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HomeMy WebLinkAbout2017-06-06 PC Regular Meeting Agenda Packet CITY OF PALM DESERT REGULAR MEETING OF THE PALM DESERT PLANNING COMMISSION AGENDA TUESDAY, JUNE 6, 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 JUNE 6, 2017 A. MINUTES of the Regular Planning Commission meeting of May 16, 2017. Rec: Approve as presented. Action: B. REQUEST FOR CONSIDERATION to approve a Parcel Map Waiver application for a lot line adjustment at 73-450 and 73-500 Dinah Shore Drive (APNs 694- 060-011 and 694-060-012). Case No. PMW 17-063 (CarMax Auto Superstore California, LLC, Lakewood, Colorado, Applicant). Rec.- By Minute Motion, approve Case No. PMW 17-063. Action: VII. CONSENT ITEMS HELD OVER Vill. NEW BUSINESS None IX. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he or she raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Remarks shall be limited to a maximum of three minutes unless additional time is authorized by the Planning Commission. A. REQUEST FOR CONSIDERATION to approve a Conditional Use Permit to allow a 6,150-square-foot personal training studio at 41-900 Corporate Way, Suite 300; and adopt a Notice of Exemption in accordance with the California Environmental Act. Case No. CUP 17-068 (The Camp CV, LLC, Riverside, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2695, approving Case No. CUP 17-068. Action: 2 GAPlanning\Monica OReilly\Planning Commission\2017\Agenda\6£-17 agn.docx AGENDA REGULAR MEETING OF THE PALM DESERT PLANNING COMMISSION JUNE 6, 2017 B. REQUEST FOR CONSIDERATION to approve a Conditional Use Permit to allow clothing donation bins to be placed at 72-840 Highway 111; and adopt a Notice of Exemption in accordance with the California Environmental Quality Act. Case No. CUP 17-080 (TexGreen, Inc, Los Alamitos, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2696, approving Case No. CUP 17-080. Action: C. REQUEST FOR CONSIDERATION to approve an amendment to Precise Plan 16-124 for a new architectural design concept for Grafton's Restaurant, which includes a new 11,237-square-foot two-story building with a retractable roof and an outdoor patio located at 73-330 El Paseo. Case No. PP 16-124 Amendment No. 1 (MBH Architects, Alameda, California, Applicant). Rec: Waive further reading and adopt Planning Commission Resolution No. 2697, approving Case No. PP 16-124 Amendment No. 1. 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 2nd day of June 2017. Pn IL U/1a Monica O'Reilly, Recording Se r 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 GAPlanningWonica OReilly\Planning Commission\2017\Agenda\6-6-17 agn.docx CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM To: RYAN STENDELL, DIRECTOR OF COMMUNITY DEVELOPMENT From: BO CHEN, CITY ENGINEER Date: June 1, 2017 Subject: PARCEL MAP WAIVER NO. 17-063 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 17-063: Applicant: CarMax Auto Superstores California, LLC c/o Centerpoint Integrated Solutions 355 Union Boulevard, Suite 301 Lakewood, CO 80228 Property Owner: James Parkhouse, Trustee P.O. Box 2430 Bell Gardens, CA 90202 Representative: Michael Baker International 75-410 Gerald Ford Drive, Suite 100 Palm Desert, CA 92211 Al/ BO CHEN, P.E. CITY ENGINEER —Tl- City of Palm Desert /Department of Community Development 4 PARCEL MAP WAIVER 73-510 Fred Waring Drive• Palm Desert• California• 92260• (760) 346-0611 e Fax(760) 776-6417 Applicant: CarMax Auto Superstores California, LLC c/o Centerpoint Integrated Solutions Telephone: 720-445-4382 Mailing Address: 355 Union Boulevard, Suite 301 Fax number: City: Lakewood State: CO Zip: 80228 Email: gsaia@centerpoint-is.com Property Owner: James Parkhouse,Trustee of the James Parkhouse Revocable Living Trust dated 12/17/92 Telephone: Mailing Address: P.O. Box 2430 Fax number: City: Bell Gardens State: CA Zip: 90202 Email: Representative: Michael Baker International Telephone: 760-346-7481 Mailing Address: 75-410 Gerald Ford Drive, Suite 100 Fax number: City: Palm Desert State: CA Zip: 92211 Email: Please send correspondence to (check one): Applicant Property Owner X Representative Project Address(s): 73-450 and 73-500 Dinah Shore Drive Assessor Parcel Number(s): 694-060-011 and 694-060-012 Existing Zoning: Service Industrial General Plan Designation: APN 694-060-011 -Regional Commercial(C-R) - tress-Park(I-BF Project Request(describe specific nature of approval request): To adjust the property line between Parcel "B" of PMW 04-20 and Parcel 34 of PM No. 24255, PMB 206/94-99. Property Owner Authorization: The undersigned states that they are the owner(s) of the property described and herein give authorization for the filing of the application. Signature Print Name Date Applicant / Representative Signature: By signing this application I certify that the information provided is accurate. I understand that the City might not approve what I am applying for and/or might require conditions of approval. Sign,a ure Prin Name Date Property Owner Authorization: Agreement absolving the City of Palm Desert of all liabilities relative to any deed restrictions. I DO BY MY SIGNATURE THIS AGREEMENT absolves the City of Palm Desert of all liabilities regard' ny deed restri 'ons It m applicable to the property described herein. Si ur Print Name Date b,FCE USE ONLY PROJECT NO: PMW r;' -OG3 DATE: !�I-Z-q l ACCEPTED BY: EXHIBIT "A" PMW 17-063 LEGAL DESCRIPTION FOR A LOT LINE ADJUSTMENT JAMES PARKHOUSE — PALM DESERT, CA PARCEL `A' Being all of Parcel 34, as shown on Parcel Map No. 24255, on file in Book 206, Pages 94 through 99, inclusive of Parcel Maps, in the City of Palm Desert, County of Riverside, State of California, and a portion of Parcel "B" of Certificate of Compliance, Waiver of Parcel Map PMW 04-20, recorded on November 08, 2004 as Document No. 2004-0887571 in the office of the County Recorder of said County and State, more particularly described as a whole as follows: BEGINNING at the most easterly corner of said Parcel 34 of said Parcel Map No. 24255; Thence along the southeasterly line of said Parcel 34 South 43'11'44"West 373.12 feet to the northeasterly right-of-way line of Dinah Shore Drive, having a half-street width of 50.00 feet as shown on said Parcel Map No. 24255, said point also being the beginning of a non-tangent curve concave to the northeast and having a radius of 1950.00, a radial line of said curve from said point bears North 54'11'19" East; Thence northwesterly along said curve and northeasterly right-of-way line of Dinah Shore Drive through a central angle of 00005'42" an arc length of 3.23 feet to a point of reverse curvature having a radius of 2050.00 feet, a radial line of said curve from said point bears North 54'17'01" East; Thence northwesterly along said curve and northeasterly right-of-way line of Dinah Shore Drive through a central angle of 16032'13"an arc length of 591.68 feet; Thence leaving said northeasterly right-of-way line of Dinah Shore Drive North 35027'28" East 260.65 feet to the northeast line of said Parcel "B" of Certificate of Compliance, Waiver of Parcel Map PMW 04-20; Thence South 54°32'32" East 632.95 feet along the northeast line of said Parcel "B"and Parcel 34 of said Parcel Map No. 24255 to the POINT OF BEGINNING. CONTAINING 4.23 Acres, more or less. PARCEL `B' Being a portion of Parcel "B"of Certificate of Compliance, Waiver of Parcel Map PMW 04-20, recorded on November 08, 2004 as Document No. 2004-0887571 in the City of Palm Desert, County of Riverside, State of California, more particularly described as follows: BEGINNING at the northeast corner of Parcel "A"of said Certificate of Compliance, Waiver of Parcel Map PMW 04-20; Thence along the north line of Parcel "B"of said Certificate of Compliance, Waiver of Parcel Map PMW 04-20 South 89°59'21" East 182.84; Thence along the northeast line of said Parcel"B"South 54°32'32" East 200.78 feet to a point lying North 54°32'32"West, 632.95 feet from the easterly corner of Parcel 34 of Parcel Map No. 24255 on file in Book 206, Pages 94 through 99, inclusive, of Parcel Maps, Records of said County of Riverside; Page 1 of 2 Thence leaving said northeast line of Parcel "B"South 35°27'28"West 260.65 feet to the northeasterly right-of-way line of Dinah Shore Drive, having a half-street width of 50.00 feet as shown on said Parcel Map No. 24255, on file in Book 206, Pages 94 through 99, inclusive of Parcel Maps, Records of Riverside County, State of California, said point also being the beginning of a non-tangent curve concave to the southwest and having a radius of 2050.00 feet, a radial line of said curve from said point bears South 37°44'48"West; Thence northwesterly along said curve and northeasterly right-of-way line of Dinah Shore Drive through a central angle of 09*13'18"an arc length of 329.94 feet; Thence leaving said northeasterly right-of-way line of Dinah Shore Drive and along the northwest line of said Parcel "B" North 28°31'30" East 169.20 feet to the POINT OF BEGINNING. CONTAINING 1.90 Acres, more or less. AS SHOWN ON EXHIBIT"B" attached hereto and by this reference made a part hereof. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. This legal description and accompanying plat were prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors Act. 4M� f aristopher L. Alberts, PLS 8508 4�a`'��� �•,{��P� h'c .s /S �7 ► 71C W No. ae ao Date f Oj CAI\�� Page 2of2 EXHIBIT "B" PREPARED: MANY 5' 017 MBI JOB : 156730.001 P.M.W.T7-= LEGM pw QUITCLAIM DEED TO THE - - - ORIGINAL OR PRIOR LOT LINE TO BE REMOVED PCL 'B' COUNTY OF RIVERSIDE ORIGINAL OR PRIOR LOT LINE TO REMAIN NE COR REC. ON. J11812015 PER NEW LOT LINE PCL "A" DOC. NO. 2015-0108085, O.R. S89'59'21"E) �~) DENOTES RECORD DATA PER PMW 04-20, REC. ON NOV. 08, 2004 AS DOC. NO. 2004-0887571, O.R. (182.84') [�] DENOTES RECORD DATA PER PMB 206/94-99. o 00h ^�`�` PCL 'B' S2�, gp 4f �<v � 1.90 AC. (ys �9,p �/Oq�j,� . cF t \ ap9 98J a ti h o O Or r �g�391 9 �^``' ��� PARCEL "B" `1ssr O o \ 7S� 4 PMW 04-20 2psp0 APN 694-060-011 ���/ O F 6S2 p�y A311.44 48 PcL o \ Q 4.23 AC. 0 APN 694-060-012 N o �� �Osp PARCEL 34 N PUB 206194-99 \ �Q\\ gyp• o a o6• �6 ���O V � GEL 3A,99 Ld cn \>>• .�/ % �yp�� \o ��/ y�p� LAND �j o — / DER t f 4C 'rD� � U�2 Fj� \��, � 1� O�`'ypQ 9lm o L 8 4230 S� = No. 8508 �0-17 J+ Exp. 12/31/2018 e PARCEL "B" OF DOC. NO. 2004-0887571 JAMES PARKHOUSE, TRUSTEE OF THE AND PARCEL 34 OF PM NO. 24255, JAMES PARKHOUSE REVOCABLE LIVING 694-060-011 PMB 206/94-99 TRUST DATED DECEMEER 17, 1992 694-060-012 LOT ASSESSOR PARCEL NUMBERS ADJUSTMENT PLAT - CITY OF PALM DESERT PREPARED BY: APPLICANT: REVIEWED BY: CAf4W AUTO SUPERSTORES, INC. 12800 TUCKAHOE CREEK PARKWAY I N T E R N 10 N A L RICHMOND, VA. 23238 PROPERTY ADDRESS: RONALD MUSSER, PLS 4230 73-450 k 500 DINAH SHORE DRIVE EXP. 6/30/2018 DATE; ^/7 aISTOPFER L. ALBERTS, PLS 8508 DATE PALM DESERT, CA 92211 FOR CITY OF PALM DESERT CITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES • TUESDAY, MAY 16, 2017 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM,4ESERT, CA 92260 I. CALL TO ORDER Chair Nancy DeLuna called the meeting to,gr'dbr at 6:02 p.m: II. ROLL CALL Present: A, : Commissioner John Greenwo cl. Wice Chair Joseph Pradetto Commissioner Ron Gregory Commissioner Lindsay Holt Chair Nancy DeLuna Staff Present: Jill Tremblay,0ity Attornq Ryan Stendelfi,`Director;a �Cgrnmunity development Ericfa, Principal Planer Mont 'R,iJjy, A ffi nistrative Secretary III. "PLEDGE OF ALLEGIANCEp Catrnissioner Ror `SCregoryhled the Pledge of Allegiance. IV. SUMMARY OF _71t ACTION Mr. Ryan 5 4- ell, Director of Community Development, stated that the City Council approved Zoning Ordinance Amendment 17-028 to allow drive-through restaurants on arterial streets with a freeway interchange (or planned interchanged. However, it was amended to exclude Washington Street. Chair DeLuna asked if that was the City Council's final action. Mr. Stendell replied yes. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MAY 16, 2017 Commissioner Gregory commented that Carlos Ortega Villas is not on Washington Street. He questioned why the City Council is concerned with drive- through restaurants interfering with Carlos Ortega Villas. Mr. Stendell responded that a lot of effort was put into the circulation pattern in and around Carlos Ortega Villas in an attempt to make it more walkable. City Council's direction to staff was to not make it worse. He continued that the Council also approved a contract with a consultant to prepare a Master Plan for El Paseo. Lastly, the Council authorized City staff to issue a Request for Proposals to update the City's Economic DevelopmentrS rotegic Plan. Chair DeLuna asked if the Highway 111 corridor, &offically backing El Paseo, is included in the Fagade Enhancement Program. Mr. Stendell replied no. In the past, the GitY invested heavily on El Paseo. For the future, the City would likely look at inye ' in programs relating to Highway 111 and San Pablo Avenue, while still keeprng an eye on El Paseo. Commissioner John Greenwood mention6d th6t, h applicant proposed a Zoning Ordinance Amendment for dtive'. through rest rants on Washington Street. He asked what the applicant's ,',0[a6 _,are, now :ghat the City Council excluded Washington Street. Mr. Stendell respartc�d that staff does rtvt. huean answer. It is likely a developer willeralUet the Casey' , estaurant site, whether there is a drive- through restaurant or not': ,,g4 V. ORAL COMMUNICATIt,)N� n J Y k, None K ` VI, CONSENT CALENDAR,: `, X MINA UTES of the"Planning Commission meeting of April 4, 2017. Re&-; ?Approve�as;presented. f au. 2 B. REQUEST_ FOR CONSIDERATION to approve a Parcel Map Waiver application=-'for a lot line adjustment at 75-580 Gerald Ford Drive (APNs 694- 170-013, 694-170-014, 694-170-022, 694-170-023). Case No. PMW 17-49 (WNRA Palm Desert 103, LP, Irvine, California, Applicant). Rec: By Minute Motion, approve Case No. PMW 17-49. Chair DeLuna requested Item B be removed for separate consideration. 2 \\srv-fl2k3\groups\Planning\Monica OReilly\Planning Commission\2017\Minutes\5-16-17.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MAY 16, 2017 Upon a motion by Commissioner Greenwood, second by Commissioner Gregory, and a 4-0-1 vote of the Planning Commission, the remainder of the Consent Calendar was approved as presented (AYES: DeLuna, Greenwood, Gregory, and Holt, NOES: None; ABSENT: Pradetto). VII. CONSENT ITEMS HELD OVER A. REQUEST FOR CONSIDERATION to approve a Parcel Map Waiver application for a lot line adjustment at 75-580 Gerald, Ford Drive (APNs 694- 170-013, 694-170-014, 694-170-022, 694-170-023) Case No. PMW 17-49 (WNRA Palm Desert 103, LP, Irvine, California, Ali cant). Due to a potential conflict of interest, Chair DeLdt questined who the applicant is for Case No. PMW 17-49. y Mr. Stendell responded that this item ts'�iie result of a settlement agreement, which the City has been actively tryih to settle with an out-of-town developer related to the Taylor Woodrow developt��nt Iocat east of the California State University, San Bernardino Palm Desert Ci, ' 5} Chair DeLuna asked if the app cant is an affor8 housing developer. Mr. Stendell replied yes. " rw Chair DeLuna said she`'does not kriow:who the cJeVeloper is. She stated that the applicant is:similar to the name, location, and the nature of the industry of her employer. Therefore, outvan abundance of caution, she recused herself. Commissioner GrenwQotl rrioved.ta, by Minute Motion, approve Case No. PMW 17-49. MotoC was secon'c�d` by Commiss'r`oner Gregory and carried by a 3-0-2 vote (AYES �Gi e' nwoed .'Greg& nd Holt; NOES: None; ABSENT: DeLuna and Pradetto). Vill =NEW BUSINESS Non�,,r IX. PUBLICiEARINGS A. REQUESt tOR CONSIDERATION of architectural and landscape plans for a six (6)-unit single-family home subdivision located on a vacant 0.42-acre parcel at 45-734 Highway 74. Case Nos. PP/CUP/EA 15-223 & TTM 37292 (Ms. Mary Hsu, San Marino, California, Applicant). Mr. Eric Ceja, Principal Planner, presented the staff report (staff report is available at www.cityofpalmdesert.org). He referred to Condition of Approval No. 14. He said that a final Water Quality Management Plan (WQMP) is not required 3 \\srv-fil2k3\groups\Planning\Monica OReilly\Planning Commission\2017\Minutes\5-16-17.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MAY 16, 2017 for this project; therefore, staff recommended to strike Condition of Approval No. 14. Staff recommended approval and offered to answer any questions. Chair DeLuna asked what the access way and walkway space is for Lots 3 and 4, if someone is parked in the guest parking spaces. Mr. Ceja said the space is three and a half feet wide, which is the minimum between the property line wall and the home. People using the guest parking spaces may have to walk to Frontage Road and use the sidewalk to get access to the front door. Chair DeLuna inquired if the project would have Mk#rr1 fan palms. Mr. Ceja replied he did not think there woulq,, Mexican fariw palms. Commissioner Greenwood asked what#h reason to strike Condition of Approval No. 14 is. Mr. Ceja responded that a WQMP is a `tto,nd fd Department of Public Works condition for most projects This project s not meet the requirements; therefore, a WQMP is not nei aa" u Chair DeLuna inquired what thy; fencir�t r atenaI psi etween Lots 4, 5, and 6 along the outside perieter. =5 Mr. Ceja reppJf��that alorto;the proje� t perimeter there would be a block wall. On Frontage R.-_ staff is miring that the applicant builds the wall in a manner that is consk6 t with # rrq{ erty to':,iliq south. The walls in between the units would be ma Vinyt rice>. rt °aterial, which was approved by the Arcb#1ite i.,ra1 Re4 commission Akc' ). Chair DeLuna asked if its ,correct that the block wall at the back of the property goes to the top of the berm,'. Mr Ceja replied thatJs correct. Commisgi6n"er Qr6bnwood pointed to the retaining wall on the east side of the project. He asked if it is going to be a raw masonry or stucco wall. Mr. Ceja stated that he does not recall if the retaining wall would be stucco, but he does know that it would not remain as a masonry wall. Staff would require the applicant to paint or use a decorative block. Mr. Ceja commented that if Commissioner Greenwood had a concern with the wall, he can ask the applicant to clarify. 4 \\srv-fiQk3\groups\Planning\Monica OReilly\Planning Oommi5sion\2017\Minutes\5-16-17.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MAY 16, 2017 Commissioner Lindsay Holt asked if the existing landscaping that lies along the eastern boundary of the site belongs to the adjacent property. Mr. Ceja responded that it belongs to the adjacent property. He noted that it is an overgrown oleander bush that has spread beyond the property line. Commissioner Holt inquired if the oleander is going to be removed and replaced with new landscaping between the berm and the property line. Mr. Ceja replied yes. Commissioner Holt asked if there would be a hor eoVuiiers' association (HOA) to take care of the landscaping. Mr. Ceja replied that is correct. Commissioner Gregory commented ft is helpful therery is a similar project already constructed, which is a nice developm6�ht. He,r'6f f=ed to the landscaping and noted that Desert Museum trees grow, quit to approximately 40 feet in diameter. He felt it was a tiger species what should be used for this k project. He recommended the Oil Brea or the i noran Palo Verde trees, which do not grow as large or as qi okly.''Tk Agave fftat;.'is indicated on the plans is shown as one gallon, which is fib? small He Matedtra# the industry standard is a five-gallon Agave„�_ .astly, he stated tl t #h' Pennisetum is a great plant. However, for this;pr6�ect he does nod know if °would be maintained in a way where it is cu,, t-back ell year. JHe suggested a different plant that would probably last longer. Mr. Ceja noted t at Cer dint r cif Approva(No. 7 requires a final landscape plan to b reluved 4and .roved by thetpartment of Community Development. In kId Pion, al Plants sh, 114 be a minimum of five gallons and trees shall be a minimum of 24 trick box saes. GgrCnissioner Grerwood pointed to the north and south of the property line and a not n the site p't" indicating a "3'-6" High Planter Wall Separate Permit. See Civil.'- 'asked fgr,clerification on what the wall is. Mr. Ceja ssrid�he',ts not sure if it is the existing six-foot high property line wall, and deferred the question to the applicant. Commissioner Greenwood also asked if there is an established agreement between homeowners in terms of people not parking in the main driveway. Mr. Ceja responded that the HOA would have rules established in the Covenants, Conditions and Restrictions (CC&Rs). 5 \\srv-fil2k3\groups\Planning\Monica OReilly\Planning Commission\2017\Minutes\5-16-17.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MAY 16, 2017 Mr. Stendell interjected that the main driveway also serves as a fire lane. So there are a couple of different mechanisms to keep people from parking in the main driveway. Chair DeLuna declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. MR. JEFF MORSTEIN, representative for Ms. Mary Hsu, Murrieta, California, stated he has worked in Palm Desert in the past. He built Lantana and Palmira developments off of Deep Canyon Road and Fred Wan69 'Drive. He felt that the City would be happy with the proposed project Hi� offered to answer any questions. t Commissioner Greenwood asked what type;gf material w641d be used on the wall located at the east side of the property r ` MR. MORSTEIN replied that it wouldbe"=a stucco block wall. Commissioner Greenwood asked staff if the waltwould be reviewed by the ARC. Mr. Ceja replied yes. K,. Commissioner Greenwood asked what tote ,Irntont is r:the planters on the north and south of the propet MR. MORST IN said Ifib intent`' s to create private patio space for the homeowner, 31 " Commissioner Grben- oo-Woo i m nted, that there might be a discrepancy with the # 1a He s } e sees it on landscape plans; however, no plantings are howh" �F After looking at t ite planO,ore closely, MR. MORSTEIN stated he would have to,check with his architect and civil engineer. Commis ►Qner Holt .assumed that the drainage plan would be similar to the existingptpject to �ttie south. She asked if the materials used for the driveway would be simlor.too. MR. MORSTEIN responded that they debated using stamped-colored concrete or pavers. He stated that they will work with staff to make sure materials used for the driveway is acceptable. Commissioner Holt commented that she really liked the look of the existing driveway to the south. 6 \\srv-fil2k3\groups\Planning\Monica OReilly\Planning Commission\2017\Minutes\5-16-17.