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HomeMy WebLinkAbout0207 MINUTES PALM DESERT PLANNING COMMISSION REGULAR MEETING TUESDAY - FEBRUARY 7, 1995 7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE � * * * * * * * * * * * * * * * * * * * * * * * * I • CALL TO ORDER Chairperson Jonathan called the meeting to order at 7 : 00 p.m. II . PLEDGE OF ALLEGIANCE Commissioner Whitlock led in the pledge of allegiance. III. ROLL CALL Members Present: Sabby Jonathan, Chairperson George Fernandez Carol Whitlock Members Absent: Paul Beaty One Vacancy Staff Present: Ray Diaz Dick Folkers Bob Hargreaves Tonya Monroe IV. APPROVAL OF MINUTES: '� Consideration of the January 17, 1995 meeting minutes . Action: Moved by Commissioner Whitlock, seconded by Commissioner Fernandez, approving the January 17 , 1995 meeting minutes as submitted. Carried 3-0 . V. SUMMARY OF COUNCIL ACTION: Mr. Diaz summarized pertinent January 26, 1995 city council action. VI . RESOLUTION OF APPRECIATION FOR BOB SPIEGEL Action: Moved by Commissioner Whitlock, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1678, commending Robert Spiegel for his service as a planning commissioner. Carried 3-0. � MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 7, 2995 VII . CONSENT CALENDAR ,� A. Case No. PMW 95-1 - COACHELLA VALLEY WATER DISTRICT AND ACD2 , Applicants Request for approval of a parcel map waiver allowing a lot line adjustment to parcel 11 and lot B of PM 27925 located on Painters Path. Action: Moved by Commissioner Whitlock, seconded by Commissioner Fernandez, approving the consent calendar by minute motion. Carried 3-0 . VIII . PUBLIC HEARINGS A. Case No. CUP 88-8 Amendment - ALIBABA FARZANEH, Applicant Request for approval of a conditional use permit amendment to allow a 735 square foot expansion to Club 74 , an : existing 2400 square foot restaurant by � partially enclosing a roof deck patio at 73-061 E1 Paseo. Mr. Diaz stated that as indicated in the staff report the proposal was to enclose the existing patio. He indicated that there was a change--rather than enclosing 735 square feet of the patio area, the entire 1, 000 square feet would be enclosed. He noted that before the meeting staff received information that the Palm Desert Property Owners Association was concerned over the design; the proposal had apparently not gone through them. Staff recommended that the commission open the public hearing and take testimony. He felt the experience the city had with the owner and operator of Club 74 , as well as the property owner and developer of both sides of El Paseo at Highway 74, would indicate that they were both conscientious of what they were doing to the street and to their properties . Staff continued to recommend approval and felt there was no parking problem. Chairperson Jonathan asked if the Palm Desert Property Owners Association was equivalent to a homeowners association; Mr. Diaz concurred. Chairperson Jonathan noted that in the past the commission had disregarded their rules and regulations ; 2 � MINUTES PALM DESERT PLANNTNG COMMISSION FEBRUARY 7, 1995 � and if an application met the commission's criteria, then they had given approval and if legally the applicant had to get some other associations approval, that had not been their concern. He asked if they could proceed along those same lines . Mr. Diaz stated that they had not disregarded their recommendations, and they tried to cooperate with them. In the commercial area in recent times there had been some concerns, but if they proceeded with this, he would come up with a condition that could satisfy everyone. Chairperson Jonathan o ened the public testimony and asked the applicant to address the commission. MR. ALIBABA FARZANEH, 73-394 Regency Estates in Palm Desert, stated that he would work with the architectural review board to make the additional building look as nice as the city wanted to see. At this time he wanted approval so that his architect could proceed. He said that instead of 735 square feet they would like to enclose 1, 000 square feet because the landlord' s architect recommended that they do something permanent. He noted that would have open windows . He would not use the patio during the summer, and because of the no smoking laws, having this area would allow them to � accommodate smoking customers . It would be good for his business and asked the city to approve it so that he could proceed further wi�h his architect and the architectural commission. Commissioner Fernandez asked if Mr. Farzaneh would be meeting with the Palm Desert Property Owners Association. Mr. Farzaneh said that his first step after receiving approval would be to have his architect give him some suggestions; he wanted to change the design from what was already approved by the architectural review board and was already working with the landlord and their architect in Beverly Hills to come up with something that would look permanent, but would have that patio covered and it would be inviting to people with its open area. He had three restaurants and two of them had nice patios, but they could not book at lot of private parties because if