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HomeMy WebLinkAbout0219 � �. MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - FEBRUARY 19, 1991 7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE � * * * * * * * �r * * � * � � * * * * * � * � � +�rr I . CALL TO ORDER Chairperson Whitlock called the meeting to order at 7:05 p.m. II. PLEDGE OF ALLEGIANCE Chairperson Whitlock led in the pledge of allegiance. III . ROLL CALL Members Present: Carol Whitlock, Chairperson Rick Erwood Sabby Jonathan Jim Richards Members Absent: Bob Downs Staff Present: Ray Diaz Phil Drell Kandy Allen Joe Gaugush Jeff Winklepleck Tonya Monroe IV. APPROVAL OF MINUTES: � Consideration of the January 15 and February 5, 1991 meeting minutes. Action: Moved by Commissioner Jonathan, seconded by Commissioner Erwood, approving the January 15 and February 5 meeting minutes as submitted. Carried 4-0. V. SUMMARY OF COUNCIL ACTION Mr. Diaz summarized pertinent February 14, 1991 city council actions. VI. CONSENT CALENDAR A. Case No. PMW 91-1 - WESTINGHOUSE DESERT COMMUNITIES, Applicant Request for approval of a parcel map waiver to allow a lot line adjustment of property within Tract 25161 . �..� � �. MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 1991 B. Case No. PMW 91-2 - HAROLD G. MICHAELS, Applicant Re uest for a � q pproval of a parcel map waiver to allow lots 6 and 7 on El Cortez Way to merge into one lot. Commission decided to vote on these items separately. Regarding PMW 91-1, Commissioner Richards thanked the developer for inviting the commission to the facility, but suggested that from a safety standpoint the cart path on the second hole be changed because it was dangerous and could cause an accident. Action• Moved by Commissioner Richards, seconded by Commissioner Jonathan, approving PMW 91-1 by minute motion. Carried 4-0. Moved by Commissioner Richards, seconded by Commissioner Jonathan, approving PMW 91-2 by minute motion. Carried 4-0. VII. PUBLIC HEARINGS A. Continued Case Nos. PP 90-26, VAR 90-7, GPA 90-4, C/Z 90- 14 - ACACIA PARTNERS, Applicant Re uest for a � q pproval of a General Plan amendment and change of zone from low density single family residential to professional �ffice, O.P. zone; precise plan and setback variance for a 14, 000 square foot office building on the south side of Fred Waring Drive between Acacia Drive and San Luis Drive. Mr. Drell stated that the applicant was preparing a redesign and was requesting a 30 day continuance. Chairperson Whitlock o ened the public testimony and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal. There was no one. Action• Moved by Commissioner Jonathan, seconded by Commissioner Richards, continuing this case to March 19, 1991 . Carried 4- 0. 2 � . � MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 1991 B. Continued Case Nos. PP 90-29, VAR 90-8 - TRIAD PACIFIC DEVELOPMENT CORPORATION, Applicant � Request is for a precise plan of design and variance to allow construction of 136, 944 square foot office/commercial project on an 8.92 acre site at the northeast corner of Hovley Lane and Cook Street in the O.P. zone. Mr. Winklepleck reviewed previous commission concerns and outlined the changes made by the applicant. He noted that the applicant was still requesting the 30 foot building height. Chairperson Whitlock o ened the public testimony and asked the applicant to address the commission. MR. ROBERT RZCCIARDI, 75-090 St. Charles in Palm Desert, informed commission that he tried to address their concerns and felt they could do some lowering of the grade. He indicated that he would like at least 28 feet for the air conditioning type system they would be using. He noted that a satellite pad pattern was provided and those pads would come to planning commission for approval as they developed. �""' Chairperson Whitlock asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . There was no one and the public testimony was closed. Commissioner Jonathan stated that he was pleased with the improvements and felt that more visual interest had been provided. He also felt that he was willing to live with the 30 foot height rather than have the roof top equipment visible. Commissioner Erwood noted that he did not have a problem with the project as proposed and felt it was an improvement over the previous design. Commissioner Richards stated that he liked the building, but felt that the final height should not exceed 28 feet. After discussion with public works and planning staff, commission determined that the following conditions should be added: 1 ) Project be subject to the 28 foot height limitation determined by finished pad elevation set by the city; and 2 ) Unless waived, future buildings shall meet the 3 � � �. MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 1991 provisions of the Satellite Pad Information and Criteria for Hovley Corporate Centre attached as Exhibit A to the v' resolution. "+� Action• Moved by Commissioner Richards, seconded by Commissioner Erwood, approving the findings as presented by staff. Carried 4-0. Moved by Commissioner Richards, seconded by Commissioner Erwood, adopting Planning Commission