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Home My WebLink About0319 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - MARCH 19, 1991 7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE * � * � * * * � * * * * � � * * * � � * � * � * i"" I. CALL TO ORDER Chairperson Whitlock called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Erwood led in the pledge of allegiance. III. ROLL CALL Members Present: Carol Whitlock, Chairperson Bob Downs Rick Erwood Sabby Jonathan Jim Richards Members Absent: None Staff Present: Ray Diaz Joe Gaugush Phil Drell Tonya Monroe Kandy Allen IV. APPROVAL OF MINUTES: +r.r Consideration of the March 5, 1991 meeting minutes. Action: Moved by Commissioner powns, seconded by Commissioner Erwood, approving the March 5, 1991 meeting minutes as submitted. Carried 5-0. V. SUMMARY OF COUNCIL ACTION Mr. Diaz summarized pertinent March 14 city council items. VI. CONSENT CALENDAR None. VII. PUBLIC HEARINGS A. Continued Case Nos. PP 90-26, VAR 90-7, GPA 90-4, C/Z 90- 14 - ACACIA PARTNERS, Applicant Request for approval of a General Plan amendment and change of zone from low density single family residential to professional office, O. P, zone; precise ..+ MINUTES PALM DESERT PLANNING COMMISSION MARCH 19, 1991 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 explained that the partnership had been dissolved and the property owner requested to appear before commission to ask for direction. Staff indicated that the precise plan was not acceptable as proposed and felt the applicant should withdraw his request, rather than receive a denial and be restricted to wait one year before reapplying. Chairperson Whitlock opened the public testimony and asked the applicant to address the commission. He was not present. Chairperson Whitlock asked if anyone wished to speak in FAVOR or OPPOSITION ta the proposal . There was no one and the public testimony was closed. After discussion, commission directed staff to prepare a resolution of denial for adoption at the next meeting with the understanding that the applicant might withdraw before approval of that resolution. Action• Moved by Commissioner powns, seconded by Commissioner Richards, directing staff to prepare a resolution of denial . 'r' Carried 5-0. After public hearing item C ( 8 :41. p.m. ) Mr. Cardero, the applicant, addressed the commissiori and asked what action had been taken. Chairperson Whitlock reopened the public testimony. Commission and staff informed him of the decision. After discussion, the applicant withdrew his application. Mr. Drell asked the applicant to give provide a letter stating that he withdrew. Planning commission accepted tt�e withdrawal . B. Continued 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 El Paseo and Ocotillo Drive. 2 � MINUTES PALM DESERT PLANNING COMMISSION MARCH 19, 1991 Mr. Drell reviewed the proposal and results of his investigation into the acquisition of the vacant piece of land ""' to mitigate parking concerns. A video was also provided showing parking availability around the noon hour. Commission and staff discussed parking issues. Staff felt that sufficient parking was available and recommended approval . Chairperson Whitlock o ened the public testimony and asked if the applicant wished to address the commission. MR. FRED FERN, 49-591 Canyon View Drive in Palm Desert, explained that he had also contacted the gentleman who had a 30 year lease on that vacant lot and he did not know an amount he would be willing to lease the property for. He discussed the parking study in detail , which had been completed by J .F. Davidson and was distributed to commission previously, and with supporting documentation from the video and required employee parking, he felt that there was sufficient parking available for California Pizza Kitchens and the other tenants. Mr. Fern and Mr. Fletcher distributed letters in support of the proposal from all of their tenants and indicated that Mr. Langman and Mr. Cunard were also in favor. MR. ROBERT CUNARD, La Qunita resident, informed commission that there was not a parking problem. He � stated that Cunard' s was serving between 35 to 80 lunches during that time of the day, but did not feel that was a problem. Chairperson Whitlock asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . DR. PAUL CAMPBELL, 