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HomeMy WebLinkAbout0915 MINUTES PALM DESERT PLANNING COMMISSION REGULAR MEETING TUESDAY - SEPTEMBER 15, 1998 ,` 7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE I. CALL TO ORDER ....Now Chairperson Campbell called the meeting to order at 7:02 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Jonathan led in the pledge of allegiance. III. ROLL CALL Members Present: Sonia Campbell, Chairperson George Fernandez Paul Beaty Sabby Jonathan low Members Absent: Cindy Finerty Staff Present: Steve Smith Martin Alvarez Bob Hargreaves Tonya Monroe IV. APPROVAL OF MINUTES: Consideration of the September 1 , 1998 meeting minutes. Action: It was moved by Commissioner Fernandez, seconded by Chairperson Campbell, approving the September 1 , 1998 minutes as submitted. Motion carried 3-0-1 (Commissioner Beaty abstained). V. SUMMARY OF COUNCIL ACTION Mr. Smith summarized pertinent September 10, 1998 City Council actions. VI. ORAL COMMUNICATIONS ftw None. MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 VII. CONSENT CALENDAR A. Case No. PMW 98-1 - DAVID & NANCY DOWGIALO, Applicant Request for approval of a parcel map waiver to merge two lots at 44-817 and 44-835 Portola Avenue. B. Case No. PMW 98-16 - DON & LINDA VIEIRA, Applicant Request for approval of a parcel map waiver to expand parcel two easterly to the Sunrose Lane right of way limit. C. Case No. PMW 98-21 - CENTURY CROWELL COMMUNITIES, Applicant Request for approval of a parcel map waiver to adjust lots 3 through 8 of tract 24254-2. D. Case No. PMW 98-22 - CENTURY CROWELL COMMUNITIES, Applicant J Request for approval of a parcel map waiver to adjust lots 24 through 28 of tract 24254-2. Action: It was moved by Commissioner Beaty, seconded by Commissioner Jonathan, approving the consent calendar by minute motion. Motion carried 4-0. Vlll. 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. A. Case No. CUP 98-14 - CEC ENTERTAINMENT, INC., Applicant Request for approval of a conditional use permit to allow the operation of a 12,000 square foot Chuck E. Cheese's restaurant with 40 to 60 coin operated kiddie rides and games in Desert Crossing at 72-513 Highway 1 1 1 , Suite H. 2 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 taw Mr. Smith explained that Chuck E. Cheese proposed to open a 12,000 square foot location in Desert Crossing immediately adjacent to Country Buffet on the easterly side of the development. Staff included in Commission's packets elevations and proposed signage. That was reviewed by Architectural Review Commission and with some modification was approved. The issue before the Commission was the 40 to 60 coin operated kiddie rides and games because the ordinance defines any business with five or more mechanical or electronic games as an amusement arcade and a conditional use permit is required for an arcade. In reading through the literature provided by Chuck E. Cheese, Mr. Smith felt staff could recommend approval subject to the conditions contained in the draft resolution. He recalled that the ordinance in question was created back in the early 1980's when arcades were just beginning and staff didn't have a good understanding of their impacts and whom they were being oriented toward. This restaurant and the games and rides were geared toward children aged one to 11 years old and they didn't admit children under age 18 without a parent or adult. Consequently, staff felt this was acceptable and recommended approval. `.. Commissioner Jonathan said he had a question that was indirectly related to this application. Commission was provided with a picture dated August 19, 1998 which he assumed was a real life picture that had computer graphics annotated. Mr. Alvarez concurred. Commissioner Jonathan said his question was the picture he was looking at showed a few of the islands in the parking lot (the islands provided under the shading ordinance) and yet he didn't see a whole lot of shade. He noted that this only indirectly related to this application but he wondered if they could take this opportunity to request staff to head out to the Desert Crossing Shopping Center before the next meeting and take a look and see if they are in compliance or if the trees have died off. The trees that were there didn't have leaves and weren't providing shade and this was the time of year we want them to do that. He asked if the trees were on the approved list and just weren't doing well, or if they were or were not in compliance, if they needed to change the trees on the list, etc. Mr. Smith indicated this was something that Mr. Drell has been working on for some time with the new management group at Desert Crossing and was sure he could report on his progress with the improvements at the next meeting. Chairperson Campbell opened the public hearing and asked the applicant to address the commission. 3 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 MS. ALICE WINTERS, 4441 West Airport Freeway in Irving, Texas, said they planned to put a Chuck E. Cheese in the area and felt this would be a good location for them. They are a restaurant company and Chuck E. Cheese was their only restaurant so they put all their efforts into the Chuck E. Cheese restaurants. She stated that she read the conditions of approval and agreed with all of them. The hours and everything in the conditions of approval were acceptable to them and the maximum number of games and rides not exceeding 65. They agreed to all of that and asked for any questions. Chairperson Campbell asked where the closest Chuck E. Cheese was to Palm Desert. Ms. Winters stated that the closest one was in Corona. They passed there today on their way to the meeting and she thought it was 65 or 70 miles away. Chairperson Campbell asked if they had quite a few adults just going there to eat. Ms. Winters said they rarely had adults just going in to eat lunch or anything like that. They do have one right beside their office building in Irving so a lot of the corporate people go over there for lunch because they do have a very nice salad bar and a small individual pizza, but normally it was all families. Occasionally they would see a lady and gentleman going in but they were usually joining a birthday party. It just wasn't some place they would enjoy going for a quiet pizza because it was a very active restaurant. r Commissioner Beaty asked if they typically offered beer and wine. Ms. Winters said yes. Commissioner Jonathan asked if the hours of operation were acceptable as stated in the conditions of approval. Ms. Winters stated yes, those were the hours they operate. In some areas they don't open until 10:00 a.m., but they are always open until 4 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 10:00 p.m. Sunday through Thursday and 1 1 :00 p.m. on Friday and Saturday throughout the country. Commissioner Beaty asked where they were ten years ago when his children were little enough to enjoy their restaurant. Ms. Winters said they were still maxing out Los Angeles at that time. Commissioner Beaty stated that he was happy to see the restaurant here. Ms. Winters said it was a market that they have watched. There weren't as many children under nine or ten years