Resolution No. 1494, approving PP 90-29, VAR 90-8, subject to conditions as amended. Carried 4-0. C. Case No. PP 90-24, VAR 91-1 - JAMES WALLER, Applicant Request for approval of a precise plan and setback variance for a 3, 528 square foot addition and remodel of an existing commercial building (Malaga Square) on the southeast corner of E1 Paseo and Sage Lane. Mr. Drell outlined the salient points of the staff report and recommended approval. � Chairperson Whitlock opened the public testimony and asked if the applicant wished to address the commission. MR. RICHRRD FISCHER, 75-014 St. Charles, informed commission that he worked with the client and staff and felt they had come up with a project that would fill a void on E1 Paseo and would be an asset. He indicated that the second story would be used for offices and would be recessed back to give an appearance of being one story, which the architectural commission preferred. Commissioner Jonathan asked why the applicant couldn' t accomplish the project without the setback variance. Mr. Fischer replied that the variance would allow the project to line up with other buildings. He also stated that they had a five foot setback, but architectural commission felt the facade would disguise the second story. Mr. Drell noted previous problems that had occurred with other business from not having adequate accessibility. Commissioner Jonathan felt that the design should be more creative to allow the building without the setback variance. 4 � • �. MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 1991 After further discussion, Chairperson Whitlock asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed �"'' project. There was no one and the public testimony was closed. Chairperson Whitlock and Commissioners Richards and Erwood felt the building as proposed was acceptable. Commissioner Jonathan did not feel the variance was warranted. Action: Moved by Commissioner Richards, seconded by Commissioner Erwood, approving the findings as presented by staff. Carried 3-1 (Commissioner Jonathan voted no) . Moved by , seconded by Commissioner Richards, adopting Planning Commission Resolution No. 1495, approving PP 90-24 and VAR 91-1, subject to conditions. Carried 3-1 (Commissioner Jonathan voted no) . D. Case No. CUP 91-4 - CALIFORNIA PIZZA KITCHENS, INC. AND FRED FERN, Applicants Request for approval of a conditional use permit to allow a 4880 square foot restaurant with a 410 square foot outdoor �"` patio and liquor license in the E1 Paseo Collection North commercial complex at the northwest corner of E1 Paseo and Ocotillo Drive. Mr. Drell outlined the salient points of the staff report and noted that a traffic study had been completed by the firm of J. F. Davidson. He felt that with the employee parking program and other considerations, California Pizza Kitchens would be beneficial to the area. Commissioner Richards felt there were plenty of restaurants in the area and not enough parking now. He felt it would not be fair to the rest of the tenants to allow a restaurant in this location without providing adequate parking. He noted there was a piece of vacant land that could be bought by the city or the applicant and turned into parking. Mr. Diaz indicated that employee parking could be mandated and noted there had not been complaints about parking in this area. Commissioner Jonathan and Mr. Drell discussed parking at Cedar Creek; Mr. Drell felt that the tenants adjacent to Cedar Creek 5 � � �. MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 1991 benefited from that restaurant, but Commissioner Jonathan felt an increase in traffic and decrease in parking spaces for the � future would be a mistake. Chairperson Whitlock opened the public testimony and asked the applicant to address the commission. MR. FRED FERN, a general partner in the project, 45-951 Canyon Drive in Palm Desert. He indicated that E1 Paseo Collection brought in major national names and while they had not planned on having a restaurant in this location, when California Pizza Kitchens approached them they felt it would be an enhancement to the project and would bring the right type of customer to E1 Paseo, during the lunch hour which was what the stores would like to have. He stated that he understood the concerns about the parking and had provided a parking study and aerial photograph of the area. He felt the problem for the non-national tenants was not a parking problem, but a customer problem. He informed commission that he spoke with Mr. Robert Cunard and they were part of the parking association, but Baker' s Square was not, but entirely off their premises, as well as the Shell station and should not be using their parking. He stated that Mr. David Langman was supportive and said people could park in his lot and submitted a letter to that effect. Others that � were supportive were Fidelity Federal and Carl Karcher Jr. He provided a package to the commission of people he contacted that were in support and some had provided letters. He indicated that there were tenants present from all the concerned buildings: ( i.e. Loran Loran' s Loran Arvizu and Sharon Kite; Stan