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HomeMy WebLinkAbout0616 MINUTES PALM DESERT PLANNING COMMISSION REGULAR MEETING TUESDAY - JUNE 16, 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 7:01 p.m. II. PLEDGE OF ALLEGIANCE Chairperson Campbell led in the pledge of allegiance. III. ROLL CALL Members Present: Sonia Campbell, Chairperson George Fernandez Cindy Finerty Members Absent: Paul Beaty .► Sabby Jonathan Staff Present: Phil Drell Martin Alvarez Bob Hargreaves Tonya Monroe Steve Smith IV. APPROVAL OF MINUTES Consideration of the June 2, 1998 meeting minutes. Action: It was moved by Commissioner Finerty, seconded by Commissioner Fernandez, approving the June 2, 1998 minutes as submitted. Motion carried 3-0. V. SUMMARY OF COUNCIL ACTION Mr. Drell summarized pertinent June 11 , 1998 City Council actions. VI. ORAL COMMUNICATIONS 1 . MR. DAVID CASTRO, 73-050 Deergrass in Palm Desert, stated that about three months ago he had an appointment with the Mayor and he MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 1998 .J made a suggestion that Mayor Benson felt would be better made to Planning Commission. Mr. Castro stated that during the seven years that he has lived here he has noticed a tremendous difference in the demographics and growth to the area and he suggested a committee be set up to plan for the infrastructure of athletic facilities. He said it dawned on him from travels in other areas, like in Arizona and Florida, that they have spring training and a lot of those facilities were on property that has gone way up in value and for which the owners of a lot of those major league ball clubs might be induced to sell that property for other uses and perhaps relocate spring training facilities out here. He thought with the closing of the ice skating rink that if the proper planning were started to really maximize the benefits that could come to the valley from the creation of the proper facilities they might be able to get spring training, basketball, or hockey. With a four-year university, having the proper facilities could be a real money maker. He thought the winter population in the valley was about 500,000 and with growth expected to double in the next 20 years, this area with the proper planning within a five-six year period of time, they might be able to really start landing and break ground on really significant facilities ad here and they would be utilized. He said that out here in the valley there are a lot of "heavy hitters" and a lot of resources. While there is still a supply of property at a reasonably low cost he thought the time frame right now was right to begin serious planning for something like this and that it would really pay off. Commission thanked Mr. Castro for his comments. 2. MR. GARY TRYON, 74-047 San Marino Circle in Palm Desert, stated that at the Planning Commission meeting two weeks ago he made mention of the fact that he sent a letter to all the Planning Commissioners and Mr. Jonathan said he had not received it or heard of any such letter. Mr. Tryon said he also made mention of several violations of the CUP from the Ruth's Chris Restaurant and Commissioner Jonathan said that wasn't the time to bring it up and that he should bring it up during Oral Communications. Chairperson Campbell informed Mr. Tryon that since that meeting the Commission was given the letter, but if he had a copy he wanted to submit to Commission, that was fine. 2 MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 1998 Mr. Tryon said he did have a copy of that letter and a copy of the letter from Mark Greenwood, an Interoffice Memorandum, and then a list of some of the violations during the last two weeks. (He handed copies to Chairperson Campbell--see Exhibit A attached hereto.) Mr. Tryon stated that he had about a 30-second statement. He felt there is a severe criminal problem in the parking lots behind his house. For the City to do nothing while giving the owners of these lots an open-ended continuance to try to figure out a way around this latest problem was ridiculous. He stated that it is a matter of public safety and this city has a responsibility to eliminate it before something very severe happens, other than just armed car jackings and thefts. Chairperson Campbell thanked Mr. Tryon for his comments and asked if anyone else wished to address the Commission. There was no one. VII. CONSENT CALENDAR A. Case No. PMW 98-09 - VACATION INN, APPLICANT Request for approval of a parcel map waiver to allow the merger of two parcels described as 74-715 Highway 111 and 74-695 Highway 1 1 1 , Vacation Inn and the former Pasta House restaurant. Action: It was moved by Commissioner Finerty, seconded by Commissioner Fernandez, approving the Consent Calendar by minute motion. Motion carried 3-0. Vill. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he/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. %MW 3 MINUTES PALM DESERT PLANNING COMMISSION 5 JUNE 16, 1998 A. Continued Case No. PP/CUP 96-28 - CITY-OF PALM DESERT, Applicant Request for consideration of special building height and setback development standards for Lot Nos. 11 and 14 of Tract 28450 located in the southeast quarter of Section 4, R6E TSS, generally known as the Desert Willow South Course. Mr. Drell noted that Commission had a copy of the staff report and with it staff included a draft resolution that has the Planning Commission going on record that due to the existing design of the golf course grading four special standards would be applied to any prospective precise plan that is submitted to the Commission. He indicated that would be some time in the future and basically they would be limiting development within 400 feet of the Montecito development to no more than 24 feet above the original grade. He explained that 24 feet was the typical height limit in the zone. The units within 300 feet would be oriented so that they do not look over the backyards of the residences in Montecito. Staff recommended that the Commission adopt the resolution as an expression of the Commission's position on development standards for this area. Chairperson Campbell indicated that the public hearing was still open from the last meeting and asked if Mr. Diaz or anyone else would like to address the Commission in FAVOR or OPPOSITION to the case. MR. PETER LIPTON, 19 Taylor Avenue in Palm Desert, reminded Commission that he was at the meeting two weeks ago and he stated that he was present to represent the homeowners and to provide any additional information that Commission might need. Chairperson Campbell closed the public hearing and asked for Commission comments. Action: It was moved by Commissioner Finerty, seconded by Commissioner Fernandez, approving the findings as presented by staff. Motion carried 3-0. It was moved by Commissioner Finerty, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1867, establishing special building height orientation and setback standards for future development of 4 MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 1998 saw Lots 11 and 14 of Tract 28450 within the project commonly known as Desert Willow South Course. Motion carried 3-0. B. Case No. CUP 94-4 Amendment #1 - ST. MARGARET'S EPISCOPAL SCHOOL, Applicant Request for approval of an amendment to a conditional use permit to allow expansion of the existing school located at 47- 535 Highway 74 with six additional classrooms and increase enrollment from 140 students to 250 students. Mr. Smith explained that the request was for expansion of the existing school facility at 47-535 Highway 74, St. Margaret's Episcopal School. The request was for two additional classrooms at the north end in the area where the existing kindergarten play area is located. That play area would be relocated to the lawn area between the church building and administration building. Also, four classrooms would be added at the south end of the property. He said it would be a two-story structure with two classrooms on each level. The classrooms were 28 feet by 28 feet. Any encroachment into the existing playground at the south end of the property would be quite minor. There was also a concrete area with basketball court and various other play areas as well as a lawn area further to the south which was quite extensive. Mr. Smith explained that the matter was before Architectural Review Commission and received conceptual approval on May 26, 1998. The issue at that time was the height of the two story addition. ARC asked that they reduce the height and alter the design of the roof. That was accomplished in the plans distributed to Commission. Those plans would be presented to ARC next Tuesday and he fully expected that since they have implemented the requested changes that they would receive preliminary approval. He indicated that the church and school are served by a 314 car parking lot. The school has its own drop off area. The main parking lot has direct access to the new signalized intersection at Highway 74 and Haystack Road. Staff felt the access was adequate to support the addition. For purposes of CEQA, he indicated this is a Class One Categorical Exemption. Staff recommended approval of the project subject to conditions. Mr. Smith noted there was a letter received from the Nelsons on Somera Road that was included in the Commission's staff report packet. It commented on congestion and lack of police coverage in the area. Mr. Smith felt that anyone who has driven Haystack Road in the last 5 MINUTES PALM DESERT PLANNING COMMISSION t JUNE 16, 1998 too week or so would differ in that there is a very high police presence in effect in that area at this