of age in this market as in other areas. Commissioner Beaty noted that he attended birthday parties at their facility in Ontario or Upland and it was a very nice establishment. Commissioner Fernandez indicated that there was a Chuck E. Cheese in " Victorville that was closed now. Ms. Winters explained that was a franchise. The restaurants that she represents are corporate run. She noted that they are getting ready to put in a corporate one in Victorville. They just went through the CUP there two weeks ago. Chairperson Campbell asked if most restaurants were corporate run and not franchises. Ms. Winters stated that they have 256 corporate and around 60 franchises. She said there was only one in the L.A. market now and that was in El Toro. Chairperson Campbell asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal. There was no one and the public hearing was closed. Chairperson Campbell asked for comments. Action: It was moved by Commissioner Beaty, seconded by Commissioner Fernandez, approving the findings as presented by staff. Commissioner Jonathan stated 5 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 that this would provide a nice addition to the community and was one more thing for kids to do and he has attended more than one birthday party at Chuck E. Cheese's and felt it was a well-run operation and would do the city proud. He was happy to see them come along. Chairperson Campbell felt this was a great location for them to locate with ample parking. Chairperson Campbell called for the vote. Motion carried 4-0. It was moved by Commissioner Beaty, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1893, approving CUP 98-14, subject to conditions. Chairperson Campbell asked Ms. Winters when they planned to open. Ms. Winters thought they would be open late December or January. B. Case No. PP 98-14 - PRESTNUKSIC, Applicant Request for approval of a precise plan of design to allow the conversion of a 2,400 square foot residence into an office at 44- 775 Deep Canyon Road. Mr. Alvarez showed the location of the proposed office. He noted that in September of 1997 the Council approved a general plan amendment and change of zone from residential use to office professional which included this property. The property currently has a 2,400 square foot unoccupied residence. The applicant was requesting approval of a precise plan to convert the existing residence into a 2,400 square foot office. He indicated that the property would gain access from Deep Canyon which would be a single ingress/egress and would eventually use a joint access with the south property. Parking would be provided in the rear via 12 parking spaces. The building has 2,400 square feet of use. The ordinance provides for up to a 15% reduction for nonuseable 'space and this building was entitled to that 15% reduction. That reduced the usable square footage to 2,040 square feet. That square footage translated to a 2.24 parking space requirement or 13 spaces as the ordinance required the number be rounded up to the nearest whole number. In essence there was a .24 space deficiency. Also, he pointed out that the revised floor plan indicates five offices, a play area, observation room, a waiting area and a reception area. Based on that floor plan staff concluded that potentially this use could create a parking demand of 12 6 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 spaces. The applicant attached a letter of use which was included in the staff report and they indicated their use would be less intensive. They would have a full time therapist, several part time therapists and one clerical employee. The conditions of approval limited the use to five therapists onsite at one time and one clerical employee which was consistent with the applicant's letter of use. Based on the letter of use and staff's investigation, staff concluded that the 12 spaces were adequate to meet their parking demand. He also noted that the property would be required to record a reciprocal access with the south property and also offer an irrevocable access to the north property for future parking lot tie-ins for this office zoned property. With the conditions of approval, staff recommended approval of the project. Chairperson Campbell asked Mr. Alvarez if even though the project was short .24 in parking area if in the future with the other office space there wouldn't be a problem. Mr. Alvarez didn't believe there would be. Chairperson Campbell ol2ened the public hearing and asked the applicant to address the commission. MR. JOHN VUKSIC, 73-030 Caliandra in Palm Desert, stated that he was present with the owners, Monte Long and Diana Harrington, and they were available to answer any questions the Commission might have. Commissioner Beaty noted that the city is concerned about licensing requirements for certain professions and asked what type of license the applicants hold. Mr. Vuksic deferred that question to the owners of the project. MS. DIANA HARRINGTON stated that she is a licensed marriage/family/ child counselor. The other therapists were also licensed marriage/ family/child counselors with the exception of one intern who would be registered to her under her license. She said they don't do any hands- on type of uses. They were psychotherapists and their specialty was children. They see adults and children and marriage problems. They don't do any kind of perpetrators or juvenile delinquents. They were strictly a psychotherapist center for children and adults. 7 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 Chairperson Campbell asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal. There was no one and the public hearing was closed. Chairperson Campbell asked for commission comments. Commissioner Jonathan stated that he wouldn't object to the application but he wanted to express a concern. He felt the design was lovely, but to some extent he felt it was neither "fish nor fowl" in terms of being residential or commercial. His preference would have been to see something a little more office-looking than residence-looking, but he wouldn't object. He wanted staff to be aware in the future, particularly in that area, that the more office looking the conversions started looking the better it would be in his mind. The feature in front was well designed and was a positive addition to the project. Other than that the project was lovely. Commissioner Beaty asked if any changes had been made to the interior of the building. He noted when he drove by the site that extensive work was happening on the lot. Mr. Alvarez stated that they had some permits to do demolition work, which was run through the Department of Building & Safety. Commissioner Beaty asked for confirmation they were in compliance with the apt permit. Mr. Alvarez concurred. Action: It was moved by Commissioner Beaty, seconded by Commissioner Fernandez, approving the findings as presented by staff. Motion carried 4-0. It was moved by Commissioner Beaty, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1894, approving PP 98-14, subject to conditions. L C. Case No. TPM 28984 - PETE BILLINGTON AND ASSOCIATES, Applicant Request for approval of a tentative parcel map to subdivide a 28,112 square foot lot