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HomeMy WebLinkAbout0317 MINUTES PALM DESERT PLANNING COMMISSION REGULAR MEETING TUESDAY - MARCH 17, 1998 � 7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE * * * * * * � * * * * * * * * * * * * * * * * � * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Chairperson Campbell called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Finerty led in the pledge of allegiance. III. ROLL CALL Members Present: Sonia Campbell, Chairperson Paul Beaty George Fernandez �` Cindy Finerty Sabby Jonathan Members Absent: None Staff Present: Philip Drell, Director of Community Development Bob Hargreaves, Assistant City Attorney Steve Smith, Planning Manager Martin Alvarez, Assistant Planner Mark Greenwood, Traffic Engineer Kim Chafin, Senior Office Assistant IV. APPROVAL OF MINUTES Request for consideration of the March 3, 1998 meeting minutes. Action: It was moved by Commissioner Beaty, seconded by Commissioner Finerty, to approve the March 3, 1998 minutes as submitted. Motion carried 5-0. �.. 1 MINUTES PALM DESERT PLANNING COMMISSION MARCH 17, 1998 rr.. V. SUMMARY OF COUNCIL ACTION (MARCH 12, 1998) Mr. Drell reported that there were no Planning Commission items on the agenda of the March 12, 1998 City Council meeting. VI. ORAL COMMUNICATIONS None. VII. CONSENT CALENDAR A. Case No. PMW 98-03 -J. John Anderholt, Applicant Request for approval of a parcel map waiver to adjust the common lot line to follow the wall befinreen Lot A and Parcel 4 of Parcel Map No. 22676. � Action: Moved by Commissioner Jonathan, seconded by Commissioner Finerty, approving the Consent Calendar by minute motion. Motion carried 5-0. VIII. PUBLIC HEARINGS A. Case No. CUP 97-16 and C/Z 97-13 - McFADDEN/McINTOSH ARCHITECTS (FOR WALGREENS DRUG STORE), Applicant (continued from January 20, 1998; February 17, 1998 and March 3, 1998) Request for approval of a Negative Declaration of Environmental Impact, Conditional Use Permit and Change of Zone to permit construction of a 15,120 square foot Walgreens Drug Store at the southeast corner of Monterey Avenue and San Gorgonio. � 2 MINUTES PALM DESERT PLANNING COMMISSION MARCH 17, 1998 �.. Mr. Drell stated that the case was continued from the March 3, 1998 meeting because the traffic report submitted by the applicant was not satisfactory. It was anticipated during the preparation of the General Plan that development of this area would create an increase in traffic, and traffic on San Gorgonio is six to seven times greater than that of a typical residential street. The impact of this project has not yet been clearly identifled. Chairperson Campbell noted that the public hearing is still open, and invited the applicant to address the Commission. CHRIS McFADDEN of McFadden/Mclntosh Architects stated that further continuance of this case will cause a delay for his client, and may ultimately cost his architectural firm the project. The traffic report was deemed unsatisfactory for the five reasons outlined in the City Traffic Engineer's memo. There was not enough time to perform a full seven-day traffic count; so Mr. Smith authorized a four-day count. Mr. McFadden commented that the traffic consultant engaged for this �.. study, Paul Singer, also performed the study for the Cam's Corner project, and Mr. Singer's credentials rival any traffic engineer's. Unfortunately, Mr. Singer could not be present tonight due to the fact that he is recovering from surgery. It has become apparent that Mr. Singer cannot continue in his capacity as traffic consultant for the project; so another firm, RBF, has been commissioned. Mr. McFadden indicated that he would question the need for another study because the traffic analysis presented is adequate, and the proposed project is architecturally acceptable with limited traffic impacts to San Gorgonio. He wonders if the traffic study is being used as a tool to delay the project and if a noise study will be requested after the traffic study is completed. He would request that the Commission approve the project so that it is not subject to micro- analysis. Chairperson Campbell asked if the Planning Department has any reason to delay the project, to which Mr. Drell responded negatively, and added that the project could have been completed in far less time than it has taken thus far. � 3 MINUTES PALM DESERT PLANNING COMMISSION MARCH 17, 1998 � Mr. Drell pointed out that the traffic study contained glaring errors, and there is an obligation to produce a study which meets the requirements for analysis; however, the traffic study submitted by the applicant was unsatisfactory. Chairperson Campbell commented that it is not unusual for a developer to feel that a traffic study is not warranted, and since the Commission usually relies on staff for technical advice, she would like to know if the applicant would wish the Commission to consider the project based on the fact that there is no recommendation from the City Traffic Engineer. Mr. McFadden remarked that the minimum requirements have been met to satisfy the concerns identified, i.e., the counts were taken during the appropriate peak traffic hours; however, the synopsis apparently was not done to the preference of the City's Traffic Engineer. Some things were not easily obtainable, and Mr. Singer felt that those things would be resolved during the public hearing process. �... Commissioner Jonathan stated that the bottom line is that there is no recommendation from the