73-91p El Paseo Business Association Board of Directors, spoke in favor of the development, noting that the E1 Paseo Business Association budgets $100, 000 to attract people to El Paseo. He felt the city was interested in economic growth and wanted to proceed forward instead of backward. He also stated that they would like to see an increase of signage to show where parking was available. He felt California Pizza Kitchens would be an asset. MS. VIRGINIA PETERMAN, 73-111 El Paseo, stated that she did nat realize that there was a parking survey being conducted last Friday and informed commission that was one of her business ' s busiest days . She felt that there was also plenty of parking available. 3 .... MINUTES PALM DESERT PLANNING COMMISSION MARCH 19, 1991 Chairperson Whitlock closed the public testimony. � Commissioner Jonathan stated that there was still a 40 space parking shortage according to the zoning ordinance and saw no reason to make an exception. Commissioner Erwood stated that he did not see a parking problem. Commissioner powns asked where the shortage was and Mr. Drell stated that when dealing with restaurants and the ordinance, all the restaurants on E1 Paseo received a parking variance with the exception of Tai Ping. Commissioner Richards stated that he did not like the way staff had presented this case. He felt that if the parking studies were correct, then the zoning ordinance should be changed. Mr. Drell indicated that the zoning ordinance was designed for a stand-alone restaurant. Mr. Diaz indicated that was the reason for the conditional use permit process. Commissioner Richards felt that approval of this restaurant would begin a dangerous precedent and there might be an unforseen chance that Mr. Fern would not be involved in the project in the future. He felt the city should look ahead. � After further discussion, Chairperson Whitlock stated that she did not see a parking problem and commended Mr. Fern on the parking study. She felt that it was fair to take each proposal on a case by case basis. Commissioner powns stated that he felt the same way and did not see a parking problem. Action• Moved by Commissioner Erwood, seconded by Commissioner powns, approving the findings as presented by staff. Carried 3-2 ( Commissioners Jonathan and RicF�ards voted no) . Moved by Commissioner Erwood, seconded by Commissioner powns, adopting Planning Commission Resolution No. 1501, approving CUP 91-4, subject to conditions. Carried 3-2 ( Commissioners Jonathan and Richards voted no) . C. Case No. HDP 91-1 - RICHARD AND MARILYN FROMME, Applicants Request for approval of a hillside development plan to raise the elevation 4 � MINUTES PALM DESERT PLANNING COMMISSION MARCH 19, 1991 and increase the area of a single family lot located on a five acre parcel at the °1�' base of the slope west of the Palm Valley Storm Channel . 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. RICHARD FROMME, 48-625 Paisano Road in Palm Desert, informed commission that when he purchased the property there was a nice view on this secluded lot. Then came problems with the construction of the channel and the water district raising the grading around him, leaving him in a hole. He suggested that maybe the water district would be persuaded to give him extra infill if his request was granted. 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 powns stated that he looked at the site and the �, applicant was in a hole. Commissioner Richards was also in favor of the request and indicated that staff should write a letter to Mr. Tom Levy and ask if they would be kind enough to help Mr. Fromme. Commission concurred. Action: Moved by Commissioner Richards, seconded by Commissioner Jonathan, approving the findings as presented by staff. Carried 5-0. Moved by Commissioner Richards, seconded by Commissioner Jonathan, adopting Planning Commission Resolution No. 1502, approving HDP 91-1, subject to conditions. Carried 5-0. VIII. MISCELLANEOUS None. IX. ORAL COMMUNICATIONS None. 5 ..+ MINUTES PALM DESERT PLANNING COMMISSION MARCH 19, 1991 X. COMMENTS .rr None. XI. ADJOURNMENT Moved by Commissioner powns, seconded by Commissioner Erwood, adjourning the meeting. Carried 5-0. The eting was adjourned at 8: 50 p.m. d��i��l� • �� RAMOr: 11. DIAZ, ec ary ATTEST: CAROL WHITLOC , Chairperson /tm ■rr 6 r