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HomeMy WebLinkAbout1004 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - OCI01BER 4, 1988 7:00 P.M. - COUNCIL CHAMBER 73-510 FRED WARDU DRIVE NO STUDY SESSION WAS HELD. I. CALL TO ORDER Chairman Erwood called the meeting to order at 7:02 p.m. II. PLEDGE OF ALLEGIANCE Chairman Erwood led in the pledge of allegiance. III. ROLL CALL Members Present: Rick Erwood, Chairman Bob Downs Faith Ladlow Jim Richards Carol Whitlock Members Absent: None Staff Present: Ray Diaz vrr► Kandy Allen Dick Folkers Phil Drell Phil Joy Tonya Monroe IV. APPROVAL OF MINUTES: Consideration for approval the September 20, 1988 meeting minutes. Action: Moved by Commissioner Downs, seconded by Commissioner Whitlock, approving the September 20, 1988 meeting minutes as submitted. Carried 5-0. V. SUMMARY OF AIL ACTION Mr. Diaz summarized pertinent September 22, 1988 city council actions. VI. CONSENT CALENDAR None. r.. MINUPES PALM DESERT PLAMIM Q" USSION OCrOBER 4, 1988 No VII. PUBLIC HEARINGS A. Case No. CUP 88-8 - ALMABA FARMNE R, Applicant Request for approval of a conditional use permit to allow a restaurant with liquor license to occupy 2400 square feet within a commercial building at the southeast corner of E1 Paseo and Highway 111. Mr. Drell outlined the salient points of the staff report, noting a change from the staff report of a 2400 square foot restaurant to a 1600 square foot restaurant and 41 parking spaces would change to 44 parking spaces being provided, then reccRmended approval. C nTnissioner Ladlow asked about the location of the entrance. Mr. Drell indicated that the entrance with an elevator and stairway would be located on E1 Paseo. Upon questioning by Commissioner Richards, Mr. Drell indicated that the center would have exclusive use of the parking and the agreement delineated that no changes could be made without City of Palm Desert approval. Commissioner Richards stated that the reason that this section of the building was approved was because of the parking and felt that the use was to be for the gateway to El Paseo and with appropriate architectural amenities. He stated that while he was impressed with the 44 parking spaces, he felt the restaurant should have immediate parking. Commissioner Ladlow asked if there would be a rear entrance and the applicant indicated that the rear entrance would be for delivery use only. Chairman Erwood opened the public testimony and asked if the applicant wished to address the comiission. MR. FRED FERN, 74951 Ironwood, stated that he was present to answer any questions. After questions from Cormissioner Downs, Mr. Fern indicated that all stores were required to use the front entrance for customers, which enabled more exposure to other businesses. Commissioner Richards asked who the parking lease was with and Mr. Fern replied VIP. Commissioner Richards stated that the property owner was in severe financial problems and in foreclosure every month and stated that he wanted proof that the property owner had the ability to grant a 99 year lease agreement. Mr. Fern stated that the agreement was legal and done properly and would run with the land. Commissioner Richards stated that he would like this to be a condition of approval, which would also state that the use is 2 ,r, MINUTES PALM DESERT PU M DU 001'MSSION OCPOBER 4, 1988 unequivocally for the sole use of this building. Commissioner Richards asked Mr. Fern if he would object to a condition being placed requiring a wall around the parking. Mr. Fern replied no, but indicated that it is not economical if the adjacent property decides to development and it has to be taken out and reinstalled. Mr. Diaz stated that if for some reason the lease for parking were broken, then the conditional use permit for the restaurant would be voided. Commissioner Ladlow asked Mr. Fern if he would be utilizing valet parking and he replied they would if it was needed. Chairman Erwood asked if anyone present wished to speak in FAVOR of the approved project. MR. ALIBABA FARZANEH, 40-345 Sagewood, informed commission of his past successes in the restaurant business and stated that he would not be in favor of a back entrance for customers and indicated that most people would be dropped off at the front door, where a door man would be posted, and then the car would be parked. Chairman Erwood asked if anyone present wished to speak in OPPOSITION to the proposed. There being no one, the public testimony was closed. Commissioner Whitlock stated that she was aware of the proprietor's