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MAY 16, 2017 MR. MORSTEIN communicated that they will not use black asphalt. MS. MARY HSU, applicant, San Marino, California, stated that they were fortunate to work with very good staff to help guide them to design a project that would be compatible with the community. She offered to answer any questions. With no further testimony offered, Chair DeLuna declared the public hearing closed. Commissioner Gregory commented that making a decision on this project is easy because it is continuing from what was done before, whlch'was done very well. Commissioner Holt agreed with Commissioner Gr� ory and had no additional comments or questions. Chair DeLuna thanked the applicant. .. They did a very goad job with the architecture and conforming to the neig",bbrhood. She also thainked the applicant for being very detailed and working with staff and the-ARC. Commissioner Greenwood asked ifIhe `6otion should include staff's .N recommendation to strike Coridition of Apprdvaf 0. 14. Mr. Stendell replied yes. In addf#ion; off th_ Planni't Commission feels strongly in regard to the type of species to bo used filar ta�dscaoieherecommended adding them to the Condit�ots of Approval. However,if the Commission prefers that staff work with the ap Itaht, tk�en Corzditrgi�t' of Approval No. 7 would handle those concerns Chair DeLuna eked if ttF�apning Corraymission needs to specify the block wall to be stuccoed Mr Stendell replied yes,; it would be helpful to have clarity. Commissioner GreJenwood8moved to waive further reading and adopt Planning Commis io n Resolution hficr. 2694`approving Case Nos. PP/CUP/EA 15-223 and TTM 37292, witht following at,endment(s) and/or condition(s): 1) strike the Department of Public Works ��ndition c ;Approval No. 14; 2) newly constructed block walls shall be stuccoed, meet r iteoturaI guidelines, and reviewed by the ARC; and 3) Condition of Approval No. 7 comments made by Commissioner Gregory. Motion was seconded by Comirnissioner Holt and carried by a 4-0-1 vote (AYES: DeLuna, Greenwood, Gregory, and Holt; NOES: None; ABSENT: Pradetto). Chair DeLuna thanked the applicant for choosing to do business in the City of Palm Desert. 7 \\srv-fil2k3\groups\Planning\Monica OReilly\Planning Comm issioM2017\Minutes\5-16-17.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MAY 16, 2017 X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner Holt reported that the Art in Public Places Commission (AIPP) approved a new sculpture to be installed at the De'abtt Crossings Shopping Center to replace the previous sculpture that was tndalized. AIPP discussed artwork to be placed in the Palm Desert Commu-J_ hey also discussed ways in which to increase interest in next year's and essay contest since they had fewer applicants this year. Lastly, , they' discusser keeping Desert X installations in Palm Desert longer than Aril 3'0. B. PARKS & RECREATION Mr. Stendell reported that the YMCA of th" Dert provided an update in regard to Easter in the Civic Center,f?-ark. Friends oft 6 Desert Mountains also provided an update on a valley-wide tri['prc►gram. XII. COMMENTS Chair DeLuna c0rnnle d that the sty spent more than two years updating the General Play the woulcfikee to kndways the Planning Commission could help to ensure tft 4'they are keying an e`y _en the_long-term vision. For instance, the General Plah,iOows a,"'P transfom Highway 111 into a boulevard, with new landscaping and ;bike lames x,H� dpes.°a project in the General Plan become a reality >k, A, Mr. Stendell r'e sPonded that in the short term, City staff would present projects through the Caprtlmprbvents Projects budget to the City Council. Some of the provements tit come through the General Plan would happen through the deveiep�ment proces�'s. However, there are going to be a lot of improvements wheree City mayK uve to step up and look at a long-range funding plan. He u noted thy, the Sari"Pablo Avenue and Presidents Plaza improvements made its way into the arital Improvements Projects budget this year. Chair DeLuna announced that the American Planning Association Inland Empire Chapter is having an awards dinner on Thursday, May 18 in Riverside. The City is receiving an award for the General Plan. Mr. Stendell stated the City has received the Comprehensive General Plan of the Year Award for jurisdictions under 100,000 residents. The Inland Empire Chapter recommended that Palm Desert submit for the statewide American Planning 8 \\srv-fil2k3\groups\Planning\Monica OReilly\Planning Commission\2017\Minutes\5-16-17.docx PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION MAY 16, 2017 Association award. He mentioned that the Congress for the New Urbanism awarded the Form-Based Codes Driehaus Foundation Award for the Palm Desert University Neighborhood Specific Plan. Chair DeLuna expressed that the awards the City has received is a reflection that others have recognized the good work the City has done. Congratulations to everyone involved! XIII. ADJOURNMENT With the Planning Commission concurrence, 'DeLuna adjourned the meeting at 6:45 p.m. yf, NAND' DE LUNAR CHAIR ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNII OQMMISS4ON"R fi MONICA O'REILLY'RECORDINC"SECRETARY T {ut 9 \\srv-fil2k3\groups\Planning\Monica OReilly\Planning Commission\2017\Minutes\5-16-17.docx CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW A 6,150-SQUARE-FOOT PERSONAL TRAINING STUDIO AT 41-900 CORPORATE WAY, SUITE 300; AND ADOPT A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT SUBMITTED BY: Heather Buck, Assistant Planner APPLICANT: The Camp CV, LLC 2900 Adams Street, Suite Al Riverside, CA 92504 CASE NO: CUP 17-068 DATE: June 6, 2017 ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2695 2. Legal Notice 3. Notice of Exemption (CEQA) 4. Exhibits Recommendation Waive further reading and adopt Planning Commission Resolution No. 2695, approving a Conditional Use Permit (CUP) for a 6,150-square-foot personal training studio use located at 41-900 Corporate Way, Suite 300; and a Notice of Exemption under the California Environmental Quality Act (CEQA). Executive Summary Approval of staff's recommendation will allow a personal training studio to operate in a portion of an existing building in the Service Industrial district located southwest of Cook Street and Hovley Lane East. A CUP is required for this use in the Service Industrial zone. All CUPs require approval from the Planning Commission. Staff Report Case No. CUP 17-068 The Camp CV, LLC Page 2 of 5 June 6, 2017 Background A. Property Location: The subject property is located at 41-900 Corporate Way, Suite 300. There is only one other tenant in the building besides the proposed personal training studio. The property is surrounded by service industrial business parks. B. General Plan and Zoning Designations: General Plan: Employment Zone: SI, Service Industrial C. Adjacent Zoning and Land Use: North: Zone SI, Service Industrial South: Zone PR-14, Planned Residential, 14 units per gross acre (Hovley Gardens) East: Zone SI, Service Industrial West: Zone SI, Service Industrial Project Description The applicant is requesting approval of a CUP to operate a personal training studio in an existing Service Industrial zoned building. The Camp CV, LLC provides coaching and nutrition education services to customers. The applicant proposes a variety of class times Sunday through Saturday, generally before the workday begins and after the workday ends. A floor plan of the existing space layout is attached in the exhibits. The Camp would occupy Suite 300 and would use the rooms labeled "storage"for weight lifting, cardio, and nutrition education, respectively. The project includes a change in use and no interior improvements. Analysis A. Site Plan & Building Design: The existing building is approximately 21,000 square feet in size and is located at the corner of Corporate Way and 42"d Avenue. The building was built over 20 years ago and no changes are proposed to the exterior of the building as part of this project. GAPlanning\Heather Buck\Case Files\CUP\CUP 17-068 The Camp CV at 41900 Corporate Way\2017-06-06 PC-Staff Report The Camp.doc Staff Report Case No. CUP 17-068 The Camp CV, LLC Page 3 of 5 June 6, 2017 B. Land Use Compatibility: The subject property is zoned Service Industrial (SI). The intent of this zone is to allow for the manufacture, distribution, and service of products intended for use within the City and adjacent communities. Health clubs, gyms, or studios are permitted in this zone, subject to approval of a CUP. A CUP is required to assure there is adequate parking and land use compatibility. Although the use is not service industrial in nature, the business will not interfere with parking or the normal conduct of the adjacent businesses. Therefore, the proposed use is compatible with the other industrial uses. Additionally, it may be considered that locating a gym adjacent to an employment oriented zone would allow employees who work in the vicinity convenient access to the gym with minimal vehicle miles traveled. Lastly, the proposed use is located adjacent to a housing development and residents of the development may benefit from the adjacent use. The location of this use in this area promotes walkability, which is a key component of the City's General Plan. C. Circulation: Access to the building remains unchanged, and there is no impact to existing vehicle circulation. The site has driveway access from both 42"d Avenue and Corporate Way. D. Parking: There are 30 parking stalls on the parcel and ample parking available along the street. The parking requirement for gym use is four(4) stalls per 1 ,000 square feet. The suite the applicant intends to occupy is 6,150 square feet in size. The total parking required for this use is 25 parking spaces. The adjacent use is an industrial use that requires two (2) parking stalls per 1,000 square feet. The applicant intends to have class sizes of 15-20 students with two (2) to three (3) employees on-site at once. Additionally, personal training classes will only be held from 4:00 a.m. to 9:00 a.m. and from 4:00 p.m. to 8:00 p.m. The hours for the adjacent business on the site are generally 7:00 a.m. to 5:00 p.m., so it is not expected that both uses would have peak parking needs simultaneously. Lastly, ample street parking is available in the area. G:\Planning\Heather Buck\Case Files\CUP\CUP 17-068 The Camp CV at 41900 Corporate Way=17-06-06 PC-Staff Report The Camp.doc Staff Report Case No. CUP 17-068 The Camp CV, LLC Page 4of5 June 6, 2017 To support the above assumptions, staff conducted a parking study of the property.The results are listed below: Date Time Stalls Occupied Stalls Available Monday, May 22 8:58 a.m. 21 9+ Tuesday, May 23 9:47 a.m. 20 10+ Wednesday, May 24 9:06 a.m. 18 12+ Thursday, May 25 12:02 p.m. 14 16+ Thursday, May 25 4:30 p.m. 14 16+ Tuesday, May 30 2:33 p.m. 13 17+ Average available 17 13+ parking stalls + Indicates additional on street parking available. The applicant has been in operation during the processing of this CUP as they were unaware they needed a permit for such activity until City staff informed them of this requirement. Therefore, the parking counts reflect the parking needs of the existing business and the gym use. The parking study concluded that an average of 13 parking spaces are available during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday when the adjacent business would be open. The later evening hours and early morning hours would not pose a parking problem, as the adjacent business closes around 5:00 p.m. daily. Sufficient parking along the streets is available immediately adjacent to the proposed location. As part of the CUP, the Planning Commission may modify the parking requirements for a use upon considering the following: • Parking demand generated by use in relation to other uses in the area. • Hours of operation of said use in relation to hours of operation of other uses in the area. • Relationship of the type of use to other uses in the area. • Other factors. Staff supports this use and believes parking is sufficient. 