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HomeMy WebLinkAbout0407 MINUTES PALM DESERT PLANNING COMMISSION REGULAR MEETING TUESDAY -APRIL 7, 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 Jonathan 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 brell, Director of Community Development Dave Erwin, City Attorney Steve Smith, Planning Manager Mark Greenwood, Traffic Engineer Kim Chafin, Senior Office Assistant IV. APPROVAL OF MINUTES Request for consideration of the March 17, 1998 meeting minutes. Action: It was moved by Commissioner Finerty, seconded by Commissioner Jonathan, to approve the March 17, 1998 minutes as submitted. Motion carried 5-0. �.. 1 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1998 � ..�I V. SUMMARY OF COUNCIL ACTION (March 26, 1998) Mr. Drell reported that the Council continued the Berger Foundation case and referred it back to the Architectural Review Commission to re-examine the issue of lowering the pad, and the item will appear on the Council's April 23rd agenda. VI. ORAL COMMUNICATIONS None. VII. CONSENT CALENDAR A. Case No. PMW 98-7 - MAINIERO, SMITH AND ASSOCIATES, Applicant Request for approval of a parcel map waiver to adjust the lot line to create a five-acre parcel. � B. Case No. TT 24632 - MICHAEL GALLAGHER, Applicant Request for one-year extension of TT 24632 which expires on May 17, 1998. C. Case No. TT 27055 - ROBERT J. MAINIERO, Applicant Request for one-year extension of TT 27055, which expires April 21, 1998. Action: Moved by Commissioner Finerty, seconded by Commissioner Fernandez, approving the Consent Calendar by minute motion. Motion carried 5-0. VIII. DISCUSSION ITEM 2 '� MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1998 r.. A. Palma Village/Commercial Core Area Specific Pians Mr. Drell distributed copies of the Palma Village/Commercial Core Area Specific Plans, and provided a lengthy synopsis of the mitigation features contained therein, and explained that the Council is forming a committee comprised of inembers from the City Council, Planning Commission, Architectural Review Commission and Economic Development Advisory Committee to review these specific plans to ascertain whether or not the City is ready to implement all aspects, i.e., both land use and mitigation, especially in view of the inherent conflicts befinreen residential uses and commercial uses. Chairperson Campbell and Commissioner Finerty volunteered to serve on the committee. IX. PUBLIC HEARINGS Chairperson Campbell noted that anyone who challenges any hearing matter r., in court may be limited to raising only those issues he or she or someone else raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. 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; March 3, 1998; and March 17, 1998) Request for recommendation of approval to the City Council of an Addendum to 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. �` 3 MINUTES - PALM DESERT PLANNING COMMISSION ' � APRIL 7, 1998 ..ri Mr. Smith reported that the traffic study was received and reviewed by the City's Traffic Engineer, and his report, which is included in the Commission's agenda packet, indicates that traffic will increase 18% to 23% on San Gorgonio east of the proposed development. The recommended mitigation measure would be to close San Gorgonio at the circle, and that was part of the original plan. The traffic study recommends a left turn pocket, and the City's Public Works Department has added a revised Condition No. 10 to address that matter. The traffic study also considered the alley to the south and concluded that the ingress/egress would not have a negative impact on the alley. Mr. Smith indicated that staff recommends that the Commission recommend to the City Council approval of the change of zone and conditional use permit. The findings for approval and the CEQA discussions were covered in previous staff reports which are included in the Commission's agenda packet. Chairperson Campbell indicated that the public hearing is still open, and invited the applicant to address the Commission. � ..� JIM McINTOSH of McFadden/Mclntosh Architects thanked the Commission for its patience during this process, especially regarding the problems with the former traffic consultant. The new traffic consultant has done an excellent job. Mr. Mclntosh stated that if the store is not allowed to operate on a 24- hour basis, he would request that the pharmacy drive-through be open 24 hours. Commissioner Jonathan asked if the applicant is requesting an additional condition to allow 24-hour operation of the pharmacy drive-through. Mr. Mclntosh replied that he would like the Commission to add a condition allowing 24-hour operation of the pharmacy drive-through. Commissioner Beaty asked if the applicant has any problems with the conditions regarding traffic. � � 4 � MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1998 r.. Mr. Mclntosh responded that he has no problems with the other conditions. 