point in time. He indicated that the school serves kindergarten through sixth grades and staff recommended approval. Commissioner Finerty noted that in the Nelsons' letter they referenced one of their problems as noise from children and they said it could be handled with proper supervision. She asked if the school was planning to stagger the recesses. Mr. Smith deferred the matter to the principal, who he believed was present to address the Commission. Chairperson Campbell opened the public hearing and asked the applicant to address the Commission. FATHER ROBERT CERTAIN, 41-805 Ward Drive in Palm Desert, stated that he is the new rector for St. Margaret's Episcopal Church and School and had been there about three weeks. He said he has been aware of the planning of this proposal for the last several months while the parish was negotiating with him to come and lead. It was his j intention that the church and school would always be the best possible neighbors and would always have the best possible school in this area. Whatever they needed to do to assist the neighbors in being proud of them as a neighbor, then they intended to do that. If they added more students that would necessitate separate recess periods just to accommodate the students on the property. He said that the Commission could be sure that something similar would happen and he always hoped that people would find laughing and playing children to be a pleasant sound rather than an unpleasant one. He said they might have to try and help the neighbors find some joy in the presence of children. He said they appreciated the Commission's consideration of this project and were proud of the school and they were moving toward accreditation and accommodating more students and providing a better education each year than has been done before. Chairperson Campbell asked if the playground met the requirements of the Board of Education right now and with the expansion. Father Certain said he wasn't sure what the requirements were right now. He would be in contact with the playground consultant tomorrow if he could reach him by phone and they would be bringing in a fairly 6 MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 1998 o.► well known consultant from the school in Austin Texas that specializes in playground design and he would ask them to review the entire facility for appropriate size, equipment and play yards. Eventually they would present a plan on how they propose to provide appropriate play areas for all the children. Chairperson Campbell asked if there would be a separate playground for the kindergarten class. Father Certain agreed. He said that smaller children require different kinds of play areas. Chairperson Campbell asked if there was any bus service to the school. Father Certain said no. Chairperson Campbell asked if most children were dropped off by their parents or if any children walked to school. Father Certain said the children were dropped off and right now no children walked to school, which was good. Chairperson Campbell asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal. MR. MILTON CHAMBERS, the architect for the project, 44-267 Monterey Avenue, commented that in the past there has been a problem with the landscaping not being accomplished at the project. They have negotiated a contract to hire a new landscape architect and they would be addressing the landscaping, both on the highway side and inside the school property itself. That was one of the conditions of design review that they come in with a complete landscape plan and he said that was in the works. He asked for any questions. Chairperson Campbell asked if even though they have 314 parking spaces existing now, if that parking lot was used in conjunction with the church facilities. 7 MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 1998 Mr. Chambers concurred. He clarified that there wouldn't be any conflict with church hours and school hours. Chairperson Campbell asked if there would be any problems with the school expansion and church activities in regards to parking availability. Mr. Chambers said there wouldn't be any at all. There was adequate parking. Chairperson Campbell closed the public hearing and asked for Commission comments. Commissioner Fernandez said that it was wonderful that the school was expanding and that education was a needed part of that area. He said he was in favor of the proposal. Commissioner Finerty concurred and indicated that she would like to see the project move forward. Chairperson Campbell also concurred even though she had some questions regarding the expansion as to playground facilities. As she understood it now, the applicant would be letting staff know if it meets all the requirements. She asked for a motion. Action: It was moved by Commissioner Fernandez, seconded