall parapets and will be screened from view. Shade canopies clad with a fiber cement product that resembles wood align with the top of the display windows and provide shade to the building interior along the south and west frontages. A metal-clad cantilevered form frames the entry vestibule and presents a striking view \\srv-fil2k3\groups\Planning\Heather Buck\Case Files\PP\PP 16-147 72950 Highway 111-Jared Jewelers\2017-01-17 PC-Staff Report Jared Jewelers.doc Staff Report Case No. PP 16-147 JARED Jewelers Page 4 of 5 January 17, 2017 from Highway 111. Copper and bronze composite metal claddings form an asymmetrical frame for the entry vestibule. The architecture is compatible with the surrounding buildings and preservation of the scenic Highway 111 corridor. The site is located immediately adjacent to the western edge of the new Downtown Core Overlay District and though not located within the district, the architecture is so striking that it will enhance the merit of the intersection of Monterey Avenue and Highway 111 as a gateway to Palm Desert's city center. B. Land Use Compatibility: The proposed project is zoned C-1, S.P. The purpose of the zone 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. The new retail building use is permitted outright in the General Commercial zone. Also, the property is located within the Scenic Preservation Overlay District. The purpose of the overlay district is to designate those scenic corridors that have a special aesthetic quality and provide the opportunity for special standards for development in these areas to protect that quality. The incorporation of these standards has led to a one-of-a-kind architectural design for JARED Jewelers. C. Circulation: Access to the site is available from one driveway approach on Monterey, one driveway approach on Highway 111, and internally from the Westfield Mall parking lot. As part of the Conditions of Approval, the applicant is required to bring the driveway approaches into conformance with current standards and construct a right-turn pocket at the Highway 111 entrance. D. Parking: Twenty-eight (28) parking stalls are provided to the north and west of the new building and may be shared with adjacent commercial development. The Municipal Code requires three (3) parking spaces per 1,000 square feet of retail use and the project has met the code requirement. E. 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. \\srv-fil2k3\groups\Planning\Heather Buck\Case Files\PP\PP 16-147 72950 Highway 111-Jared Jewelers\2017-01-17 PC-Staff Report Jared Jewelers.doc Staff Report Case No. PP 16-147 JARED Jewelers Page 5 of 5 January 17, 2017 Summary Staff supports the proposal to construct a new retail building at this location. The use is consistent with the uses permitted in the General Commercial zone. The building's architecture and design meet City of Palm Desert standards. The driveway improvements and construction of a right-turn pocket will improve access to the site. Environmental Review The Director of Community Development has determined that the proposal to construct a new retail building 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 for the purposes of CEQA. Submitted By: Heather Buck, Assistant Planner Department Head: Ryan Stendell, Director of Community Development \\srv-fil2k3\groups\Planning\Heather Buck\Case Files\PP\PP 16-147 72950 Highway 111-Jared Jewelers\2017-01-17 PC-Staff Report Jared Jewelers.doc PLANNING COMMISSION RESOLUTION NO. 2687 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 APPROVAL OF A PRECISE PLAN TO DEMOLISH AN EXISTING RESTAURANT AND CONSTRUCT A NEW 4,875-SQUARE- FOOT RETAIL BUILDING LOCATED AT 72-950 HIGHWAY 111 CASE NO: PP 16-147 WHEREAS, the Architectural Review Commissi at their meeting on December 13, 2016, review the architecture and Ian lans for the proposed building, and unanimously approved a recommendati.,r� th nning Commission for approval of the Precise Plan application with condi Ors and WHEREAS, the Planning Commission City of Palm D California, did on the 17th day of January, 2017, hold a o,4 noticed public hearing �onsider the request by JARED The Galleria of Jewelry, fo� roval o °above noted; d WHEREAS, the parcel is loc ed in the Geh ' � ommercial (C-1) zoning district, which allows various types of com ,' ses and etaX as a permitted use, and WHEREAS, the proposed prat co to th r velopment standards and maximum building heig . listed in q@ Ci inance for the General Commercial zoning di r X. WHEREAS d applicat, ;s have plied with the requirements of the "City of Palm Desert Proc for Im ; entation e California Environmental Quality Act," Resolution No. 201 � . the m nity Development has determined that the proje hav ative im he environment and qualifies as a Class 32 Cats ;' tion a purposes of CEQA. ` . '. fill SOW, THEREF B, ESOLVED BY THE PLANNING COMMISSION OF THE C F PALM D T CA ORNIA, AS FOLLOWS: 1. 1 ' e above itations are true and correct and constitute the findings for app of th 'v` tinning Commission in this case. 2. That the nning Commission does hereby approve Precise Plan 16-147, subject to conditions. PLANNING COMMISSION RESOLUTION NO. 2687 PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on this 17t" day of January 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: x f N GREENWOOC�p- AIRPERSON ATTEST: ��� 1��_ RYAN STENDELL, SECRETARY x PALM DESERT PLAN� � COMMI ON .' `' xa rr x 2 PLANNING COMMISSION RESOLUTION NO. 2687 CONDITIONS OF APPROVAL CASE NO. PP 16-147 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 yeas from the date of final approval unless an extension of time is granted, other said approval shall become null, void, and of no effect whatsoever. 3. Any proposed changes to this Precise Plan wi�11 ui amendment to the application, which will result in a new public he�� 4. Building mounted lighting fixtures shall '.. norm to the City, ' A door Lighting Ordinance. { . 5. Final landscape plans shall be submitted `f-� e , � s Department of Community Development and the Coachell Valley Water act for review and approval. The landscape plan shall conforr liminary I ape plans prepared as part of and shall include° e ntin s ��dsca e material. All plants this application, �� �� g p shall be a minimum of five-gallon size, �� � I t� hall be a minimum of 18 inches at the base. 1 6. The applicant I subm ,; sign e application to the City's Department of Community D pment for ny buildi mounted or monument signs associated with the projec , 7. Com 25.46. le Parking Requirements. 8. At;ant shall ss : Architectural Review Commission conditions listed on t otice of Action ed D' nber 16, 2016. DEPAR1 NT OF PUBL N� WORKS: 9. The applic halk snit a grading plan to the Department of Public Works for review and a ;�� , n changes to the approved civil or landscape plans must be p ' � Y 9 pp p reviewed for app al prior to work commencing. 10.The grading plan shall identify all proposed and existing utilities. 11.The applicant shall enter into an agreement and post security, in a form and amount acceptable to the City Engineer, guaranteeing the construction of off-site improvements. 3 PLANNING COMMISSION RESOLUTION NO. 2687 12.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 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. 13.The applicant shall submit a Parcel Map Waiver application for a lot line adjustment for review and approval prior to grading permit issuance. 14.The applicant shall submit a PM10 application for r al. The applicant shall comply with all provisions of Palm Desert Municip ;,,Section 24.12 regarding Fugitive Dust Control. DEPARTMENT OF BUILDING AND SAFETY 15.This project shall comply with the latests .,. ed edition,of the follow 7 des A. 2013 California Building Code and its `"� �e ,` and standards. B. 2013 California Plumbing Code and its ices and standards. C. 2013 California Mechan de and its A,-, dices and standards. D. 2013 California Electrical E. 2013 California Energy Cos x > F. 2013 California,_ pen Buildinng�,Stan�l G. Title 24, Cali ,s e of R H. 2013 Calm . Fire a and 1' pendices and standards. 16.An approved matic fir ., ' ,rinkler sy shall be installed as required per the City of Palm Des : od ina 1265. 