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 was moved by Commissioner Jonathan, seconded by Commissioner Finerty, to approve the findings and adopt Planning Commission Resolution No. 1852 recommending to the City Council approval of an Addendum to a Negative Declaration of Environmental Impact, approval of C/Z 97-13 and approval of CUP 97-16, subject to conditions, as amended to allow the operation of a 24-hour drive through window (pharmaceutical sales only). Motion carried 5-0. Mr. Drell noted that this matter will be heard by the City Council at its meeting of May 14, 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 (continued from March 17, 1998). Mr. Smith reported that this case was continued from March 17, 1998 because the applicant was not present to address the concems of a property owner to the south who wanted the project designed with parking at the rear of the lot. The Commission was also interested in the applicant's reasons for designing the project as submitted. Chairperson Campbell indicated that the public hearing is still open, and invited the applicant to address the Commission. ` 5 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1998 � JIM FOXX apologized for not being available to attend the March 17th meeting, and expressed appreciation to the Commission for continuing the case. Mr. Foxx stated that all conceivable site layouts were studied, and the site plan submitted was chosen. Mr. Foxx indicated that he spoke to the owner of the property directly behind the proposed project and agreed to an additional condition for more trees in the 20-foot rear setback for purposes of additional screening. Once the site plan is approved, the landscape design will be prepared. It was always his intention to have a lot of trees in the rear because it is a tremendous asset to the rear suite. 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, stated that his concerns remain the same regarding the balance between commercial and residential uses. To date, the Commission has done an excellent job along the Fred Waring and Monterey corridors to maintain a balance befinreen commercial and residential uses. He has observed that other developments along these corridors have parking in the rear. The proposed development is inconsistent with developments along this corridor which have been approved thus far. Mr. Skogen indicated that his concerns are related to quality of life issues. The proposed building would be located 20 feet from the property line wall, and that would have a negative impact on the quality of life. He is concerned that a landscaping plan has not be presented, and believes it should have been submitted along with the rest of the project. Commissioner Jonathan noted that there are trade offs between having a parking lot or a building closer to a residence. 6 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1998 �. Mr. Skogen stated that the office building would be operated on weekdays, probably befinreen 9:00 a.m. and 5:00 p.m., and this would not impact the nearby residents because they are away at work during those times. He would prefer not to have to come home to a view of a building 20 feet from the property line. Commissioner Jonathan noted that some businesses do operate on weekends, and asked Mr. Skogen if he has considered that a park-like setting befinreen his home and the proposed development might be an acceptable alternative. Mr. Skogen acknowledged that there might be a little business conducted on Saturdays, and added that the landscaping will help, but he is concerned about the vertical wall that will be 20 feet away, which is inconsistent with developments approved for this area. Chairperson Campbell asked the elevation of Mr. Skogen's home. Mr. Skogen stated that there is a one-foot elevation change between ,", Fred Waring and Santa Rosa, so the building will be 17 feet in height. Chairperson Campbell noted that residences can be as high as 18 feet, which is higher than the proposed building, and added that the back yard is set back 20 feet, and not everyone has the privacy of an additional 30 to 40 feet setback in the back yard. Chairperson Campbell felt that Mr. Skogen has become accustomed to having a beautiful view because of the adjacent property has been vacant, but now the property will be developed. Mr. Drell noted that when the O.P. zone was created, it included a provision to encourage development of single-story buildings, and this proposal meets the standards. "r 7 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1998 Mr. Foxx stated that Mr. Skogen's house is set back 35 to 