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HomeMy WebLinkAbout1116 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - NOVEMBER 16, 1982 2:00 P.M. - CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Chairman Wood called the meeting to order at 2:00 p.m. II. PLEDGE OF ALLEGIANCE - Commissioner Crites low III. ROLL CALL Members Present: Commissioner Crites Commissioner Downs Commissioner Kryder Commissioner Richards Chairman Wood Staff Present: Ramon Diaz Stan Sawa Steve Smith Linda Russell Barry McClellan IV. APPROVAL OF MINUTES: November 8, 1982 Chairman Wood approved the minutes as submitted. V. SUMMARY OF COUNCIL ACTION - NONE 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. A. Case No. TT 16133, J.M. PETERS CO. - Approval of an one year extension of time for a tentative tract map for 156 condominium units on 34 acres at the northeast corner of Hovley Lane and Cook Street. Rec: Approve as presented. Moved by Commissioner Downs, seconded by Commissioner Crites, to approve the consent calendar item as presented. Carried unanimously 5-0. VII. PUBLIC HEARINGS A. Case No. TT 18942 - PALM DESERT TOWN CENTER ASSOCIATES, Applicants Request for approval of a tentative tract map to create up to nine (9) lots in the PC (3) S.P. zone located at the northeast corner of Hwy II I and El Paseo (west). Mr. Sawa reviewed the staff report and proposed conditions. Staff recommended �ftw approval. Commissioner Kryder voiced a concern as to whether the parking lot would still function properly with these lot separations. Mr. Sawa responsed that the parking area would not change and will continue to function as one project. Chairman Wood opened the public hearing and asked if the applicant wished to -1- MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 16, 1982 make a presentation. MR. JAY TARANTON, project manager for center, was present for any questions the commission might have. He noted, in addressing Commissioner Kryder's concern, that each lot would have the correct number of parking spaces available for each building size. Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the public hearing was closed. Moved by Commissioner Richards, seconded by Commissioner Kryder, to adopt findings as recommended by staff. Carried unanimously 5-0. Moved by Commissioner Richards, seconded by Commissioner Kryder, to adopt Planning Commission Resolution No. 828, approving TT 18942, subject to conditions. Carried unanimously 5-0. B. Case No. CUP 13-80 (Amendment) - Palm Tree Restaurant, Applicant Request for approval of an amendment to a conditional use permit to allow a dinner only restaurant to open for lunch in the C-1, S.P. zone located at 73-520 El Paseo. Mr. Diaz reviewed the staff report and indicated that staff's major concern was the amount of parking modification required to grant the request. He explained that when the restaurant first opened the minor parking deficiency was not a problem because the hours of operation were in the evening. However, the request to open for lunch would create a major code deficiency due to the parking requirements for the center. He stated that staff is recommending denial based on past policies and decisions. Mr. Diaz noted that correspondence had been received in support of this request from the Chamber of Commerce and the tenants of the center. Mr. Diaz also stated that an alternative could be approved granting the request for a two year period. Commissioner Richards stated that he has yet to hear any complaints regarding parking space deficiencies due to business expansion. He felt that it might be necessary to begin a study of the city's parking requirements, especially for restaurants. He also felt that this restaurant could be used as part of the study and allowed to open for lunch for a two year period. Commissioner Crites asked staff if this would set a precedent. Mr. Diaz replied that only if the exact same situation arose again, it would. Commissioner Crites asked if there had ever been any conditional use permits approved and then revoked, and if so, what are the legalities involved. Mr. Diaz explained that this has not happened in this city but it has been done in other municipalities. He also stated that it is legal to impose a condition stating that if a problem arose in the future the conditional use permit could be revoked. Commissioner Downs asked if staff had contacted other restaurants in the area for their opinions. Mr. Diaz replied they had not. Commissioner Downs stated he did ask other restaurant operators and they were in favor of this request. Chairman Wood opened the public hearing and asked if the applicant