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HomeMy WebLinkAbout0416 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - APRIL 16, 1985 2:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE � � � * � * � � � � � * * � � * � � * * * � * * * * * * � * * * � I. CALL TO ORDER The meeting was called to order at 2:05 p.m. �... II. PLEDGE OF ALLEGIANCE Commissioner powns lead in the pledge of allegiance. III. ROLL CALL Members Present: Buford Crites, Chairman (arrived after roll call) Bob Downs James Richards Ralph Wood Members Absent: Richard Erwood Staff Present: Ray Diaz Doug Phillips Stan Sawa Steve Smith Phil Drell Tonya Monroe IV. APPROVAL OF MINUTES: rr.. Request for approval of the minutes from the April 2, 1985, meeting. Action: Moved by Commissioner powns, seconded by Commissioner Wood, approving the April 2, 1985, minutes as submitted. Carried 3-0. V. SUMMARY OF COUNCIL ACTION Mr. Diaz reviewed the actions of the city council from its April 11, 1985, meeting as they pertained to the planning commission. VI. CONSENT CALENDAR A. Case Nos. PP 84-11 and PMW 84-4 - EDWARD TUNISON, Applicant Request for approval of a one year time extension for a precise plan of design to allow construction of an 11 unit apartment complex and a parcel map waiver to consolidate the existing three lots into one lot for a 28,000 square foot site located on the east side of Sunset Lane between El Camino and Abronia Trail. Moved by Commissioner powns, seconded by Commissioner Wood, to add as item B on the consent calendar PMW 85-11. Carried 3-0. �.�. B. Case No. PMVN 85-11 - VALLEY CHRISTIAN ASSEMBLY, Applicant Request for approval of a parcel map waiver to combine remaining lots for church location per requirements of CUP 84-9. flction: Moved by Commissioner, seconded by Commissioner, to approve the consent calendar by minute motion. Carried 3-0. MINUTES PALM DESERT PLANNING COMMISSION APRIL 16, 1985 VII. PUBLIC HEARINGS A. Continued Case No. ZOA 85-1 - CITY OF PALM DESERT, Applicant Request for consideration of an amendment to the Palm Desert Municipal Code (Chapter 25, Palm Desert Zoning Ordinance) by adding a new code section which would prohibit construction, development or use in commercial or �' industrial zones in hillside areas that are an average 10°.6 or greater in slope. Mr. Sawa outlined the staff report and explained the changes recommended by the city attorney. He noted that the proposed resolution had been revised to reflect those changes and recommended adoption of the resolution. Commissioner Richards expressed concern over determination of total slope when more than one slope is in a particular area and stated that if the commission follows what the city attorney suggested it would mean that the total slope would refer to the first slope. Mr. Sawa replied that in each case a determination would be made as to where the toe of each slope was located and that if more than one slope was involved, it would provide some leeway for interpretation. Chairman Crites suggested the addition of the word "future" be inserted in front of development (i.e. Mr. Moller would be made legal non-conforming" so that he could not rebuild). Commissioner Richards noted that if Mr. Moller's nursery is changed to a different zoning - the planning commission would not want to allow legal non- conforming if commercial zoned. He indicated that the property is a flat piece of land that is not in the hillside and wanted a clear definition of what is permitted. Mr. Diaz suggested a two week continuance for a study session item. Chairman Crites opened the public testimony and requested a motion of �/'' continuance. Action: Moved by Commissioner Wood, seconded by Commissioner Richards, to continue Case No. ZOA 85-1 as a May 7, 1985, study session item. Carried 4-0. B. Continued Case No. ZOA 84-3 - CITY OF PALM DESERT, Applicant Request for approval of an amendment to the Municipal Code, Chapter 25.68, concerning the regulation of signs. Mr. Smith reviewed the background of the case and stated that the resolution would be added to the previously approved resolution from February and then sent to the city council. Staff recommended adoption of the resolution. Chairman Crites opened the public testimony. MR. LEE HAVEN, 45-450 Choctau Circle, general manager of the Palm Desert Town Center suggested that the planning commission allow themselves to change regulation for the sign criteria. He felt the present ordinance was restrictive. MR. ROBERT GEORGE, Golden State Sign Systems, stated that signage � effects the whole community and encouraged the planning commission to keep the fertile atmosphere of the past. Chairman Crites closed the public testimony. Commissioner Richards asked if staff had seen the proposed sign for the Palm Desert Town Center. Mr. Smith outlined the sign design and request. -2- MINUTES PALM DESERT PLANNING COMMISSION APRIL 16, 1985 Commissioner Richards felt that the commission should discuss this matter further if the people from the Town Center and along El Paseo feel they don't have adequate signage. Commissioner Wood asked for comment from staff. Mr. Diaz explained that the matter was a policy decision and that while understanding why the town center would like additional signage on the basis of being a regional center, the complex across the street is also a regional center. � Commissioner Richards stated that he felt the Palm Desert Town Center and the center across the street could not be considered the same and suggested looking into the current sign regulations for both centers. Commissioner Wood indicated that he was inclined to grant this request unless shown differently. Chairman Crites commented that he did not think that the additional signage was warranted