40 feet; so the proposed building will be 55 feet away from the rear of that house, which will dramatically lower the apparent height of the proposed building. With landscaping, this should be a very compatible development. Many of the existing buildings are built on single lots, but this is being constructed on finro lots, so it has different design solutions, and he believes this layout is the best solution for a two-lot development. DR. REED stated that he has no problems with Mr. Foxx's proposed building. His property on Fred Waring consists of a single lot; so he had to build within the restrictions of a single lot. The proposed development will have 19 parking spaces for a 5,000 square foot building, and his office has eight parking spaces for a 1,500 square foot building, and he sometimes does not have sufficient parking. He is concerned that people will end up parking on Fred Waring all the way from Monterey to Indian Wells, and that could create sight distance problems for vehicles exiting his property. a Dr. Reed stated that if there are economics of scale that will work for � Mr. Foxx's project, the neighbors and himself, then he is amenable to pretty much anything, but he does believe 19 parking spaces for a 5,000 square foot building will create a parking lot on Fred Waring. Commissioner Jonathan noted that medical office buildings have higher pa�lcing requirements than general office buildings, and this project meets the code requirements. Dr. Reed asked how the City can ensure that the proposed development will not be used as a medical office. Mr. Drell stated that the City can restrict the use of the building through the business license and tenant improvement approval processes. Dr. Reed noted that the Sunlife medical building is under-parked. Mr. Drell replied that the Zoning Ordinance Review Committee is currently considering modifying the parking requirements for medical office buildings. � ,� � 8 � MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1998 �.. Dr. Reed indicated that he is not opposed to Mr. Foxx's project, and if things can be worked out with parking to the rear, that is fine with him, but he is concerned that vehicles exiting onto Fred Waring will have a sight distance problem, and if there are any accidents, people will come after the property owners and the City. Commissioner Jonathan sympathized with the concerns regarding the parking situation which do affect quality of life, and pointed out that this , application complies with code requirements; so until the code is reviewed, it would be unfair to single out this application. Commissioner Beaty asked Dr. Reed if he is willing to share a driveway. Dr. Reed stated that he is willing to have a shared driveway if it will work for Mr. Foxx. Commissioner Beaty asked if Mr. Foxx is required to have wider ingress/egress, to which Mr. Drell responded that the only way Mr. Foxx would benefit is by using a one-way driveway. r.. Mr. Foxx stated that he considered having one-way driveways, but that would pose problems for patrons who accidentally pass by the ingress and find themselves unable to enter through the egress. There being no further public in put, Chairperson Campbell closed the public hearing. Commissioner Beaty indicated that he is sympathetic with Mr. Skogen's concems, but he doesn't believe this will be as bad as Mr. Skogen envisions. He would suggest that a condition be incorporated to notify Mr. Skogen of the Architectural Review Commission meeting wherein the landscaping plan will be considered. Mr. Drell indicated that Condition No. 10 can be so modified. Chairperson Campbell felt that most residents would prefer a greenbelt adjacent to their property than a parking lot, and noted that Mr. Skogen does not reside at the property, but rents it out. � 9 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1998 ..�t Action: It was moved by Commissioner Finerty, seconded by Commissioner Fernandez, to concur with the staff recommendation. Motion carried 5-0. Action: It was moved by Commissioner Finerty, seconded by Commissioner Fernandez, to approve the findings and adopt Planning Commission Resolution No. 1853 approving PP 98-2 as submitted, subject to conditions, and amending Condition No. 10 to indicate that Mr. Skogen be notified of the Architectural Review Commission meeting wherein the project landscaping is considered. Motion carried 5-0. C. Case No. GPA 98-2, C/Z 98-2 and PM 28780 - MAINIERO SMITH & ASSOCIATES, Applicant Request for approval of a general plan amendment from Low Density Residential to Commercial -Industrial; a zone change from PR-5 (Planned Residential) to P.C. (2) (District Commercial Center) and a parcel map to separate the proposed commercial parcel from the residential portion for � property located at the northwest corner of Gerald Ford Drive and Portola �i Avenue. Mr. Smith reported that staff received a letter from the applicant requesting continuance to April 21 st, and staff would not object to the request. Chairperson Campbell opened the public hearing and invited those in FAVOR or OPPOSITION to address the Commission, to which there was no response. Action: It was moved by Commissioner Beaty moved, seconded by Commissioner Jonathan, to continue the public hearing to April 21, 1998 as requested by the applicant. Motion carried 5-0. 