17.A di ova ; , of the precise grading plan is required to be submitted to t , 'partmen Bui and Safety for plan review of the site accessibility r irements as p 13 Chapters 11A & B (as applicable) and Chapter 10. 18.AlI e', ust provide accessible path of travel to the public way. (CBC 1027.5 & 11 B-20 19.Detectablev� , all be provided where required per CBC 11 B-705.1.2.5 and 11 B-705.1.2 2 esigner is also required to meet all ADA requirements. Where an ADA require ent is more restrictive than the State of California, the ADA requirement shall supersede the State requirement. 20.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. 21.All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 4 PLANNING COMMISSION RESOLUTION NO. 2687 22.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. 23.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 "=1 be addressed during the plan review process. You may request a copy of nce 1265 or Municipal Code Section 15.28 from the Department of Building fety counter staff. 24. Please contact Cherie Williams, Building Perm cialis the Department of Building and Safety (760-776-6420) regardin �� addressing � I buildings and/or f suites. FIRE DEPARTMENT: 25.Final fire and life safety condi ions will bell e �ssed when building plans are reviewed by the Fire Preve ;, ureau. T conditions will be based on occupancy, use, the California i u � ode (C California Fire Code (CFC), and related codes which are in fog `. at 4of bu plan submittal. ti 26.Fire Department w (s) for2t2 ,� r° ding fire underground water, fire sprinkler sy , an n e alar tems, sha11 be in accordance with the California Fire ; e (CFC);, ity of F Desert Municipal Code, and Riverside County Fire ment S ards. T :re alarm system is required to have a dedicated circul'l t,.' '� ne . Flans must be submitted to the Fire Depart a, r rev, y ppro o building permit issuance. 27.H t locatio hall j entified by the installation of reflective markers (blue and a "Kno x„ st.: be provided prior to issuance of a Certificate of O oncy. The Kn .; ox s be installed a minimum of six feet in height and be locat ` ,the right sid f the fire riser sprinkler room (CFC Chapter 5). SPECIAL PR RAMS 28.Trash/recycling osure must be consistent with Palm Desert Municipal Code Chapter 8.12. 5 CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP 16-147 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 APPROVAL TO DEMOLISH AN EXISTING RESTAURANT AND CONSTRUCT A NEW 4,875-SQUARE-FOOT RETAIL BUILDING LOCATED AT 72-950 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: 72-950 Highway 111 Project Description: A Precise Plan application has been submitted for the demolition of the existing building and site improvements and the construction of a new 4,875-square-foot retail building. The area to be redeveloped includes two parcels, which combined are approximately 0.67 acres in size. Recommendation: Staff is recommending approval for the retail building, subject to conditions. Public Hearing: The public hearing will be held before the Planning Commission on January 17, 2017, 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 for this project is from January 7, 2017 to January 17, 2017. Public Review: The Precise Plan application 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: Heather Buck, Assistant Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611 hbuck@cityofpalmdesert.org PUBLISH: DESERT SUN RYAN STENDELL, Secretary January 7, 2017 Palm Desert Planning Commission NOTICE OF EXEMPTION TO: FROM: City of Palm Desert ❑ Office of Plannina 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 ?724 Gateway Dr,Riverside, or CA 92507 County Clerk County of: Riverside I. Project Title: Jared—The Galleria of Jewelry (Jared) 2. Project Applicant: Michael Waterman -Jared 3. Project Location—Identify street address and 72-950 Highway I I I cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 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 restaurant of Project: building and associated improvements, and construct a new retail building. In addition,the applicant will update driveway access into the site and provide new site improvements to the parking lot and landscape area. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the Michael Waterman-Jared 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) (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—e State type and section number: 15332 (e) ❑ Declared Emergency. (Pub. Res. Code§ 21080(b)(3); State CEQA Guidelines § 15269(a)) i (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 graded and has been used as a restaurant since 1993. As Notice of Exemption FORM "B" EITY of �dlm BmNl 73-510 FRED WARING DRIVE PALM DESERT, CALIPORNIA 9226o-2578 TEL: 76o 346-o6ii info@ciryofpaImdesert.org December 16, 2016 ARCHITECTURAL REVIEW COMMISSION NOTICE OF ACTION CASE NO: PP 16-147 APPLICANT AND ADDRESS: JARED THE GALLERIA OF JEWELRY, C/O Jeffrey De Zort, CESO, Inc. 395 Springside Drive, Suite 202, Akron, OH 44333 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration of a request to demolish an existing restaurant and construct a 4,875 square foot building; Jared Jewelers. LOCATION: 72-950 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 as submitted subject to: 1) review of site lines to roof and parapet returns; 2) study depth of the overhang and consider internal drainage; 3) review parking lot shade tree ordinance; and 4) submit details on the canopy tie backs. Date of Action: - December 13; 2016-- - Vote: Motion carried 6-0-2, with Commissioners McIntosh and Vuksic absent (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be re-submitted to Commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. 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Va r � z LLw 0 E � W O X L1J IZ U �a o 3� sm. Wt Lu ' pql } I�. F .a O y i � o 0 z LLC) I" 0 O N • w V) O w LU I £ k P Ov 1 T. r i' Y r 4 ; Y 9 4R a • Y - k • • • C: � 1 . .�i Lli k �+ L U IL L k R, iy +' r. �i O ^�^11 WSJ r-� H W 0 0 V � z um 0w • W i X LiJ Q 0 IL v 0 v H w 0 V z umC) w 0 3nNEIAV JIEI�:13INOW ---- ----���-art-, __ z r sro, i UJ LU co C CD 7 m . r r r a Q ( . W Ur r _ W CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION TO APPROVE PP/CUP 16-194 TO DEMOLISH AN EXISTING RETAIL BUILDING AND CONSTRUCTA NEW 13,526-SQUARE- FOOT THREE-STORY MIXED-USE RETAIL/RESIDENTIAL BUILDING LOCATED AT 73-690 EL PASEO, AND APPROVAL OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT SUBMITTED BY: Kevin Swartz, Associate Planner APPLICANT: Miguel Ruiz 40240 Yucca Lane Bermuda Dunes, CA 92203 CASE NO: PP/CUP 16-194 DATE: January 17, 2017 CONTENTS: 1. Draft Planning Commission Resolution No. 2688 2. Legal Notice 3. Architectural Review Commission Minutes dated August 23, September 13, and October 25, 2016 4. Exhibits Recommendation Waive further reading and adopt Planning Commission Resolution No. 2688, approving the applicant's request to construct a new three-story mixed-use building along El Paseo. Executive Summary Approval of staff's recommendation will allow the applicant to demolish the existing 7,000-square- foot two-story retail building and construct a new 13,526-square-foot three-story mixed-use building. The building is proposed with four (4) retail spaces on the first floor and eight (8) total residential one-bedroom units divided between the second and third floors. The project is consistent and meets the vision, of the Downtown (D) zone and the El Paseo Overlay District subject to a Conditional Use Permit(CUP)for the residential units. The project also complies with all development standards including building height. Staff Report PP/CUP 16-194 Ruiz Mixed-Use Page 2 of 6 January 17, 2017 Architectural Review Commission The proposed building was presented to the Architectural Review Commission (ARC) at three separate meetings (August 23, September 13, and October 25, 2016). At the October 25, 2016, ARC meeting, the Commission stated that the design and materials make for a very attractive building, with clean architectural lines and elements. The Commission also stated that the building's height has the appropriate massing in the right locations. There was discussion regarding the