by Commissioner Finerty, approving the findings as presented by staff. Motion carried 3-0. It was moved by Commissioner Fernandez, seconded by Commissioner Finerty, adopting Planning Commission Resolution No. 1868, approving CUP 94-4 Amendment #1 , subject to conditions. Motion carried 3-0. C. Case No. VAR 98-1 - TRU PROPERTIES, INC., Applicant Request for approval of a variance from parking lot development standards for seventeen 15 foot 6 inches long compact parking spaces to allow enlargement of tree wells in connection with the 8 MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 1998 relandscaping of the Toys R Us parking lot at 72-314 Highway 111 . Mr. Drell noted that the Planning Commission had a staff report which described the dismal history of the landscaping at the project. Staff identified as one of the principal problems the inadequate size of the tree wells which not only didn't let the tree grow, but were so narrow that the trees tended to be knocked over by the cars because there wasn't enough overhang between the tree trunk and curb stops. The City prevailed upon Toys R Us instead of just trying to replant existing tree wells to actually physically change the design of the tree wells to come very close to what they feel is the ideal design and the area for trees. In the new parking ordinance, which would go before Commission, staff would be looking for a full six feet of dirt. These would only be five and a half feet, but staff felt that would be sufficiently close to allow for success. He clarified that there would actually be 18 spaces like this, not 17. He noted that on the second sheet of the exhibit there was an 18th one that had to be expanded. Staff felt this was the only way to deal with the problem and one where they would be making an effort on all new Now projects to have additional space and hopefully with the new parking ordinance there would be a standard for retrofitting and they wouldn't have to go through variance procedures to get people to redesign inadequate designs. He noted that the applicant's landscape consultant was present to answer any questions and recommended approval. Chairperson Campbell opened the public hearing and asked the applicant to address the Commission. MR. JERRY CLARK, 48-235 Calle Floristas in La Quinta, stated that he was at the meeting on behalf of TRU Properties, Inc. He was their landscape consultant who prepared the retrofit landscape plans for the Toys R Us facilities on Highway 1 1 1 . He indicated that the primary problem with the landscaping in that parking lot has been inadequate planting space. The only way to accommodate the intent of the ordinance, which requires that one tree for every three or four stalls be planted and to allow for those trees to grow up sufficiently to where there would be 50% of the parking lot area covered in shade in a ten year period, the only way to accommodate that would be to enlarge some of the planting areas and the only way to enlarge the planting `, areas would be to reduce some of the stall lengths and push the 9 MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 1998 planting area into the stall length. The result of that was that they would end up with a few stalls that are less than the standard size of 20 feet. The plant material selection was also changed and moved to Ash trees and Elm trees to allow for faster development and a higher success rate. In addition to that, a lot of palm trees were planted in the narrow areas and all of those would be relocated to more ideal locations throughout the entire parking lot area. Not only was this a design that allowed for and required expansion of some tree wells, it also required movement of a lot of vegetation on the site. Chairperson Campbell asked if anyone wished to speak in FAVOR or OPPOSITION. There was no one and the public hearing was closed. Chairperson Campbell asked for Commission comments. Action: It was moved by Commissioner Finerty, seconded by Commissioner Fernandez, approving the findings as presented by staff. Motion carried 3-0. a It was moved by Commissioner Finerty, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1869, approving VAR 98-1 , subject to conditions. Motion carried 3-0. D. Case No. PP 98-9 - STEPHEN NIETO FOR LINO'S INDEPENDENT MERCEDES REPAIR, Applicant Request for approval of a Negative Declaration of Environmental Impact and a Precise Plan of Design to construct a single story 6,256 square foot automotive repair building. Property is located on the south side of Hovley Lane East, 1 ,000 feet west of Cook Street. Mr. Alvarez explained that in April of 1998 Commission approved TPM 28760 which created two parcels 45,700 square feet. The parcels were located on the south side of Hovley Lane East, 1000 feet west of Cook Street. Parcel one currently