3 10 � ! MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1998 +.. D. Case No. CUP 91-9 amendment - OLIPHANT & LIZZA, Applicant Request for approval of an amendment to an existing restaurant and valet parking conditional use permit adding 52 valet parking spaces within existing commercial parking lots totaling 106 valet parking spaces to allow a 1,000 square foot expansion to an existing 6,000 square foot restaurant at the northeast corner of Highway 111 and Portola Avenue. Mr. Drell reported that this property was the subject of public hearings before the Planning Commission less than a year ago wherein the Commission reconsidered the entire conditional use permit to ascertain whether or not violations had occurred, and also reviewed the results of the exhaustive noise study which was conducted. The result of the process was that the existing use and valet parking operation was found to be in conformance with the existing conditions and that no violations of the City's noise ordinance had occurred. Mr. Drell noted that the existing valet parking requirements restrict the use of a number of spaces in the north lot on Alessandro. Typically, a 6,000 � square foot restaurant requires 75 parking spaces. Those spaces exist in the lot, but a number of spaces were deemed off limits. Mr. Drell reported that the applicant proposes to expand the restaurant by an additional 1,000 square feet to the east which is currently occupied by Apple Mortgage Company. The restaurant's corporate policies require 105 parking spaces; so the applicant requests an amendment to the valet parking requirements to include 105 spaces. Mr. Drell pointed out that staff included in the Commission's agenda packet a map depicting the parking lot and the restricted spaces which are closed to valet parking or any other night use except for office uses; however, the offices are closed at night. The map also depicts the valet parking spaces and the self-park spaces, as wel! as some areas which could be used for additional valet parking spaces. If parking spaces at the Ace Hardware lot are used for valet parking, then a total of 106 spaces are available. � 11 MINUTES � e PALM DESERT PLANNING COMMISSION APRIL 7, 1998 Mr. Drell pointed out that homes in this area have deeper than average lots and are set back 60 to 70 feet from the property lines. Staff is hopeful that accommodations could be made to allow use of the restricted parking spaces via purchase of the two adjacent residential properties; however, that has not been successful to date. Staff believes that the expanded use would probably be more noisy than the current use, but would still be significantly less than that allowed by the noise ordinance; so staff feels the proposed expansion would be acceptable, given responsible valet parking operations. Mr. Drell referenced Condition No. 13 which requires that the applicant to provide evidence of an up-to-date lease for the Ace Hardware parking lot, and that the term of said lease run at least as long as the lease for the restaurant. Commissioner Jonathan asked if an additional provision could be included � to indicate that the conditional use permit be subject to review in the event the lease for the Ace Hardware lot is terminated, to which Mr. Drell responded that it would trigger the review process. Commissioner Jonathan asked if 36 self-park spaces are adequate, to which Mr. Drell responded affirmatively. Chairperson Campbell asked if negotiations are ongoing regarding the purchase of the adjacent residential properties, to which Mr. Drell responded that he has not been personally involved in the negotiations, but understands that they have not been particularly active. Chairperson Campbell asked when the area north of Alessandro was changed from O.P. to residential, to which Mr. Drell responded that it was changed in 1987 with the adoption of the specific plan. Chairperson Campbell opened the pubtic hearing and invited the applicant to address the Commission. 