and saw no reason to change the policy. Commissioner Richards requested that staff listen to the specific reasons why the Palm Desert Town Center would like additional signage and study signs that are in the same zoning. He stated that he would like to see the policy reviewed as well as the center across the street. He felt more discussion was needed. Action: Moved by Commissioner powns, seconded by Commissioner Wood, continuing Case No. ZOA 84-3 to meeting of May 7, 1985. Carried 4-0. C. Case No. CUP 17-78 - BON APPETIT, Applicant Request to expand an existing restaurant at the northeast � corner of El Paseo and Larkspur Lane by use of a 576 square foot outdoor patio for dining. Mr. Drell gave a video presentation of the site and outlined the request. Staff added as a condition of approval that if additional dining was allowed some acceptable fencing should be required to designate the boundary and recommended that plans be submitted to the Architectural Commission within six weeks. Commissioner powns suggested the use of a movable barrier. Commissioner Wood asked for and received clarification as to the location of the east boundary. Chairman Crites opened the public testimony and asked the applicant to address the commission. MR. GREG FRECK, 73-640 El Paseo, explained that he had a petition with 1200 signatures indicating that they like the outside dining and an endorsement from the commercial committee. He noted that he would like to place flower pots with maybe a chain link between the pots. MR. LYMAN MARTIN, 71-251 Cholla, stated that in the past month he had been conducting a parking survey and felt there was adequate parking. Chairman Crites closed the public testimony. Commissioner Richards stated that he was concerned about the parking. He noted ""' that accross the street there was a lot of up street parking available, but now there is a center on the opposite corner that has no parking. He felt that if the applicant's neighbors agree to the parking requirements then a six month to one year review could be considered. Chairman Crites stated that because of the existence of the project and its operation under the maximum parking, that if staff had no object a one year review would be in order. -3- MINUTES PALM DESERT PLANNING COMMISSION APRIL 16, 1985 Action: Moved by Commissioner powns, seconded by Commissioner Wood, to adopt the findings. Carried 4-0. Moved by Commissioner powns, seconded by Commissioner Wood, to adopt Planning Commission Resolution No. 1035, approving the CUP 11-78 Amendment, subject to attached conditions as amended. Carried 4-0. � D. CASE NO. CUP 08-82 - JEAN ELKINS, Applicant Request for approval of an amendment to a conditional use permit to allow an expansion from 40 to 60 children for a preschool in the R-2 zone located on the north side of Santa Rosa Way, 215 feet east of San Pablo Avenue. Mr. Sawa explained the request and outlined the staff report. He noted that staff was requiring a block wall be provided along the north and east property lines and that the parking lot be expanded and striped. Chairman Crites asked if this area was within the Palma Village Specific Plan and if it would be made office professional. Mr. Diaz answered that it would not be office professional and that the office professional would be to the west. Chairman Crites opened the public testimony and asked the applicant to address the commission. MR. GORDON KENNOY, 72-080 Palm Haven Drive, Rancho Mirage, stated that he would request that items A and B under condition ��6 be waived. He explained that oleanders were provided and growing well and felt that providing a block wall would be prohibitive. Also condition ��9 to provide three foot planters, he explained that there was 8 feet from the wall and the street, he felt that this area was not needed in addition to the five feet of � right of way. Mr. Sawa indicated that the planter could be deleted, but the block wall was needed to keep noise levels down. Chairman Crites closed the public testimony and asked for comments from the commission. Commissioner powns asked about the conflict between the block wall and chain link fence. Mr. Sawa indicated that while providing screening the block wall would mitigate noise. Commissioner Richards indicated that with the parking lot between properties, he was more in favor with the chain link fence and plants, and noted that no one was present to speak in opposition. Mr. Diaz indicated that the conditions could be revised to read that along the north and east property lines landscaping for screening purposes be provided and slats and chain link fence as deemed desirable by the architectural commission, and that the area in front of the short wall not taken by street dedication be landscaped. Action: Moved by Commissioner Richards, seconded by Commissioner powns, adopting the findings as amended. Carried 4-0. Moved by Commissioner Richards, seconded by Commissioner powns, adopting Planning Commission Resolution No. 1036, approving CUP 08-82 Amendment ��1, � subject to attached conditions as amended. Carried 4-0. E. CASE NO. CUP 03-82 (Amendment) - MARTIN AXIS, INC., Applicant Request for approval of an amendment to CUP 03-82 to permit a 1500 square foot expansion to the former Tullio's Restaurant and delete a net 11 parking spaces. -4- MINUTES PALM DESERT PLANNING COMMISSION APRIL 16, 1985 Mr. Diaz gave a video presentation of the site indicating which parking spaces would be deleted by the expansion. Staff recommended denial of the request. Commissioner Wood felt that this type of business was needed in that area. Commissioner Richards noted that the parking has been inadequate in the past and expressed surprise at the lack of objection from the neighbors. Mr. Diaz