it rained they had a problem. This would give him additional room to plan private groups . When Buford Crites asked about business, he replied that January was one of the best months he had ever had. By having the patio designed in a nice way, it would be classy and a nice addition to Palm Desert. He said that Fred Fern was very concerned about his building and he would not allow something that would not be good. � 3 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 7, 1995 Chairperson Jonathan noted that Mr. Farzaneh had preliminary �i approval from the architectural review commission and since he was converting from the 735 feet to 1,000, asked if the design would remain substantially the same. Mr. Farzaneh replied that the design of the west, north and east sides would stay the same, but he wished to change the design of the roof, which would go to the architectural review board after planning commission. What he had in mind was to make the roof triangular and use a glass treatment. Mr. Diaz suggested that after adopting the resolution, that staff be instructed to help the applicant to consult with the local property owners association. That way they would go to the local association with the design and they could make their comments and approve it or deny it. In essence what the commission would be approving would be the right to enclose the patio and then the ultimate design would have to be approved by the architectural commission. He noted that the city did not enforce local CC&R' s, however the commission could instruct staff that there was cooperation in a separate part of the minutes to insure that the Palm Desert Property Owners Association have seen the design and have indicated their concerns and everything could be worked out. In the past the property owner had done right by the city, as well as the operator of Club 74 . � Commissioner Whitlock noted that Mr. Farzaneh had been in business on that corner for some time and the owner of the building had owned that building a long time and asked why they had overlooked the property owners association review and why they didn't go to them first. Mr. Farzaneh said he didn't want to proceed until he received approval from the planning commission. He wanted their approval before spending a lot of money to have the architect design something presentable to whatever property owners associations were required. Chairperson Jonathan said that he did not have any problem with Mr. Diaz ' s suggestion because it fit into the spirit of cooperation, but he also felt it was important to recognize that when there was an association that had certain standards, those were irrelevant to what the commission did in terms of evaluating a project and how it fit into the zoning requirements and general plan. He didn't mind having the spirit of cooperation, but he felt it would be a mistake for the commission to be guided by these independent associations, whether on a residential or commercial project. He did not see that happening here, but saw it as a danger that needed mention. He informed Mr. Farzaneh that the 4 � MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 7, 1995 �•• normal process was before an applicant came to planning commission, the plans were complete--they had been through architectural commission and had an approved design so that the commission could see exactly what would go up on that property. They might make an exception here, but if he should return to the commission, it would be advisable to have a finished product for the commission to review and approve. He noted that Mr. Farzaneh mentioned smoking in the patio area and asked if that was in compliance with regulations and if it was his understanding that if there were open windows, they would be in compliance. Mr. Farzaneh said that if it was patio dining with enough open sections, then there could be smoking. He planned to have windows that would slide open and if it was raining, the windows would be closed and there would be no smoking. Chairperson Jonathan asked what the commission' s responsibility was when approving a project with regard to the new smoking laws . Mr. Diaz stated that the Riverside County Heath Department was the agency that would enforce the smoking regulations as adopted by the State of California. The city had been preempted by the state. Mr. Farzaneh said he would not go against the law and smoking was not the issue, but some customers wanted to smoke while eating dinner and this would draw those customers to his restaurant. Chairperson Jonathan noted that it used '� to be the opposite--if there was smoking in the restaurant, then they would go somewhere else. Chairperson Jonathan asked if anyone wished to address the commission in FAVOR or OPPOSITION to the proposal . MR. MELVIN GORDON, Vice President of the Palm Desert Property Owners Association, stated that he was instructed to bring to the commission' s attention that no plans had been presented to the property owners association architectural cammittee so that they could make an informed judgement as to the validity of the proposed improvements on this particular parcel . This property was remodeled a number of years ago and was supposed to be a city landmark. He did not think that any of the present commission members were on the commission at that time when that project was originally presented. He said that Mr. Fern, the owner of the property, remodeled it completely and he had Mr. Fox do the general contracting on it and the cupola which was in excess of the height limit. It was supposed to be a city landmark because of its visibility over a good portion of the valley when coming up Highway 111 in an easterly manner. He felt the project now being � 5 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 7, 1995 presented might impact the visual aesthetics of the � existing structure and they were concerned about that and would like to see that structure maintained in what was becoming a major intersection in the city. Chairperson Jonathan asked if the association' s specific concern was the roof. Mr. Gordon replied yes, and the exterior. They wanted to make sure it did not impact the general scheme of development along E1 Paseo adversely. They abandoned the f rontage road in order to give the owner an opportunity to increase the size of that structure and then permitted him to exceed the height limits in order to have a balanced aesthetic appearance by way of the elevations . They did not want the addition to impact the affect which had been created. They had no way of knowing if that would happen until they saw the plans . They had an architecture committee of licensed architects who would review them and make recommendations or suggestions which might eliminate any potential effect which might be adverse as far as the aesthetics were concerned. Mr. Farzaneh readdressed the commission. He stated that he was very pleased that Palm Desert residents were concerned about the look of the city and streets, but in response to Mr. Gordon, the proposal was not going to be ,r�i facing E1 Paseo, but an addition to the Highway 74 side and they would coincide with the existing building--that was why they put in the windows to match the side of the street and parking side. Mr. Fern was very concerned about the look of his property and he had his architect put a lot of effort to make sure the city and the residents would be happy with the addition. He said it would not make the building look bad or take away from the entry to the city. Mr. Diaz noted that in the conditions of approval under no. 5 it stated that prior to issuance of building permit for construction of any use contemplated by this approval, the applicant would first obtain permits and/or clearance from the following agencies and Palm Desert Property Owners Association was one of them. Chairperson Jonathan stated that he wanted Mr. Gordon to understand that there was a condition of approval in the resolution that there would be clearance obtained from the Palm Desert Property Owners Association. Mr. Gordon concurred. Chairperson Jonathan closed the public testimony and asked the commission for comments . 6 � MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 7, 1995 r.. Commissioner Whitlock stated that based on the conditions of approval and the reputation of the applicant, she would make a motion to approve the proposal . Action: Moved by Commissioner Whitlock, seconded by Commissioner Fernandez, approving the findings as presented by staff. Carried 3-0 . Moved by Commissioner Whitlock, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1679, approving CUP 88-8 Amendment, subject to conditions . Carried 3-0 . B. Case No. CUP 95-1 - MOHAMMAD AND NASRIN SHOJAEI, Applicants Request for approval of a conditional use permit to allow a 12 seat, 650 square foot restaurant with beer and wine license within an existing retail commercial building at 73-770 E1 Paseo. �• Mr. Diaz stated that staff was recommending approval of the conditional use permit. They felt there was more than adequate parking in the area for this use. He noted there was a letter from the owner of Neil ' s Apparel in favor of the project. Staff recommended that the commission adopt the resolution and approve CUP 95-1, subject to the conditions . Chairperson Jonathan opened the public testimony and asked the applicant to address the commission. MRS. NASRIN SHOJAEI, 73-770 E1 Paseo, stated that they opened the cafe a month ago and customers were asking for wine and beer. They were asking for more seats because they had the room and thought it would be good for business in the future. Chairperson Jonathan asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . MRS. EVELINE FARZANEH stated that she met Nasrin and her husband Mohammad about two years ago and wanted to tell the commission how proud of them she was . They were nice and hard working people and it pleased her that they were doing so well . She felt E1 Paseo needed more � � MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 7, 1995 � people like them. The response from the customers at � Neil ' s and J. Russell ' s was wonderful and hoped the commission would grant approval . Chairperson Jonathan closed the public testimony and asked for commission comments . Commissioner Whitlock stated that she felt it was great that they were doing so well and moved for approval . Action: Moved by Commissioner Whitlock, seconded by Commissioner Fernandez, approvinq the findings as presented by staff . Carried 3-0 . Moved by Commissioner Whitlock, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1680, approving CUP 95-1, subject to conditions . Carried 3-0 . C. Case No. PM 28100 - DESERT COMMUNITIES, Applicant Request for approval of the subdivision of a half acre from the eight acre clubhouse lot at Bighorn Golf Club to „�/ facilitate the sales/resales office relocation. Mr. Diaz stated that staff would recommend approval . This was the setting aside of a parcel of land for a residential use on the Bighorn site. Staff recommended approval subject to the conditions in the draft resolution. Chairperson Jonathan o ened the public testimony and asked the applicant to address the commission. MR. CLARK WARDELL, Vice President of Planning Development for Desert Communities Inc. , 75-231 Painted Desert in Indian Wells, explained that they were splitting off a portion of the clubhouse parcel in order to facilitate the move of the sales office from a residential lot to an area more conducive to this sort of business activity near the clubhouse. They had discussed this with most of the membership and they were comfortable with the move and would like to see them relocate the sales office from its current location. 8 � MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 7, 1995 �•• Commissioner Fernandez asked why they hadn 't done this sooner. Mr. Wardell replied that in the beginning when they created the clubhouse parcel they didn't know how the clubhouse would be constructed and what sort of footprint it would need. During the course of development the first area to be developed by Desert Communities was the residential communities, which they called phase 1, and they decided at that time that since the clubhouse parcel had not been graded and the clubhouse plans had not been completed, that they would bring in trailers to create a temporary sales facility closer to the actual homesites they would be selling. Now that they have mostly sold out of that phase, they would like to move the commercial activity away from the residents that were there now and free up that homesite to sell . Chairperson Jonathan asked how sales were going; Mr. Wardell replied that they had a good week; they sold two more homes and were negotiating another offer. The person who presented an offer on the homesite next to the sales office as a condition to the offer requested that the sales office be relocated. Chairperson Jonathan asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . There was no one and the '� public testimony was closed. Commissioner Whitlock fe].t that the proposal was acceptable and moved for approval . Action: Moved by Commissioner Whitlock, seconded by Commissioner Fernandez, approving the findings as presented by staff. Carried 3-0 . Moved by Commissioner Whitlock, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1681, approving PM 28100, subject to conditions . Carried 3-0 . IX. ORRL COMMUNICATIONS MELVIN GORDON, Palm Desert Property Owners Association, addressed the commission and expressed concern regarding an item that would be on the planning commission agenda on February 21, 1995 . Commission requested that Mr. Gordon address the commission with his comments at that time. Mr. Diaz stated that as soon as the staff report was available i.. 9 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 7, 1995 staff would contact him. Mr. Gordon requested that the � secretary be contacted at the property owners office. Mr. Folkers requested to be allowed to give a brief explanation of what has happened because he would not be at that meeting. He stated that they were presently getting a consulting contractor to go ahead and look at that area because they were talking about working with redevelopment to provide additional parking in that area. Very successful restaurants in that area have caused a problem and it impacted other businesses . They were also in the process of looking at the intersection of Highway 111, Highway 74 and Monterey. They were trying to provide adequate facilities for existing businesses and future facilities . They wanted to maximize the opportunity for everyone to have good businesses and not cause traffic or parking problems . X. MISCELLANEOUS None. XI . ECONOMIC DEVELOPMENT ADVISORY COMMITTEE UPDATE None. r/ XII . COMMENTS Chairperson Jonathan noted that at Cook Street and Hovley there was a grand opening banner hanqing between two palm trees . He asked if this was a permitted sign. Mr. Diaz replied no and indicated that he would notify the code compliance department. XIII . ADJOURNMENT Moved by Commissioner Whitlock, seconded by Commissioner Fernandez, adjourning the meeting to February 21, 1995 by minute motion. Carried 3-0, The meeting was adjourned at 7 : 37 p.m. � ,,n ' • .,�, .,, RAM N A. DIAZ, cr ry ATTEST: � ; . �_ j �---__.. ._______ �:/ SABBY JONATT�AN, Chairperson Palm DesertlPlanning Commission � \1 /tm 10