exposure of the east elevation wall since the adjacent building is single-story. The applicant provided three different renderings depicting geometric design patterns with shapes and colors. One Commissioner was concerned approving the project without reviewing the final rendering, while the other Commissioners were fine with the applicant working with staff. The ARC approved the project with a 7-1 vote, with Commissioner McIntosh voting No. The Commission conditioned the applicant works with staff on the east wall elevation whether it is artwork or different materials to help break-up the massing. Background A. Property Description: The project site is located on the north side of El Paseo, east of Larkspur Lane, and west of San Luis Rey Avenue. The property is approximately 10,800 square feet in size and has been developed with an existing 7,000-square-foot two-story retail building. Parking for the site is provided within Presidents Plaza east, which is shared parking. The properties in the surrounding area consist of art galleries, restaurants, and other retail uses. =7-7777- r \ 14 \\ h ej 4 G1Planning\Kevin Swartz\Word\Precise Plans\PP CUP 16-194 Ruiz Mixed Use\PC Staff Report Ruiz Mixed-Use.doc Staff Report PP/CUP 16-194 Ruiz Mixed-Use Page 3 of 6 January 17, 2017 B. Zoning and General Plan Designation: Zone: D — Downtown District, El Paseo Overlay District, and the Scenic Preservation Overlay District General Plan: Downtown C. Adjacent Zoning and Land Use: North: D-Downtown District, El Paseo Overlay District, Scenic Preservation Overlay District/ Commercial Uses South: D-Downtown District, El Paseo Overlay District, Scenic Preservation Overlay District/ Commercial Uses East: D-Downtown District, El Paseo Overlay District, Scenic Preservation Overlay District/ Commercial Uses West: D-Downtown District, El Paseo Overlay District, Scenic Preservation Overlay District/ Commercial Uses Project Description The project includes the demolition of the existing building, and the construction of a new three- story 13,526-square-foot retail and residential mixed-use building. The retail uses will be on the first floor with the residential units on the second and third floors. The building breakdown is shown below. 1. First Floor— Four(4) retail suites totaling 3,889 square feet. 2. Second Floor— Four(4) one-bedroom single-story units totaling 3,834 square feet. 3. Third Floor— Four (4) one-bedroom single-story units totaling 3,834 square feet. The residential and retail units total 11,557 square feet. The remaining 1,969 square feet will be used for the elevator, two stairwells, public restrooms, and an access corridor. The applicant will own and manage the entire building and lease the retail and residential units. The applicant owns a jewelry store and will occupy suite one. The remaining retail suites do not have tenants, but will be geared towards retail uses and not restaurants. The residential units will be rented on a monthly or yearly basis, and will depend on the rental market and the desire to live along El Paseo. Available parking for the retail uses will be within Presidents Plaza east and along El Paseo. Parking for the residential units will only be available within Presidents Plaza east.Trash services are also available within Presidents Plaza east, and each residential unit's renter(s)will be able to use the two existing trash bins within the parking lot. Burrtec Waste & Recycling currently provides trash services once a week. A. Architecture: The building's architecture maintains a contemporary theme with flat roof lines, architectural pop-outs, and thick architectural elements. The building design is considered a block-form GAPlanning\Kevin Swartz\Word\Precise Plans\PP CUP 16-194 Ruiz Mixed Use\PC Staff Report Ruiz Mixed-Use.doc Staff Report PP/CUP 16-194 Ruiz Mixed-Use Page 4 of 6 January 17, 2017 building, which are one to five stories tall attached to or attachable to buildings on neighboring properties. These types of buildings are built at or near the street right-of-way line with the edges of which strongly define the urban space along the street. The proposed building is three-stories in height with roof lines between 11, 22, and 33 feet, with an overall height of 36 feet. To moderate the apparent size and scale of the building, the building design facing El Paseo creates architectural spaces by having the second floor balcony cantilever approximately five feet out to provide a shaded element for the first floor retail suites, and having the third story recess approximately 10 feet to appear as a two-story building. The ground floor retail spaces will have storefront windows to enable customers to visually see inside. The City is encouraging new developments to enhance the rear elevations. The proposed building focuses on the rear elevation by creating architectural spaces with recessed patio areas. The east elevation will be exposed since the adjacent building is single-story. The applicant is proposing a geometric design with shapes and colors to help alleviate the massing of the wall. The applicant is continuing to work with staff on the final design. The project also includes small landscape pocket areas within the balconies facing El Paseo. The small areas will provide a nice visual color, and the landscaping will be maintained by the applicant. The overall building design includes desert colors that are of smooth plaster finishes, ceramic tile, travertine stone, decorative patio railings, and aluminum frame windows and doors. All rooftop equipment will be screened by a decorative metal screen wall from all public views. Analysis The Downtown zone introduces urban, mixed-use buildings up to three-stories tall along the commercial core including El Paseo subject to a CUP. The proposed project also requires approval of a Precise Plan by the Planning Commission since the applicant is demolishing the existing building and constructing a new building. Furthermore, the project complies with all development standards including setbacks, building height, parking, lot coverage, and land use compatibility. A. Land Use Compatibility: The land use designation is Downtown within the General Plan and zoned Downtown and within the El Paseo Overlay District and the Scenic Preservation Overlay District. The Downtown zone allows mixed-use buildings up to three-stories in height located at or near the front property line (sidewalk). The zone also encourages primary building access from the sidewalk and parking behind the building or subterranean.Also, the property is located within the El Paseo Overlay District. El Paseo is designed as a pedestrian specialty retail, restaurant, and personal services district. The success of El Paseo as a pedestrian commercial district is dependent upon the creation of land uses and creative and imaginative building designs to attract and sustain pedestrian interest. GAPlanning\Kevin Swartz\Word\Precise Plans\PP CUP 16-194 Ruiz Mixed Use\PC Staff Report Ruiz Mixed-Use.doc Staff Report PP/CUP 16-194 Ruiz Mixed-Use Page 5 of 6 January 17, 2017 The City's Strategic Plan also states the following for El Paseo. • 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." Staff believes that the proposed project establishes a land use that provides an upscale building design that will attract new residents and shoppers who desire to live in an urban setting along El Paseo. The residential units will also increase pedestrian traffic along El Paseo by providing a year-round or seasonal renter for shopping and dining experiences.The proposed project is in keeping with the zone and overlay districts, adjacent uses, and meets the City's Strategic Plan by creating a walkable neighborhood building along El Paseo. The building designed offers an upscale architectural design that reflects the vision of El Paseo. The retail businesses will operate in the same manner as the other retail uses along the street. The residential uses will not interfere with parking as determined by staff and the proposed use would complement the adjacent retail business uses and the other restaurants along El Paseo and in the vicinity. Furthermore, the project does not physically divide an existing