Harris of The Vault; John Kappmeyer of the Children' s Shop that had not opened yet; and letters from the managers of Mondi ' s and Chico' s. He spoke to all the tenants of E1 Paseo Collection, one of the owners of Martha' s Gifts, Peggy Arnold of Le Grand Salon, had a letter from Michael Gray; Alibaba Farzaneh of Club 74 was supportive; Jacques Sellam of Daniel Foxx and Virginia Peterman of Diane Freis Boutique, letters from Jerry Liss and support from Tyler Ryder of Polo Ralph Lauren; a call from Connie Katz of Coda Gallery in the Elegante building was supportive of the restaurant. He met with the E1 Paseo Business Association, Paul Campbell and Martin Kaufman were present and were supportive. He stated that he was unable to find anyone against California Pizza Kitchens and felt it would be a benefit to the area. He stated that they set up some parking rules similar to E1 Paseo 6 � � � MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 1991 Collection and they implement the rules during the season. He informed commission that half the lot to two- �' thirds of the lot was empty most of the time. He felt the properties would support each other and the new project talked about by Richard Fischer, those customers would walk down to E1 Paseo Collection North to eat at the California Pizza Kitchen, which was why there was not a parking problem. He said they have in their lease strict enforcement of the parking plan and the tenants are prepared to support it. He stated they would require the employees to park in the back of E1 Paseo Collection across the street. The employees of E1 Paseo Collection would be required to park behind the Galleria, which Virginia Peterman commented to him that since Aida Gray left, was almost entirely empty. He indicated that the issue was enforcement and read a clause from the letter from Mimi Taylor of Mondi ' s, "My staff will gladly do whatever it takes to accommodate the parking necessary to support our new neighbors" and she understood what the requirements would be. Also, a letter from Chico' s agreed to the parking plan, "I, Roxana Reeves, manager of the store, agree with the newly proposed parking across from the store and agree that by having the addition of the California Pizza Kitchen would be a definite positive addition. " Mr. Fern noted that the restaurant would be to the tenants economic benefit. He ''""" assured commission that on a personal level, he would see that whatever had to be done would be done. He introduced Mark Monroe, manager of the Robert Cunard' s restaurant. MR. MARK MONROE, general manager of Cunard' s, informed commission that Mr. Cunard whole heartedly endorsed the arrival of California Pizza Kitchens. Commissioner Richards asked if Mr. Monroe remembered an incident between a valet parking attendant and a citizen. Mr. Monroe noted there was a verbal altercation between a valet and someone who was driving over the curb to park in the dirt, but there was not a physical confrontation. Mr. Fern noted that J.F. Davidson was present to answer any questions about the parking study. Chairperson Whitlock asked if there were anyone else present who wished to address the commission in FAVOR or OPPOSITION. MR. MARTIN KAUFMAN, 73-690 E1 Paseo, of the E1 Paseo Business Association, stated they made a field trip and had a presentation of the California Pizza Kitchen and 7 rr.. �. MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 1991 informed commission that this was not just another restaurant, but a new concept of a restaurant and not " just another pizza house, but a gourmet pizza facility. `� He stated that wherever they locate they bring people in and their pizza' s have duck sausage, peanut sauce on pizza and others. He understood they were located in 12 places across the country and all were in prestigious locations ( i.e. Los Angeles, Fashion Island in Newport Beach) . He felt the parking problem could be solved by the owners of the restaurant. They know they have to have the parking for their customers and will enforce the employee parking. He indicated that every shopping area needs an anchor store and felt that Mr. Drell ' s report was excellent on the concept of a shopping area and the necessity of having a "Cedar Creek" in a shopping area and would rather have a "Cedar Creek" next to him than any other type of business. He stated that the E1 Paseo Business Association strongly urged the commission to approve the conditional use permit. MR. IRVING FIEGER, owner of two apartment houses in the area, 73-170 Tumbleweed Lane and at 45-875 Ocotillo near this property. He came to listen to another project, but was happy to be here to speak. He was supportive of whatever Mr. Fern was proposing and informed commission that he was a CPA and Mr. Fern was his client about 30- � 35 years ago. He was proud of what Mr. Fern did to upgrade the property in that area. He also felt that Mr. Fern was a man of the highest integrity and whatever he says, he would do. DR. PAUL CAMPBELL, president of the E1 Paseo Business Association Board of Directors, stated there were five or six members of the board present and indicated