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HomeMy WebLinkAbout1114 MINUTES PALM DESERT PLANNING COMMISSION WEDNESDAY - NOVEMBER 14, 1979 1:00 P.M. - CITY HALL COUNCIL CHAMBERS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER The regularly scheduled meeting of the Palm Desert Planning Commission was called to order at 1:00 P.M. by Chairman Snyder in the City Hall Council Chambers. II. PLEDGE OF ALLEGIANCE - Commissioner Berkey III. ROLL CALL Members Present: Commissioner Berkey Commissioner Kryder Commissioner Miller Chairman Snyder Excused Absent: Commissioner Fleshman Staff Present: Murrel Crump, Principal Planner Stan Sawa, Associate Planner John Dos Santos, Assistant Planner Linda Russell , Secretary IV. APPROVAL OF MINUTES A. Minutes of regular meeting of October 30, 1979. Commissioner Kryder noted the following corrections: On Page 8, first paragraph, add: "Consulting Traffic Engineer" after MR. HARRY KRUEPER. .. On Page 8, fourth paragraph, add after situation: "and pointed out that Cal Trans officials and a qualified traffic consultant, who had reviewed the plans, seemed to agree on this point. " It was also pointed out that there was no verification that Cal Trans officials agreed on this. Upon motion made by Commissioner Berkey, seconded by Commissioner Miller, the minutes of October 30, 1979, were approved as amended; carried unanimously (4-0). V. WRITTEN COMMUNICATIONS Mr. Crump noted that the written communications received were those related to cases in the Public Hearing. VI. PUBLIC HEARINGS: A. Continued Case No. CUP 08-79 - PALM DESERT COMMUNITY SERVICES DISTRICT, Applicant Request for approval of a Conditional Use permit for Public Utility purposes (with related setback and parking variance) to all continued use of a facility containing an existing maintenance building, water well building, and living quarters (with proposed remodeling) on approximately .22 acres within the R-1, S.P. (Single Family Residential , Scenic Preservation Overlay) zone located at 44-491 Portola Avenue. Mr. Crump presented this case stating that the applicant had requested a continuance to the December 4, 1979, meeting. With no objections from the Commission, this case was continued to the meeting of December 4, 1979. Carried unanimously (4-0). MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 14, 1979 Page -2- VI. PUBLIC HEARINGS (continued) B. Continued Case No. TT 14805 - KAUL CONSTRUCTION, Applicant Request for approval of a 37 lot residential subdivision on 7.2 acres within the PR-5 (Planned Residential , 5 d.u./ac. ) zone located on the south side of Country Club Drive, between Monterey Avenue and Portola Avenue. Mr. Crump presented this case pointing out on the revised map illustration the major concerns expressed in the Development Plan and Design Review hearings. He stated that the Design Review Board has reviewed and approved a revised site plan and the tentative map is now ready for Commission action. Commissioner Kryder asked Mr. Crump about the continuity of the pedestrian easements on the frontage facing Country Club Drive. Mr. Crump assured the Commission it would be a continuous easement stating that in addition to the 12 ft. parkway there would also be a 20 ft. pedestrian easement. There would be no visual difference between the public parkway and private easement, only ornamental landscaping will change from project to project. There being no further questions from the Commission at this time, Chairman Snyder opened the Public Hearing asking if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the Public Hearing was closed. Upon motion made by Commissioner Berkey, seconded by Commissioner Kryder, this case was recommended for approval to the City Council by adoption „„ of Planning Commission Resolution No. 548, subject to conditions. Carried unanimously (4-0). C. Continued Case No. CUP 16-78 (Second Amendment) - DON DRYSDALE, Applicant Request for approval of a Second Modification to a previously approved Conditional Use Permit to operate a restaurant in the El Paseo Village project, and a related parking variance to reduce the number of parking spaces from 55 spaces required by the Municipal Code to 30 spaces on property located on the south side of El Paseo between Sun Lodge Lane and Lupine Lane, within C-1, S.P. zone. Mr. Crump presented this case noting that a letter had been received from Mr. Robert Owens expressing his views related to this case. He then reviewed the parking analysis of the staff report, concluding that a 16% variance was the request. He also stated that the alternatives given to the applicant were discussed and that the applicant indicated they were not feasible. He further noted that the only question of conflict would be during a lunch peak of one to two hours; and, a total