12 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1998 +■.. TONY LIZZA, 48-751 San Vicente in La Quinta, stated that he empathizes with Gary Trion. Unforeseeable circumstances have occurred since the property was originally developed, i.e., a proliferation of car alarms. He would like to point out that car alarms activated in the AM/PM lot across the street sound very close even though they are a significant distance away. The only solution acceptable to Mr. Trion and the other residents is to close the lot, as the residents feel they are being chased out of their homes. A year ago, the City asked that an offer be made on the adjacent residential properties. Mr. Lizza commented that the restaurant operators have gone through three years of uncertainty, and now wish to expand; so a meeting was conducted with representatives of the Business Support Department and the Planning Department, but no solutions were developed. Mr. Lizza indicated that he recently leamed that the valets have been parking cars a(ong the back wall in the restricted spaces for quite "r some time. Chairperson Campbell asked about the lease for the Ace Hardware parking lot. Mr. Lizza responded that there is no lease currently in effect, but Ace Hardware has allowed the restaurant to use the lot for the last couple of months on a trial basis. Previously, the owner of Ace Hardware did not want to lease out the parking lot, but is now amenable and has agreed to allow use of the lot on a trial basis. At this time, a lease has not been negotiated. Commissioner Beaty asked how the use of the Ace Hardware lot has worked out. Mr. Lizza replied that he has not heard of any complaints, but noted that the neighbors are present in the audience. r. 13 MINUTES PALM DESERT PLANNING COMMISSION � APRIL 7, 1998 � 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. ALAN HERTZ, 74-050 Highway 111, stated that the recommendation to use the Ace Hardware lot for employee parking was made a year ago. Today at 3:30 p.m., his lot was full, and at 6:00 p.m. when he left his business, half of the cars were still present, and he believes those cars belong to the restaurant employeees. He is concerned that this recommendation does not address employee parking for the restaurant. It looks like City property is being used for valet parking for a private business. He would like to have a sign in front of his business and Ace Hardware restricting the parking to his patrons and those of Ace Hardware. KATHLEEN KOPP, 44-870 Cabrillo, stated that her property is indirectly affected by the restaurant. Cabrillo is becoming a busy street. Her main concern is the apparent disregard for the existing conditions. Last Thursday and Friday, she observed the parking lot between 6:30 p.m. and 7:30 p.m., and the entire lot was full. She would like to know if the operators are thumbing their noses at the residents and the City, because they appear to be agreeing to conditions in order to get approval, but subsequently ignore those conditions. Ms. Kopp stated that another major concem pertains to public safety, because Alessandro is a well traveled street, and she was shocked at the number of valets on foot and in vehicles crossing the street at break-neck speed. During the time period she observed the site last week, there were several close calls. Based on 118 parking spaces, four crossings per vehicle, and a restaurant tumover ratio of three per evening, the total number of potential crossings per evening is 1,400. This public street is being used as a driveway, and if it continues to be used in this manner, she believes there will be an accident, possibly involving a fatality. � 14 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1998 +�.. Ms. Kopp indicated that she would like to know how many other restaurants have the right to use a public street as a driveway. She thinks the restaurant should find a more suitable location, because this location is not large enough to accommodate the volume of business for such a popular restaurant, and the operation also needs a safer layout. Ms. Kopp encouraged the use of the building as an office, which was the original intention, as that would foster a more harmonious existence between the businesses and residents. A safer, less hazardous situation is needed, and she would urge the Commission to deny the request. GARY TRION of 74-047 San Marino Circle commented that his property is one of the finro most severely impacted by the adjacent commercial use. The current valet parking program is a joke because the restricted spaces have been used since the restaurant opened. All of the handicapped spaces have been used, and five to six cars are parked at the podiatrist office as well. �... Mr. Trion noted that the five spaces next to his back yard were closed until six months ago when they started using them again. There was an agreement that there would be no backing into the wall spaces, but several cars are backed in each night. These spaces are within 18 feet of his bed, and there is no way he can tolerate the use of those spaces. He rises at 4:00 a.m. for work, and cannot abide being kept awake at night by the noise created by the restaurant parking. Mr. Trion believed that the existing conditional use permit should be revoked due to gross violations of the conditions which the City refuses to enforce. There was to be no employee parking on the north lot, but employees park there anyway, and tour buses also use that lot. Mr. Trion recalled that the Ace Hardware lot was kept locked at night five years ago because of noise issues, and now the proposal is to open it up again. r.. 15 MINUTES PALM DESERT PLANNING COMMISSION ' APRIL 7, 1998 � .