into two single family lots. Property is located at the southeast corner of Buckboard Trail and Silver Spur Trail. Mr. Smith noted that the property is located at the southeast corner of Buckboard Trail and Silver Spur Trail. The existing property is 28,000 plus f .r 8 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 ... square feet and the property is zoned R-1 10,000 which prescribes a minimum lot area of 10,000 square feet. It also prescribed a minimum lot width of 90 feet. The requested lot split proposed creation of an 82-foot wide lot. He discussed that with Mr. Billington last week and Mr. Billington concurred that the map could be amended to provide the minimum 90 feet of lot width. Mr. Smith showed the change on the display map. He stated that the findings for approval of the tentative map were outlined on pages two and three of the staff report. A lot split of this type is a Class 15 Categorical Exemption for purposes of CEQA. Staff recommended approval of the tract map subject to the conditions. Chairperson Campbell opened the public hearing and asked the applicant to address the commission. A gentleman from the audience informed Commission that the engineer was not present and he didn't care to speak. Chairperson Campbell asked if anyone wished to speak in FAVOR or .� OPPOSITION to the proposal. There was no one and the public hearing was closed. Chairperson Campbell asked for commission comments. Action: It was moved by Commissioner Jonathan, seconded by Commissioner Beaty, approving the findings as presented by staff. Motion carried 4-0. It was moved by Commissioner Jonathan, seconded by Commissioner Beaty, adopting Planning Commission Resolution No. 1895, approving TPM 28984, subject to conditions. Motion carried 4-0. D. Case No. CUP 98-4 - CHEVRON PRODUCTS COMPANY, Applicant Request for approval of a conditional use permit to allow the construction of a 2,900 square foot retail food mart at 72-801 Highway 111 . Mr. Alvarez explained that the project was located on the southeast corner of Highway 1 1 1 and Plaza Way. The property was currently operating as a fuel am station which currently has some light automotive repair and a small cashier 9 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 area. The applicant, Chevron, wanted to demolish the existing building and replace it with a 2,900 square foot food mart. The plan included the addition of parking to accommodate the commercial retail use. The existing canopy, fuel dispensing islands and storage tanks would remain in the existing location. He explained that substantial modifications had been made to the elevations since the original application was submitted. ARC reviewed it and granted preliminary approval of the landscaping. The applicant was requesting an exception to a requirement which asked for a 30-foot buffer from the street line to the setback line. The applicant indicated that they were requesting a reduction down to 20 feet for their fuel trucks to have an adequate turn around area. ARC felt this was a minor exception and that the proposed landscaping would be sufficient to accommodate the intent of the ordinance. Mr. Alvarez noted that the Department of Public Works was requiring a six- foot right-of-way increase on Plaza Way to allow for a left-turn through lane to the mall and a right-turn which would help traffic flow in that location. The two existing ingress and egress points would remain in the same location. Staff recommended approval and indicated the project was a Class 3 Categorical Exemption for CEQA purposes. Chairperson Campbell asked what the hours of operation would be for the food mart. Mr. Alvarez deferred the question to the applicant. Chairperson Campbell opened the public hearing and asked the applicant to address the commission. MR. AL NORRIS, the Development Specialist for Chevron Products Company in La Habra, said he would like to give a brief history of this location. He explained that Chevron has operated a service station at this site for more than ten years. During that time they operated in an auto service bay format. The station was currently losing volume primarily due to its poor appearance and inefficient layout. Chevron was moving into the convenience store business nationwide and they have done enormous consumer research regarding customer buying habits for petroleum products. They came away with three major findings. One, where people have their car worked on no longer has any bearing on where they buy their gas. Two, today's motorists really demand gasoline dispensing equipment that accept credit cards and also customers would like the ability to buy convenient food items in a clean, well-lit environment. With those three thoughts Chevron designed its U6 10 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 r.. newest retail outlet which they are proposing to build at this site. This would be one of the first to be built in Southern California with a capital cost to Chevron of about $900,000. In terms of benefits of reconstruction, they would like to approve the appearance of their facility and move into the convenience store business. They feel the improved appearance and associated increase in business would benefit everyone. Their customers, Palm Desert residents, the city and property owners in the immediate vicinity. Per the colored rendering, he felt their facility would blend in with the architectural style of the adjacent shopping center. They modified their standard architecture dramatically incorporating archways and tile along the base of the building and bumping out the corners of the building and the entry statement to give more definition. Additionally, he felt there was significant landscaping even with the variance pointed out. Approximately 28% of the property would be landscaped, providing an aesthetically pleasing environment. Of the conditions identified, Chevron supported and agreed with virtually all of them except for two, Public Works items six and seven. The requirement of widening Plaza Way and providing a six-foot �•. sidewalk they felt was inappropriate. A nexus or cause and effect relationship did not exist between their project and this request. They were just replacing the building. There was no work being done to the fueling area whatsoever. Their experience, and traffic studies confirmed, that going from a service bay facility to a convenience store resulted in less traffic. It was really because of the nature of the business. Typically 85% of their store business came from the fueling islands, meaning customers who were already there and wanted to purchase some ancillary food items of some type versus an auto service bay which generated several trips in and of itself with people dropping off cars and corning back to pick them up. By the nature of the business typically there was less traffic generated by this. The dedication of sidewalk would render their far gasoline island really inoperable. They were talking about a six-foot sidewalk and a six-foot dedication along Plaza Way. Chevron engineering standards required a minimum of 18 feet between the curb island and the curb and gasoline island to allow for pass through, meaning that if there is a car