overlap would not exist if parking was used for both shopping and eating. Commissioner Kryder clarified the code requirements in relation to the parking spaces required per sq. ft. , it being 15 parking spaces per 1,000 sq. ft. of floor area. Commissioner Berkey asked Mr. Crump if the mandatory findings of the ordinance could be reviewed. Mr. Crump then read the 4 items of that section. Commissioner Berkey asked if all four had to be used to approve the variance. Mr. Crump responded stating that the items were to be used as a basis for the Commission's findings. Chairman Snyder asked if the applicant cared to make a presentation. MR. CURT DUNHAM, 73-210 E1 Paseo, Owner, stated this would be an asset to the community. He stated that he agrees with staff's recommendations except.for condition No. 6, requesting that this be deleted. MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 14, 1979 Page -3- VI. PUBLIC HEARINGS (Case No. CUP 16-78 continued) Chairman Snyder opened the Public Hearing asking if anyone present wished to speak in FAVOR or OPPOSITION to this case. MR. JOHN WENZELL, 73-165 Tumbleweed Lane, stated that his family would be a future tenant in this building and believed that there would be sufficient parking spaces. He stated that the parking spaces taw would be used by the same customer who will be shopping and eating in the restaurant. MR. DON DRYSDALE, Applicant, asked the staff to read the Variance Findings, paragraph B, in the Zoning Ordinance. After Mr. Crump read it, Mr. Drysdale stated he did not agree with the ordinance's way of coming up with the figure for parking spaces. He then explained how the square footage of the restaurant would be utilized. Chairman Snyder closed the Public Hearing. Commissioner' Kryder asked Mr. Drysdale if he would consider closing down part of the restaurant during the peak hours. Mr. Drysdale asked the Commission to clarify what the peak hours would be. He further stated that he had to justify. a percentage of the business. If it was feasible--yes, but what time of day was his concern. Commissioner Kryder asked staff how much would have to be cut down. Mr. Crump stated that it requires 9 more spaces, which could be equated to 1 space for each 45 sq. ft. of service area. Chairman Snyder pointed out that the City will continue to grow and believes there is not enough room for parking in the E1 Paseo Village. He stated that the planning for parking was not suitable. He did not agree that closing part of the restaurant down was the solution. Commissioner Berkey suggested that the ordinance be reviewed. He stated that the square footage per space is impractical . Chairman Snyder asked Mr. Crump if this could be looked at as a center. Mr. Crump responded stating that it was too small . A minimum of 4 acres is required. Commissioner Kryder asked Mr. Crump's opinion of the ordinance as compared to other areas. Mr. Crump indicated that the City was in line with other communities. After considerable discussion relating to the usable floor area, Mr. Kryder pointed out the space difficiency was too great. It would be unfair and inconsistent to grant this variance. Commissioner Berkey also noted that future variance requests would be a problem. He asked again to look into the ordinance. He could not justify the variance. Chairman Snyder asked Mr. Crump how long it would take to change procedures. He suggested that maybe the parking could be computed as a center. He asked if a resolution could be put together by the next City Council meeting, %NW November 29th. Mr. Crump explained to the Commission three ways to go about it. (1) Would involve a change in the minimum size of a specialty center and rezoning to Planned Commercial Specialty. (2) Revise parking standards for restaurants with common use parking lots. (3) Amend the parking section of the ordinance to provide a definition of specialty center parking and to define uses grouped together in any zone. MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 14, 1979 Page -4- VI. PUBLIC HEARINGS (Case No. CUP 16-78 continued) Mr. Crump explained to the Commission that they would have to agree on which approach to take. The Commission agreed to discuss this matter at the end of the meeting. Commissioner Kryder stated that he felt the Commission was accomodating one person. No other cases had ever been done in this process. He further indicated that he made a proposal to the applicant and this could be considered. Chairman Snyder explained that previous variances were acceptable because of practicalities. He did not agree the Commission is suiting one applicant. Commissioner, Miller suggested to the applicant that he try Commissioner Kryder's proposal for one year, to see if the parking spaces would be adequate. Mr. Drysdale again asked the Commission to clarify the lunch hour. Commissioner Kryder stated that because of overlapping of businesses all 8 hours are involved. After considerable discussion on all the suggested alternatives a motion was made by Commissioner Berkey, seconded by Commissioner Kryder, to deny this request by adopting Planning Commission Resolution No. 549. Carried unanimously (4-0). Commissioner Berkey, at this time, pointed out what the denial Resolution should contain. 