housed Avis Rent-A-Car and parcel two of this map is the subject property which is being considered for precise plan. The request is to construct a 6200 square foot automotive repair building. He showed Commission the original elevations presented to the Architectural Review 4 10 MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 1998 Commission for a two story automotive repair building with stucco and split face exterior finishes and the modified elevations which reduced the building down to single story, 22 feet in height. On May 12, 1998, ARC granted preliminary approval to the landscaping and the two story structure. Mr. Alvarez felt that when the plan went back to ARC the commission would view the modifications very favorably as it reduced the height and impact. Condition No. 4 of the draft resolution would require the applicant to go back to the ARC and receive that final approval prior to receiving building permits. The project meets all zoning ordinance requirements. It was deemed compatible in staff's mind with the existing properties. For purposes of CEQA, the project would not have a significant negative impact on the environment and a Negative Declaration was prepared. Staff recommended approval, subject to the conditions in the resolution. Commissioner Finerty asked if the applicant agreed to the three conditions placed by ARC. Mr. Alvarez said yes. Commissioner Fernandez asked Mr. Alvarez if there was construction going on low right now in that area. Mr. Alvarez noted there was tenant improvement taking place behind it, which was for the Muro project. The project in front of the proposed project was the Marriott timeshares. Chairperson Campbell asked if all of the parking lot area would be paved. Mr. Alvarez said that was correct. Chairperson Campbell opened the public hearing and asked the applicant to address the Commission. MR. WAYNE SHARP, 73-920 Grapevine, stated that he was at the meeting representing Mr. Nieto. He said that he has been in on the concept of this project with Lino and his wife Rose and he was probably the one that talked them out of doing a second story because most of the time that became a junk room and that second floor wasn't really utilized like it should be, so they discussed it and that was one reason they took the second floor out. They read the conditions from the Planning and Engineering Departments, and so forth, and they accepted those conditions, could live with them and would abide by them. He asked if Commission had any questions. 11 MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 1998 ..rt Chairperson Campbell stated that she liked the building a lot better now and felt it would be quite an improvement for Hovley Lane. Mr. Sharp said he liked it better too. He also thought it was better looking. Chairperson Campbell asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed project. There was no one and the public hearing was closed. Chairperson Campbell asked for Commission comments. Commissioner Finerty moved for approval and Commissioner Fernandez seconded, saying that he felt this would be a great project. Action: It was moved by Commissioner Finerty, seconded by Commissioner Fernandez, approving the findings as presented by staff. Motion carried 3-0. It was moved by Commissioner Finerty, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1870, approving PP 98-9, subject to conditions. Motion carried 3-0. Chairperson Campbell asked Mr. Sharp when they would commence building. Mr. Sharp said he thought they would start grading within one week. He thought it would be ready in September. E. Case No. ZOA 98-4 - CITY OF PALM DESERT, Applicant Request for approval of an amendment to the Municipal Code as it relates to off-street parking for medical and dental offices and clinics. Mr. Smith stated that currently the parking standard for medical and dental offices and clinics read, "One parking space for every 250 square feet of gross floor area for offices less than 2200 square feet and one for each 200 square feet for offices 2200 square feet or larger." He said that creates a problem for the medical offices that were locating along Fred Waring Drive and Monterey r Avenue where the offices had 1700-1800 square foot buildings and they only had to provide four spaces per 1000. Staff took the matter to Zoning 12 MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 1998 a.. Ordinance Review Commission and they concurred that the existing standard was not high enough. The recommendation from Zoning Ordinance Review was to go to six spaces per thousand for the first 1 ,000 then step it down to five spaces per 1 ,000 thereafter. ZORC also discussed at length whether they should be looking at continuing to allow the up to 15% reduction for utility non-useable area and concluded that it only