at a fueling position, that someone could drive around and get to the forward pump and preserve traffic circulation. Regarding the drive approach which is also referenced in item seven, this drive approach is existing and not being disturbed by their project. The fueling area of 11 r MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 this station would remain intact and they were in fact intending to keep the station open while they build the new building. This would obviously inhibit their ability to operate the facility to change the size of the approach. Also, it would impact their transport path when the truck exits onto Plaza Way to go back out of the station. Lessening this approach would also impact transport's ability to maneuver that turn. They had no prior knowledge of this condition when they were going through their due diligence or discovery phase of this project. They inquired about dedication and none was revealed to them at that time. This just came up earlier in the week when they received staff's report on this. He said they have reviewed this matter and feel that there is no proportionality between what they are doing and what is being asked of them regarding these conditions and Chevron is asking for the Commission to overturn these conditions, recognizing that they are not applicable to their project and that the rough proportionality does not exist between their request and this condition. He asked for questions. Commissioner Jonathan indicated that the points discussed appeared to be cogent and he understood what Mr. Norris was saying. It seemed reasonable, but unless he was mistaken, they didn't have a representative from the Public Works Department present. If the Commission deemed it appropriate, he asked if Mr. Norris could live with a postponement of this matter to the next meeting when they could be present and he would have an opportunity to resolve the matter directly with staff before it came back to Commission. Mr. Norris said they would really rather not. They were anxious to get under construction as soon as possible and they would like to go ahead and get an approval tonight. He asked if Commissioner Jonathan was saying that wasn't possible. Commissioner Jonathan said that was possible, but he was just concerned because if staff put those conditions in, he was hesitant to take an opposing direction from staff without hearing from them and then making up his mind. Mr. Norris' other option was if the project were to be approved as is, he could appeal the matter to council and he could bring up the matter there. Commissioner Jonathan asked staff when this matter would go to council if there was an approval tonight. Mr. Smith said it would probably be the a second meeting on October 22. 12 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 tow Mr. Norris asked if they were continued what their time line would be. Mr. Smith replied October 6, 1998. Commissioner Beaty asked if Planning staff had an opportunity to discuss these issues with Public Works. Mr. Alvarez said he did briefly with the City Engineer. He mentioned that the six-foot dedication along Plaza Way would not impact that existing planter. That was the extent of their discussion. He also indicated that it would be workable if they had a problem with the turnaround for the trucks and the size of the approach. Their concern was they wanted to get that approach as far away from Highway 1 1 1 to allow proper circulation. Mr. Norris noted that the plan showed that the transport as it swings around the outer edge of the canopy ended up at the far edge of that approach and shortening that would mean the transport vehicle would not be able to turn onto Plaza Way to get out of the site. `.. Chairperson Campbell felt that area was a mess all the time on Plaza Way. Commissioner Beaty noted that the intent was to add that third lane for turning and he felt that was needed. Chairperson Campbell concurred. Commissioner Fernandez asked City Attorney Hargreaves if he had a conflict of interest since he was with Vons and asked if it would make a difference because of the mini-mart request being so close to Vons. Mr. Hargreaves replied that the determination would depend on the foreseeable impact this development would have on the Vons and if there was a foreseeable impact they would have to run it through an analysis depending upon how large it was and on whether it was a Fortune 500 Company, listed on the New York Stock Exchange, and a whole list of things they would have to use to estimate the likely impact. His recommendation would be if there was any question in Commissioner Fernandez's mind that there could be a perceivable impact, the prudent thing to do at this time would be to abstain and if this matter got continued, he could continue that analysis. Chairperson Campbell noted that the Chevron Station was located on the east side of Plaza Way and Vons was on the west side. Mr. Hargreaves said he couldn't comment on the commercial aspects of it. Commissioner Fernandez stated that he would abstain. 13 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 Commissioner Jonathan asked if there was an approval that the applicant was comfortable with if the matter would have to go to city council since it was only a conditional use permit. Mr. Smith said no, typically on a conditional use permit the action is final with the Commission unless appealed. Commissioner Jonathan noted that conceivably it could be worked out and they would be back before the Commission on October 6 and be completed with the approval process as opposed to the other alternative that he saw, which was take their chances and vote on it and in the event that they approved it as is and they were to appeal to council, then it wouldn't be before council until October 22. He asked if the applicant would object to a continuance if the Commission were so inclined. Mr. Norris said under that scenario, no. Chairperson Campbell asked what their hours of operation would be for the food mart. P Mr. Norris replied 24 hours. Chairperson Campbell noted that no use was open 24 hours a day. Commissioner Beaty felt that the issue had to do with the sale of beer and wine. Chairperson Campbell asked for confirmation that they would be selling alcoholic beverages at this food mart. Mr. Norris confirmed that they intend to. Commissioner Beaty asked if there was a license already in place. Mr. Norris said he:wasn't sure. Commissioner Beaty said he thought there was since he had seen it for sale. He indicated that the AM/PM was required to cease sales at midnight and he believed that the new Cam's Corner was allowed to go to 2:00 a.m. and he had been asked about that. Mr. Smith said that with respect to Cam's Corner it has the same hours as Lucky's adjacent to it and it was midnight for beer and wine. Commissioner Jonathan asked if the convenience store stayed open, but the beer and wine weren't sold, or the whole retail operation stopped. Mr. Smith stated that Lucky's closed at midnight and Cam's Corner 14 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 r.. convenience store closed at midnight. Commissioner Beaty asked if AM/PM was open 24 hours. He thought they were at