they were concerned about business on E1 Paseo. He referred to the Palm Desert Core Commercial Rrea Specific Plan and read one sentence from that, "Emphasis should be placed on solving potential parking or traffic problems in a positive manner rather than through restrictions on the level of economic activity. " He interpreted that to say that they would be thankful to have a parking problem. LORAN of Loran Loran Salon, pointed out that being from Los Angeles and previously working in a mall that contained California Pizza Kitchen, it upgraded the area and since arriving in the desert, everyone referred to E1 Paseo as the Rodeo Drive of the desert and felt that Mr. Fern was the first person to bring that to El Paseo 8 � � �. MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 1991 and felt California Pizza Kitchen would bring E1 Paseo up to that standard. � MR. JACQUES SELLAM, owner of the Daniel Foxx Boutique, stated that there was more and more retail and all were working to be successful, and watching for the future; he felt more restaurants were needed and more variety of restaurants. He felt that California Pizza Kitchens would be open longer to create more traffic flow. He felt that traffic would create an ambience that would be good for E1 Paseo and Palm Desert. MR. RICHARD KITE, 73-051 Skyward, part owner of Loran Loran, agreed with staff' s concept of a major anchor tenant being necessary to be successful and felt California Pizza Kitchens was a tenant they needed. He agreed with Commissioner Richards that there are restaurants in the area, but some were on the other side of Highway 74 or south side of E1 Paseo. He indicated they were concerned about the parking area immediately adjacent to the Collection and most times during the afternoon it wasn' t terribly crowded and some were probably employee cars, which the parking requirement would free up. He felt the project should be approved. MS. VIRGINIA PETERMAN, manager of the Diane Freis `�' Boutique, an international company, stated that she was pleased to hear that California Pizza Kitchens wished to locate on E1 Paseo. She indicated that people ask where they can get a cup of coffee or a coke or �ust sit and relax for a bit, and restaurants on E1 Paseo close in the early afternoon. Up to now, they have been supplying something or they go to the Town Center. She stated that in 1987 the parking behind the Galleria center was full; today it was really empty. When Aida Gray was there on Fridays and Saturdays tha parking lot was full; they weren't there any longer. She felt that the employees would be glad to walk a couple of blocks to bring customers to E1 Paseo. MR. JOHN KAPPMEYER, owner of the Children' s Shop on E1 Paseo for the last 19 years. He stated that he started negotiations with the Collection four or five months ago and Mr. Fern knows he knows what he is doing. He indicated that it was very clear in his lease there would be a parking concept. He also recommended that commission listen to staff. He was the first vice president of the Palm Springs Business Improvement, Board 9 � � �. MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 1991 of Directors of their main street, and was on the Downtown Planning Commission for Sencot. He felt that restaurants with indoor/outdoor '""�" patio concepts like California Pizza Kitchens was what shopping was all about. He felt that this end of E1 Paseo needed that and Palm Springs was trying to put that back onto the streets. MR. TYRONE LOVE, of Martha' s Gifts in the E1 Paseo Collection building, stated that they were a small store and were looking at this situation as generating more business than there was now. He felt something to draw foot traffic was needed, not only during the season, but in the summer time. Chairperson Whitlock closed the public testimony. Commissioner Jonathan commended Mr. Fern on his efforts and understood that this would help E1 Paseo business, but the parking issue was vital to the city as a whole. He was opposed to a use coming in to the city with a 40 parking space shortage. He stated that he would like to see the parking issue addressed prior to the planning commission making a . decision. He noted that the more successful the business is, the more of a problem there would be. He stated that the parking issue should be solved and the project brought back. � Commissioner Richards felt there was a parking problem even before this project came up. He. stated that his concern was that there was only the one vacant piece of land left, and that land is zoned commercial and if developed with another restaurant, the planning commission would have to go through the same thing. He stated that Baker' s Square, previously Sambo' s, barely had adequate parking and then Stanley B ' s was built. He felt there was not enough parking now in the area for anything and to add a successful restaurant, it had to be considered that people would want to drive there also. Carl ' s Jr. , Baker' s Square, and the Shell Station were all an integral part of this project and he suggested that the city should look at that vacant piece of land and through the