made sense if they had a two- story building that had stairways, elevators, etc. If Commission proceeded with the recommendation from ZORC, on a 1700 square foot dental office the parking standard would increase from seven spaces currently required to ten. On a bigger building, a two-story 12,000 square foot medical office would be required to provide 52 spaces versus the current 49 spaces. It didn't seem to be addressing the concern staff had with respect to these large buildings that are intensively used, i.e., the Sunlife Medical Building. Staff looked at the issue after it had been to ZORC and concluded that we needed to go to a flat six spaces per 1 ,000 and then allow the applicant to show the City that his or her use was not overly intense. They could do that by providing staff with the ultimate floor plan for the building. They could also choose to just develop with six spaces per 1 ,000 and then they could operate as intensively as they wished, but if they wished an up to 15% reduction, they would have to show staff justification in the form of stairways, landings, interior utility facilities, restroom areas (and staff was going to add a fourth category to Exhibit A of the draft resolution, "elevators and common areas"). In no event would it exceed 15%. On the same 12,000 square foot building the maximum required parking would be 72 spaces versus the current 49 and if it was a reduced intensity building there could be a reduction down to 61 , but that would still be a substantial increase over the current 49 spaces. The draft resolution in Commission's packet reflected the staff recommendation for the higher standard. He noted that the request is a Class 5 Categorical Exemption for purposes of CEQA. He asked for any questions. Mr. Drell commented that the City would probably be relooking at the entire parking ordinance. Staff felt that since they were getting office building proposals before them that now was time to move ahead with it and they would be looking at deficiencies in a lot of the other areas and coming back to the Commission. Chairperson Campbell asked if there had been problems with these medical buildings on Fred Waring. Mr. Drell concurred and explained that staff was now getting these specialty built medical buildings because doctors were the 13 MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 1998 one group of professionals that are out their renting space. Sunlife Medical Building was one of the first buildings built that was occupied 100% by medical use and they were suddenly seeing the impact of it. Chairperson Campbell o ened the public hearing, there was no one in the audience to speak in FAVOR or OPPOSITION, she closed the public hearing and stated that she would move for approval. Action: It was moved by Chairperson Campbell, seconded by Commissioner Finerty, approving the findings as presented by staff. Motion carried 3-0. It was moved by Chairperson Campbell, seconded by Commissioner Finerty, adopting Planning Commission Resolution No. 1871 , recommending to City Council approval of ZOA 98-4. Motion carried 3-0. IX. MISCELLANEOUS A. Case No. RV 98-2 - GARDEN HEPBURN, Applicant Per Planning Commission instruction on June 2, 1998, consideration of a resolution denying a permit to allow the parking and storage of a nine-foot high by 21 feet long recreational vehicle in the front yard of the residence located at 72-915 Skyward Way. Chairperson Campbell noted that at the last meeting Commission denied the CUP and instructed staff to prepare a resolution of denial which was now in front of them for adoption. Action: It was moved by Commissioner Finerty, seconded by Commissioner Fernandez, approving the findings as presented by staff. Motion carried 3-0. It was moved by Commissioner Finerty, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1872, denying RV 98-2. Motion carried 3-0. 1 i t 14 MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 1998 r.► Mr. Drell informed Commission that Mr. Hepburn was looking at tearing off part of the overhang of his garage which would possibly allow him to get the vehicle into his side yard. Chairperson Campbell asked if his yard could be lowered. Mr. Drell replied no. He said that if the Planning Commission was not going to be inclined to improve these uses in front yards unless they are massively screened, they would have to find ways to get the vehicles in the side yard. It sounded like there was physically enough room if Mr. Hepburn did some remodeling of his garage. That meant he would be in compliance. If an RV could be parked in the side yard or rear yard, a permit wasn't needed. Chairperson Campbell noted that ZORC was working on that ordinance. Mr. Drell said that Mr. Hepburn hasn't come back yet, but he indicated he wasn't necessarily interested in fighting this