community, and does not conflict with any applicable land use plan, policy, or regulation outlined in the General Plan. B. Development Standards: The proposed project complies with the development standards within the One Eleven Development Code for the Downtown zone. The table below outlines the development standards, what is allowed by code, and what is being proposed. Development Standard Allowed by Code Project Height 3 floors/40 feet 3 floors/36 feet Front 0' 0' Rear Yard 5' 35' Side Yards 0' 0' Lot Coverage No Max 40% Parking 22 Shared Parking GAPlanning\Kevin Swartz\Word\Precise Plans\PP CUP 16-194 Ruiz Mixed Use\PC Staff Report Ruiz Mixed-Use.doc Staff Report PP/CUP 16-194 Ruiz Mixed-Use Page 6 of 6 January 17, 2017 C. Height: The proposed building has an overall height of 36 feet, which is allowed by code. The existing building to the west is single story, but appears two stories with a height of approximately 24 feet. The existing building to the east is single-story with a building height of approximately 13 feet. Block-form buildings generally extend the full width of the lot and have the potential to become significantly out of scale with the surrounding area. To modulate the apparent size and scale of the building, the design has architectural elements from the plane of the fagade and the third story is recessed back. The building architecture also provides articulation techniques so the building is not out of character. The proposed height and site location are supported by staff, as they will not adversely impact any viewsheds or diminish property values. D. Parking: The One Eleven Development Code Section 25.18.050 Parking Requirements states retail uses requires three(3)parking spaces per 1,000 square feet. The total retail uses total 3,889 square feet requiring twelve (12) parking spaces. Section 25.18.050 also states that residential uses (studio and one-bedroom) require 1.25/units. The project will have eight(8) total units requiring ten(10) parking spaces. The project requires a total of22 parking spaces. Directly behind the building is a shared parking lot(15 parking spaces on the property)within Presidents Plaza east where there is an adequate amount of parking, especially in the late evening hours/overnight. The residential parking is conditioned to be unassigned within the parking lot. Based on the amount of parking in the immediate vicinity, staff believes that there is adequate parking available to accommodate the proposed project. E. 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. 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: Department Head: Kevin Swartz, Associate Planner Ryan Stendell, Director of Community Development GAPlanningXemn Swartz\Word\Precise Plans\PP CUP 16-194 Ruiz Mixed Use\PC Staff Report Ruiz Mixed-Use.doc PLANNING COMMISSION RESOLUTION NO. 2688 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 PRECISE PLAN AND CONDITIONAL USE PERMIT TO DEMOLISH AN EXISTING RETAIL BUILDING AND CONSTRUCT A NEW 13,526-SQUARE-FOOT THREE-STORY MIXED-USE RETAIL/RESIDENTIAL BUILDING LOCATED AT 73-690 EL PASEO CASE NO: PP/CUP 16-194 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of January 2017, hold a duly noticed public hearing to consider the request by Miguel Ruiz for approval of the above noted; and WHEREAS, the Architectural Review Commission of the City of Palm Desert, California, did on the 25th day of October 2016, approved the architectural building design 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 exempt, 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 19 Class 32: In-fill Development Projects Categorical Exemption for purposes of CEQA and no further review is necessary; and WHEREAS, the :proposed project conforms to the Downtown (D) zoning district, the Scenic Preservation Overlay, and the El Paseo Overlay District; and WHEREAS, the proposed; project is compatible with the uses along El Paseo and provides an upscale building design that will attract tourists and shoppers with the retail uses, and residents who desire to live in an urban setting along El Paseo. The residential units will also increase pedestrian traffic along El Paseo by providing a year-round or seasonal renter for shopping and dining experiences; and WHEREAS, the proposed project conforms to the "City Center/Downtown" designation within the General Plan by creating a walkable neighborhood building along El Paseo; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons, which are outlined in the staff report reasons to approve the said request: PLANNING COMMISSION RESOLUTION NO. 2688 FINDINGS: 1. That 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. The site is located within the Downtown (D) zone, the Scenic Preservation Overlay District (S.P), and the El Paseo Overlay District (E.P.). The Downtown zone introduces urban, mixed-use buildings up to three-stories tall along El Paseo where the ground floors accommodate retail and restaurant uses, while upper floors accommodate residential and office uses, subject to a Conditional Use Permit (CUP). The zoning districts are also designed as a pedestrian specialty retail/personal services that attracts and sustains pedestrian interest. The proposed project establishes a land use that provides an upscale building design that will attract tourists and shoppers with the retail uses, and residents who desire to live in an urban setting along El Paseo. The residential units will also increase pedestrian traffic along El Paseo by providing a year-round or seasonal renter for shopping and dining experiences. The proposed project is in keeping with the zone and overlay districts, adjacent uses, and meets the City's Strategic Plan by creating„a walkable neighborhood building along El Paseo. The building as designed offers an upscale architectural design that reflects the vision of El Paseo. The retail businesses will operate in the same manner as the other retail uses along the street. The residential uses will not interfere with parking as determined by staff and the proposed use would complement the adjacent retail;business uses and the other restaurants along El Paseo and in the vicinity. Furthermore, the;,project does not physically divide an existing community. 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 existing buildings and parking lots, has been operating for years with various commercial retail uses. The proposed mixed-use building is the first of its kind along El Paseo, but is a permitted use identified within the zone. The residential uses should be compatible and will not create a negative impact such as noise to the adjacent businesses. Additionally, based on the amount of parking within Presidents Plaza east, staff believes that there is adequate parking available, and the need for overnight parking will not create a public nuisance. Building improvements and site operations will comply with all building, life safety and environmental standards during construction and continued operations, including: dust mitigation, storm water discharge, health licensing, and fire prevention strategies. All building and site improvements will comply with the PC Reso 2688.doc PLANNING COMMISSION RESOLUTION NO. 2688 Americans with Disabilities Act (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 to allow residential units on the second and third floors and construction of the new three-story building will 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 designates this property as "City Center/Downtown'; which allows a variety of civic, cultural, entertainment, retail, restaurants, and other commercial services organized along walkable streetscapes. Staff believes that the proposed project will attract tourists and shoppers with the retail uses, and residents who desire to live in an urban setting along El Paseo and will create pedestrian traffic year-round or seasonal renter for shopping and dining experiences. The proposed project is in keeping with the General Plan by creating a walkable neighborhood building along El Paseo. Furthermore, the project does not physically divide an existing community, and does not conflict with any applicable land use plan, policy, or regulation outlined in the General Plan." Additionally, the General Plan includes a Commercial Core Area Specific Plan that includes commercial properties along El Paseo and other parts of the City. The overarching goal of the Speck Plan is to "maximize the project area's potential for high quality economic' development compatible with Palm Desert's overall community goals and self image." The proposed use complies with the Commercial Core Specific Plan as they make a substantial investment into the building along El Paseo. The City's Strategic Plan also states priorities for El Paseo 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." PC Reso 2688.doc PLANNING COMMISSION RESOLUTION NO. 2688 The proposed use is in keeping with the General Plan and the vision within the General Plan, and meets the City's Strategic Plan and emphasizes on creating a "city center/downtown." 