City's Traffic Engineer, and since traffic studies are technical, the Commission usually relies on that recommendation, he would wonder if the applicant really wishes for the Commission to move forward without the recommendation. Mr. McFadden believed that the remaining items will be satisfied and indicated that he would be comfortable with conditional approval. Commissioner Beaty indicated that he is not comfortable making a decision without a recommendation from the City Traffic Engineer, and asked if two weeks would be sufficient time to complete the study, to which Mr. Greenwood responded that he spoke with Carlos Ortiz of RBF and feels that a lot of progress has been made so that the study could be ready for presentation to the Commission at the next meeting. Mr. Greenwood added that the issues outlined in his letters have not changed since the initial scoping meeting, and the issues pertain more to the impact to residents' quality of life than to the pure amount of traffic, and those issues have not yet been addressed by the applicant. � 4 MINUTES PALM DESERT PLANNING COMMISSION MARCH 17, 1998 r..► Chairperson Campbell asked about the alley, to which Mr. Greenwood responded that the alley is one of the concerns, and the methods for getting information on that have been refined, though the request for information has not changed, and emphasized that this is not a trivial or peripheral concern. Mr. McFadden pointed out that the alley is adjacent to another commercial use, and there is a commercial overlay on the entire street. Chairperson Campbell invited those in FAVOR of the proposed project to address the Commission. GARY LYONS, the property owner, indicated that he would prefer the case be continued to the next meeting, and stated that he agrees with the Commissioners' comments and the Planning DepartmenYs concerns that the issues have not been addressed to the point that a decision could be made tonight; so a continuance would be the prudent thing to do. He would request that no additional requests for r.. information be made, and that the applicant be allowed to respond to the requests issued thus far. Chairperson Campbell invited those in OPPOSITION to the proposed project to address the Commission, to which there was no response. Action: It was moved by Commissioner Finerty, seconded by Commissioner Fernandez, to continue the case to April 7, 1998. Motion carried 5-0. Commissioner Jonathan stated that everyone is anxious to move forward on this case, and he hopes that it can be resolved at the next meeting one way or another. �.. 5 MINUTES PALM DESERT PLANNING COMMISSION MARCH 17, 1998 �.. B. Case No. PP 98-2 - FOXX & ASSOCIATES, Applicant Request for approval of a precise plan of design for a 5,000 square foot office building on two lots on the south side of Fred Waring Drive, 190 feet east of Monterey Avenue. Mr. Smith presented the staff report, indicating that plans and colored elevations have been submitted. The property consists of two vacant lots between the corner building and the Reed building. In 1990, a 4,800 square foot office building was approved in a similar configuration, but that approval has since expired. The current plan increases the square footage to 4,974. The architecture has been revised, and the Architectural Review Commission has granted preliminary approval. Mr. Smith noted that the plans show a 17-foot, single-story office bui(ding with a parking lot to the west. The project meets the requirements of the O.P. zone, and the appropriated findings are set forth in the staff report. �•• Mr. Smith commented that a negative declaration was certified in 1992, and the appropriate notice filed with the County Clerk, and no subsequent negative declaration is required since there are no substantive changes. Chairperson Campbell asked if a shared driveway could be created if the plan were flipped, to which Mr. Smith replied that the parking lots could be adjoined, but the driveways would not, because the driveway on the lot to the east is on the east side of that building. Chairperson Campbell asked if there is any way to eliminate one point of ingress/egress, to which Mr. Smith replied that the property east of the Reed building will share a driveway with the Reed building; so the subject property will need its own ingress/egress. Mr. Drell pointed out that the applicant wishes to create some distance between this building and the two-story building to the west. Chairperson Campbell o�ened the public hearing and invited the applicant to address the Commission, but the applicant was not present. `... 6 MINUTES PALM DESERT PLANNING COMMISSION MARCH 17, 1998 i.. Chairperson Campbell invited those in FAVOR of the proposed project to address the Commission, to which there was no response. Chairperson Campbell invited those in OPPOSITION to the proposed project to address the Commission. TIM SKOGEN, 73-060 Santa Rosa Way, expressed concern about the way the building will be positioned in the lot, and indicated that other homeowners in the area are also concerned. The proposed 17-foot building will be 20 feet away from the property line, and will cast a tremendous shadow on the neighboring residential properties. The plans for the proposed building are unique, because the other buildings along Fred Waring are positioned fonnrard on the lot with the parking lots to the rear, and that provides a buffer to the adjacent residential uses; however, this building is to be perpendicular