1 D. Case No. DP 09-79 (Amendment) - PACIFIC COAST BUILDERS, Applicant Request to allow amendment of Phase I design and number and type of dwelling units to be constructed; and, to clarify the Clubhouse square footage and parking ratio on approximately 404 acres within the PR-3, S.P. (Planned Residential , max. 3 d.u./ac. , Scenic Preser- vation Overlay) (Upon Annexation) zone located at the northeast corner of Country Club Drive and Cook Street. Mr. Crump presented this case indicating that the original site plan contained a mixture of Townhouses and Duplexes. The amendment now includes a mixture of Duplexes and Triplexes and eliminates the Townhouses. He also reviewed the uses and parking spaces of the Clubhouse. It was noted that the applicant was not present. Chairman Snyder opened the Public Hearing asking if anyone present wished to speak in FAVOR or OPPOSITION to this request. There being none, the Public: Hearing was closed. Upon motion made by Commissioner Miller, seconded by Commissioner Berkey, this case was approved by the adoption of Planning Commission Resolution No. 550, subject to conditions. Carried unanimously (4-0) . VII. OLD BUSINESS - NONE VIII. NEW BUSINESS Chairman Snyder stated that the Commission has had a difficult time in establishing parking requirements or giving variances regarding joint uses of parking spaces. He further stated that the question was raised by the Commissioners whether the ordinance has joint uses in mini centers. He asked staff to see if there's justification to request a modification in the ordinance as to mini centers. Commissioner Berkey added that the ordinance was; also not clear in the parking space requirements and that it was inconsistent. He suggested the chances thniilri hp maria by MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 14, 1979 Page -5- the next meeting. Chairman Snyder concluded that staff should do research on these items discussed and present to them the findings and a recommendation. IX. DESIGN REVIEW BOARD ITEMS Mr. Sawa presented these cases adding that there are 4 items to be discussed. 1. Preliminary and final plans for the Racquet Ball Club at the corner of San Carlos and Alessandro. Mr. Sawa stated that the plan submitted shows access on to San Carlos and Alessandro. The access on DeAnza has been deleted as requested. The Design Review Board approved the plans as submitted. 2. James Kaul Development. Mr. Sawa indicated the the final plot plan was approved by the Design Review Board. He illustrated the 3 different floor plans; A, B, and C. B and C being one-story duplex units, and A being identical two- story units. The Design Review Board approved this as submitted. 3. Chazen Property. Mr. Sawa stated this was previously approved by the Planning Commission as a development plan. One of the major concerns of the Commissioners was the loading and unloading area. He stated that a 30 ft. buffer was included as requested with a 40 ft. driveway area. The access for loading and unloading would be through the driveway previously approved. He further stated that A and B buildings were to be approved now, and the Market building drawings would be submitted later. Chairman Snyder commented that the Design Review Board make sure that a 30 ft. minimum landscaping buffer for the loading and unloading be provided. 4. 4-unit apartments south of the intersection of Sun Lodge Lane and Shadow Moutain Drive. Bernie Leung, applicant. Mr. Sawa stated that these plans are indentical to the same ones previously approved. The applicant had not completed the project within the 1 year period and was reapplying. He is asking that the same plans be approved. Design Review Board approved as submitted. Upon motion made by Commissioner Kryder, seconded by Commissioner Miller, these cases were approved as submitted by adopting Planning Commission Resolution No. 551. Carried unanimously (4-0). X. DISCUSSION ITEMS General Plan Update - Noice and Public Safety Elements. i MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 14, 1979 Page -6- The Commission proceeded to review the draft elements in detail and gave their input to the staff for subsequent refinement. XI . ORAL COMMUNICATIONS - NONE XII. COMMENTS - NONE XIII. ADJOURNMENT The meeting was adjourned at 3.20 P.M. UL A. WILLIAMS, Secretary ATTEST: WALTER SNYDER, Chairma /lr VMW ..r