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 According to the CEQA, staff must determine whether a proposed activity is a project subject to CEQA. The Director of Community Development has determined that the proposal GAPlanning\Heather Buck\Case Files\CUP\CUP 17-068 The Camp CV at 41900 Corporate Way\2017-06-06 PC-Staff Report The Camp.doc Staff Report Case No. CUP 17-068 The Camp CV, LLC Page 5 of 5 June 6, 2017 to operate a personal training studio at this location has no potential to cause a significant adverse impact on the environment. Therefore, CUP 17-068 meets the criteria to be exempt from CEQA pursuant to Section 15061(b)(3) which states "that if an activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." 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 Stend4fl, Director of Community Development GAPlanning\Heather Buck\Case Files\CUP\CUP 17-068 The Camp CV at 41900 Corporate Way\2017-06-06 PC-Staff Report The Camp.doc PLANNING COMMISSION RESOLUTION NO. 2695 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 CONDITIONAL USE PERMIT TO ALLOW A 6,150-SQUARE-FOOT PERSONAL STUDIO AT 41-900 CORPORATE WAY, SUITE 300 CASE NO: CUP 17-068 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of June 2017, hold a duly noticed public heaping to consider the request by The Camp CV, LLC, for approval of the above noted,-and WHEREAS, the parcel is located in the Service Industrial (SI) zoning district, which allows "health clubs, gyms, or studios" as permitted uses subject to approval of a Conditional Use Permit; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act (CEQA)," Resolution No. 2015-75, the Director of Community Development has determined that the project has no potential to cause a significant adverse impact on the environment; therefore, meets the criteria to be; exempt from CEQA pursuant to Section 15061(b)(3) which states "that if an activity is covered ley the general rule that CEQA applies only to projects which haue the potential for causing a significant effect on the environment and where it can be<,Seen with certainty that there is no possibility that the activity in question may have e significant effect on the,environment, the activity is not subject to CEQA;" and WHEREAS at saw"public hearing, ut hearing and considering all testimony and argumer si if any .all int6rdsted persons desiring to be heard, said Planning Commission the following fac did find ts and.reasons to exist to justify approval of the said request. FINDINdS OF APPROVAL: 1. That to proposed,location of the conditional use is in accordance with the objectives of the,.Z6hing Ordinance and the purpose of the district in which the site is located, The zoning designation for this property is Service Industrial (SI), which allows for the manufacture, distribution, and service of products intended for use within the City and adjacent communities. Although the use is not service industrial in nature, the business will not interfere with parking or the normal conduct of the adjacent businesses. Classes operate from approximately 4:00 a.m. to 10:00 a.m. and from 4:00 p.m. to 8:00 p.m. daily, generally occurring before and after normal business hours when most service businesses are closed. PLANNING COMMISSION RESOLUTION NO. 2695 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 personal training studio would not create a public nuisance in terms of parking shortages and will meet all applicable requirements of the building code. Therefore, the use will not be detrimental to general public health, safety or welfare, or be materially injurious to properties.or improvements in the vicinity. 3. That the proposed conditional use will comply avdh each of the applicable provisions of this title, except for approved variandes oradjustments. The proposed use is consistent with the intent of the Zoning Ordinance since it generally operates outside of the standard business hours far the Service Industrial district. No variances or adjustments are required for apprvval. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City's general plan. The General Plan land use d6sihbn for the site is "Employment District." The intent of the employment distr is to pfPvide a � variety of office-intensive activity that could include some man Iufact rig along with research and development opportunities. Allowed land uses include a wide variety of office and limited commercial activity along with multi-family dwellings organized along walkable str'eetscapes. Uses would include professional and medical office, and traditional business parks; The business; will be compatible with the surrounding land uses, and the proposed!hours of'"se would effectively use this center at times when most b6sinesses are closed. 7`his use supports Goal ,,Policy 2.12 (Destination Accessibility) of the Land Use and Community Oharacter chapter of the General Plan by providing amenities within a '/a mile of , residential development. Additionally, General Plan, Land W6 and Communi Oharacter Goal 4 states that the intent of each District is to create, "series of unique, destination oriented districts that provide space for large-format reta , rndustrial and resort uses in order to increase access to jobs, provide amenities for residents, and enhance the fiscal stability of the City." The personal trah*g studio will provide a compatible use and an amenity for residents and nearby employees. 2 PLANNING COMMISSION RESOLUTION NO. 2695 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 Conditional Use Permit 17-068, subject to conditions. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on tis.6th day of June 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: NANCY DELUNA, CHAIRPERSON ATTEST: RYAN' STENDELL'rrrSECRETAlF1Y PALM DESERT PLANNING COMMISSION 3 PLANNING COMMISSION RESOLUTION NO. 2695 CONDITIONS OF APPROVAL CASE NO. CUP 17-068 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. Any proposed changes to this Conditional Use Permit will require an amendment to the application, which will result in a new public hearing. 3. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: • City Fire Marshall • Department of Building and Safety Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building and Safety at the time of issuance of a building permit for the use contemplated. DEPARTMENT OF BUILDING AND SAFETY. 4. This project shall cornpiy wttlt the latest adapted edifionof the following codes: A. 2016 California Building Code and its appendices and standards. B. 2016 California Plumbing Code and its appendices and standards. C. 2016 California Mechanical Code and'its appendices and standards. D. 2016 California Electrical Code. 2016 California Energy Code. F.` 2016 Califomia Green Building Standards Code. G,. 2016 California Administrative Code. W1.2016 California Fire Code and its appendices and standards. 5. Plans are . required to! be submitted for this change of use. Please see attached "Tenant Improbement"checklist for submittal requirements. 6. Existing use was established as a B/S1, the proposed use will be B/A-3. 7. Provide a floor plan identifying the uses of each separate space in order to determine total occupant load for the proposed project. 8. Submit an exit plan that labels and clearly shows compliance with all required egress features such as, but not limited to, common path of travel, required number of exits and separation, occupant load, required width, continuity, travel distance, elevators, etc. CBC 1001.1. 4 PLANNING COMMISSION RESOLUTION NO. 2695 9. Provide analysis to show compliance with minimum plumbing facilities for the change of use for the proposed project. CPC Section 422.0 and Tables 422-1 and Table A (Occupancy is determined using the CBC). 5 CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 17-068 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 OF A CONDITIONAL USE PERMIT FOR A 6,150-SQUARE-FOOT PERSONAL TRAINING STUDIO LOCATED AT 41-900 CORPORATE WAY, SUITE #300 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 exempt from CEQA pursuant to Section 15061(b)(3) which states "that if an activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." Project Location/ Description: Project Location: 41-900 Corporate Way, Suite #300 Project Description: A Conditional Use Permit application has been submitted for the use of 41-900 Corporate Way, Suite #300, for a personal training studio. Recommendation: Staff is recommending approval of the personal training studio use at this location, subject to conditions. Public Hearing: The public hearing will be held before the Planning Commission on June 6, 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 May 27, 2017 to June 6, 2017. Public Review: The Conditional Use Permit 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, the 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 May 27, 2017 Palm Desert Planning Commission NOTICE OF EXEMPTION TO: FROM: City of Palm Desert ❑ Office of Planning and Research 73-510 Fred Waring Drive Palm P. O.Box 3044,Room 113 Desert,CA 92260 Sacramento,CA 95812-3044 ® Clerk of the Board of Supervisors ?724 Gateway Dr,Riverside, or CA 92507 County Clerk County of: Riverside 1. Project Title: The Camp CV, LLC Conditional Use Permit 2. Project Applicant: The Camp CV,LLC 3. Project Location—Identify street address and 41-900 Corporate Way,#300 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 open a personal training studio in of Project: an existing building. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the The Camp CV,LLC 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. State type and section number: (e) ❑ Declared Emergency. (Pub.Res.Code§ 21080(b)(3); State CEQA Guidelines § 15269(a)) (f) ❑ Statutory Exemption. State Code section number: (g) ® Other. Explanation: General Rule—Section 15061(b)(3) 9. Reason why project was exempt: The project has no potential to cause a significant adverse impact on the environment. 10. Lead Agency Contact Person: Heather Buck,Assistant Planner Telephone: (760)346-0611 Notice of Exemption FORM `B" 11. If filed by applicant: Attach Preliminary Exemption Assessment(Form"A")before filing. 12. Has a Notice of Exemption been filed by the public agency approving the project? Yes ❑ No❑ 13. Was a public hearing held by the lead agency to consider the exemption? Yes® No❑ If yes, the date of the public hearing was: June 6, 2017 Signature: Date: Title: ® Signed by Lead Agency ❑ Signed by Applicant Date Received for Filing: (Clerk Stamp Here) Authority cited: Sections 21083 and 21100,Public Resources Code. Reference: Sections 21108, 21152, and 21152.1,Public Resources Code. Notice of Exemption FORM`B" o wpa'iivwp�tl�rvp eapavepaary .i tlw3 9021'6p4'°9L:arvpwd � L❑J ECIZZ6 VINUD311VO'DIO Q NI �3AItl VAOavd ILV-13 t, O ---- w ❑ °C ❑ 09ZZ6 'Vo '.La3S3o — d ❑ F -- °JNIli VLla - NSIS3a '1V11N3a15321o° wVM 3lvaodao3 oa6•Ib ❑ yl ❑(_ �W W -3Z1VM/331.J-IQ AVM •dt103 u I UJ 8 30 --I �J- 3 1 � � ❑ f- Q :1�3road El N ❑ = 5 ° Q U o 00 0 ° � 0 a s a*e r ❑v ❑ o N 1 " tY Z1 N 1 11) �� •�'"" �' av o o In a v_ Nd1d 311S aaop•a aw.wa:.e ,{N.ad 31111 L33 H S j�— �C w I nl w� wa w"� I Nn I NIVI-13a O1 GA—G 9N-Vd 9Nuslx3 8 z 17 u- �%zo z� zo as •`w,3� � � $� �o WN1- nr I 3 i ~ a rg+ aa���� • � �1s� N j � ,�,'� siN-3u� �oia �aid I n t 4� Is ` J ry 1 LA Ll a � cl LLj ` o --- - ---- — �` y9 s y / x, \� i 5� Xq NLL /` �y Pf x g a x N ip xx \ \\ \\ \ \ \ xx x r < i .