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HomeMy WebLinkAbout0706 MINUTES PALM DESERT PLANNING COMMISSION REGULAR MEETING TUESDAY - JULY 6 , 1993 7 :00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE I . CALL TO ORDER Chairman Spiegel called the meeting to order at 7 : 00 p.m. II . PLEDGE OF ALLEGIANCE Commissioner Jonathan led in the pledge of allegiance . III . ROLL CALL Members Present: Bob Spiegel , Chairman Paul Beaty Diane Cox Sabby Jonathan Carol Whitlock Members Absent: None Staff Present : Ray Diaz Jeff Winklepleck Bob Hargreaves Tonya Monroe IV. APPROVAL OF MINUTES : sir Consideration of the June 15 , 1993 meeting minutes . Action: Moved by Commissioner Whitlock, seconded by Commissioner Cox, approving the June 15, 1993 meeting minutes as submitted. Carried 5-0 . V. SUMMARY OF COUNCIL ACTION Mr. . Diaz summarized pertinent June 24 , .1993 council actions . VI . CONSENT CALENDAR None . VII . PUBLIC HEARINGS A. Continued Case No. GPA 93-3 - CITY OF PALM DESERT, Applicant Request for a recommendation to city council for approval of a Negative Declaration of Environmental Impact and an amendment to the General. Plan Land Use and Circulation Elements . MINUTES PALM DESERT PLANNING COMMISSION JULY 6 , 1993 Mr. Diaz requested a continuance to July 20 to allow the ,rr report of the committee composed of members of the economic development committee and the planning commission to receive council review and comment . He said those comments should be obtained on the 8th of July and the material could be to the commission on the 20th. Chairman Spiegel asked if it was normal for an item to go to city council before coming back to the commission . Mr. Diaz replied that in this particular case there was no "normal" . He felt that since the committee was composed of EDAC members , planning commissioners and outside citizens, and since the committee was headed by the EDAC and EDAC staff, they requested that the council receive the information and then come back to commission . Commissioner Whitlock noted that EDAC members are appointed by council and the function began at EDAC, so protocol dictated that it should go to council before anyone else saw it; they could chose not to have it go any further. Chairman Spiegel asked for a motion of continuance . Action : Moved by Commissioner Whitlock, seconded by Commissioner Cox, continuing GPA 93-3 to July 20, 1993 by minute motion. Carried 5-0 . B. Case No. CUP 93-7 - MATTHEW SAWYER dba THE SANDWICHBOARD, Applicant Request for approval of a conditional use permit for a 938 square foot restaurant at 73-405 E1 Paseo, Suite 32A. Mr. Winklepleck indicated the applicant was proposing a 938 square foot restaurant with a seating capacity of approximately 36 . In the past it had been staff ' s experience that restaurants of this size were beneficial to the retail tenants in the area and did not create parking problems . The hours of operation would be from 9 : 00 a .m. to 7 : 00 p.m. and based on the history of the existing facility on Highway 111 , the majority of business would be takeout and delivery in nature . He noted that the commission in the past had approved up to 20% of the total retail area of a building for restaurant uses without providing additional parking. Mr. Winklepleck said that with the Cedar Creek Inn and this 2 rrli MINUTES PALM DESERT PLANNING COMMISSION JULY 6 , 1993 proposal , restaurant uses would equal approximately 14 . 50 of the building area. As shown on the project data, there were 15 additional parking spaces that could be utilized . He also noted that this facility would be on the other side of the shopping center away from the Cedar Creek Inn, so there should not be a conflict between them. He clarified that Cedar Creek was at the corner of San Pablo and El Paseo; the proposal was on the other side of the complex along El Paseo which was two courtyard areas west within the same complex. Commissioner Cox indicated the area was down by Lupine; Mr. Winklepleck concurred . Mr. Winklepleck stated that another condition of approval needed to be added that an additional restroom was required per Uniform Building Codes . Staff recommended approval of the proposal . Commissioner Whitlock asked if the applicant was vacating their existing facility; Mr. Winklepleck stated that they were just moving to a new location. The applicant concurred. Commissioner Cox noted that seating for 36 persons would mean 10 to 15 cars at any one time, plus takeout . She said she understood the 20% of the total retail area for restaurants without requiring additional parking, but asked for clarification on the parking numbers staff discussed--she noted that at the Cedar Creek end the parking lot was usually full . Mr. Winklepleck felt that most of The Sandwichboard' s business was takeout and delivery and in the proposed area the applicant was aiming for walk-in traffic from the surrounding businesses . He said there were no set numbers and felt the 10-15 cars at any one time was a good measure. Commissioner Whitlock noted that if the restaurant was to be two pads