battle anymore. Chairperson Campbell asked if Mr. Hepburn was still parking in front. Mr. Drell said he didn't know, but technically if he didn't file an appeal, he would be abated and cited. He thought Mr. Hepburn would be coming in with plans for the remodel. Chairperson Campbell asked if Mr. Hepburn had 15 days from today. Mr. Drell concurred. Chairperson Campbell noted that after that if he was still parking illegally, he would be cited. Mr. Drell said he believed that was true. X. COMMITTEE MEETING UPDATES A. CIVIC CENTER STEERING COMMITTEE - (No meeting) B. DESERT WILLOW COMMITTEE - (June 9, 1998) Commissioner Finerty informed Commission that they basically discussed informational items only. They discussed widening the conference center option site from 150 feet to 300 feet in width to better accommodate hotels. The development standards that they heard in the public hearing tonight were discussed as well as an art and exercise trail, but the plan submitted was not specific enough and they would be requesting more details in order to proceed. C. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE - (No meeting) low 15 MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 1998 D. PROJECT AREA 4 COMMITTEE - (June 15, 1998) Commissioner Finerty said that they discussed some of the items that would be covered under the recent bond issue, but there was also a lot of discussion about what to do with the walls along Fred Waring and Hovley. There were a variety of colors of paint, walls that were crumbling, wooden walls, block walls, different setbacks, and they were trying to achieve uniformity. On how they were going to get there, she wasn't sure what path they would follow. Chairperson Campbell asked which road they would be doing first, Hovley Lane or Fred Waring. Commissioner Finerty said it was hard to say because there was no real plan as to what to do. They were talking about possibly reconstructing the walls, but it was said that City Council would not want to make a policy decision because if they allow reconstruction in Project Area 4, other project areas might want that. Then they discussed possibly painting the walls and putting up landscaping. While the landscaping grows, the painting would hide most of it and they would come up with a uniform color. Chairperson Campbell noted that she just painted her bricks at home and she felt it was a nice color. Commissioner Finerty felt that anything would be an improvement. E. PALM DESERT/RANCHO MIRAGE MONTEREY AVENUE CORRIDOR PLANNING WORK GROUP - (No meeting) F. ZONING ORDINANCE REVIEW COMMITTEE - (June 10, 1998) Chairperson Campbell informed Commission that there wasn't a quorum, so they briefly discussed the RV parking in residential areas, but since not enough of the committee was there, they couldn't take action. It was postponed to the next meeting. XI. COMMENTS None. 16 MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 1998 XII. ADJOURNMENT It was moved by Commissioner Fernandez, seconded by Commissioner Finerty, adjourning the June 16, 1998 meeting by minute motion. Motion carried 3-0. The meeting was adjourned at 7:50 p.m. PHILIP DRELL, tecretary ATTEST: SONIA M. CAMPBELL, Chairperson Palm Desert Planning Commission /tm 17 EXHIBIT A i TO: CI COUncli and Plannln Commisslon tY 9 FROM: Gary Tryon SUBJECT: Ruth's Chris Parking Operations DATE: May 12, 1998 Sometime during February, 1998 Ruth's Chris Steakhouse and their Valet Service, took it upon themselves to start using the Ace Hardware parking lot on the north side of Alessandro. They did this without benefit of City Permits or Permission. Approximately six weeks later there was an Armed Carjacking at Ruth's Chris. On May 3, 1998 there was another armed carjacking at night in the Ace Hardware parking lot. On May 4, 1998 a security guard stopped a car theft in the Ace Hardware parking lot. On May 5, 1998 the security guard told my neighbor that there had been several vehicle breakins in the parking lots and on the frontage roads. Since May 4, 1998 we have had armed Westec guards wearing bullet proof vests patroling the lots behind our houses. Because of this City's insistence on allowing late night parking on the north side of Alessandro, , you have turned our neighborhood into a War Zone. In view of the flagrant and habitual violations of the conditions of the Valet Permit, the flagrant and habitual violations of the conditions of the Restaurant Use Permit, the noise problems, the traffic problems, and now the criminal problems. I ask again, no I demand that the late night commercial parking on the north side of Alessandro be terminated, immediately. Gary Tryon L cc: Jean M. Benson, Mayor Robert A. Spiegel, Mayor Pro-Tempore Buford A. Crites, Councilman Jim Ferguson, Councilman Richard S. Kelly, Councilman Sonia Campbell, Chairperson