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 PP/CUP 16-194, subject to conditions. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 17th day of January 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JOHN GREENWOOD, CHAIRPERSON ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION PC Reso 2688.doc PLANNING COMMISSION RESOLUTION NO. 2688 CONDITIONS OF APPROVAL CASE NO: PP/CUP 16-194 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. Construction of said project shall commence within two years from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void, and of no effect whatsoever. 4. Any proposed changes to this Precise Plan and Conditional Use Permit will require an amendment to the application, which will result in a new public hearing. 5. 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 of a building permit for the use contemplated:herewith. 6. Applicant shall defend, indemnify and hold harmless the city against any third party legal challenge to these approvals, with counsel chosen by the City at applicant's expense. 7. Parking for the residential units, including overnight parking shall only occur within Presidents Plaza east. At no time, can the applicant or renter post signage stating renter(s) parking only. 8. Any storage, displays, or items on the residential balconies that are determined by the City as public nuisances as defined in the Palm Desert Municipal Code shall be removed. 9. The Planning Department must approve the final design of the east elevation wall before any building permits are issued. 10.The small dedicated landscape pocket areas within the balconies facing El Paseo shall not be removed for additional patio area and must be used for decorative landscaping materials. PC Reso 2688.doc PLANNING COMMISSION RESOLUTION NO. 2688 11. Building mounted lighting fixtures shall conform to the City's Outdoor Lighting Ordinance. DEPARTMENT OF PUBLIC WORKS: 12.The applicant shall submit 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 approval prior to work commencing. 13.The grading plan shall identify all proposed and existing utilities. 14.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. 15.The applicant shall abide by all provisions of the City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. 16. Changes to the approved site plan may generate additional conditions of approval. 17.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. 18.The applicant shall ensure that the sidewalk on El Paseo is ADA compliant and shall make modifications as needed. DEPARTMENT OF BUILDING & SAFETY: 19.This project shall comply with the latest adopted edition of the following 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 Regulations. H. 2013 California Fire Code and its appendices and standards. 20.All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B-206). 21.An approved automatic fire sprinkler system shall be installed as required per the City of Palm Desert Code Adoption Ordinance 1265. 22.A disabled access overlay of the precise grading plan is required to be submitted to the Department of Building & Safety for plan review of the site accessibility requirements as per 2013 BCB Chapters 11A & B (as applicable) and Chapter 10. PC Reso 2688.doc PLANNING COMMISSION RESOLUTION NO. 2688 23. Detectable warnings shall be provided where 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. 24. 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. 25.All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm desert Municipal Code, Title 5. 26.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. 27.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 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: 28. 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. 29.The project may have a cumulative adverse impact on the Fire Department's ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increased presence of structures, traffic, and population. The project proponents/developers will be expected to provide for a proportional mitigation to these impacts via capital improvements and/or impact fees. 30. Fire Department emergency vehicle apparatus access road locations and design shall be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. 31. Fire Department water system(s) for fire protection shall be in accordance with the California Fire Code, City of Palm Desert Municipal Code, and Riverside County Fire Department Standards. Plans must be submitted to the Fire Department for review and approval prior to building permit issuance. PC Reso 2688.doc CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP/CUP 16-194 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT PLANNING COMMISSION FOR CONSIDERATION OF A MITIGATED NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND CONSIDERATION OF A REQUEST TO DEMOLISH AN EXISTING RETAIL BUILDING (FORMERLY DON VINCENT) AND CONSTRUCT A NEW 13,526-SQUARE-FOOT THREE-STORY MIXED-USE RETAIURESIDENTIAL BUILDING. 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: 73-690 El Paseo Recommendation: Staff is recommending that the Planning Commission adopt a resolution approving the project request. Public Hearing: The public hearing will be held before the Planning Commission on January 17, 2017, 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 January 6 to January 17, 2017. 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 January 6, 2017 Palm Desert Planning Commission ARCHITECTURAL RE _:W COMMISSION MINUTES August 23, 2016 The Commission reviewed and discussed the monument sign. They liked how the applicant drew from the building's architecture but were concerned with the height and the thinness of the blade. ACTION: Commissioner Lambell moved to continue subject to: 1) reducing height of sign; 2) review thickness in proportion to the reduced height; and 3) provide a 3-D perspective to show thickness. Motion was seconded by Commissioner Levin and carried by a 7-0-1 vote, with Colombini, Lambell, Levin, McAuliffe, McIntosh, Van Vliet and Vuksic voting YES and Commissioner Clark absent. B. Preliminary Plans: 1. CASE NO: PP/CUP 16-194 APPLICANT AND ADDRESS: MIGUEL RUIZ, 40240 Yucca Lane, Bermuda Dunes, CA 92203 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to preliminarily approve a new three-story mixed-use building for residential and retail; Ruiz Building. LOCATION: 73690 El Paseo ZONE: C.1, S.P. Mr. Kevin Swartz, Associate Planner, presented a proposal for a new building on El Paseo; formerly Don Vincent's clothing store. The applicant is proposing to demo and build a three-story mixed- use building at 30' tall, which meets the requirement for this zone. He stated this will go forward to the Planning Commission because residential uses above the first floor require a Conditional Use Permit. He said the first floor will have four retail spaces; two fronting El Paseo and two fronting President's Plaza. The total square footage (sq. ft) of the first floor will be 4,416. The second floor will have two retail spaces also fronting out onto El Paseo and two one-bedroom 1,150 sq. ft. studio units facing President's Plaza. The third floor is all residential use that includes four one-bedroom units; 924 sq. ft and 1,150 sq. ft. The building has a lot of movement giving the appearance that it is not a three-story building. President's Plaza