indicated that property owners were notified. .... Chairman Crites opened the public testimony and asked the applicant to address the commission. MR. LYMAN MARTIN, 71-251 Cholla, distributed material regarding a parking study that he conducted. He felt there was plenty of parking available. MR. SANDY BAUM, 45-800 Deep Canyon Drive, stated that he could not bring a concrete recommendation from the commercial committee because a quorum was not present, but personally spoke in favor of the request. Chairman Crites closed the public testimony. Commissioner powns suggested a 30 day extension. Commissioner Wood felt that this type of restaurant was needed. Chairman Crites indicated that there did not seem to be large parking vacancies. Commissioner Richards felt that the commission had been fair regarding the amount of parking and expressed concern over changing the rules for this case. Mr. Diaz noted that 30-33 spaces were involved - 50% deficient. Commissioner powns commented that he would still like to see the case continued •.• 30 days. Mr. Diaz noted that the amount of spaces involved would not change in 30 days. Moved by Commissioner powns, seconded by Commissioner Wood, for a 30 day continuance. Commissioner Wood suggested an amendment to continue the matter to a night meeting. Vote: Aye - Downs and Wood, Noes - Crites and Richards, resulting in no action. Moved by Commissioner Richards, seconded by Commissioner powns, to deny the request. Chairman Crites asked the city attorney the effect of a vote of 2-1-1. The city attorney asked for a recess to research this. A FIVE MINUTE RECESS WAS CALLED AT 3:45 P.M. Chairman Crites reopened the public testimony to allow the applicant to address the commission. MR. LYMAN MARTIN explained that with President's Plaza east and west plenty of parking would be available. He also explained that the parking numbers distributed were made by himself and that he could extend the parking study if the commission wished to continue the case to the next night meeting. Mr. Diaz indicated that the case need not be continued on the basis of the parking study validity. ..� Mr. Phillips determined that to be a passing vote, it would require a vote of three. Commissioner Richards asked how staff allocates parking spaces for existing buildings and if the applicant were to remove the parking space could someone expand on that space for any reason. Mr. Diaz exptained that in President's Plaza everyone is allowed to build to the walkway of an existing building as long as it's retail commercial. Commissioner Richards asked for and received clarification on the possibility of expansion if another type of enterprise was proposed. -5- MINUTES PALM DESERT PLANNING COMMISSION APRIL 16, 1985 Commissioner Richards explained that his motion of denial was based on the parking being 50% deficient based on another means of calculation and indicated that he was having second thoughts and withdrew his motion. Commissioner powns withdrew his second. Commissioner Wood noted that the applicant would like to review his parking figures. Mr. Diaz explained that if the entire lot was built on, the 16,000 square feet lot to a,f lot, the parking requirement would be 4 spaces per 1,000 or 64 spaces. The parking requirement for the restaurant is 60 spaces. If the lot were to be built from property line to property line the 14 spaces would be eliminated. Commissioner Richards noted that if the restaurant had been existing when the parking lot was taken in, the city could not refuse. He stated that staff did not count the spaces that are being illegaly used in the parking lot now and that if the restaurant were lot line to lot line it would have exceeded the parking spaces required and based on that he would move for approval. Mr. Diaz noted that a motion to instruct staff to prepare a resolution of approval would be in order. Action: Moved by Commissioner Richards, seconded by Commissioner Wood, instructing staff to prepare a resolution of approval with findings as outlined by Commissioner Richards, for the May 7, 1985, meeting. Carried 4-0. It was noted that Chairman Crites and Commissioner Richards would attend the council meeting for this case. VIII. MISCELLANEOUS ITEMS A. CASE NO. CUP 84-4 - DR. JOHN HORNICK, Applicant „rr Request for approval of a one year time extension and minor modification clarification. Action: Moved by Commissioner powns, seconded by Commissioner Wood, approving the one year time extension and modification. Carried 4-0. B. CASE NO. CUP 16-82 - GALLERIA PROPERTIES, Applicant Request for clarification on use of restaurant dining area in Galleria Center at the southeast cocner of E1 Paseo and Ocotillo Drive. Action: Moved by Commissioner powns, seconded by Commissioner Richards, approving the use of the restaurant's dining area inside and outdoors. Carried 4-0. IX. ORAL COMMUIVICATIONS MR. DICK CARLSON, 45-820 Deep Canyon - Valley Christian Assembly Church pastor, asked the com mission to allow the building occupation prior to the parking lot installation until the road construction work on Fred Waring Drive was " completed. � Action: Moved by Commissioner Richards, seconded by Commissioner powns, to waive the condition requiring parking lot installation prior to building occupation until the Fred Waring road construction was completed. -6- MINUTES PALM DESERT PLANNING COMMISSION APRIL 16, 1985 X. COMMENTS NONE. XI. ADJOURNMENT Moved by Commissioner powns, seconded by Commissioner Richards, to adjourn. Carried 4-0. � The meeting adjourned at 4:20 p.m. ,f t . , n n ".� �I�+'r''�vc%%'/ /'J• �`r �`'" RAMON A. DIAZ, Secre ATTEST: . , := � �. , / � ; ; :,'•. : _1�'. _. -- - /' _ - . _ i; ��r:% "_ -f!C.: � = .� $UFC3RD CRITES, Chairman /tm .r.. .... -7-