Planning Commission A Paul Beaty, Planning Commission George Fernandez, Planning Commission Cindy Finerty, Planning Commission Sabby Jonathan, Planning Commission CITY OF PALM DESERT INTEROFFICE MEMORANDUM TO: Richard J. Folkers, P.E., ACM/Director of Public Works FROM: Mark Greenwood, Transportation Engineer SUBJECT: Ruth's Chris Parking Operations DATE: May 1, 1998 Mr. Gary Trion, a resident of the neighborhood adjacent to Ruth's Chris restaurant, reported several concerns. today regarding parking in the area. Mr. Trion has the following concerns: . ► Employees of the valet operator and Ruth's Chris restaurant are parking in the north parking lot, in violation of the valet parking permit. ► Employees are parking in the covered portion of the north lot, in violation of the valet parking permit. ► Busses were observed parking, with engines running, in the eastbound traffic lane on Alessandro Boulevard for over an hour on April 25h and/or April 26 h. ► Lights in the north parking lot are being left on all night. Mr. Trion indicated that there is an agreement or condition that the lighting which might project over the wall would be turned off in the early evening. Mr. Trion indicated that he has a video-tape of the above conditions. I called Resort Parking Services and left a voice-mail message for Mario Gardener at 3:30 P.M. on May 1, 1998 and requested that he correct those conditions which the valets are responsible for. However it is not likely that the valet operator can effectively resolve the last three concerns, as they are beyond his control therefore, it is recommended that this issue be referred to the Planning Commission for action. do*Z4 MARK GREENWOOD, P.E. cc: Ramon A. Diaz, City Manager Carlos Ortega, RDA Executive Director Joseph S. Gaugush, Engineering Manager Phil Drell, Community Development Director Mario Gardener, Resort Parking Services Vary Trion, resident April 7, 1998 10:40p Car alarm far back lot i i s April 8, 1998 8:30p 2 cars on wall. One behind my house. One on east side my yard. Been there at least 3 hours. Must be employees. Small red import, Larger 4 door dark grey station wagon. Several cars parked in Ace north lot. April 12, 1998 Ace north lot being used for Valet Parking. At least 2 employees parked in Gregory lot, 1 at northeast comer, 1 in covered parking west side of Ray's house. April 13, 1998 Ace north lot being used for Valet Parking. April 17, 1998 9:00p Still parking car in back lot, against C.U.P. April 20, 1998 Employees parking in north lot. April 21 , 1998 Employees parking in north lot. April 25, 1998 9:27p Bus parked blocking Alessandro 9:33p 2nd bus blocking Alessandro x 10:20p 2nd bus finally leaves May 1, 1998 Bus parked at wall behind Ray's house. After a time it left the parking lot, drove through San Marino Circle , then left. The same bus came at 10:00p, made a u-turn in the middle of Portola then parked blocking Alessandro. May 25, 1998 12:24a 2 Harley Davidson motorcycles racing their motors at Ruth's Chris entrance. June 3, 1998 Employee vehicles parked in north lot. Several vehicles parked in northeast lot after 9:00p. Plenty of room in front and across. Westec van backed directly behind my bedroom. June 4, 1998 Several cars parked in northeast lot after 9:00p. Westec van backed up to wall behind Ray's. June 5, 1998 Several cars parked in northeast lot after 9:00p. Westec van backed up to wall behind Ray's. Employees parked in north lot. Valets setting off car alarms. June 6, 1998 7:08a Garbage truck-C.U.P, states not before 8:00a. Several cars in northeast lot after 10:00p. Several employees parked in north lot. Westec and another car parked at wall all evening. Ace Hardware lot used at night. June 7, 1998 Employees parked in north lot. Westec backed up to wall behind Ray's June 8, 1998 Employees parked in north lot. Westec backed up to wall. June 9, 1998 Employees parked in north lot. Cars in northeast lot after 9:00p. Westec backed up to wall. June 10, 1998 Employees parked in north lot. Westec backed up to wall. June 11 , 1998 Employees parked in north lot. Westec backed up to wall. Cars in northeast lot after 9:00p. June 12, 1998 Several restaurant employees vehicles parked in north lot. Several vehicles parked in northeast lot after 10:00p. Car backed up to wall behind my bedroom all evening. Westec guard but no Westec vehicle present. June 13, 1998 Several restaurant and valet employees parked in north lot. At least a dozen vehicles parked in northeast lot after 10:00p. No sign of Westec guard. June 14, 1998 Sunday 8:00a-Blower on wheels spent 4 hours blowing all the dirt in lot into my backyard. My house and yard looked like the dust bowl. Employees parked in the north lot. June 15, 1998 Employees parked in north.lot. Westec guard in old private pick- up truck parked on wall.