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HomeMy WebLinkAbout1004 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - OCTOBER 4, 1983 7.00 P.M. - CITY HALL COUNCIL CHAMBERS A STUDY SESSION WAS HELD IN THE CITY MANAGER'S OFFICE AT 6:00 P.M. PRIOR TO THE MEETING. I. CALL TO ORDER Acting Chairman Crites called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Commissioner Downs III. ROLL CALL Members Present: Commissioner Downs Commissioner Erwood Acting Chairman Crites Excused Absent: Commissioner Richards Chairman Wood Others Present: Stan Sawa Steve Smith Phil Drell Linda Russell IV. APPROVAL OF MINUTES: September 20, 1983 Moved by Commissioner Downs, seconded by Commissioner Erwood, to approve the minutes as submitted; carried unanimously 3-0. 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 Nos. DP 04-80 and 204 MF - J.M. PETERS CO. AND STANLEY C. MORSE - Approval of a one year time extension for a development plan and preliminary design review case for 156 residential units on 34 acres in the PR-5, S.P. zone at the northeast corner of Hovley Lane and Cook Street. Rec: Approve as presented by staff. Moved by Commissioner Downs, seconded by Commissioner Erwood, to approve the consent calendar item as presented by staff; carried unanimously 3-0. VII. PUBLIC HEARINGS A. Continued Case No. CUP 12-82 (Amendment) - TOWER GARDEN RESTAURANT AND RICHARD ROEMER, Applicants Approval of an amendment to a conditional use permit (for a restaurant/bakery) to allow an expansion of 708 sq.ft. for dining purposes in the C-1, S.P. zone located at the northeast corner of Sage Lane and El Paseo (73-260 E1 Paseo). Mr. Sawa summarized what had been discussed at the last meeting and reviewed all the violations of this restaurant. He indicated that a certificate of occupancy had not be issued to the applicant because of the outstanding violations. Staff recommended that this request for an amendment be denied and a public hearing be set to consider revocation of CUP 12-82, due to the numerous violations and circumventions of the municipal code. MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4, 1983 At this time, due to the fact that he had done work on the subject restaurant, Commissioner Downs asked to be excused from this case. Chairman Crites opened the public hearing and asked if the applicant cared to make a presentation. MR. RICHARD ROEMER, attorney for the applicant, explained that the restaurant is currently closed because of a robbery and vandalism that took place and subsequent insurance problems. He felt that one of their problems was the fact that the restaurant had been operated by two young, inexperienced people. He felt that the restaurant has been a source of convenience and did not believe that there was a parking problem as staff indicated. He explained that the some of the problems pointed out by staff have been resolved and they were willing to work with staff to correct other problems currently existing. He further explained that the original approval was for seating of 36 and with the expansion there is still only seating for 36. The reason for the expansion was a requirement from the Department of Health and Alcoholic Control Board for more floor area. He requested that no public hearing be set for consideration of revocation and that action be deferred on the amendment to give them time to work out the city's requirements with staff. Commissioner Erwood asked Mr. Roemer why the applicant had not come before the commission for proper approval of the amendment, since the applicant knew of the proper procedures. Mr. Roemer replied that the applicant had not expanded to more the than 36 seating capacity and therefore felt that he was not violating any city codes. Commissioner Erwood asked why the other violations occurred. Mr. Roemer explained that the applicant did try to get a certificate of occupancy but the city would not issue one because of other violations and it had been as early as April, 1983, that the applicant had been trying to work out the problems with the city. Chairman Crites asked Mr. Roemer if any research had been done by him or the applicant on the parking issue. Mr. Roemer replied they had not. Mr. Roemer asked the commission that if they could not agree to this requested amendment then to give consideration of allowing them to continue operating the restaurant as originally approved. Chairman Crites asked if anyone present wished to speak in FAVOR or OPPOSITION to this request; there being none, the public hearing was closed. Commissioner Erwood felt that the applicant's record in terms of violating city codes had not been good and since the violations occurred, he was not in favor of the amendment. Mr. Sawa further noted that every business gets treated equally and if the city's codes specify certain parking regulations then the applicant should follow those requirements. Staff originally did feel the center that this restaurant is located in needed help in obtaining tenants. Chairman Crites explained to the audience what the city's procedures were for a conditional use permit. He did agree that the applicant had a number of violations to correct and would be in favor of