away from Cedar Creek, that end of the lot always had parking available. Chairman Spiegel commented that under the conditions of approval the request had not been before the architectural commission; Mr. Winklepleck stated because there were no exterior changes to the building it did not have to go to ARC, but the sign would have to receive architectural commission approval . Commissioner Jonathan asked about the architectural rendering; Mr. Winklepleck explained that the rendering given to the commission in the packet was just to give them an idea of the inside layout. Commissioner Jonathan noted that when the condition was added for the second restroom the applicant would have to comply with handicapped requirements--he asked how this would effect the seating area; Mr. Winklepleck said 3 MINUTES PALM DESERT PLANNING COMMISSION JULY 6 , 1993 that if it did cut into the seating area, the seating area r/ would have to be reduced. He stated that 36 was the maximum number of seats and the additional restroom could potentially cut the seating area down. Chairman Spiegel opened the public testimony and asked the applicant to address the commission. MR. MATTHEW SAWYER, Sandwichboard owner, stated that The Sandwichboard had been in Palm Desert for 15 years and they were trying to relocate to E1 Paseo. He had been the owner for approximately six years and they wanted to get a place on E1 Paseo that the locals could afford to go to and feel comfortable with. He stated that Palm Desert was only geared to the tourist . He said they had a nice local following and that was the difference of their establishment and others that had tried to be on El Paseo. He indicated that they would take that local following with them and hoped to get additional walk-by traffic . He stated that they were a high class establishment and they would not create any parking problems . Most of their customers were from the surrounding businesses . Commissioner Whitlock asked why the business was moving; Mr. "No Sawyer replied that they needed an easier place for customers to locate; 15 years ago there was not much building in their area and believed that with what they had now, they could make a better go of it with the walk-by traffic from El Paseo. Commissioner Whitlock noted that she used their establishment with regularity and asked if they would continue to provide delivery service. Mr. Sawyer concurred and said they would not be rising their prices either. Mr. Diaz asked if the applicant would take down the existing awning; Mr. Sawyer replied yes . Chairman Spiegel asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal ; there was no one and the public testimony was closed. Action: Moved by Commissioner Whitlock, seconded by Commissioner Cox, adopting the findings as presented by staff . Carried 5-0 . Moved by Commissioner Whitlock, seconded by Commissioner Cox, adopting Planning Commission Resolution No. 1625, approving CUP 93-7 , subject to conditions as amended. Carried 5-0 . 4 � MINUTES PALM DESERT PLANNING COMMISSION JULY 6 , 1993 VIII . MISCELLANEOUS A. Case No. CUP 93-5 - RICHARD A. KIRKPATRICK, Applicant Request for adoption of a resolution denying a conditional use permit for a 4000 square foot family billiard room and entertainment center with onsite beer at 74-124 Highway 111 ( the former Houston Lumber building) . Staff noted that this was the resolution of denial per commission direction from the last meeting. Action: Moved by Commissioner Whitlock, seconded by Commissioner Cox, adopting the findings as presented by staff . Chairman Spiegel spoke to the motion and said that he was the only one that voted in favor of this project at the last meeting and he had a few comments to make: 1 ) he has lived here 11 years and believed that Hot Pockets had been around almost that length of time and had never heard or read of a problem with Hot. Pockets ; 2 ) Houston Lumber was a very unattractive building with a large sign over it standing empty with lumber bins in the back and he understood that it was becoming a place for the homeless to sleep and they would probably continue to sleep there until it was decided that something else would be done with it, which could be a long time in the future; 3) One reason some might have voted against the project was that there was a preschool behind the project, but no one was present from the preschool--they signed a petition, but no one attended the meeting. He did not feel the preschoolers would be using the facility and the applicant indicated he would put in a wall behind his property to keep patrons from accessing the facility from Alessandro; 4 ) As indicated by Commissioner Jonathan at the last meeting concerning the ball park, it was a conditional use permit and if problems occurred, it would come back to the city and the commission had the ability to terminate the use; 5 ) The commission could limit the hours of operation from a closing time of 2 : 00 a .m. to 11 : 00 p.m. , which would be similar to Ruth ' s Chris Steakhouse; and 6 ) The proposal was for a designated commercial area for