Portola. Mr. Norris said that when so directed, they have locking coolers for the beer and wine. The facility was still open. They just locked those coolers. Chairperson Campbell commented that a lot of the people going to the AM/PM at the Arco Station weren't just going there to buy gas. They just go to the food mart and that would mean a lot of extra traffic. Mr. Norris said that unfortunately AM/PM had a much better established name in this business and they were hoping to get to that point, but at this point their ratio was 15% true walk up or food purchases only; 85% were people who were there to buy gas. Chairperson Campbell indicated that toward the future they were looking for customers to just come in without buying gas. Mr. Norris said they hoped that would happen. With a service station business they had people dropping off cars and people picking them up and people running out during the day to get parts and come back and some delivering and then someone to pick up their car and then that person leaving. That was a lot of trip generation in connection with a service bay that had nothing to do with the fueling. There was a lot of traffic generated just by the service bays that would be gone. When they looked at things like widening the road and these improvements, when they have a traffic engineer and stuff that have been validated by an outside traffic engineer that they could produce in terms of lessening the number of trips, they found it hard (and they weren't doing anything with the fueling) to agree to conditions to widen roads and things like that. Chairperson Campbell asked for confirmation that Mr. Norris was in agreement to have the case continued to the next meeting. Mr. Norris said if it must be, yes. 15 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 Chairperson Campbell asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal. There was no one. The public hearing was left open and Chairperson Campbell asked for a motion. Commissioner Jonathan stated that he would like to move for a continuance for two reasons. Number one to enable the applicant to have an opportunity to work directly with staff and resolve the issues brought up by the applicant and along with that to enable staff to have a representative from Public Works at the meeting. The other reason for a continuance was he would like to have the hours of operation defined and hopefully agreed to between staff and the applicant. He would move for a continuance to a time certain, October 6, 1998. Action: It was moved by Commissioner Jonathan, seconded by Commissioner Beaty, to continue Case No. CUP 98-4 to October 6, 1998 by minute motion. Motion carried 3-0-1 (Commissioner Fernandez abstained). E. Case No. CUP 98-11 - NEXTEL COMMUNICATION INC., Applicant Request for approval of a conditional use permit to allow the installation of a 60-foot high wireless communication tower at 75-050 Merle Drive. Mr. Alvarez explained that the property is located in the Service Industrial District at the northeast corner of Cook Street and Merle Drive. The site was occupied by Great American Mini Storage. The applicant, Nextel, wished to install a 60-foot high wireless communication tower at the north end of the property, a 60 feet wide by 140 feet long vacant piece of property. The tower would sit 168 feet from Cook Street face of curb. The applicant intends to plant two natural palm trees four feet from the proposed tower at heights of 40 and 50 feet. The applicant was also proposing a unique technique which has not been used in the desert which includes a simulated palm tree trunk and the addition of artificial palm tree fronds at the top of the tower. The antennas were 15 and would be shaped in a triangular form as illustrated in the exhibits. He noted Exhibit A was in front of the Commission which showed a simulated photograph of the site and the palm trees at the proposed location. The project met all the zoning ordinance requirements for height, 16 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 separation, fencing and landscaping. Page two and three of the staff report outlined those individual aspects. The Architectural Review Commission granted approval of the screening and grouping of natural palm trees along with the unique camouflaging technique to be acceptable as long as three concerns were addressed. Those concerns included screening, maintenance and abandonment. Conditions of approval number 7, 8 and 9 addressed those issues. Staff recommended approval subject to the conditions. Staff felt the 168-foot setback from Cook Street along with the unique camouflaging technique was adequate to meet the intent of the ordinance. Chairperson Campbell opened the public hearing and asked the applicant to address the commission. MS. BARBARA SIDELL, 17275 Derian Avenue in Irvine, California, stated that she was representing Nextel Communications, Inc., and thanked Mr. Alvarez and Mr. Smith for their help in bringing this application before the Commission. They had been extremely helpful and she felt the staff report was very thorough. She read the conditions of approval and felt they were acceptable. She said she was present to answer any questions. Chairperson Campbell asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal. MR. DOUGLAS VANCE, Vice President of the H.N. & Frances E. Berger Foundation, stated that they occupy the building at 42-600 Cook Street in the Sunrise Building on the second floor. He knew the Commission was concerned with the overall heights of projects constructed along Cook Street because the building they proposed earlier this year on the corner of Sheryl and Cook Street didn't get built and that was one reason they decided not to go along with this because it was in excess height as far as the Architectural Review Committee's decision even though they were within the code requirement of the overall height. He wanted to go on record, the Foundation wanted to go on record as their President did with a letter to the Commission, stating that they feel this would be an eyesore and they also feel there would be other locations this could be put further off of Cook Street because they believed it would be an eyesore, especially directly across from their building which .., goes a lot further down Merle Street than 168 feet off of Cook. They 17 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 would be looking directly onto this tower and they feel there would be other properties to the east or somewhere else this would be more beneficial to the area. Chairperson Campbell asked if they were planning to do anything at all with their project in the near future. Mr. Vance said they were undecided at this time, but they wouldn't have purchased it without some ideas of doing some things. He didn't know what that would be at this particular time. Chairperson Campbell asked if Ms. Sidell wished to offer rebuttal comments. Ms. Sidell mentioned that while they were going through the Architectural Review Committee they asked about locating a little bit further down Merle and they checked out five properties. They were turned down five times. They needed four components to make a site work, one of which was a willing