< \ � v� ,r �He T \ .ram_ A , F I �. 3�or 1�4z E_ w az rsa a� d 4 r (� �-I LAL' ( _ 1~� W� _>a °z i M WO w K '3.OL Lb.60'N udo 3NI-I a3aa All naxo u�ia3wnor- O `I = CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW CLOTHING DONATION BINS TO BE PLACED AT 72-840 HIGHWAY 111 ; AND ADOPT A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT SUBMITTED BY: Heather Buck, Assistant Planner APPLICANT: TexGreen, Inc. 10865 Portal Drive Los Alamitos, CA 90720 CASE NO: CUP 17-080 DATE: June 6, 2017 ATTACHMENTS: 1. Draft Planning Commission Resolution No. 2696 2. Legal Notice 3. Notice of Exemption (CEQA) 4. Exhibits Recommendation Waive further reading and adopt Planning Commission Resolution No. 2696, approving a Conditional Use Permit (CUP) for two clothing donation bins to be placed at 72-840 Highway 111 ; and a Notice of Exemption under the California Environmental Quality Act (CEQA). Executive Summary Approval of staff's recommendation will allow two clothing donation bins to be located in the Westfield Palm Desert parking lot. A CUP is required for this use in the Planned Regional Commercial (PC-3) zone as this land use is not specifically identified in the Use Matrix for Commercial and Industrial Districts. All CUPs require approval from the Planning Commission. Staff Report Case No. CUP 17-080 Clothing Donation Bins at Westfield Page 2 of 4 June 6, 2017 On March 1, 2016, the Planning Commission made a"use determination"allowing clothing donation bins in Commercial and Industrial zones subject to approval of a CUP. This use determination was granted along with approval of CUP 16-011 for a donation station at Westfield Palm Desert. Background A. Property Location: The subject property is located at 72-840 Highway 111 (Westfield Palm Desert). The proposed location of the two bins is in the parking lot northeast of the Buffalo Wild Wings restaurant. This portion of the Westfield parking lot is in an underutilized area and placement of the bin does not interfere with vehicle circulation in the vicinity. B. General Plan and Zoning Designations: General Plan: Regional Retail Center Zone: PC-3, Planned Regional Commercial C. Adjacent Zoning and Land Use: North: Zone PC-3, Planned Regional Commercial (Westfield Palm Desert) South: Zone PC-3, Planned Regional Commercial (Palms to Pines West) East: Zone D-O, Downtown Core Overlay (First Bank) Zone DE-O, Downtown Edge Transition Overlay (Walgreens) West: Zone PC-3, Planned Regional Commercial (Westfield Palm Desert) Project Description The applicant is requesting approval of a CUP to place two clothing recycling bins in the parking lot of Westfield Palm Desert, just north of Buffalo Wild Wings. The clothing recycling bins allow residents to donate items, such as clothing and shoes at a safe and convenient location. Each bin is 3.5' x 3.5' x 7' in size and green in color. Up to three bins may be conveniently placed within one parking stall, leaving half of the stall empty. People will still have plenty of room to get to the bins and use them even with a vehicle parked in the adjacent stall (refer to attached exhibits). GAPlanning\Heather Buck\Case Files\CUP\CUP 17-080 Clothing Donation Bins at Westfield\2017-06-06 PC-Staff Report Clothing Donation Bins.doc Staff Report Case No. CUP 17-080 Clothing Donation Bins at Westfield Page 3 of 4 June 6, 2017 Analysis A. Site Plan & Building Design: Westfield Palm Desert is a regional mall that is nearly one million square feet, located on 62 acres. The applicant requests to place the donation bins in a portion of the existing parking lot. The bins are proposed to be located in an underutilized portion of the parking lot north of Buffalo Wild Wings. No other improvements are proposed. B. Land Use Compatibility: The subject property is zoned PC-3, Planned Regional Commercial. The intent of this zone is to provide a unified area for commercial uses which offer a wide range of goods and services, including retail uses, financial institutions, entertainment, and cultural recreational uses. Clothing donation bins are not specifically addressed in the Palm Desert Municipal Code and are, therefore, subject to approval of a CUP. A CUP is required to assure there is adequate parking and land use compatibility. Previously, the Planning Commission has made a"use determination"allowing clothing donation bins in Commercial and Industrial zones, subject to approval of a CUP. The footprint of the donation bins falls within one parking stall and the property is conveniently located in the heart of Palm Desert. The donation bins will not interfere with parking or the normal conduct of the adjacent businesses.Therefore,the proposed use is compatible with the adjacent uses. Minimal to no disruption of adjacent businesses is expected. While, minimal visibility of the bins from Highway 111 or Monterey Avenue is possible, the size of the bins makes them very unobtrusive. The proposed donation bins will be unattended. However, the applicant has selected a small bin size to accommodate more frequent pick ups (2-3 times per week), which will allow the applicant to monitor the site more frequently and make sure the area is not accumulating unwanted debris and donations. Additionally, each bin has a phone number, where the applicant can be reached 24/7, 365 days a year and Westfield staff will monitor the site as well. C. Circulation: Access to the donation bins is served by existing drive aisles. The bins will not impact existing vehicle circulation. Up to three bins may be conveniently placed within one parking stall, leaving half of the stall empty. People will still have plenty of room to get to the bins and use them even with a vehicle parked in the adjacent stall. GAPlanning\Heather Buck\Case Files\CUP\CUP 17-080 Clothing Donation Bins at Westfield\2017.06.06 PC-Staff Report Clothing Donation Bins.doc Staff Report Case No. CUP 17-080 Clothing Donation Bins at Westfield Page 4 of 4 June 6, 2017 D. Parking: The applicant proposes to use an underutilized portion of the existing parking lot. Sufficient space is available for pick up (by the vendor) and drop off (by the resident). 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 According to the CEQA, staff must determine whether a proposed activity is a project subject to CEQA. The Director of Community Development has determined that the proposal to place donation bins at this location has no potential to cause a significant adverse impact on the environment. Therefore, CUP 17-080 meets the criteria to be exempt from CEQA pursuant to Section 15061(b)(3) which states "that if an activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." Staff is recommending that the Planning Commission adopt a Notice of Exemption for the purposes of CEQA. Submitted By: A Heather Buck, Assistant Planner Department Head: -Ow Ryan Stendell, Director of Community Development GAPlanning\Heather Buck\Case Files\CUP\CUP 17-080 Clothing Donation Bins at Westfield\2017-06-06 PC-Staff Report Clothing Donation Bins.doc PLANNING COMMISSION RESOLUTION NO. 2696 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 CONDITIONAL USE PERMIT TO ALLOW CLOTHING DONATION BINS TO BE PLACED AT 72-840 HIGHWAY 111 CASE NO: CUP 17-080 WHEREAS, the Planning Commission of the City of Palmy Desert, California, did on the 61h day of June 2017, hold a duly noticed public hearing to consider the request by TexGreen, Inc., for approval of the above noted; and WHEREAS, the Planning Commission of the City of Palm Desert, California did, on the 1st day of March 2016, review a reques# in accordance with Palm Desert Municipal Code Section 25.72.020 "Use Determinations" and Section 25.72.050 "Conditional Use Permits" and determined that similar types of uses, including recycling collection centers, existing within the City and are compatible with large"r-11commercial shopping centers; and WHEREAS, the parcel is located in the Planned, Regional Commercial Center (PC-3) zoning district, a large comrnercia shopping beater and sufficient space is available to accommodate the placement of the structures; and WHEREAS, Thee O01311cil of the City of Palm Desert, has adopted the "City of Palm Desert Envirqr#ier tal SO nability.Plan" on February 11, 2010, which contains goals to increase tie"City's diversion rate"into local landfills and that this proposal will aid in achieving this dal; WHEREAS, said application has complied with the requirements of the "City of Palm C 1rocure for 1plementation of the California Environmental Quality Act (CE ► Resolution Flo. -75, the Director of Community Development has deterned that the profit has' Potential to cause a significant adverse impact on the environment and therefor meets the criteria to be exempt from CEQA pursuant to Section 15061,(b)(3) which , #ates "that if an activity is covered by the general rule that CEQA applies bnly to prof which have the potential for causing a significant effect on the environment and when;it can be seen with certainty that there is no possibility that the activity in question , nay tiave a significant effect on the environment, the activity is not subject to CEQA;" a i WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify approval of the said request. PLANNING COMMISSION RESOLUTION NO. 2696 FINDINGS OF APPROVAL: 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 zoning designation for this property is Planned Regional Commercial Center (PC-3), which provides a unified area for commercial uses which offer a wide range of goods and services, including comparison and.,convenience shopping. Other similar accessory commercial uses, including reo g collection centers, are located in planned commercial centers bece� �of excess parking and convenience for residents. 2. That the proposed location of the conditionaf,lusd and the editions under which it would be operated or maintained will rTOt bie detrimental t dkhe public health, safety, or welfare, or be materially injufa to properties or im "Ip ' ments in the vicinity. The donation station will be located in an tndepu tized portion of the parking lot. The bins will be placed within �one parking #; h`leaving alf of a parking space empty so the neighboring pgj?M mace can `used safely and people will still have access to the bins. The 66M of the not impact pedestrian or vehicular traffic at the site. The €anation will be, viced regularly (2-3 times per week) to mono#r.the condit n of ft nd the surrounding area. Any debris or damage+fan De responded t� by mall ed<brity or the applicant within 24 hours. Therefore, this use will not ;te detrimental to public health, safety, or welfare, or hhaIbrially injud6&s to properties or improvements in the vicinity. 3. That the pro al' use will comply with each of the applicable prove of this title, except for approved variances or adjustments. die proposed.. e is shbiOr to other uses within commercial shopping centers. the donation station corripl qs with development standards for the zoning district a it is set back frtM the Or line at a distance greater than its height, and the Eight of the bins does not exceed that permitted by the zoning district. The placetwt of the bans will not impact pedestrian or vehicular traffic at the site and no variance or adjtments are required. 