is the primary parking and the main entrance for this area so the applicant is sensitive to the architecture on the back of the building. Staff is recommending approval of the architectural design as proposed. GAPIanningUanineJudy\ARC\1 Minutes\2016\160823min.docx Page 3 of 8 ARCHITECTURAL REVIi COMMISSION MINUTES August 23, 2016 The Commission discussed the blank wall on the east elevation, egress from the building, operable windows, the fire rated exit corridor, an additional staircase, direct access from El Paseo to residential uses, and a height exception to allow for more ceiling height. Commissioner McIntosh said as the City moves toward mixed-use along El Paseo there will be growing pains with three-story buildings adjacent to one-story buildings. As other buildings grow to two or three stories eventually the walls will disappear and this Commission needs to be sensitive to that architecturally and come up with something more interesting. Commissioner McAuliffe asked how the retail spaces at the second floor get accessed. It appears that they have street presence on El Paseo, but their only means of access is from the rear. Keeping that in mind, he suggested they look at the circulation because that will be a penalty for those retail spaces if people can't access them from El Paseo. Mr. Eric Ceja, Principal Planner, asked for clarification on the east elevation and said he wouldn't recommend windows that would prohibit the next property owner to go to that height. He asked the Commission for their thoughts on that elevation. The Commission discussed and recommended different colors and textures. Commissioner Vuksic touched on signage and said it's important in retail architecture to always keep in mind where the signs will go and the size of the signs. He was concerned that signage was not included on the elevation and said it may detract from the architecture. Commissioner Vuksic pointed out the style of this building and said some styles require a lot of details, massing and composition to make them work. In modern architecture less is more. He encouraged them to do a very careful code analysis. He also pointed out the lack of roof slope. Commissioner McAuliffe referred to the floor to floor heights and strongly suggested a height exception. G1PIanningUanineJudy\ARC\1Minutes\2016\160823min.docx Page 4 of 8 ARCHITECTURAL RL cW COMMISSION MINUTES August 23, 2016 ACTION: Commissioner Lambell moved to continue subject to: 1) review the building code to see if another staircase is needed and fire access points for the residential uses; 2) look at converting the second floor retail space without direct access from El Paseo to residential uses or consider adding another access point; 3) review and add architecture, texture, or colors to the east elevation wall since it is visible from El Paseo; and 4) consider a height exception to allow for more ceiling height. Motion was seconded by Commissioner Colombini and carried by a 7-0-1 vote, with Colombini, Lambell, Levin, McAuliffe, McIntosh, Van Vliet and Vuksic voting YES and Commissioner Clark absent. 2. CASE NO: MISC 16-219 APPLICANT AND ADDRESS: MARK VALENTINO, ARCHITECT, 77333 Country Club Drive, Suite F-3, Palm Desert, CA 92211 \NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to treliminarily approve a new 5,700 square foot maintenance building; Palm Desert Resorter. LOCATION: 77333 Country Club Drive ZONE: P.R\-4 Commissioner McAuliffe recu ed himself from this project and left the conference room. Mr. Kevin Swartz, Associate Planner, presented for preliminary approval a new 5,700 uare foot maintenance building for Palm Desert Resorter on the corner of Oasis Club Drive (Oasis) and Hovley Lane East (Hovley): The previous maintenance building burned down about two years ago and they have been using temporary storage containers as offices. Staff has been working with the applicant to build a stucco building in the same building footprint since it will be visible from the street. This new building is smaller than the previous building and will be used as a warehouse with a couple of offices along with parking. This building is 18' in total height varying in height from 8' to 13' to 15'. He passed around the materials board for review. He presented the roof plan and said there will be evaporative coolers and A/C units and the screening will exceed the top of the equipment. MR. MARK VALENTINO, Architect, stated he worked with the owner to create something more than just a big box. There will be GAPIanningWanineJudy\ARC\1Minutes\2016\160823min.docx Page 5 of 8 ARCHITECTURAL REVIEW COMMISSION MINUTES September 13, 2016 Commissioner McIntosh said the height didn't really bother him given the amount of area that the building is setback but agreed that it needs additional detailing. Commissioner Vuksic agreed that the sign doesn't need to be that tall, but he felt it was consistent with other monument signs in the City. Mr. Ceja said the language in the code says 6' unless topographic or other features necessitate a height increase. Staff originally reviewed this at the counter and looked at the existing landscape condition and how it blocks the existing sign and suggested an additional foot of height to get above the landscape. Commissioner McAuliffe said he was okay with the height and also agreed that additional detailing will refine it further. As a monument it complements the building without literally imitating it. ACTION: Commissioner Lambell moved to approve subject to cap detail on the terra Gotta portion of sign shall be beveled to match the building. Motion was seconded by Commissioner McAuliffe and carried by an 8-0 vote, with Clark, Colombini, Lambell, Levin, McAuliffe, McIntosh, Van Wet and Vuksic voting YES. B. Preliminary Plans: 1. CASE NO: PP/CUP 16-194 APPLICANT AND ADDRESS: MIGUEL RUIZ, 40240 Yucca Lane, Bermuda Dunes, CA 92203 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to preliminarily approve a new three-story mixed-use building for residential and retail; Ruiz Building. LOCATION: 73690 El Paseo ZONE: C.1, S.P. Mr. Kevin Swartz, Associate Planner, presented changes to a mixed- use building on El Paseo that was continued from the last meeting. The Commission was concerned with: the lack of staircases for the second and third floor fire access, the east wall elevation, mechanical equipment and roof slopes, fire sprinkler risers, and ventilation in bedrooms. He said in the original plans there were two retail spaces on the second floor facing out on El Paseo. The applicant has nixed the retail on the second floor and went to strictly four residential units. G9PIanning'Janine Judy\ARC\1 Minutes\2016\160913min.dacx Page 4 of 7 ARCHITECTURAL REVIEW COMMISSION MINUTES September 13, 2016 The third floor remains the same at four units and the bottom floor now has five retail spaces; three facing El Paseo and two facing President's Plaza. He asked the applicant to describe the accents on the east elevation wall. MR. JUAN CARLOS OCHOA, architect, said at this point in time they don't know if the building next door to the east will ever increase in height. In the meantime, they are proposing to do something like a mural with different colors or different textures. Commissioner Colombini was concerned with the lack of ventilation in the bedrooms and advised the applicant to review the Building Code for bedroom ventilation, as well as a second emergency staircase on the second and third floor exiting to the ground level. Mr. Swartz said he spoke with the Building Department and the bedrooms may have to be towards the balcony so the occupants can access the balcony in the event of a fire. MR. OCHOA said if a second staircase is required, he believes they have enough space in the central court to add it. However, based on the code section they are not required to have a second staircase. Commissioner McAuliffe said it would be worthwhile to check this out further. Commissioner Vuksic feels that the accent design on the east elevation is okay but thinks this element needs more than just a mural. He suggested textural differences to make it pop or slight offsets of a couple of inches that interlock. MR. OCHOA said they were trying