landlord. Chairperson Campbell closed the public hearing and asked for commission comments. Commissioner Jonathan felt the industrial zone was a good location for this use. He was also sensitive to the potential intrusion on the aesthetics of the area but to some extent his concerns were mitigated with the design which is somewhat innovative. If it truly ended up looking like the simulated picture then he didn't think they would have a major problem, it would look like a grouping of palm trees. Hopefully it would. He would be interested if this were approved and goes,up to see what it looks like because he felt it could serve as a model for future antennas. Chairperson Campbell stated that she was also very impressed with the exhibits. She noted that she voted to approve the Berger Foundation project. If the product was accurately reflected by the pictures, she didn't see any objection to the proposal. Action: It was moved by Chairperson Campbell, seconded by Commissioner Jonathan, a approving the findings as presented by staff. Motion carried 4-0. �1 18 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 It was moved by Chairperson Campbell, seconded by Commissioner Jonathan, adopting Planning Commission Resolution No. 1896, approving CUP 98-1 1 , subject to conditions. Motion carried 4-0. Commissioner Jonathan asked what their projected completion date would be. Ms. Sidell said they would submit their plans to Building & Safety and it would depend on how long plan check took. They planned to be done by the end of the year. Commissioner Beaty asked if they were currently providing service to this area. Ms. Sidell said yes. They have service in the valley but there were a lot of holes and demand for more capacity. Commissioner Beaty asked if there were other sites they were seeking. Ms. Sidell said they currently have two applications pending, one in Palm Springs and one in Cathedral City. She also had more sites in Palm Desert which would come before them soon. She felt it was a dynamic system. Commissioner Beaty asked if in effect they had one unit which simulated cell ... service and radio service. Ms. Sidell agreed and explained it was a combination of interconnect, which was the cellular service, dispatch and the possibility of data transmission and paging all in one unit. Mr. Hargreaves asked if other providers would be able to use the same tower. Ms. Sidell said that Nextel was the sole company for this type of service in the United States. They have their own frequencies and were in the 800 band like the cellular companies, but they were the only ones able to do the combination of interconnecting dispatch. Mr. Hargreaves asked if there were other communication providers using other technologies that needed towers if they would co-locate. Ms. Sidell said yes and said she believed there was a condition of approval for.,co-location. She was interested how they could do that on this particular facility, but they were open to whatever the Commission approved in the future for co-location. Mr. Alvarez informed Ms. Sidell that there is a 15-day appeal period. Commissioner Jonathan stated that when future applications come before the Commission it would be nice if they had this one to look at to see how it worked out. He was hopeful it would work out. Commissioner Beaty noted there was an antenna that looked similar to that in Rancho Mirage. Mr. Alvarez indicated that it didn't have the palm fronds on top. Ms. Sidell said 19 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 that was the old-fashioned kind. Along the 1-10 Freeway along the Ontario/ Upland area right around the Euclid exit there was a mexican palm tree style there. There were a couple of other examples in Southern California but it was a new technique they were using. Commissioner Jonathan asked if it could be seen from the freeway. Ms. Sidell said yes. She said what was nice about it was that it didn't draw the eye. It was not invisible and if they looked at it they could see antennas on it, but it didn't attract the eye. She said it was an artificial pole with a cluster of live palms around it. Commissioner Beaty asked how wide a service area Nextel serviced. Ms. Sidell said the whole United States. IX. MISCELLANEOUS A. UPDATE ON STATUS OF THE PALM DESERT TOWN CENTER REMODEL PROJECT Mr. Smith noted that the Town Center representatives were present to update the Commission on their plans for the remodel. .. MR. OVERTON (SKIP) KUHN, Project Manager for TrizecHahn Development Corporation, representing Hahn Palm Desert and the expansion of the Palm Desert Town Center, 4350 La Jolla Village Drive in San Diego, 92122-1233, addressed the Commission and handed out a booklet showing their most current design details. He noted that when they were before the Commission last time some of the stuff they presented was the first time the Commission saw it and there were some concerns with the height of the theater and the design. There was some concern among the Planning Commission that there wasn't enough detail. He hoped the plan they were now showing the Commission gave them more detail and allayed their concerns as to whether the exterior of the theater and the parking structure would be a good addition to the Town Center. He informed Commission that the plans would be going before architectural review next week. He noted that before the Commission was the site plan. He said he would ask for Commission questions and then he would introduce the project designer and have him go through the parking structure and the changes that were made since the Commission last saw the design. ri 20 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 ar Chairperson Campbell asked how high the theaters were going to be and how high they were now being proposed. Mr. Kuhn said they were going to be 70 feet tall. They now had the outside edge of the parapet at 62 feet and they created a mechanical well for the air-conditioning units that have to sit on top of the theaters in the center of building. Down through the center spline would be the approximate location. The top of the parapet around the mechanical units was actually 66 feet but because it was so interior to everything else, the site line of the outside edge of the parapet walls (which had been reduced down to 62 feet) they wouldn't see that from the ground because of the angle. They enclosed where the HVAC units would be at the tallest element of the building and tried to pull the roof down as much as possible. By moving the exiting stairs for the theater to the outside of the building they were able to modulate the sides so that it went back and forth and added some relief to it. Some of the architectural elements were also lower on the sides of the building where those exiting stairs would go. Chairperson Campbell asked if the exiting stairs would only be used in emergency situations. Mr. Kuhn concurred. He said the theater security had to keep kids from loitering on the stairs and hanging out there. They couldn't obstruct the stairs because in case of a panic egress they had to make sure people could get out. They had to be accessible but it was incumbent on them to have an operational issue with the theater to make sure that folks didn't hang out. He said he was assured by the security at the shopping center that they have cleared out the loitering offending youth. There was a fine line there in that if they weren't offending anyone and were just hanging around waiting for a ride, they couldn't really kick them out, but if they were doing something offensive they would do something about it. They stepped up the security to keep them from offending the customers. He said he took Commissioner Jonathan's words to heart last time and thought they addressed that issue, which would continue forever. That was something in everyone's best interest. 