to Fred Waring rather than parallel. Mr. Skogen stated that he has spoken to the Planning Department, �., who suggested that he have a look at the Realty Executives /building but he noticed that the building does not impact the rear yards of the adjacent residences. He is also concerned that no landscaping plan has been submitted. Chairperson Campbell asked Mr. Skogen if he has considered the trade-off afforded by not having the parking lot abutting the yards, i.e., less noise and fumes from automobiles. Mr. Skogen stated that most of the neighbors work weekdays; so they would not be impacted by the activities of the office building, since they would also occur on weekdays. Chairperson Campbell asked about landscaping, to which Mr. Smith replied that a current landscaping plan has not been submitted, but he believes the 1990 plan wilf be updated and submitted to the Architectural Review Commission for approval and if so desired, the plan can be submitted to the Planning Commission as well. r.. 7 MINUTES PALM DESERT PLANNING COMMISSION MARCH 17, 1998 � Commissioner Jonathan expressed disappointment that the applicant is not present to answer questions, especially in view of the compelling testimony. He would be particularly interested knowing about the landscaping and the parking layout, and indicated that he would, therefore, be inclined to continue the case. Commissioners Fernandez and Finerty agreed with Commissioner Jonathan. Commissioner Beaty asked if Mr. Skogen has spoken to the developer. Mr. Scogen indicated that he had a cordial conversation with the developer, who indicated that he prefers to develop the project in this manner; so there is just a difference of opinion. Action: It was moved by Commissioner Finerty, seconded by Commissioner Beaty, to continue the case to April 7, 1998. Motion carried 5-0. � C. Case No. CUP 98-3 - JOHN CRAIG, Applicant Request for approval of a conditional use permit to allow for the operation of a seasonal strawberry stand located on a vacant pad of the Desert Dunes Plaza. The property is located at the southwest corner of Washington Street and Country Club Drive. Mr. Alvarez presented the staff report, indicating that the Commission previously approved Mr. Craig's request to operate a seasonal strawberry stand in front of the Kerrigan Medical Building at 42-575 Washington street, and the applicant now requests approval to operate on a vacant pad of the Desert Dunes shopping center, which is located at the southwest corner of Washington and Country Club Drive. The stand will occupy 300 square feet of area and will be placed near the southeast corner of the pad. The stand would be operated during daylight hours only, seven days a week, and strawberry season typically runs from March through the end of May. � $ MINUTES PALM DESERT PLANNING COMMISSION MARCH 17, 1998 �..► Mr. Alvarez reported that the stand will be designed similar to the stand previously approved for placement at the Kerrigan Medical Building. The applicant has made improvements to the site such as ground cover and pavers for walkways. There is ample parking available at the site, and the use would be compatible with existing uses. Chairperson Campbell o�ened the public hearing and invited the applicant to address the Commission. JOHN CRAIG stated that he hopes to have a nicer looking building this year, and will take personal responsibility for the improvements. Strawberry season usually begins in February, but the EI Nino storm system created a delay this year. Chairperson Campbell invited those in FAVOR or OPPOSITION to address the Commission, to which there was no response. Chairperson Campbell closed the public hearing. ..► Action: It was moved by Commissioner Beaty, seconded by Commissioner Finerty, to approve the request. Motion carried 5-0. Action: It was moved by Commissioner Fernandez, seconded by Commissioner Beaty, to adopt Resolution No. 1851 approving CUP 98-3, subject to the attached conditions. Motion carried 5-0. IX. A. Initiation of Zoning Ordinance amendment adding mixed use provisions to the Service Industrial zone. Mr. Drell reported that the City received a request several years ago from businesses on EI Paseo, and has now received a simifar request from Cook Street businesses to add mixed use provisions to the Service Industrial zone. Staff sees no inherent problems with this; so if the Commission desires, staff wiil initiate the public hearing process. r.. 9 MINUTES PALM DESERT PLANNING COMMISSION MARCH 17, 1998 r..► Commissioner Jonathan asked if the Zoning Ordinance Review Committee has reviewed this issue, to which Mr. Drell replied that ZORC has not yet, but will before the issue comes up for formal approval. Commissioner Jonathan asked if residential uses are allowed in the Service Industrial zone, to which Mr. Drell replied that the only residential use allowed are caretakers for the property; so this amendment would be more extensive and would be approved case-by-case via the conditional use permit process. Action: It was moved by Commissioner Jonathan, seconded by Chairperson Campbell, to direct staff to initiate a Zoning Ordinance amendment to add mixed use provisions to the Service Industrial Zone. Motion carried 5-0. B. Planning Commission Bylaws �.. City Attorney Hargreaves reported, since the Commission's last meeting, he has learned that Resolution No. 751 was adopted in 1981 and established the rules of operation for the Commission. Resolution No. 