the city and a billiard parlor came under commercial designations and for those reasons , he asked the low MINUTES PALM DESERT PLANNING COMMISSION JULY 6 , 1993 commissioners to possibly re-look at their vote and reconsider the planned billiard parlor. Commissioner Whitlock stated that all the points were well-taken, but she voted against it because the neighbors in the area were highly opposed to that type of business coming into their area where they were well established. She asked why she should change her vote based on that reasoning; what would the applicant do differently. Chairman Spiegel asked if Commissioner Whitlock was suggesting that a billiard parlor would effect the business at Maple Leaf Plumbing, Wacky Wicker or Ace Hardware; Commissioner Whitlock thought the reasons those businesses cited for not wanting the billiard parlor there helped her with her decision and although the preschool entered into it, it was not a factor in her final decision. Chairman Spiegel indicated the reasons they gave were parking and noted that parking facilities would be made available to take care of the needs of the billiard parlor. Based on the traffic at the current Hot Pockets adjacent to B. B. O' Briens which received more of that age crowd, there would be more back and forth traffic than at Wacky Wicker, Ace Hardware or Maple Leaf Plumbing. Commissioner Whitlock felt that Hot Pockets next to B. B. �■rY O' Briens was a more appropriate location for the use. She was not convinced that Houston Lumber was an appropriate location for Hot Pockets . She said that she would not change her vote. Chairman Spiegel asked if Maple Leaf Plumbing, Ace Hardware and Wacky Wicker being opposed was enough of a reason to vote against it; Commissioner Whitlock replied that for her it was . Commissioner Cox said she was opposed to the billiard parlor because of the testimony in opposition, in addition to her concern regarding parking and frontage road traffic . She noted that one thing asked of the planning department was that they work with the Kirkpatricks to try and find an alternative location. She felt that the Kirkpatricks had a good business and they were upstanding business people in the city and looked forward to having that kind of good hands-on management of a business in another location. She asked about the status of any discussion between staff and the Kirkpatricks; Mr. Diaz indicated they were looking at another location. Commissioner Cox stated that she could appreciate the fact that they were looking at an ugly, empty building on Highway .111 that she would like 6 VANO MINUTES PALM DESERT PLANNING COMMISSION JULY 6 , 1993 to see occupied, but felt the billiard hall was an inappropriate use. Commissioner Jonathan added that Chairman Spiegel ' s arguments were compelling, but the points that were against it were the surrounding businesses and land owners being opposed. One thing about a conditional use permit was that it was granted if it was not detrimental to the public good of the surrounding owners and he felt that there was a general consensus that .it may have been. The other reason was this is a good mechanism that certain uses within a zoning do require a conditional use permit and he felt there were valid reasons for that; in this case he felt the system worked. The fact that there was a school nearby and whether or not they were at the meeting, his feeling as a commissioner was that it would be irresponsible to put in a pool hall , no matter how well it was run, where there would be drinking, smoking, billiard playing. He did not feel anyone could do a better job than the Kirkpatricks, but as a planner he felt it would be irresponsible to put that type of facility next to a school . In this case he felt the conditional use permit process served its purpose. He felt that Chairman low Spiegel ' s arguments were compelling, but the other ones in his opinion over-rode them. Chairman Spiegel called for the vote . Motion carried 4-1 (Chairman Spiegel voted no) . Moved by Commissioner Jonathan, seconded by Commissioner Whitlock, adopting Planning Commission Resolution No. 1626 , denying CUP 93-5 . Carried 4- 1 (Chairman Spiegel voted no) . Chairman Spiegel noted that he spoke with Randy at Maple Leaf Plumbing who agreed that it would be good to get something in that vacant building because they were beginning to get derelicts over there. Commissioner Cox felt that issue could be raised to get something done. Mr. Diaz said that one problem with Houston Lumber was the wood palettes in the back and indicated he would contact the fire department . Unfortunately, he did not know what could go in that location or how soon because of the economy. 7 MINUTES PALM DESERT PLANNING COMMISSION JULY 6 , 1993 IX. ORAL COMMUNICATIONS +� None. X. COMMENTS None. XI . ADJOURNMENT Moved by Commissioner Whitlock, seconded by Commissioner Beaty, adjourning the meeting by minute motion . Carried 5-0 . The meeting adjourned at 7 : 26 p.m. RAMON A. DIAZ , gFec ary ATTEST: ROBERT A. SPIE f , /"Chai.rman WA/ Palm Desert Planning Commission /tm 8