21 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 Chairperson Campbell felt the stairs looked much nicer there to break up the building instead of just having a big box. MR. KEVIN KANES, 3855 Riverton Avenue in Studio City, California, stated that he has been working on this project for several months. He noted that in the drawings a large degree of effort had been made to articulate the building as much as possible by changing the surfaces, modulating different parts of the building, raising and lowering elements, and creating the stairs outside the theater under a trellis. It was hoped that the portico would be the element that people would relate to most. The trellis would create shade and an interesting pattern on the wall. A lot of attention was being given to the molding of the building. He showed the elevation facing the parking structure design. He said an attempt had been made to make the parking structure wall the backdrop and they would provide heavy landscaping. It would have vines growing over the structure eventually and would have a hanging garden effect. He showed the structure with and without the vine to show the difference it would make. He said it would be some time before that growth occurred, but there would be some painting or decorative architecture done to the structure until the vine reached its full growth. Chairperson Campbell asked what the height was of the parking structure. Mr. Kanes replied 18 feet to the deck and a 36-inch balustrade. The parking structure would slope from the south end to the north end. There was a natural fall in the ground so there would be a one to two foot drop in the parking structure going to the north end. It would almost hold its height. It would be a little higher at the north end. Chairperson Campbell asked if it would be 21 feet with the railing. Mr. Kanes concurred. Chairperson Campbell asked for and received confirmation that it would camouflage the theater. She asked if they would have trees or some type of trellis on the top floor of the parking structure. j 22 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 Mr. Kuhn said that one of the things they have seen are added trellises to parking structures and the Commission would be visiting Fashion Valley in San Diego. He felt they did a fine job of shading the engine compartment of the cars, but that wasn't the problem. What they tried to do, and they were still in the process of developing it, they wanted something where the form followed the function. The actual passenger's compartment of the car was what was being shaded and not the engine compartments. It looked good on a plan and when they see them on the top of a parking structure it was seemed like a good idea. What they have found by actually looking at other efforts was they don't work. On the site plan, they were trying to come up with a shade structure similar to a carport arrangement. While they are under construction it would severely hamper the parking at the center and they were looking to install a shade structure so that the parking would become very attractive to everyone and people would see that it works and people would park there. Right now people usually only parked in the north area at Christmas time. The idea was to make the parking much more attractive. The intent was to create a steel structure tall enough to accommodate most SUVs, although it probably wasn't tall enough to accommodate a Winnebago because of its size. Then they would lace a fabric awning on top of the metal structure such that where that would fall would shade the passenger compartment of the cars. He said there needed to be a balance struck. There would probably be panels with gaps in it so that wind loading it wouldn't rip the structures off the ground and so that they could be easily maintained by the shopping center. If one got hit by a car or was damaged, they could just go to a local shop where an awning could be purchased and pick up another piece of fabric that has grommets along the edge and ther).they could just replace the damaged piece. In the event that someone was to hit one of the frames, the idea was to make them modular so that every three or four cars there would be one of these contraptions. He said that one of the supports would probably run right down the center of the parking bay and then there was probably an intermediate support out a ways and then a cantilevered section, which would be where the awning would go. That should shade most of the engine compartments, balance the wind loading with the potential liabilities, it should provide for something that could be easily maintained and fixed if someone did crash into one and they �.. should be able to unbolt it from the anchors in the ground, take it over 23 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 i to a frame shop and have it straightened or have a piece cut out and another tube welded in, repaint it and reinstall it without too much difficulty. Once they had the design where it really worked, he would like to transfer it to the top of the structure which would make not only the sheltered parking on the grade level really terrific, but would also make the top parking really attractive also. He felt the structure would become the most popular parking spot at the center. Commissioner Beaty clarified that Mr. Kuhn meant that the passenger compartment would be shaded, not the engine. Mr. Kuhn concurred. He also noted that with most of the trellises he has seen so far was that they have the bars so that they happen along the spline of the bay down the center part of the herringbone and it was great for the first three or four feet of the car, but it wasn't where they were sitting. Mr. Kanes readdressed the Commission and explained that they simplified the parking structure somewhat because of their intention to add the vines and there was no point in doing a lot of architectural detail that would be covered up. Although it was simplified he felt it was still a handsome design and had a slightly thickened out top to the concrete slab which would give it some presence and neatness and had the columns with light fixtures. He felt everything blended together with the theater design. The gazebo element hadn't changed. The front gazebo on the Highway 1 1 1 side also had not changed. Commissioner Jonathan asked if the ticket line would still be inside. v Mr. Kanes concurred. He said there had been considerable design work done to enlarge that area to accommodate the people and fast food area and felt it would be a very attractive, energized