redevelopment agency or condemnation, make it into a parking lot. He felt that the developer had done a good job, the present tenants would like to see this passed, but parking had to be addressed first. Mr. Drell indicated that one person owns the property where the Shell Station, Baker' s Square, and this vacant parcel were located. He stated that he has referred developers to this 10 � � �. MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 1991 : owner. He also noted that there was a parking authority created by the city that has the power to condemn property for � development of parking lots. He indicated that this was something that could be investigated. Commissioner Richards stated that he felt the problem exists now and that the owners of Cunard' s and Baker' s Square were probably losing business because people couldn' t find parking spaces. He recommended a continuance and directed staff to set in motion an inquiry as to the possibility of the city acquiring this land by condemnation rights. He noted there was no access to Highway 111 to the vacant parcel, and felt it should be a parking lot. Chairperson Whitlock stated that she frequents this area regularly and did not have a parking problem. She stated that she was there quite often during the noon hour and had not had a problem. She felt that if California Pizza Kitchens was going to be as well received as it had been in other locations, there probably would be a parking problem in the future. She concurred with the continuance and felt this would be a fine addition and a good location. Commissioner Richards noted that the city could offer to lease Y the property and pave it and should start at that level . He stated that he could live with a process of approval on `�"' another date that if there were some communications and positive direction from the city council and legal questions answered in a preliminary fashion, he could live with the fact that the development could be conditioned on the city acquiring certain parking rights to that parcel, even if it was a swap. He noted that Fidelity Federal parking was not good and felt something could take place that would be better for both of the projects. He stated that the commission likes the pro�ect, but does not have available parking for it right now. Commissioner Jonathan concurred, but did not want to rule out the possibility that other entities might get involved in this as the leaders (i.e. the owner of the property here, the E1 Paseo Merchant' s Association, etc. ) . Chairperson Whitlock reopened the public testimony. Action: Moved by Commissioner Jonathan, seconded by Commissioner Richards, continuing CUP 91-4 to March 19, 1991. Carried 4- 0. 11 wrr � �. MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 1991 VIII. MISCELLANEOUS � A. ELECTION OF A PLANNING COMMISSIONER TO THE NEW CITY TRAILS COMMITTEE Mr. Diaz explained that this committee was established by the city council to study the regional trails for hiking, eguestrian uses, jogging, bicycling, etc. Staff recommended to council a limit of five to seven members and wished to have one planning commissioner on the committee. Mr. Diaz noted that the first meeting would be Monday, February 25, 1991 at 7:00 p.m. Commissioner Erwood volunteered to serve on the committee. Action: Moved by Commissioner Richards, seconded by Commissioner Jonathan, selecting Commissioner Erwood to the Palm Desert Trails Committee. Carried 4-0. IX. ORAL COMMUNICATIONS None. X. COMMENT$ � 1 . Commissioner Richards noted that he received a letter from Del Gagnon regarding the naming of the Cahuilla Park. Mr. Gagnon wanted to know who named the park and if that name could be changed to something more appropriate. Mr. Diaz said that the letter would be referred to the city council and the parks and recreation commission. 2. Chairperson Whitlock noted that the Planning Commissioners Conference would be March 20-22 this year and commissioners should contact staff if they plan to attend. 3. Commissioner Richards addressed the issue of water conservation and felt the city should have set conditions of approval for all future projects. He felt that a letter should be sent to the water district to invite them to come before the commission and/or council and talk about their advice on what the city should do to conserve water. Also, he wanted someone from the fire 12 � � �. MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 19, 1991 department to address the commission on secondary access versus using sprinklers. � Chairperson Whitlock noted that the city had started with the use of drought tolerant plants. Ms. Allen indicated that she had done a draft ordinance and while the water district insists there is no problem, public perception could be a problem. Mr. Diaz felt that usually when a problem occurs it is in the single family residential areas. XI. ADJOURNMENT Moved by Commissioner Richards, seconded by Commissioner Jonathan, adjourning the meeting. Carried 4-0. The meeting was adjourned at 9 : 12 p.m. � � ,- . RAM N A. DIAZ, ec ary ATTEST: !1 �' � �rr�r �r ��. �dr�Jl,,�, �f � + CAROL WHITLOCK, Chairperson /tm 13 �..�.