previous success and with the amount of parking spaces provided, she was in favor of the project. Commissioner Dawns agreed. Chairman Erwood agreed with Commissioners Whitlock and Downs and felt that the decision about the entrance should be left up to the applicant. Commissioner Richards stated that he would like it stated that if the parking is taken away, the conditional use permit would be voided and conditions added regarding installation of a three foot block wall with landscaping. He indicated that while he felt this was supposed to be like an Art in Public Places amenity, based on the applicant's background and experience and with the added conditions he would be in favor of the proposal. Mr. Diaz indicated that the conditions would read as follows: 8) If the designated parking area is lost for any reason the conditional use permit shall be voided; 9) The applicant shall demonstrate to the 3 tow MINUTES PRIM DESERT PLANNIM COMMISSION OC70BER 4, 1988 r/ satisfaction of the city attorney that the grantor of said lease has the power to provide said lease; 10) Applicant shall install a three foot decorative perimeter wall with landscaping. Action: Moved by Commissioner Downs, seconded by Commissioner Whitlock, adopting the findings as presented by staff. Carried 5-0. Moved by Commissioner Downs, seconded by Commissioner Whitlock, adopting Planning Commission Resolution No. 1311, approving CUP 88-8 subject to conditions as amended. Carried 5-0. B. Case No. CUP 88-7 - SANDY NA]9MYASHI, Applicant Request for approval of a conditional use permit to allow a restaurant to occupy 1000 square feet within a commercial building at 73-211 Highway ill. Commissioner Downs informed commission he would be abstaining. The staff report salient points were reviewed by Mr. Drell and he reccmnended approval of the conditional use permit. rli Commissioner Richards noted that there were three adjacent existing restaurants: Tony Rona's, Carl's Jr. and Stanley B's. He felt that the parking should be considered for the whole block because of parking difficulties at night in front of these buildings. Mr. Drell indicated that the rear parking was empty and felt that conflicts occur during lunch time. He indicated that 80% of the uses are closed in the evenings and felt the applicant should not suffer because of spillover from other restaurants. Ccmnissioner Richards commented on the calculation of the parking spaces. Mr. Diaz indicated that staff has always counted on-street parking for this area. Commissioner Richards recommended to staff that it be made clear in the ordinance that on-street parking is calculated for all developments along the frontage road. Mr. Drell explained that if a proposed restaurant has a parking deficiency, all avenues of mitigation are considered. Commissioner Richards felt that should be made clear in the ordinance. Chairman Erwood opened the public testimony and asked the applicant 4 PALM DESERT PLANNING CCT4-TESSION OCICEER 4, 1988 if she wished to address the ocnudssion. She indicated she had nothing to add. Chairman Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. MS. CONNIE SANDERS, 71-621 Mirage Road in Rancho Mirage, stated that she works at the Glass Table and felt that people cane from Palm Springs to patronize the restaurants on the block and use the parking; she indicated that she had on occasion worked until 8:00 p.m. and had not seen a problem with the parking and was in favor of the proposal. Chairman Erwood closed the public testimony. Commissioner Richards noted that this long-time owner has suffered through many city changes in the frontage road and indicated that he was in favor of the proposal. Action: Moved by Commissioner Richards, seconded by Cc ndssioner Ladlow, adopting the findings as presented by staff. Carried 4-0-1 (Commissioner Downs abstained). Moved by Commissioner Richards, seconded by Camdssioner Ladlow, adopting Planning Commission Resolution No. 1312, approving CUP 88-7 subject to conditions. Carried 4-0-1 (Comissioner Downs abstained). C. Case No. PP 85-34 (Refile) - GONZALO MENDOZA, Applicant Request for approval of a 6,500 square foot pool supply warehouse (previous approval expired) located northwest of Beacon Hill and Mediterranean. Mr. Joy outlined the salient points of the staff report. Commissioner Ladlow asked for and received clarification regarding the storage of toxic chemicals, informing commission of a recent accident. Mr. Diaz explained that the city was exempted and that the regulations are handled by the fire marshal and the state. Cc nnissioner Downs noted that condition numbers 6 and 13 seem to cover that issue. Chairman Erwood opened the public testimony and asked if the applicant wished to address the commission. 