area. Chairperson Campbell asked if the gazebo would still be enclosed. Mr. Kanes said it was an exterior element that led into the lobby. Then there was a large area connecting to the fast food area and theater ticket line up area. One of the intentions was to have the gazebo be backup area. 24 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 NEW Chairperson Campbell again asked if the gazebo would be enclosed. Mr. Kanes said no, the gazebo wouldn't be enclosed. There were doors just beyond it into the mall. It was a pone cochere area to drop people off. Commissioner Jonathan asked if they could describe the serpentine fountain proposed between Macy's and the theater. It was the first time he had seen it. Mr. Kuhn said there was an area immediately west of the existing theater that was one of the nicest areas at the center today. It has a bunch of canopy trees there and a pair that march down to the outside curb line and a variety of palms and a few other deciduous trees. They wanted to upgrade that area with the use of a pop jet fountain and he wanted to take the double row of trees and lace them out a little bit, add a misting system as well as some tivoli lights and literally create a children's play area focused on the pop jet fountain. On the 25th `• hopefully the Commission would go on the field trip to University Town Center and what they did there was use the pop jet in conjunction with a large sculpture which were several seals and a large stone composite material and all around them they put something called safe deck. It was spongy but relatively firm surface similar to an insulite pad used in backpacking as a mattress and is very light weight, compressible and gives. They found this area to be so energized and so well liked by the public people come and let their kids play in the water and the parents usually stay on the edge of the spray zone and that is where they placed the tables, chairs and seating. The idea was they have an area here that they co41d really capitalize on a really nice area. It looked a little on the overgrown side today but would improve with a little vision and creativity and he was getting the benefit of Mr. Kanes' knowledge and expertise on as well as a landscape architect and a fountain consultant. He said he needed to figure out how to get the infrastructure in the ground. It required a big vaulted room for the microprocessor that guides the pop jets and the public equipment. That was the intent for that area. He was counting on his leasing guys to find a nice use to be adjacent to it so that they could spill out into the area with cafe tables and chairs and in the evenings when it was nice out everyone could enjoy this area. With some nice up lighting of the 25 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 trees and tivoli lights, it would be a nice place to be to have a nice cup of coffee or piece of pie before or after the movie or just watch the kids play in the water. Chairperson Campbell noted that they would have something besides skating for the children to do. Mr. Kuhn said they were going to try to and noted it would probably appeal to pretty small children. Commissioner Beaty noted that one of those types of fountains was proposed for our park and Jeff Winklepleck spent a lot of time working on the design. He felt the water features were neat. Mr. Kuhn said he has already talked with Mr. Winklepleck. Chairperson Campbell asked staff when the mall would be coming back to the Commission. Mr. Smith said he didn't have a date certain. Mai Mr. Kuhn agreed. He said he thought he was nearly where he needed to be. They would go to Architectural Review Commission next week and solicit their comments and if the Planning Commission had no other comments they were probably close to the final details. What would happen on the 24th was they would be making the entire presentation to the City Council. Commissioner Beaty stated that he liked what he was seeing and what they are developing. y Chairperson Campbell agreed and felt they have come a long way. Commissioner Fernandez asked how long the project would take from start to finish. Mr. Kuhn said that the majority of the work, the parking structure, the theater and the renovation inside the interior of the shopping center were all of next year and would probably be finished very close to the middle of December. That was largely from them taking their cues from the theater people. They were originally planning on starting just after 26 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 Thanksgiving of this year and going to just before Thanksgiving of next year. The theater asked that they wait until after the first of the year and do it January to January. They should be able to finish the parking structure, the theater and the rest next year. Commissioner Jonathan asked if the financial acquisition had been completed so that this would be a reality once approval was granted. Mr. Kuhn stated that he was hoping to get a proposal from their lender tomorrow. They have been on pins and needles and were working diligently to get that resolved. Chairperson Campbell said that she looked forward to seeing them on the 25th and asked if the rest of the Commission were going on the field trip. Commissioner Jonathan said he didn't know yet. Commissioner Beaty didn't think so. Commissioner Jonathan stated that he was at Fashion Valley about two weeks ago. Mr. Kuhn said that wasn't the one he did, he did the one in San Jose. Their partners in San Jose were the ones that did the `. redevelopment of Fashion Valley. Commissioner Jonathan felt they did a great job. Mr. Kuhn said it was very tough to match all those different second floors on department stores when none of them were the same. It was a hard job and he got to tour it a few times. He said they wouldn't believe how big some of the steel members were that came over from Germany because they needed some German technology to get the right strength in the beams. They were enormous. Commissioner Jonathan said it had a good feel to it and it came off very nicely. Chairperson Campbell stated that a friend has a store there and one of the buildings went right through his store. Chairperson Campbell stated that she was looking forward to the tour. i Action: None. X. COMMITTEE MEETING UPDATES A. CIVIC CENTER STEERING COMMITTEE - (No meeting) 27 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 15, 1998 B. DESERT WILLOW COMMITTEE - (September 15, 1998) Commissioner Beaty said he attended the meeting and they discussed some additional signage for the golf course. They talked about the club house sewer line and some very brief information on potential hotels, but really nothing new. C. PROJECT AREA 4 COMMITTEE - (No meeting) D. PALM DESERT/RANCHO MIRAGE MONTEREY AVENUE CORRIDOR PLANNING WORK GROUP - (No meeting) E. ZONING ORDINANCE REVIEW COMMITTEE - (No meeting) XI. COMMENTS None. .ri XII. ADJOURNMENT It was moved by Commissioner Beaty, seconded by Chairperson Campbell, adjourning the meeting by minute motion. Motion carried 4-0. The meeting was adjourned at 8:32 p.m. STE OHEN R. SMITH, cting Secr ary ATTEST: ONIA M. CAMPBELL, Chairperson Palm Desert Planning Commission /tm 28