751 does not reference the Commission bylaws, although it covers much of the same territory as the bylaws, and the last page of Resolution No. 751 indicates that it supersedes any previous rules, which means it supersedes the bylaws. City Attorney Hargreaves apologized to Commissioner Jonathan because, although the bylaws require that a Commissioner leave the room when there is a conflict of interest, Resolution No. 751 does not have such a requirement, and since it supersedes the bylaws, the Commission is not bound to that restriction. City Attorney Hargreaves noted that there are several things in Resolution No. 751 which probably should be changed, such as the meeting time and the provisions that do not conform to the Brown Act; so he would suggest that the Commissioners provide input tonight so that he may report back to the Commission at some future meeting with proposed changes. �` 10 MINUTES PALM DESERT PLANNING COMMISSION MARCH 17, 1998 �... Commissioner Beaty asked how the City Councilmembers handle cases invotving conflicts of interest, to which City Attorney Hargreaves replied that they do not leave the room. Commissioner Jonathan suggested that the City Attorney draft a proposed set of bylaws with rules of operation for the Commission's review and eventual ratification. Commissioner Beaty indicated that he was disappointed that Commissioner Jonathan was not allowed to comment on the Berger Foundation case at the last Commission meeting, because he would have liked to have had his input, to which City Attorney Hargreaves responded that, under State law, Commissioner Jonathan would have been permitted to address the impacts the proposed project would have had on his particular interests only, but he would not have been allowed to expound on what impacts it would have on the rest of the City. City Attorney Hargreaves noted that, with the addition of a new member, this +r.� would be a good time for a Commission study session on conflicts of interest regulations and the Brown Act; so he would propose that a study session be scheduled immediately prior to the next Commission meeting. Chairperson Campbell requested staff to schedule the study session for 6:00 p.m., and asked that the Commissioners receive courtesy calls to remind them of the session. X. COMMITTEE MEETING UPDATES A. CIVIC CENTER STEERING COMMITTEE - (No meeting) `.. 11 MINUTES PALM DESERT PLANNING COMMISSION MARCH 17, 1998 �..� B. DESERT WILLOW COMMITTEE - (3/9/98) Commissioner Finerty reported that the Committee discussed the Desert Willow Clubhouse, and debated the issue of functional reform. The Committee recommended that the City Council go with the firm that is located outside the area because it had a better floor plan, and the City Council approved a contract with that firm yesterday. C. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE - (No meeting) D. PROJECT AREA 4 COMMITTEE - (3/16/98) Commissioner Finerty reported that the $10.6 million bond was closed, and $4.3 million is available immediately. The Committee is discussing the walls along Fred Waring and Hovley. Hart Ponder of ..., the City's Code Enforcement Division gave a presentation on the property maintenance ordinance and zoning standards. The Committee also received a presentation on the City's Home Improvement Program and the Make A Wish Program. Commissioner Finerty reported that there is a possibility that the City may purchase some land for a park across from Palm Desert Resort, but the residents in the area are opposed to a park; so the Committee indicated it would like to have more input. E. PALM DESERT/RANCHO MIRAGE MONTEREY AVENUE CORRIDOR PLANNING WORK GROUP - (No meeting) �` 12 MINUTES PALM DESERT PLANNING COMMISSION MARCH 17, 1998 s.►- F. ZONING ORDINANCE REVIEW COMMITTEE Chairperson Campbell reported that the Committee discussed the sign ordinance, and decided to allow a maximum of four colors per sign (not counting white) rather than three colors. The Committee also decided that wall sign height should not be higher than the eave or 20 feet, or as approved by the Architectural Review Commission. The Committee discussed the possibility of designated EI Paseo as a unique district. The Commission aiso discussed the possibility of establishing a separate ordinance for political signs. The Committee discussed the possibility of deleting the requirement for finro covered parking spaces for residential units, but opted to retain that requirement. Following discussion, the Commission reformulated the committee appointments as follows: r.,, Civic Center Steering Committee: Commissioner Beaty; Desert Willow Committee: Commissioner Beaty, with Commissioner Finerty serving as alternate; Economic Development Advisory Committee: Commissioner Jonathan, with Commissioner Finerty serving as alternate; Project Area 4 Committee: Commissioner Finerty; Palm Desert/Rancho Mirage Monterey Avenue Corridor Planning Work Group: Commissioner Finerty, with Commissioner Fernandez serving as alternate; Zoning Ordinance Review Committee: Chairperson Campbell. XI. COMMENTS None. "`� 13 MINUTES PALM DESERT PLANNING COMMISSION MARCH 17, 1998 w XII. ADJOURNMENT It was moved by Commissioner Finerty, seconded by Commissioner Fernandez, to adjourn the meeting by minute motion. Motion carried 5-0. The meeting was adjourned at 8� 0 p.m. �. __-____�__.__ PHILIP DRELL, Secretary ATTEST: �...�,�--�-�-� � � ��_ ,SONIA M. CAMPBELL, Chairperson Palm Desert Planning Commission � � 14