� Mr. Trion expressed concern that the residents have not been notified of this matter, and submitted a petition signed by area residents opposed to the project. Mr. Trion remarked that this constitutes commercial parking use of an Office Professional area, and any action towards a more intensive use of the site will not be tolerated. He has no doubt that there are noise, traffic and parking problems, but the City sweeps them under the table and gives Oliphant& Lizza whatever they want. He has nothing against Oliphant & Lizza or the restaurant, but he is afraid there will be a traffic accident, and the City will be liable, and he will be the first to run out and volunteer as a witness to sue the City because of the stupidity regarding this issue. RAY WINNER, 74-039 San Marina Circle, stated that restaurant patrons park in front of his house on both sides all along the street, and he has had lots of problems with limousines and buses parking next to his carport, which causes his whole house to shake. He doesn't think this recommendation will solve anything. The parking � lot is 17 feet from his bedroom. Mr. Winner noted that noise from that parking lot continues to 11:00 p.m. and 12:00 a.m. at night, and it starts at 7:00 a.m. in the morning with the arrival of Mr. Gregory's employees; so he doesn't even get eight hours of sleep. For three months of the year, he can't use his back yard because of the smoke. Mr. Winner noted that the City has indicated that the noise does not impact his home, but that is not true, because the restaurant is very popular. Just because the restaurant wants to expand doesn't mean he and the other neighbors should pay the price, and he would suggest that the restaurant relocate. Mr. Winner indicated that he is very much opposed to the proposed expansion, and will go to an authority higher than the City if necessary. He believes the RDA should be notified regarding the use of this property. � � , 16 `� MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1998 �.. MARIO GARDENER, 761 East Mesquite in Palm Springs, stated that he owns the valet parking operation which serves the restaurant, and today was the first time he heard that cars were not to be parked along the back wali. Those 12 spaces along the back wall are needed to accomodate restaurant patrons. All the businesses for which he provides valet service are very popular, high intensity locations. A successful restaurant creates congestion, and the valets do the best they can with the special requests from all the tenants. Mr. Gardener stated that the Ace Hardware lot has been used for the last several months, but he has been hesitant to use it heavily. He now understands that the spaces along the back wall should not be used; so he will put 20 to 25 cars in the Ace Hardware lot to take the pressure of the main lot. He would note that the five spaces next to Mr. Trion's home were previously coned off by the valets, but the management company ordered it to cease because it was an eyesore. Mr. Gardener commented that he is surprised to hear about overflow +�... parking on the residential streets, because he doesn't often hear of people doing that, but since the season is coming to a close, it won't be as busy. Mr. Gardener indicated that the handicapped spaces are used, although there was a citation for improper use of those spaces. Commissioner Beaty asked how many valets are scheduled on Friday and Saturday evenings. Mr. Gardener indicated that four valets are usually scheduled for Friday and Saturday evenings. Commissioner Beaty asked where the valets are instructed to park their own vehicles. Mr. Gardener replied that the valets are directed not to park their own vehicles on the lot, although he doesn't actually know where they park. �.. 