accepting the request if those violations were resolved. WAW Moved by Chairman Crites to continue this matter and directed staff to set a public hearing for 30 days to consider revocation of the conditional use permit. At the end of the 30 days justification grounds should be presented for revocation. Motion died for lack of a second. Commissioner Erwood felt that action should be taken on the requested amendment -2- MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4, 1983 and a trial period be given to correct the violations. Moved by Commissioner Erwood to adopt Planning Commission Resolution No. 891, denying the amendment, and directing staff to schedule a public hearing to consider revoation of CUP 12-82 within 30 to 60 days, giving the applicant time to resolve his violations; seconded by Commissioner Crites. The public hearing was reopened for further comments from the applicant. Mr. Roemer stated that 30 to 60 days was too long and would like the hearing as soon as possible. He noted that the applicant did not want to expand funds to correct the violations if the conditional use permit may be revoked. Mr. Sawa explained that due to noticing procedures for a public hearing, 30 days is as soon as possible. Commissioner Erwood explained to Mr. Roemer that the length of time given was for the benefit of the applicant to resolve the problems. After further discussion, Mr. Roemer requested that the commission defer the public hearing for the revocation of the original conditional use permit, and deny the application for amendment. Mr. Sawa noted that if the request is denied the applicant cannot refile for a year; an alternative action could be taken: Applicant can withdraw his request and continue to operate his business for a period of time and correct all the problems within that time. Mr. Roemer withdrew the request for amendment at this time. Chairman Crites closed the public hearing. Moved by Commissioner Crites, seconded by Commissioner Erwood, directing the applicant to bring the restaurant up to code requirements to the satisfaction of the city; carried 2-0-1 (Commissioner Downs abstaining). B. Case Nos. GPA 02-83, C/Z 03-83, and C/Z 08-81 - CITY OF PALM DESERT, Applicant Consideration of a general plan land use map designation of low density residential 3-5 dwelling units per acre, a preannexation change of zone from R-1 (County of Riverside) to PR-5 (Planned Residential, 5 units per acre) and HPR, D (Hillside Planned Residential, Drainage Way Overlay) and a Negative Declaration of Environmental Impact for 258 acres contiguous to the city's southern boundary east of Highway 74. Mr. Smith reviewed the staff report and indicated that there were two property owners who initiated this request: Western Allied Properties for a proposed 464 unit project; and Hyatt Regency for a proposed 500 unit hotel. Staff recommended approval. Chairman Crites opened the public hearing and 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 Downs, seconded by Commissioner Erwood, to approve the findings as recommended by staff; carried unanimously 3-0. Moved by Commissioner Downs, seconded by Commissioner Erwood, to adopt Planning Commission Resolution No. 891, recommending approval to the city council of an amendment to the general plan land use element, GPA 02-83; carried unanimously 3-0. Moved by Commissioner Erwood, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 892, recommending to the city council approval of a preannexation change of zone, C/Z 03-83 and C/Z 08-81; carried unanimously 3-0. -3- MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4, 1983 By minute motion, moved by Chairman Crites, seconded by Commissioner Downs, to direct staff to study the feasiblity of annexating the non-hilly property south of this property; carried unanimously 3-0. C. Case No. DA 01-83 - ONE QUAIL PLACE, Applicant Approval of a development agreement for One Quail Place on Affordable Housing. Mr. Drell reviewed the agreement and noted two changes were requested by the applicant: The title of "Affordable Housing Agreement" be changed to "Affordable Housing Development Agreement"; and, on page 2, last sentence to read "If in the future more relevant data is made available by the United States Bureau of Labor Statistics by other officially recognized agencies, the applicant may request amendment of this agreement to include such data." Staff agreed to the amendments and recommended approval. Chairman Crites opened the public hearing and 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 Downs, seconded by Commissioner Erwood, to adopt Planning Commission Resolution No. 893, recommending approval to city council of DA 01-83, as amended; carried unanimously 3-0. IX. MISCELLANEOUS ITEMS A. Presentation of Resolution of Commendation to George Kryder Mr. Kryder was unable to attend the meeting; presentation will be made at a later date. X. ORAL COMMUNICATIONS - NONE XI. COMMENTS Commission commended Commissioner Crites for chairing the meeting very well. XII. ADJOURNMENT Moved by Commissioner Erwood, seconded by Commissioner Downs, to adjourn the meeting at 8:00 p.m. ATTEST: STAN B. SAWA, Secretary BIJFORT :CRITES, Acting Chairman -4-