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HomeMy WebLinkAbout0206 MINUTES PALM DESERT PLANNING COMMISSION REGULAR MEETING TUESDAY - FEBRUARY 6, 2001 7:00 P.M. - ADMINISTRATION CONFERENCE ROOM 73-510 FRED WARING DRIVE �.. � � * * �. * .� * * * � �. � � �. ,� � * �. � �. * .� �. � � �. �. � * � * � � � � �. � * * �. � �. I. CALL TO ORDER Vice Chairperson Lopez called the meeting to order at 7:01 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Jonathan led in the pledge of allegiance. III. ROLL CALL Members Present: Jim Lopez, Vice Chairperson Sonia Campbell Cindy Finerty Sabby Jonathan Dave Tschopp Members Absent: None � Staff Present: Phil Drell, Director of Community Development Bob Hargreaves, City Attorney Tonya Monroe, Administrative Secretary IV. APPROVAL OF MINUTES: Consideration of the January 16, 2001 meeting minutes. Action: It was moved by Commissioner Campbell, seconded by Commissioner Finerty, approving the January 16, 2001 minutes as submitted. Motion carried 3-0-2 (Vice Chairperson Lopez and Commissioner Tschopp abstained►. V. SUMMARY OF COUNCIL ACTION Mr. Drell summarized pe�tinent January 25, 2001 actions. VI. ORAL COMMUNICATIONS � None. MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 6, 2001 VIl. CONSENT CALENDAR � A. Case No. PMW 00-10 - GHA HOLDINGS III, INC., Applicant Request for approval of a parcel map waiver to merge lots 7 and 8 at 73-081 Fred Waring Drive. B. Case No. PMW 00-27 - SUNRISE COLONY COMPANY, Applicant Request for approva( of a parcel map waiver to adjust lot lines between lots 137 and 138 of Tract 28227 in Indian Ridge Country Club, $88 Fire Dance Lane and 878 Fire Dance Lane. C. Case No. PMW 00-29 - KRISCO, INC., Applicant Request for approval of a parcel map waiver to allow a lot line adjustment for lots 7 and 8 of Tract 29525 located on Hovley Court. Action: !t was moved by Commissioner Campbell, seconded by Commissioner Finerty, ? approving the Consent Calendar by minute motion. Motion carried 5-0. � VIII. PUBLIC HEARINGS None. IX. MISCELLANEOUS A. Case No. CUP 00-21 - JAMES AND CYNTHIA RITCHIE, Applicants Per Planning Commission direction on January 16, 2001 , presentation of a resolution denying a request to allow the short term rental of a single family dwelling located at 73-015 Amber St�eet. Mr. Drell indicated that the commission had a resolution of denial before them ready for adoption. ; � 2 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 6, 2001 � Action: It was moved by Commissioner Finerty, seconded by Commissioner Campbell, approving the findings as presented by staff. Motion carried 3-0-2 (Vice Chairperson Lopez and Commissioner Tschopp abstained). It was moved by Commissioner Finerty, seconded by Commissioner Campbell, adopting Planning Commission Resolution No. 2041 , denying Case No. CUP 00-21 . Motion carried 3-0-2 (Vice Chairperson Lopez and Commissioner Tschopp abstained►. B. Discussion of current status of Case No. PP/CUP 98-15, the Palms to Pines East Shopping Center Remodel Mr. Drell explained that basically there was a situation where Rite Aid obtained a ground lease to build a building. When they ran into financial trouble, they couldn't perform on their ground lease. The developer then negotiated a conditional substitute lease with Staples and they came in and processed an alternative plan. He explained that technically Rite Aid still has control of the property and the owner has to go through a termination proceeding under the � lease to terminate them. The owner was about to do that and then Rite Aid submitted a check and their working drawings. Under normal circumstances, the Planning Commission approval supersedes the other, but per his letter, he took the liberty under the code to say that the Commission approved an alternative and ultimately whoever came in with an intention to pull permits and had a lease in their hand would proceed. He indicated that the City didn't have a preference. Whoever controlled the property could pull a building permit. They would see if Rite Aid came forward to build their building. Commissioner Campbell commented that they must have done very well at Christmas time. Mr. Drell said that per the owner it goes up and down on almost a weekly basis on the decision, but the owner sent them a termination letter that said they would perform and they would have 60 days to initiate demolition of the existing building and pull building permits. If they didn't, it would be terminated and the Staples lease would come into effect. Commissioner Campbell asked what day the 60 days went into effect. Mr. Drell explained that it would be 60 days from a week from today, because the owner technically couldn't send out the termination letter until Staples was also in a position to get their permits because his lender said not to terminate the Rite Aid lease until he had assurance of a substitute equivalent tenant. That wouldn't happen until Staples went through Architectural Review r.. 3 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 6, 2001 i Commission next Tuesday and obtained approval of their working drawings. Rite Aid was still a national company and it would take some time for the termination to get to where it had to get for someone to make a decision. He noted that there would be no penalty to Rite Aid to back out of the lease. They had been paying rent for the last year to year and a half on an empty building. He said it was a complicated situation. He informed Commission that the work on Highway 11 1 to create their entrance resulted in litigation since the goal was to get it done initially before Thanksgiving, but there were some problems that prevented that from happening, so there was a problem with the contract and that got delayed. He thought that both work on Highway 1 1 1 and initiation of construction would probably occur in the spring. Recommended Action: None. X. ELECTION OF OFFICERS AND COMMITTEE LIAISONS A. Election of Chairperson and Vice Chairperson > Commissioner Campbell asked if Vice Chairperson Lopez would be able to � attend most of the meetings this coming year and wouldn't miss as many as he did the past year. He said yes, he would attend most meetings, but business would dictate it. He didn't think he would miss as many as last year. Commissioner Jonathan said that he would nominate Jim Lopez as Chairperson and Cindy Finerty as Vice Chairperson which he thought was in keeping with the normal rotation. Commission concurred. Action: It was moved by Commissioner Jonathan, seconded by Commissioner Finerty, electing Jim Lope2 as Chairperson and electing Cindy Finerty as Vice Chairperson by minute motion. Motion carried 5-0. B. Appointment of an Art in Public Places Representative, a Civic Center Stee�ing Committee Representative, Appointment of a Desert Willow Committee Representative, Appointment of Landscape Committee Representative, Appointment of a Project Area 4 Committee Representative, Appointment of a Representative to the Palm Desert/Rancho Mirage Monterey Avenue Corridor Planning Work Group, 4 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 6, 2001 """r and Appointment of a Zoning Ordinance Review Committee Representative. Commissioner Campbell said that she was on the Art in Public Places Committee as well as ZORC and she would like to remain on both. Commissioner Jonathan requested a brief discussion. He pointed out that the Commission was asked to select a representative to the General Plan Committee and the Commission went through that process and did that. Then the City Council disregarded the Commission's appointment and selected two other Commissioners and he was wondering if they were wasting their time. If the Council was going to do that, then maybe they should let them appoint whatever representatives they wanted. He didn't understand if there was a new procedure where the chairpersons of these committees select the representatives and said he wasn't aware of what was going on. Mr. Drell said that with these committees he didn't think there was an issue. Commissioner Jonathan said he would like to understand what the issue was with the other committee. What he would like to do is ask Council to explain their actions before the Planning Commission appointed representatives from the Commission. He recommended that the current representatives be � maintained until the Council has an opportunity to comment. He didn't mean to suggest that the rneetings not be attended, but he couldn't see that it would hurt to delay the appointment by�a couple of weeks and give Council an opportunity to address the concerns. Mr. Drell asked if the question was whether, given their decision to appoint their own members to GPAC, if they were interested in appointing their own representatives to these committees as well. Commissioner Jonathan said that was part A. Part 6 was if not, then what was the rationale for the exception with GPAC. Commissioner Finerty said she understood where Commissioner Jonathan was coming from. She understood that he was appointed and they gave it to him. All she could tell him from her point of view was that she received a letter and she responded that she would be interested. Then she got another letter asking if she could attend on Thursdays in the late afternoon and she said yes. Then she received a call appointing her. Commissioner Campbell said it was the same thing for her. Commissioner Jonathan said that it was one less meeting he would have to attend and it's tax season, but his concern was that this Commission had been given a very free hand and he had never had in all his years had the Council approach him with regards to an issue on the Commission's agenda, so it had been wonderful and he thought that was one of the really good things about the City. For the Council now to interject themselves into the process, once they made the request of them and they followed the process � 5 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 6, 2001 and then they came in and changed it was a little bit scary to him. He hoped he was mis-perceiving whatever it was that happened. Mr. Drell thought they hadn't really thought about in detail how selections would be made and perhaps it was his fault. The Council directed him to provide suggestions and they talked about each of the various standing committees having a representative on the GPAC and he assumed that each committee would have the opportunity to pick who would represent them. Maybe that was an assumption that he made from the direction he received, but maybe they hadn't really decided how they wanted to do it. Commissioner Jonathan said he appreciated that. Nevertheless they knew that the Commission went through the process and knew that the process was completed and they reversed it. He kind of wanted them to think about it and just explain it to them and then they could move on. That was it. He wanted to make the point that they were here and they were a thinking body and they just have a question. Mr. Drell asked if the Commission wanted staff to write a letter to the Mayor or if they wanted this to be discussed in a council meeting. Commissioner Finerty asked if this would be more appropriate for closed session. Mr. Drell said no. Commissioner Jonathan asked if they could do it without a letter. He just wanted to do it informally and asked if Mr. Drell could � convey the Commission's concerns in a question and maybe they could either choose to respond with a letter or come to one of their meetings under r"� Miscellaneous. He asked what the easiest way to do this would be. Mr. Drell said he didn't know if there was an easy way. He said that the Council probably wanted all of the commissioners on the committee, because Dave Tschopp was an original suggested member when he was a member of the Public Safety Commission. There was actually discussion and then they realized that if they had more than two members, then every time the meeting