4. That the proposed conditional use complies with the goals, objectives, and policies of the City's general plan. The donation station does not interfere with circulation at the site and compliments the commercial uses in the vicinity. The station is conveniently located to meet the community's needs and does not disrupt existing operations at the site. The use complies with the goals and policies of the City's General Plan by making use of an underutilized portion of the site by conveniently locating another auto-oriented use (Policy 2.10, Land Use and Community 2 PLANNING COMMISSION RESOLUTION NO. 2696 Character) in the auto-oriented parking lot. The use also supports the City's Sustainability Plan by providing additional locations for recycling of goods. 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 Conditional Use Permit 17-080, subject to conditions. PASSED, APPROVED, AND ADOPTED by the Plennin Commission of the City of Palm Desert, California, at its regular meeting held on this a day of June 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: NANCY DELUNA, CHAIRPERSON ATTEST: RYAN MNDELL, SEG�ETARY PALM DESEF3T PLAN COMMISSION 3 PLANNING COMMISSION RESOLUTION NO. 2696 CONDITIONS OF APPROVAL CASE NO. CUP 17-080 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The improvements, placement, and design of the donation bins shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. Any proposed changes to this Conditional Use Permit will, require an amendment to the application, which will result in a new public hearing. 3. The placement of the donation bins shall not interfere with vehicular traffic patterns at the site. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first -obtain permits and/or clearance from the following agencies: • City Fire Marshall • Department of Building and Safety Evidence of said permit or clearance from the above agencies shall be presented to the Department of Bul�ng and Safe#y at the #ime +0 issuance of a building permit for the use contemplatet ` 5. The applicant sba11 monitor the site and a[I debris, graffiti, and left out items shall be cleared and removed from,tf ;si#e within 24 hours. 6. Bins to be Aept.,in a dean and like new condition. Applicant to repair or replace unity within 24,ours.darged 7. Applicant to post contact phone number on each bin. 4 CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 17-080 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 OF A CONDITIONAL USE PERMIT FOR CLOTHING DONATION BINS LOCATED AT 72-840 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 exempt from CEQA pursuant to Section 15061(b)(3) which states "that if an activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." Project Location/Description: Project Location: 72-840 Highway 111 (Westfield Mall parking lot) Project Description: A Conditional Use Permit application has been submitted for the use of 72-840 Highway 111, for placement of clothing donation bins. Recommendation: Staff is recommending approval of the clothing donation bins at this location, subject to conditions. Public Hearing: The public hearing will be held before the Planning Commission on June 6, 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 May 27, 2017 to June 6, 2017. Public Review: The Conditional Use Permit 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, the 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 May 27, 2017 Palm Desert Planning Commission NOTICE OF EXEMPTION TO: FROM: City of Palm Desert ❑ Office of Planning and Research 73-510 Fred Waring Drive Palm P. O.Box 3044,Room 113 Desert,CA 92260 Sacramento,CA 95812-3044 ® Clerk of the Board of Supervisors -1724 Gateway Dr.Riverside, or CA 92507 County Clerk County of. Riverside 1. Project Title: Clothing Donation Bins 2. Project Applicant: TexGreen,Inc. 3. Project Location—Identify street address and 72-840 Highway 111 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 place clothing donation bin(s) in of Project: the parking lot. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the TexGreen,Inc. 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. State type and section number: (e) ❑ Declared Emergency. (Pub.Res.Code§ 21080(b)(3);State CEQA Guidelines § 15269(a)) (f) ❑ Statutory Exemption. State Code section number: (g) ® Other. Explanation: General Rule—Section 15061(b)(3) 9. Reason why project was exempt: The project has no potential to cause a significant adverse impact on the environment. 10. Lead Agency Contact Person: Heather Buck,Assistant Planner Telephone: (760)346-0611 Notice of Exemption FORM `B" 11. If filed by applicant: Attach Preliminary Exemption Assessment(Form"A")before filing. 12. Has a Notice of Exemption been filed by the public agency approving the project? Yes ❑ No 13. Was a public hearing held by the lead agency to consider the exemption? Yes® No ❑ If yes,the date of the public hearing was: June 6,2017 Signature: Date: Title: ® Signed by Lead Agency ❑ Signed by Applicant Date Received for Filing: (Clerk Stamp Here) Authority cited: Sections 21083 and 21100,Public Resources Code. Reference: Sections 21108,21152, and 21152.1,Public Resources Code. Notice of Exemption FORM `B" 4 1 OF � Esg 3nN3AV ),3a31NOW _ �N �-0 � v v z 0 eMPeaE _ -ii r-- d 3N NIVLNfI � NY�Itl3Y1Y � � � _- ----------- AVM N31N30 NMOl TexGreen's Recycle ............ ........... ................. ....._. SPACE Technical advantages Design specifications and locking mechanism: All of our clothing recycle bins are manufactured using galvanized steel and Z250 zinc coat, which means that they will never rust, no matter the weather's conditions. All the components of the bin are created this way too. Water Drainage The design of the clothing bins is made in a way that their form creates a water-drainage system (hoods+opening), so water will never accumulate on/or inside the bins. i Secured against tempering All of the bins are secured against tempering by unauthorized individuals.They conform to the strictest standards and hold the quality certification CE. Locking iCA ,. Security is also provided by a special locking device,which creates creating an unbreakable separator between the padlock and the bin. In addition to that TexGreen onlyuses high quality ! u g Q Y Padlocks on all of our bins `�`` RF:, The mechanism facilitating the basket opening for dropping bags in the bin is created in a way that there is no open space for getting in/or reaching inside while the handle is in its 2 natural positions- either down or lifted up. (see pictures of the two handle positions below): TexGreen Bins The only way there is any opening is during the process of which the handle is being lifted up. Only when you place a bag in the basket and stand in front of the bin,lifting its handle you can see any openings.The opening is not big enough to be able to reach in/or get anything in/or out. Many of the clothing bins out there have really simple openings,where you can easily reach in or take clothing out: Dimensions of the bins : ✓ Each bin measures at just W-45",D-45"and H-85",which is about 1/8 of the size of a parking space. ✓ The average size of competitor's'clothing bins is about 3 times this size (see pictures below).Placing bigger bins usually relates to fewer visits during the month. ✓ The companies using the big bins typically visit each of their locations about once every 10 days. We think that visiting more often can guarantee cleanliness,great up-keep and more satisfying partners: Advantages of using smaller bins: ✓ More flexible when it comes to selecting the spot to place them,because they easily fit in any space. ✓ More maneuverable,if needed to be moved for any reason. ✓ Safer for the traffic pattern in/out or around the parking lots,because they do not block visibility. ✓ Placing 3 clothing bins alongside one parking space leaves you with half of parking space empty in front of them,so the neighboring parking space can be used safely and people will still have plenty of room to get to the bins and used them. �u v In conclusion, as you can see all of the safety and security measures and standards are first met at the manufacturing level and then here locally TexGreen ensure that everyone using the bins can do so safely too, while preventing any attempts of unauthorized individuals to break into the bins. In addition to all of the above,to strengthen the property owners'peace of mind,TexGreen carries liability insurance in the amount of$3,000,000(three million) Cleanliness and Maintenance Cleanliness and regular maintenance of the bins and the area around them are the two day-to-day activities that we rank with a high importance.We pride ourselves on the appearance of all of our bins and those are some of the reasons why: ✓ Our bins are green—a color that is easy on the eyes and a color that fits very well with the property's landscaping(you can see all different color bins out there—brown, purple, black, orange,blue,etc.) ✓ Our bins are all brand new when placed at each location and their condition is kept that way at all times.When necessary the bin is immediately removed and replaced with a new one. 4 e,e 1. Certification from Manufacturer tsAATNtR s MI, PARTNER SYSTEMS C)f"w.c i St�tci',xrtret +atcstt t'vnt imts arc Fail vacd againat third part}accrss-Liantamm meet tear:ighca standards and have i:u actin C P u '.i;t ucrtiPicnte.Cut cmnuitxrs aae nl,i&o; g;.lk anizvd stem s3a v t%%M a ttuctilirss of 1-2 mm and the"tinc calling-12tQ-%c paint in st:v col"r dho,k:n by ibe custamt:r from the TVIL.color pahrl . E containers me cgniprpckl araryi p ui9Trr -6a!v.wl7,c3ctasu, (rid-,&) •Waw,:w'Siuglc Ibc JhUkA rrttta Slot haAcl with<turdv gah iniaj handle Stable f&4t calNa im A mccha.r..i'm to Imist C' i np and aivsung b askrl -I iii>ges W"and caha^7rd Flxe i WOU)of tlu u;alsrCr i+rtueet d xgsaittst cotrosian Sat'nv is ensured by gccial clminq p OWk protertinz a aim:t tit an:'rranns_. i3imcrt*�itca4:3l Kft x l2tr;)M?2Ep)(Mun al'c'igh-160 kg PARTNER Systems PART N£4,oiyafie�Ks f.u . INS --� r�trtnrr V"t�^�a c^ z rv,r. fi twrzi + t§�v a hardfo,n� -x .4.. .C�. .... � ... CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: CONSIDERATION TO APPROVE AN AMENDMENT TO PRECISE PLAN 16- 124 FOR A NEW ARCHITECTURAL DESIGN CONCEPT FOR GRAFTON'S RESTAURANT,WHICH INCLUDES ANEW 11,237-SQUARE-FOOT TWO- STORY BUILDING WITH A RETRACTABLE ROOF AND AN OUTDOOR PATIO LOCATED AT 73-330 EL PASEO SUBMITTED BY: Kevin Swartz, Associate Planner APPLICANT: MBH Architects 960 Atlantic Avenue Alameda, CA 94501 CASE NO: PP 16-124 Amendment No. 1 DATE: June 6, 2017 CONTENTS: Draft Planning Commission Resolution No. 2697 Legal Notice Architectural Review Commission Meeting Minutes of May 10, 2017 Exhibits Recommendation Waive further reading and adopt Planning Commission Resolution No. 2697, approving a notice of exemption in accordance with the California Environmental Quality Act, and approval of a new architectural design concept for Grafton's restaurant, which includes a retractable roof and an outdoor patio located on El Paseo. Architectural Review Commission On May 10, 2017, the Architectural Review Commission (ARC) reviewed and approved the new architectural design as proposed with a 6-0-1 vote, with Commissioner Levin abstaining. The Commission supported the architectural design and stated that the design and materials make a very attractive building with clean architectural lines,and will bring excitement to El Paseo.The Commission also stated that adding the outdoor patio will contribute to El Paseo. Staff Report Case No. PP 16-124 Amendment No.1 Grafton's Restaurant Page 2 of 4 June 6, 2017 Executive Summary Approval of staffs recommendation will approve a new architectural design for a previously approved restaurant. On June 21, 2016, the Planning Commission approved a new two-story restaurant building for Grafton's, which included a roof top lounge. The new design will remove the roof top lounge, and will remain a two-story building featuring a retractable roof and an outdoor dining/patio fronting El Paseo. Background A. Property Description: The property is located on the north side of El Paseo east of Sage Lane and west of Lupine Lane. Since the original approval,the applicant demolished the original building;and,the site is currently vacant. The rear of the property expands into Presidents Plaza,which is a shared parking lot.The new restaurant will have two entrances; the main one via El Paseo and the secondary one via Presidents Plaza. 