wished to make a presentation. MR. JACK KLOTZ, owner of the Palm Tree Restaurant, was present to answer any questions the commission might have. He felt that there would not be a problem with the parking and asked for approval. Chairman Wood noted that there is a valet parking problem in the evenings for this restaurant and suggested that it might be better to eliminate valet. -2- MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 16, 1982 Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. MR. DON McNEILLY, manager of the Chamber of Commerce, felt business should be kept downtown. He supported the request and stated that the owners had put in a tremendous investment. MR. MARTY BOUMAN, city manager, stated he had mixed emotions on this matter because from a business standpoint the community needs help. He felt that if eventually there were parking problems the city would be prepared to solve it. He felt the two year review period was a good idea. Chairman Wood closed the public hearing. Commissioner Kryder also felt that every effort should be made to help this community but the planning commission had always been consistent with their decisions and perhaps the parking requirements should be reviewed and changed rather than approving this amendment. Commissioner Richards did not feel there has ever been a parking space shortage and explained that there are other major problems in the city that should be looked at. He was in favor of granting approval for a two year period and studying parking requirements. Commissioner Crites felt that consistency in planning commission decisions should be maintained, but also felt that the requirements need to be reviewed. Chairman Wood explained that it is fact that a parking space deficiency exists and if this amendment is granted, a precedent will be set. Commissioner Richards explained that the planning commission has granted 14"W approval on similar cases before. Commissioner Crites asked if a condition could be included to state that if within the two year period, the commission finds there is a parking problem the amendment could be revoked. Mr. Diaz replied affirmative. Further discussion proceeded on alternatives and commission agreed that a condition to the amendment should be included to state: "Approval is for a two year period, at the end of said period, this amendment will be reviewed by the planning commission". Mr. Diaz added one other condition: "Said amendment shall be called up for review should the city receive complaints relating to parking during said period." Moved by Commissioner Crites, seconded by Commissioner Kryder, to adopt findings for approval. Carried unanimously 5-0. Moved by Commissioner Crites, seconded by Commissioner Kryder, to waive further reading and adopt Planning Commission Resolution No. 829, approving amendent of CUP 13-80 for a period of two years from the date of adoption of resolution, subject to conditions. Carried unanimously 5-0. VIII. DESIGN REVIEW BOARD ITEMS - NONE IX. MISCELLANEOUS ITEMS A. INTERPRETATION of approval of TT 14805, DP 03-79, and 183 MF, TAMES E. KAUL. Rec: -3- MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 16, 1982 Review and determine. Mr. Diaz explained that the three cases were approved at different times and that created some confusion on the applicant's part. With the recent code amendment, the latest approval date takes precedent. That fact, with the planning commission interpretation that the tentative tract map extension request included DP 03-79, and 183 MF, would extend approval of the project to June 14, 1982. Mr. Diaz concluded by stating that such an interpretation would be acceptable to staff. Moved by Commissioner Crites, seconded by Commissioner Downs, approving staff's interpretation that all cases were extended to June 14, 1982. Carried unanimously 5-0. X. ORAL COMMUNICATIONS MR. SANDY BAUM clarified a matter referring to Case No. CUP 13-80 (Amendment), Palm Tree Restaurant. XI. COMMENTS Commission instructed staff to prepare a study of the present parking requirements (i.e. restaurants) and valet parking. Commissioner Kryder commented that the left turning pocket at the corner of Country Club Drive and Monterey Avenue, for traffic traveling east on Country Club Drive, is not necessary and suggested that it be converted to be used as a lane. Mr. McClellan responsed that he would present this matter to the Technical Traffic Committee. XII. ADJOURNMENT Moved by Commissioner Richards, seconded by Commissioner Kryder, to adjourn the meeting at 3:55 p.m. Carried unanimously 5-0. AMON A. DIAZ, Secret y ATTEST: 13. E' RALPH B. WOOD, Chairman /lr -4-