17 MINUTES PALM DESERT PLANNING COMMISSION ,� APRIL 7, 1998 � Chairperson Campbell asked how long Mr. Gardener has been providing service for the restaurant. Mr. Gardener replied that he is in his second year of service for the restaurant. Chairperson Campbell asked for clarification regarding Mr. Gardener's statement that he was never made aware of the parking restriction against the back wall. Mr. Gardener indicated that he was not aware of the restriction. Chairperson Campbell asked Mr. Gardener if he is present at the lot each evening. Mr. Gardener indicated that he is not personally on site, but has designated supervisors on site each night, and they have been instructed to use the Ace Hardware lot. k Commissioner Bea stated that there was a hearin a ear a o re ardin � tY 9 Y 9 9 9 this issue, and asked Mr. Gardener if he was ever informed of any parking restrictions regarding this property. Mr. Gardener stated that he was advised of some conditions, but not the one about the back wall. Commissioner Beaty asked about the no parking sign posted on the back wall. Mr. Gardener indicated that it was his understanding that it was posted to deter self-parking. Commissioner Jonathan asked who explained the parking restrictions to Mr. Gardener. Mr. Gardener responded that he was initially informed about the conditions through the City, and he was also given a list of "do's" and "don'ts." � ; 18 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1998 r.. Commissioner Jonathan asked if the people who hired Mr. Gardener's valet service explained the restrictions to him. Mr. Gardener indicated that he cannot not recall exactly who explained the restrictions, but he did attend a meeting witF� Mr. Drell regarding that subject. Commissioner Jonathan commented that he cannot understand why the valets are parking cars along the wall when Mr. Gardener was aware of the problems with the residents, and asked Mr. Gardener if he ever spoke with the residents. Mr. Gardener replied that he did speak with some residents, but they did not indicate that parking along the back wall was restricted. Commissioner Jonathan asked what Mr. Gardener has done to mitigate the residents' concerns. Mr. Gardener responded that the valets don't go in the left side in the Y•• overhang, though he believes self-parkers and limousines do that, and added that the valets try not to violate the rules of the lot, but there are physical limitations. Commissioner Jonathan noted that Mr. Gardener mentioned a citation for improper use of the handicapped spaces. Mr. Gardener replied that those spaces are used for cars which have a handicap plate. Mr. Greenwood reported that he personally delivered to Mr. Gardener two years ago a map depicting the parking spaces and restrictions, and it appears that his handwritten restrictions regarding the back wall have been whited out. Mr. Greenwood added that the residents have not made their complaints known to the Public Works Department. �.. 19 MINUTES PALM DESERT PLANNING COMMISSION � 1 APRIL 7, 1998 ° ..rr Mr. Lizza commented that, until today, he was not aware of the parking along the back wall, because he had heard no complaints. The restaurant has up to 32 employees per night, and half of them are dropped off, and the rest park elsewhere, although sometimes it is necessary to shoo employees out of the parking lot. Ms. Kopp remarked that Mr. Lizza has indicated that he is not the employer of the valets, but finro nights ago she spoke with the manager of the restaurant who indicated that he only manages the interior of the restaurant, and that problems regarding the exterior should be directed to Mr. Lizza. It appears that no one wants to take responsibility for these problems. Mr. Winner commented that he called the restaurant manager, Kurt Wheeler, two dozen times to complain about vehicles being parked along the back wall. He also called Mr. Gregory, who said he would talk to his people. Limousine drivers and bus drivers have indicated that they have been instructed by the valets to park next to his ; carport. � There being no further public input, Chairperson Campbell closed the public hearing. Commissioner Beaty commented that he was previously under the impression that these problems were under control, but there are obviously serious problems still in existence. He could not support any expansion until these issues are addressed, and there appear to be many issues. Commissioner Finerty asked if staff recalls receiving a video regarding the parking lot, to which Mr. Drell responded affirmatively, and added that the conclusion regarding the noise was reached as a result of acoustical monitoring from Mr. Winner's back yard. The ambient noise at this location is high, but the noise levels were considerably lower than the maximum standard specified in the noise ordinance. Commissioner Finerty asked if the video depicted parking along the back wall, to which Mr. Drell replied that Mr. Trion said it did; so he would have to trust that. � :� � 20 � MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1998 �.. Mr. Greenwood noted that the video was shot before the current valet operator took over and before