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 Proiect Description The restaurant will operate daily from 4:00 p.m.to 2:00 a.m., seven(7)days a week. The restaurant will have approximately 35-40 full-time and part-time employees. At this time, the applicant is not proposing any nightly entertainment. In the future, if the applicant decides to provide nightly entertainment, an Entertainment Site Plan application is required to be submitted for approval. GAPlanning\Kevin Swartz\W ord\Precise Plans\PP 16-124 Graftons Restaurant\PC staff report Graftons Restaurant 2.doc Staff Report Case No. PP 16-124 Amendment No.1 Grafton's Restaurant Page 3 of 4 June 6, 2017 Below is the building breakdown, including operations: • Main level is for formal dining and totals 5,436 square feet.The floor consists of front and back entry ways, hostess check-in, elevator, dining area (booths and tables), bar, men's and women's restrooms, service station, office, storage rooms, and stairs. • Second level is for casual dining and totals 5,801 square feet.The area consists of a lounge area with tables and chairs, elevator, bar with tables and chairs around it, televisions, men's and women's restrooms, kitchen area, storage, and stairs. This level also features a retractable roof, which will be open during the season. • The outdoor patio area totals 375 square feet, and will be seven feet from back of curb. The perimeter of the patio area consists of cedar posts with stainless steel cable railing in between. The new architectural design has an industrial appearance with the use of brick,cedarwood,exposed brackets, architectural eyebrows, and steel over the entry. The two-story building has rooflines between 14 and 29 feet.The design also includes desert colors,sliding storefront pocket glass doors, and awnings. The architecture provides a fresh look from the typical restaurant and bars around the area.The architects wanted to create something dynamic and interesting where people could see the energy inside the restaurant. The bulk of the front elevation is made of glass with the second floor having a retractable roof. When the roof is open, it will create an upper level dining experience that isn't seen along El Paseo. The restaurant will include an outdoor patio, which includes a cedar wood trellis and steel cable railing. Analysis The project is before the Planning Commission since the design and concept has been altered. Although restaurants are a permitted use within the El Paseo Overlay District,the new building design and architecture requires discretionary approvals. Staff thought it was important and appropriate to present the new project for the Planning Commission's review. Furthermore,the project complies with all development standards including setbacks, building height, parking, lot coverage, outdoor dining/patio location, and land use compatibility. A. Land Use Compatibility: The proposed project is zoned Downtown.The zone introduces urban, multi-story buildings up to 3-stories tall and located at or near the sidewalk. All ground floors accommodate retail and restaurant uses,while upper floors accommodate residential and office uses.Residential uses are prohibited on the ground floor along the El Paseo frontage. The property is located within the El Paseo Overlay District. El Paseo is designed as a pedestrian specialty retail, restaurant, and personal services district. One of the City's overall goals identified in the Strategic Plan is to focus on El Paseo and to create a city center/downtown that provides high intensity mixed-use developments anchored by civic, cultural, entertainment, retail, and dining activity along walkable streetscapes. GAPlanning\Kevin Swartz\Word\Precise Plans\PP 16-124 Graftons Restaurant\PC staff report Graftons Restaurant 2.doc Staff Report Case No. PP 16-124 Amendment No.1 Grafton's Restaurant Page 4 of 4 June 6, 2017 The proposed restaurant is consistent with the proposed land use designations.The restaurant as designed is compatible with businesses along El Paseo. It offers an upscale architectural design that reflects the character of El Paseo,and adds to the pedestrian atmosphere by offering outdoor dining.The business will complement the adjacent retail business uses and the other restaurants along El Paseo and in the vicinity,as well as provide an establishment for the residents and tourist. B. Outdoor Dining: On January 10, 2013, the City Council approved Guidelines for El Paseo, which allowed restaurants to encroach into the public right-of-way to provide outdoor dining. The standards allowed for dining/patios to be eight (8) feet from back of curb, and where there is a clear walkway it may be reduced to seven (7) feet. In this case, the applicant is proposing to remove an existing palm tree to provide a clear walkway and allow the patio to be located seven (7) feet from back of curb. The existing palm trees along El Paseo adjacent to the sidewalk are owned and maintained by each property owner. Other owners along El Paseo have removed their palm trees, so this does not set a precedent. Staff believes that removing the palm tree will not be detrimental to the street scape and will create an outdoor dining/patio, which meets the vision and goals of the El Paseo Overlay District and the City's Strategic Plan. C. Parking: Chapter 25.46 Off-street Parking and Loading requires restaurants to provide eight(8) parking spaces per 1,000 square feet. The restaurant dining and sitting areas would require 88 parking spaces.The property is part of Presidents Plaza,which is a shared parking lot,and restaurants are a permitted use outright under the El Paseo Overlay District.With the restaurant operating during dinner and late night hours, staff believes that there is sufficient parking within Presidents Plaza and on street parking. The restaurant will not create a negative parking impact on the adjacent businesses. Environmental Review The City of Palm Desert, in its capacity as the Lead Agency for this project under the CEQA, has determined that the proposed project request is categorically exempt under Article 19 Section 15332 In-Fill Development Projects (Class 32)of the CEQA; therefore, no further environmental review is necessary. Submitted By: Department Head: Kevin Swartz, Associate Planner Ryan Stendell, Director of Community Development GAPlanning\KeHn Swartz\Word\Precise Plans\PP 16-124 Graftons Restaurant\PC staff report Graftons Restaurant 2.doc PLANNING COMMISSION RESOLUTION NO. 2697 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 AN AMENDMENT TO PRECISE PLAN 16-24 FOR A NEW ARCHITECTURAL DESIGN CONCEPT FOR GRAFTON'S RESTAURANT, WHICH INCLUDES A NEW 11,237-SQUARE-FOOT TWO- STORY BUILDING WITH A RETRACTABLE ROOF AND AN OUTDOOR PATIO LOCATED AT 73-330 EL PASEO CASE NO: PP 16-124 AMENDMENT NO. 1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of June 2017, hold a duly noticed public hearing.to consider the request by MBH Architects for approval of the above noted; and WHEREAS, the Planning Commission of the City of Palm Desert, Califbnia, did on the 21St day of June 2016, hold a duly noticed public hearing and approved the original project request by Kristi Hanson Architects; and WHEREAS, the Architectural Review Commission of the City of Palm Desert, California, did on the 10th day of May 2017,approved the architectural building design of the above noted; and WHEREAS, according to the California E�ronmental Quality Act (CEQA), the City must determine whether a proposed activity i ,a, project s&ject 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 projckA request is categorically exempt under Article 19 Section 15332 In-Fill Development ProjectsClass 32) of the CEQA; therefore, no further environmental review is necessary; and W1HREAS, at saidpublic 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 fallowing facts and reasons, which are outlined in the staff report reasons to approve the said request: 1. The proposed project conforms to the Downtown (D) zoning district, the Scenic Preservation Overlay, and the El Paseo Overlay District. 2. The proposed project conforms to the "City Center/Downtown" designation within the General Plan by creating a walkable neighborhood building along El Paseo. 3. The use of a restaurant is a permitted use outright within the El Paseo Overlay District and does not require any discretionary approvals. PLANNING COMMISSION RESOLUTION NO. 2697 4. The project complies with all development standards including setbacks, building height, parking, outdoor dining/patio location, lot coverage, and land use compatibility. 5. The restaurant as designed is compatible with businesses along El Paseo. It offers an upscale architectural design that reflects the character of El Paseo, and adds to the pedestrian atmosphere by offering outdoor dining. The business will complement the adjacent retail business uses and the other restaurants along El Paseo and in the vicinity, as well as provide an establishment for the residents and tourists. 6. El Paseo is designed as a pedestrian specialty retail, restaurant, and personal services district. One of the City's overall goals identified in the Strategic Plan is to focus on El Paseo and to create a city center/downtown that provides high intensity mixed-use developments anchored by civic, cultural, entertainment, retail, and dining activity along walkable streetscapes. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AS FdLLOWS: 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 16-124 Amendment No. 1, subject to conditions. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, Califon a, at its r46"Iar meeting held on the 6th day of June 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: NANCY DELUNA, CHAIRPERSON ATTEST: RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION GAPlanningKemn Swartz\Word\Precise Plans\PP 16-124 Graftons Restaurant\PC Reso 2697.doc PLANNING COMMISSION RESOLUTION NO. 2697 CONDITIONS OF APPROVAL CASE NO: PP 16-124 Amendment No. 1 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 hereafteray be in force. 3. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Building & Safety Department City Fire Marshal Public Works Department Coachella Valley Water District Evidence of said permit or clearanbe,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. 4. The 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. 5. If the applicant decides to provide nightly entertainment, an Entertainment Site Plan application must be submitted for approval. DEPARTMENT OF PUBLIC WORKS: 6. The applicant shall submit a grading plan to the Department of Public Works for review 11 and approval. Any changes to the approved civil or landscape plans must be reviewed for approval prior to work commencing. 