5 MII�ATI�S PALM DESERT PLANNII7 CCNMISSION OC,''IUBER 4, 1988 MR. JIM FETRIDGE, agent, informed cattnission that he was present to answer questions. Chairman Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. There being no one, the public testimony was closed. Commissioner Downs stated that he felt the fire marshal and city staff covered all pertinent regulations fully in the imposed conditions. Action: Moved by Commissioner Whitlock, seconded by Catrnissioner Downs, adopting the findings as presented by staff. Carried 5-0. Moved by Commissioner Whitlock, seconded by Commissioner Downs, adopting Planning Catmission Resolution No. 1313, approving PP 85-34 (Refile) subject to conditions. Carried 5-0. D. Case No. TT 23982 - BARC N DEVELOPMEW, Applicant Request for approval of a 16 lot single family subdivision located southwest of Portola Avenue and Howley Lane. Mr. Joy outlined the salient points of the staff report and indicated that he reviewed a grading plan and did not perceive any adverse impacts on the surrounding neighbors due to grading. Chairman Erwood opened the public testimony and asked if the applicant wished to address the catmission. MR. DENNIS FREEMAN, 68-713 Perez Road, stated that he was present to answer any questions. Chairman Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. MR. ARTIE SWEITZ, a member of the Casa Blanca Homeowners Association, requested clarification regarding height and the possibility of a crosswalk being installed at Hovley and Portola. Mr. Joy stated that the project would be 15' single story units and Mr. Folkers indicated that no crosswalk was planned at this time. 6 14 NLITES PALM DESERT PLANNUU 03144ISSION OCIMER 4, 1988 MR. DANIEL BARNES, 41-613 Aventine Court inside Casa Blanca, stated that he was not opposed to the hcmes, but was extremely concerned with traffic. He outlined the difficulties for pedestrians and vehicles in that area and named approved projects that will be constructed in the area and adding to the traffic problem. He also felt that some leveling should be done on the corner of Casa Blanca to eliminate sight obstruction of on-caning traffic from Country Club Drive. MR. JOHN WALLACE, a Casa Blanca resident, asked about the undergrounding of utility poles. Mr. Joy indicated that it appeared that they carry too much voltage to allow undergrounding. Mr. Wallace noted that from the end of their development utilities were undergrounded and asked how this was determined. Mr. Diaz informed him that across the street there were no lines to underground. Mr. Wallace asked if the development was similar to the Monterey Meadows project and asked about sidewalks. Mr. Joy answered that the project would be similar to Winterhaven, a sidewalk would surround the perimeter of the project and a back wall onto Portola would be a decorative masonry block wall. Now Chairman Erwood closed the public testimony. Commissioner Richards thanked everyone for speaking and suggested that Mr. Barnes contact the public works department regarding the grading and traffic; Mr. Folkers also informed Mr. Barnes of the technical traffic committee that meets every month. Action- Moved by Commissioner Downs, seconded by Commissioner Ladlow, adopting the findings as presented by staff. Carried. 5-0. Moved by Commissioner Downs, seconded by Commissioner Ladlow, adopting Planning Caimission Resolution No. 1314, approving TT 23982 subject to conditions. Carried 5-0. VIII. MISCELLANEXXZ None. 7 MINUTES PRIM DESERT PLANNIIW, CXNMISSION OCPOBER 4, 1988 IX. ORAL OEN IUNICATIONS None. X. CJCVMENIIS 1. Conmissioner Richards requested the insertion of the Herringbone parking be added to the ordinance in calculating parking for developments along the frontage road. 2. Commissioner Richards requested that undergrounding utility regulations be made clear and easier to read. Commissioner Dawns suggested having a representative of Southern California Edison give a presentation on undergrounding high voltage lines and costs involved. 3. Mr. Diaz gave a status report on discussions for the public hearing on TT 23681 that was continued to October 18. XI. ADJOURNMENT Moved by CcmTLissioner Richards, seconded by Ccnudssioner Whitlock, adjourning the meeting. Carried 5-0. The meeting was adjourned at 8:40 p.m. • oe ii RAMDN A. DIAZ, Sec et RIC HARD ERWOOD, Chairman /tm 8 .r