the current plan was in place. Commissioner Jonathan was disappointed that the problems with the valets and parking have continued unabated. He believes the proposal might mitigate some of the problems, but violations of the existing conditional use permit appear to be occurring, and if that is indeed the case, then perhaps the Commission should be considering a revocation. Past history at this site makes him wonder if proper implementation can take place. The current deficiencies need to be cured first; so he would suggest that the applicant be given a chance to meet with the residents to resolve these problems. Commissioner Beaty believed all the Commissioners want to keep this wonderful restaurant in Palm Desert, but perhaps the restaurant needs a different building. Commissioner Jonathan stated that he would like to give the applicant an opportunity to work things out. � Commissioner Finerty noted that there have been major communication problems, and the residents have voiced their complaints to the restaurant, but not to the City, and the residents should notify the City regarding violations of the conditional use permit. Commissioner Fernandez agreed that the City needs to be notified of the problems, and stated that he is opposed to the proposed expansion because no action has been taken to rectify the existing problems; however, he believes the City will take action that can lead to a successful situation rather than a negative one. Chairperson Campbell pointed out that the Commission can either vote on the proposed expansion now or continue the case to allow the applicant to work with the residents and staff, and asked Mr. Lizza about his preference. Mr. Lizza commented that he was unaware of the parking problem along the back wall which obviously needs to be addressed; so he would like a one-month continuance to try to work things out. �.. 21 MINUTES . PALM DESERT PLANNING COMMISSION APRIL 7, 1998 � rrll Commissioner Jonathan believed that there are lots of easy solutions available regarding the back wall, i.e., coning off those spaces. Action: It was moved by Commissioner Beaty, seconded by Commissioner Jonathan, to continue the public hearing to May 5, 1998. Motion carried 5-0. X. MISCELLANEOUS A. Direction to initiate rezoning from Multi-Family (R-3) to Office Professional (O.P.)for properties on the north side of Alessandro between Portola and San Jacinto. Mr. Drell reported that last month the Commission approved rezoning a portion of the west side of Portola, and staff believes that the properties on the north side of Alessandro befinreen Portola and San Jacinto should also be rezoned. , Action: � It was moved by Commissioner Beaty, seconded by Commissioner Jonathan, to direct staff to initiate a change of zone from R-3 to O.P. for the properties on the north side of Alessandro between Portola and San Jacinto. Motion carried 5-0. XI. COMMITTEE MEETING UPDATES A. CIVIC CENTER STEERING COMMITTEE - (No meeting) B. DESERT WILLOW COMMITTEE - (No meeting) 22 MINUTES PALM DESERT PLANNING COMMISSION APRIL 7, 1998 r. C. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE - (3/19/98) Commissioner Finerty reported that Tim Bartlett gave a presentation regarding a proposed change of zone for the property on the northeast corner of Country Club and Monterey in order to move the existing Lucky market on the southeast comer to that site, and to add a Sav-On store as well. Mr. Bartlett indicated that this development would be contingent upon finding a use for the space currently occupied by the Lucky market, and Family Bowling Center has expressed interest in the site. Mr. Bartlett will be meeting with representatives of the adjacent homeowners association to solicit input. The EDAC has recommended that the existing center needs a facelift, especially since it is a gateway to the City. D. PROJECT AREA 4 COMMITTEE - (No meeting) E. PALM DESERT/RANCHO MIRAGE MONTEREY AVENUE �••• CORRIDOR PLANNING WORK GROUP - (No meeting) F. ZONING ORDINANCE REVIEW COMMITTEE - (3/25/98) Chairperson Campbell reported that parking standards for medical office buifdings are currently being discussed, and noted that the requirements in Palm Desert are lower than those in the Cities of Rancho Mirage and La Quinta. The Committee is also discussing canopy awnings along EI Paseo and the possibility of developing a separate ordinance for this unique commercial district. XII. COMMENTS None. r... 23 MINUTES PALM DESERT PLANNING COMMISSION ; APRIL 7, 1998 � .� XIII. ADJOURNMENT It was moved by Commissioner Finerty, seconded by Commissioner Beaty, to adjourn the meeting by minute motion. Motion carried 5-0. The meeting was adjourned at 9:45 p.m. PHILIP DRELL, ecretary ATTEST: � �t SONIA M. CAMPBELL, Chairperson Palm Desert Planning Commission � � � 24 `