to achieve that and referred to several other mural designs he provided. Commissioner Vuksic recommended providing details for the balcony railings and ends showing how they wrap around the building. He also suggested they review the details for mechanical equipment including ceiling ducting, and roof slopes. Commissioner McIntosh asked what the floor to floor heights were and MR. OCHOA said they were 9'-5", 9'-5" and 8'-5". Commissioner Lambell recommended that the applicant provide something on the residential lighting and how it fits into the whole personality of the building. Commissioner Levin asked if the fire sprinkler system came off a single system for the entire building. Commissioner Colombini said it would be two different systems; one for residential and one for retail space. Commissioner Levin said there will be a lot of utility concerns; water, sewer and electrical. MR. OCHOA said they will add space on the bottom floor to house the utilities. G:\PlanningUanineJudyWRC\1Minutes\2016\160913min.docx Page 5 of 7 ARCHITECTURAL REVIEW COMMISSION MINUTES September 13, 2016 Commissioner Levin asked about the trash enclosures. Mr. Swartz said there are two options. They could either eliminate parking stalls to build a new enclosure or they could add an additional pickup day, which would be paid for by the applicant. Commissioner McIntosh said the architecture has a clean, crisp geometry and wanted to know what style of signage they would have for the three retail spaces on the El Paseo elevation. The Commission discussed signage locations and the types of signs that would blend with this architecture. Commissioner Clark asked the applicant to submit a conceptual signage plan and show how the different types of signs will work on the El Paseo elevation. Commissioner Colombini asked if they checked the size of the electrical room for the switch gear to see if it meets Edison requirements. MR. OCHOA said they currently have one room and will add a second room on the opposite side. Commissioner Colombini reminded the applicant that a separate room is also required for the sprinkler risers. Commissioner Vuksic made a motion to continue. Motion was seconded by Commissioner Levin. Chair Van Wet asked for further discussion. MR. MIGUEL RUIZ, building owner, said continuing this project again was very costly to him. He asked the Commission to write down what was needed and they would do it because no matter what they do the Commission finds something else. Commissioner Lambell said this is a new concept on El Paseo and it has to be right and explained that the Commission does not design projects for the applicants. The comments made today will be in writing and sent to him and the architect will address the things that the Commission is concerned with. It is a design in progress and they are trying to safe guard the design while at the same time making sure there aren't other stumbling blocks that will end up costing the applicant more money. Commissioner Vuksic said the Commission is asking the architect to show details now which normally would come later, but in this case doing them sooner is better. Commissioner McAuliffe said they need to do their homework on the floor to floor heights. Making that decision at this level will smooth the way to the very end. The Commission discussed requesting a height exception for this project. GAPIanningVanine Judy\ARC\1Minutes\2016\160913min.dccx Page 6 of 7 ARCHITECTURAL REVIEW COMMISSION MINUTES September 13, 2016 ACTION: Commissioner Vuksic moved to continue Case No. PP/CUP 16-194 subject to: 1) review Building Code for additional staircases for second and third floor fire access; 2) for the east wall look at mural options with different textures or look at providing offsets a couple of inches that interlock; 3) show details for the balcony railings and details for the ends of the balconies and how they wrap around the building; 4) review details for mechanical equipment including ceiling ducting, and roof slopes; 5) consider a height exception to allow for increased ceiling heights if needed; 6) review sprinklers raisers; 7) review the Building Code for ventilation in bedrooms; and 8) review signage locations and type of signs that will blend with the clean crisp geometry architecture. Motion was seconded by Commissioner Levin and carried by an 8-0 vote, with Clark, Colombini, Lambell, Levin, McAuliffe, McIntosh, Van Viet and Vuksic voting YES. C. Miscellaneous Items: Mr. Ryan Stendell, Director of Community Development presented educational information on Measure T. - VI. COMMENTS Commissioner McIntosh requested that Building and Safety do a cursory code eview on projects before it comes to the Architectural Review Commission. Mr. Ceja sad staff is working out the internal process so that building issues are addressed on t front-end when applications are submitted not on the back-end when building plans a received. VII. ADJOURNMENT Commissioner L'a, bell moved to adjourn the Architectural Review Commission meeting at 1:55 p M. ERIC CEJA ° PRINCIPAL PLA N R SECRETARY � JA �E JUDY RECORDING SECRETARY G:\PlanningUanine Judy\P.RC\1Minutes\2016\160913min.docx Page 7 of 7 ARCHITECTURAL RE',_ _W COMMISSION MINUTES October 25, 2016 V. CASES: A. Final Drawings: None B. Preliminary Plans: 1. CASE NO: PP/CUP 16-194 APPLICANT AND ADDRESS: MIGUEL RUIZ, 40240 Yucca Lane, Bermuda Dunes, CA 92203 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration to preliminarily approve a new three-story mixed-use building for residential and retail; Ruiz Building. LOCATION: 73690 El Paseo ZONE: C.1, S.P. Mr. Kevin Swartz, Associate Planner, stated this project came before the Commission on September 13, 2016, for preliminary approval of a mixed-use building on El Paseo. The applicant has made some minor architectural changes on the front and back of the building as well as art work on the east elevation. The applicant has been working with staff and the Building Department on exiting throughout the building. He stated that the balloon artwork shown on the east elevation is conceptual. They also included new detailing for the balconies and parapet walls. The Commission discussed in detail the mural on the east elevation. Mr. Ceja said it can be approved on a staff level if it is a paint color change, but if the applicant is applying for a public art program then it would have to go the Art in Public Places Commission. MR. JUAN OCHOA, architect, stated he met with the Building and Fire Departments and discovered they were not compliant with the number of units or occupants for the single staircase so they added another staircase that would solely serve the third floor. They added an elevator that would accommodate a gurney, allocated a room for the fire riser for the main electric panels, raised the parapets about a foot and a half to drain the roof properly, and increased the height to 33'. He pointed out that the higher roof will GAPIanning\Janine Judy\ARC\1 Minutes\2016\161025nnin.dccx Page 2 of 9 ARCHITECTURAL REW .J COMMISSION MINUTES October 25, 2016 be towards the back and staggered. He stated there are offsets on the upper and lower balconies so the mass of the east wall has been diminished. At this time, the artwork is conceptual on the sides and they have provided a recess to frame the artwork or graphics that will be placed there. Commissioner Vuksic discussed the sidewalls and the recessed panels and thought the walls needed to be completed architecturally as opposed to painting big murals, with using materials and textures. MR. OCHOA said that since El Paseo places a lot of emphasis on public art, this could be an opportunity to display public art. He agreed that it could be completed architecturally but will defer that decision to his client. Mr. Ryan Stendell, Director of Community Development said staff has been pushing some of these temporary concepts that might work in the short term knowing we have plans that may allow buildings to rise up next door to them. He pointed out that if this wall will be used to display art, it would have to go through the Art in Public Places Commission. Commissioner Vuksic talked about the roof plan and suggested that the