7. The grading plan shall identify all proposed and existing utilities. 8. 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. 9. The applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section 24.20 Stormwater Management and Discharge Ordinance. GAPlanningWemn Swartz\Word\Precise Plans\PP 16-124 Graftons Restaurant\PC Reso 2697.doc PLANNING COMMISSION RESOLUTION NO. 2697 10.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 Department of Public Works. 11.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. 12.The applicant shall ensure that the sidewalk on El Paste is ADA compliant and shall make modifications as needed. 13.The applicant shall quitclaim utility easements that conflict with the building prior to grading permit issuance. DEPARTMENT OF BUILDING & SAFETY: 14.This project shall comply with the latest adopted edition of the following codes: A. 2016 California Building Code and°its appendices and standards. B. 2016 California Plumbing Codeand its appendices and standards. C. 2016 California Mechanical Code and its appendices and standards. D. 2016 California Electrical Code. E. 2016 California Energy Code. F. 2016 California Green Building Standards Code. G. Title 24, California Code of Regulations. H. 2016 California Fire Code and its appendices and standards. 15.An approved.,automatic fire sprinkler system shall be installed as required per the City of Palm Qesert Code Adoption Ordinance 1265. 16.A disabled access overlay of the precise grading plan is required to be submitted to the Department of Building and Safety for plan review of the site accessibility requirements as per 201,3 CBC Chaplets 11A & B (as applicable) and Chapter 10. 17.All exits must provide an accessible path of travel to the public way. (CBC 1027.5 & 11 B-206). 18. 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. 19. 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. G:\Planning\Kedn Swartz\Word\Precise PlansTP 16-124 Graftons Restaurant\PC Reso 2697.doc PLANNING COMMISSION RESOLUTION NO. 2697 20.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. 21.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. 22.Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert Municipal Code 15.28. Compliance with Ordinance No. 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: 23. Fire Department Plan Review. Final fire ark life safety conditions will be addressed when building plans are reviewed by the Fire Preventi6n 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. 24. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all residential buildings per CFC Appendix B. The developer shall provide for this project;'a water system capable of delivering 1500 GPM at 20-PSI residual operating pressure for a two-hour duration. The fire flow as given above has taken into account` all information as provided (CFC Appendix B and Palm Desert Municipal Code).; 25. Required Submittals1Fre Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type,location spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 5 and Chapter 33). 26. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 27.Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. G:\Planning\Kemn SWartz\Word\Precise Plans\PP 16-124 Graftons Restaurant\PC Reso 2697.doc PLANNING COMMISSION RESOLUTION NO. 2697 28. Required Submittals (Type I Hood Suppression System). Shall be submitted to the Fire Prevention Bureau for review and approval. 29.Addressing. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial, multi-family residential and industrial buildings shall have a minimum of 12-inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of six-inch high letters and/or numbers on both the front and rear doors. Single-family residences and multi-family. residential units shall have four-inch letters and/or numbers, as approved by the l ir"e'Prevention Bureau (CFC Chapter 5). 30. Knox Box. A "Knox-Box" shall be provided. The Knox'-Box sh,6l1 be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). G\Planning\Kevin Swartz\Word\Precise Plans\PP 16-124 Graftons Restaurant\PC Reso 2697.doc MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 2016 VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of May 17, 2016. Rec: By Minute Motion, approve as presented. Action: Upon a motion by Commissioner Pradetto, second by Commissioner Kelly, and a 5-0 vote of the Planning Commission, the Consent Calendar was approved as presented (AYES: DeLuna, Greenwood, Gregory, Kelly, and Pradetto; NOES: None; ABSENT: None; ABSTAIN: None). Commissioner DeLuna noted that the clock is incorrect VII. CONSENT ITEMS HELD OVER None Vill. NEW BUSINESS None IX. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION to approve the demolition of an existing ,,,_y,,, building, and construct a new 10,852-square-foot two-story restaurant am building with a rooftop lounge located at 73-330 El Paseo. Case No. PP 16- 124 (Kristi Hanson Architects, Palm Desert, California, Applicant). Mr. Kevin Swartz, Associate Planner, presented the staff report (staff report is available at www.cityofpalmdesert.org), and offered to answer any questions. Vice Chair Nancy DeLuna referred to one of the pictures presented showing a two-story building across the street, and asked how tall the architectural projections at the peak are. Mr. Swartz responded that he is not sure of the exact height. He pointed to an area of the building that is 30 feet in height so he assumed the projection is an extra three or four feet. Vice Chair DeLuna clarified that the proposed restaurant building would be similar; however, it would be five to six feet taller that the building across the street. Mr. Swartz replied that is correct. 2 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\6-21-16.docx MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 2016 Commissioner Joseph Pradetto commented that when he first read the staff report, he had the impression that a Precise Plan is required due to a technicality; however, everything else met the conditions. He realized that any sort of construction where grading is taking place requires a Precise Plan, and asked if that is correct. Mr. Swartz said that is correct. He stated a new building would require a Precise Plan. Commissioner Pradetto asked if the applicant was only demolishing the building, they would not need a Precise Plan. Mr. Swartz replied that is correct. For a demolished building, it is a permitted use. Commissioner Pradetto inquired if a notice was sent to neighbors to the south. Mr. Swartz responded that a notice was sent to neighbors that are within 300 feet. Staff received comments in favor; there were no comments in opposition. Chair Greenwood declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. MS. KRISTI HANSON, Kristi Hanson Architects, Palm Desert, California, commented that they are very excited about this project. She noted that the proprietor of the proposed restaurant started Yard House, and this project could be a new flagship type restaurant. She briefly explained the architecture and the vibe they wanted to create for the restaurant. She offered to answer questions. Vice Chair DeLuna commented that there is a lot of glass in front of the building. She asked if the glass would be shaded since there are days that are really hot. MS. HANSON responded that they did a sun study, and during the summer the sun would be overhead. The sun would not come into the building very much since they face south. She mentioned that they will be using high-energy glass, and shades on the windows would be down most of the day. Chair Greenwood inquired what the program on the rooftop is. MS. HANSON explained that the rooftop would only have lounge seating. She said people could take their drinks to the rooftop, and there will be a server going to the rooftop from the second level. With no further testimony offered, Chair Greenwood declared the public hearing closed. Commissioner Gregory commented that it is a beautiful building, and it would be a real treat to have this building constructed on El Paseo. 3 G:\Planning\Monica OReillyTianning Comm ission\2016\Minutes\6-21-16.docx MINUTES PALM DESERT PLANNING COMMISSION JUNE 21, 2016 Vice Chair DeLuna stated that her only regret is that they will not be serving lunch. Commissioner Kathleen Kelly applauded and is extremely excited about proposed project. She said the height and the undulation of the building connects to the mountains, and it is a project that the City would like to see. Commissioner Pradetto stated he had nothing to add and moved for approval. Commissioner Pradetto moved, by Minute Motion, to waive further reading and adopt Planning Commission Resolution No. 2670, approving Case No. PP 16-124, subject to conditions. Motion was seconded by Vice Chair DeLuna and carried by a 5-0 vote (AYES: DeLuna, Gregory, Greenwood, Kelly, and Pradetto; NOES: None; ABSENT: None; ABSTAIN: None). The Planning Commission thanked the applicant and noted that it is a beautiful project. B. REQUEST FOR CONSIDERATION of approval of a Tentative Parcel Map to subdivide an existing parcel with three buildings into three separate parcels with a reciprocal park easement for shared parking located at 41-555 Cook Street. Case No. TPM 37137 (Joe Carman, San Bernardino, California, Applicant). Mr. Swartz reviewed the staff report (staff report is available at www.citvofpalmdesert.org). Staff recommended approval, and offered to answer any questions. Commissioner Kelly clarified that there would be shared parking amongst the parcels. Mr. Swartz replied that is correct. He noted that there is a reciprocal parking easement on the map, which specifies shared parking. Commissioner Gregory asked if each building has separate utilities. He wondered how it is subdivided. For example, if parking is shared he imagines landscape maintenance is shared. Are utilities separately handled and metered? Mr. Swartz answered that he is not sure. Mr. Stendell interjected that they can ask the applicant to address the question. He added that if it is not adequately covered, he suggested that they add a condition stating a reciprocal for landscaping, trash services, etc. is included. Chair Greenwood declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. 4 GAPlanning\Monica OReilly\Planning Commission\2016\Minutes\6-21-16.docx CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP 16-124 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 CONSTRUCT A NEW TWO-STORY RESTAURANT CALLED GRAFTON'S LOCATED AT 73-330 EL PASEO. The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), completed an Initial Study to review the potential environmental impacts of the project and have determined that the proposed restaurant will not have a negative impact on the environment. Project Location: 73-330 El Paseo Recommendation: Staff is recommending that the Planning Commission adopt a resolution supporting the project request. Public Hearing: The public hearing will be held before the Planning Commission on June 6, 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 May 26 to June 6, 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 May 24, 2017 Palm Desert Planning Commission 1i j • !� ] <EhE ' P o- rn - - - - - - - - - - - - - -- - - - - - - - - - - I -� - - - - - - - - - - - - - - - - - - - -- t- 1 ' E w � aw WO HHH oOg 00O Ub Z. I - y � �gm w ao a� a2z ca - u w 9 w F°Z oz 00z z o 0 0 0 Sm° m m I , �I i g g o Z UZ <<Z O G y o I o w = VZ K a A. 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