screening for the mechanical equipment be one continuous enclosure. It would then become another layer of the architecture and the access panel can become a piece of the enclosure. He referred to the air conditioning chases and the potential impact on aesthetics. MR. OCHOA pointed out that by enclosing the mechanical screening they can move this to the side giving them more room in the interior. Commissioner Vuksic said the side elevations of the building have improved in the articulation of different planes and forms and said it has definitely improved. He made a couple of suggestions to simplify it and gave the architect some ideas to make it stronger. He referred to his diagram as Exhibit A and submitted it for the record. Commissioner Vuksic and the applicant discussed the base elements on the east and west elevations and eliminating the openings that will then blend into the existing building to create a strong mass at the bottom. MR. OCHOA said he will work on that and see what it looks like and bring back a revised elevation. G:\PlanningUanineJudy\ARC\1Minutes\2016\161025min.docx Page 3 of 9 ARCHITECTURAL RE' :W COMMISSION MINUTES October 25, 2016 The Commission discussed the grilled guard rails facing El Paseo. Commissioner Vuksic suggested that the City review ordinances. Mr. Kevin Swartz, Associate Planner said this is a Conditional Use Permit and Precise Plan and staff will create language to add into the project regarding the balconies. Commissioner Colombini expressed his concerns regarding the size of the two exterior electrical rooms which will hold six meters each for a total of 12 meters and didn't think the space was sufficient. MR. OCHOA feels the space is appropriate but said they wouldn't have a prob►em increasing the size of the rooms. The other concern Commissioner Colombini had was not having access to the entrance to the second staircase and felt the two staircases were too close together for proper exiting in the event of a fire. The last concern he had was the amount of room in the ceiling space for all the duct work, light fixtures, and lighting which only allows about 10 to 11 inches. MR. OCHOA said chases can be lowered in the ceiling and mentioned that this is how they will handle all the duct work. Commissioner McAuliffe said the rearrangement of the floor plans on the second and third floors were great improvements and thought having the bedrooms to the outside are going to make for nicer units. He asked if the units were going to have gas service to them and where would the meters be located. MR. OCHOA said he has a commercial building and doesn't have gas. Commissioner McAuliffe asked the applicant to check if ADA requirements are needed for one of the units. Commissioner McIntosh said they have put a lot of attention on the east side because of its size and proportion but now they need to add some relief detail on the west side as well. MR. OCHOA said at this point they are not proposing anything there. The Commission and the architect discussed the materials used to achieve the recess on the east elevation. Commissioner McIntosh stated that it should be more of an architectural component of the building and not just a painted mural on the side of a big blank wall. . Commissioner McIntosh was glad to see that they did some code work and reshuffled the floor plans a bit but was concerned about the study in the front units not having any natural light or ventilation. MR. OCHOA confirmed that there was no natural daylight or ventilation. Commissioner McIntosh felt this may cause them problems down the road. MR. OCHOA said they could assign that space as storage or make it a part of the master bedroom closet. G\PIanningUanineJudy\ARC\1Minutes\2016\161025min.docx Page 4 of 9 ARCHITECTURAL REVi J COMMISSION MINUTES October 25, 2016 Commissioner Clark asked the architect if after talking with Building and Fire he was confident that he won't have any significant changes. MR. OCHOA said that was correct and believes they are satisfying the code requirements. The Commission and the architect once again discussed the west elevation wall and detailing that could be provided there. Commissioner McIntosh said something needs to be done on that side of the building. This Commission has seen perspectives and elevations on three sides but not on the west side. Commissioner Levin said if the applicant should decide to go with condos, they will have to do a map. Mr. Ceja mentioned to the applicant that they should think about that now because if they decide to do a condo conversion later it will be a separate process. Commissioner Levin said if each unit will have individual utility services they need to know now because the retrofit later on can be pretty complicated. The Commission discussed the materials and asked the architect if an updated materials board had been submitted. MR. OCHOA said he didn't believe that it changed from the last submittal. The Commission asked to see a sample of the veneer, the design on the steel, planters, materials for the balloons, and stone and metal materials. The Commission had a lengthy discussion regarding the art or architectural elements that may be placed on the east and west walls and the materials that will be used. Mr. Stendell wanted to be clear that if this is defined as art, it's not going to come back to this Commission; it will go to the Art in Public Places Commission. He said rather than looking at the wall as art they should look it as an architectural component of the building. The architect said they are trying to be cost efficient to address the Commission's concerns and will work with staff. Commissioner Vuksic said he realizes that the applicant wants to get this moving however, since this is new territory for the City this Commission wants to make careful decisions. GAPIanning\JanineJudy\ARC\1Minutes\2016\161025min.docx Page 5 of 9 ARCHITECTURAL RE _W COMMISSION MINUTES October 25, 2016 ACTION: Commissioner Vuksic moved to preliminarily approve subject to: 1) the mechanical enclosure shall be completed as a 4-sided element; 2) side walls shall be articulated as described on diagram Exhibit A; and 3) submittal of the east and west side wall design and an updated materials board including stone sample shall be reviewed and approved by staff. Motion was seconded by Commissioner Clark and carried by a 7-1 vote, with Clark, Colombini, Lambell, Levin, McAuliffe, Van Vliet and Vuksic voting YES and McIntosh voting NO. Commissio er McAuliffe left at 1:30 p.m. CASE NO: PP 16-147 APPLICANT AND ADDRESS: JARED THE GALLERIA OF JEWELRY, C/O Jeffrey De Zort, CESO, Inc. 395 Springside Drive, Suite 202, Akron, OH 44333 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration of pre�,minarily approving a request to demolish an existing restaurant and construct a 4,430 square foot building; Jared Jewelers. LOCATION: 72-950 Highway 111 ZONE: C-1,\S.P. Ms. Heather Buck, Assistant Planner, stated this project to construct a 4,430 square foot building for Jared Jewelers came before the Commission on September 13, 2016 for preliminary approval. Taking into consideration the Commission's comments, the applicant has made"a few revisions that staff has reviewed. The applicant looked at the different styles on El Paseo and other areas in the shopping district and tried to incorporate those styles and materials in the style for their building. The new design is more modern and incorporates stone rather than brick which is more architecturally responsive to the desert. The applicant is putting together a building that is completely unique as far Jared Jewelers is concerned as they do not have any other building like this nationally. She presented a materials board as well as previous designs. Commissioner Lambell and the applicants reviewed and discussed the storefront materials. MR. MARK LEVINE, Vice President, FRCH Design, said it was clear storefront with bronze anodized frames facing Highway 111 . GAPIanningUanineJudy\ARC\1 Min utes\2016\161025min.docx Page 6 of 9 ` "y„ w U a^. J fiQ _ V) Z - � 0 o LULU o- _ Z t oz cn U m fF J Q < e c — -- Z z w F- 0 p U • O m r U Q cn Z J O N _ Z p .. ? .. 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