met it would have to be a noticed Planning Commission meeting. He acknowledged that Commissioner Jonathan had been suggested by his peers. Commissioner Jonathan said that the Planning Commission did what they were asked and they appointed a single individual and that single individual was passed over in favor of two others. That didn't sit quite right. It was not about him personally because he felt like he had been done a favor and he was avoiding this series of ineetings, so he was totally fine with that and whatever the result of this was he wouldn't want to change the appointment. He thought they were eminently well represented, so he was very comfortable with that. But he was more concerned with the process that was interrupted at the Commission level and the process that the Council had undertaken. He also felt that they should think about it and that the question should be asked � in a non combative way. They just wanted to know what was going on and 6 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 6, 2001 �" what their thinking process was and let them respond and then they could move on. Mr. Drell thought that the Council thought about other commission members by virtue of the interests they represented and once they decided that they ran into the problem with having three. Commissioner Jonathan said that the Council could tell them that. Mr. Drell explained that he sat in on the discussions and listened to them. Commissioner Jonathan asked what the best way was to present this to Council. Mr. Drell said he would talk to the City Manager and figure out how he wanted it communicated. Commissioner Jonathan concurred. Chairperson Lopez said that the existing representatives could just hold their current positions and then they would proceed after receiving a response. Mr. Drell informed Commission that GPAC was going to be a highly visible, high profile committee and for that reason the Council took an extraordinary interest in participating in the selection of inembers. Commissioner Finerty noted that with regard to the list of committees, the Landscape Committee had been left off. Ms. Monroe apologized and said that she would make sure it was added. Commissioner Finerty noted that the Landscape Committee was a fun committee and she really enjoyed it. ti�.► Action: Commission directed staff to request information from the City Council and continued this item to the next meeting. Commission concurred 5-0. XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES - (January 17, 2001) Commissioner Campbell said that they met at Desert Willow. They received a request by the Palm Springs Desert Museum Art Council to exhibit artwork at the Desert Willow Clubhouse. She indicated that most pieces were generic and near the Pro Shop. The committee was considering using the hallway between the cocktail lounge and the walls all the way to the private room to display the various works of art. But then they came to the conclusion that the lighting was insufficient there, so they picked the area located past the dining room where there was another opening with two private rooms where they could show their artwork and use special lighting. B. CIVIC CENTER STEERING COMMITTEE - (No meeting) �.. 7 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 6, 2001 C. DESERT WILLOW COMMITTEE - 1No meeting) D. GENERAL PLAN ADVISORY COMMITTEE - (February 1 , 2001) Commissioner Campbell said that the committee met and they would be taking a bus trip next week on the 15th. Mr. Drell asked if it was their impression that the trip was at 1 :30 p.m. Commissioners Campbell and Finerty concurred. Commissioner Campbell said it would be a couple of hours. Then they would meet the first Thursday of every month at 4:00 p.m. for the next 12 to 18 months. Commissioner Campbell said it was very interesting because of all the members. Mr. Drell said there were 21 members. Commissioner Campbell said they all gave their qualifications and what they've been doing for the city and so forth and what they do in business. She felt the committee members were very well qualified. Commissioner Finerty concurred that it was an impressive group. E. LANDSCAPE COMMITTEE - (February 6, 2001 ) Commissioner Finerty thought the only thing of interest was the 12-acre site with the Visitor's Center. They saw a little bit of the layout and a little bit of the landscaping and there would ideally be two restaurants going in. They weren't sure about the location and were still working all of that out. Mr. Drell said that there was one restaurant for sure (Cousteau's), but there were probably ten that would want to go there on the bigger site. Most of the restaurants that ended up going to The River project wanted to come here first but because this project wasn't going any where, they ended up going somewhere else. Whichever restaurant it was would be very high quality. Commissioner Tschopp asked for clarification on the location. Mr. Drell explained that they were discussing the 12 acres at the southwest corner of EI Paseo and Highway 111 near Desert Crossing. Commissioner Campbell noted there were no plans for a hotel right now. Commissioner Jonathan said he would have liked to have seen Lobster on this focation instead of at The River project. Commissioner Finerty asked if the Claim Jumper was locating in The River project. Mr. Drell said he heard that Claim Jumper was no longer going in there. Commissioner Finerty was disappointed. Mr. Drell said a good restaurant to go to was Roy's. Chairperson Lopez asked if that was the same Roy's from Hawaii. Mr. Drell said yes, that ' it was Roy's from Maui, which was unbelievable. It was one of the 8 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 6, 2001 i"' really expensive restaurants where you felt you were getting what you paid for. Commissioner Jonathan asked if it was a fish restaurant. Mr. Drell said it wasn't a fish place. He indicated that Roy's had two restaurants: in Maui and Kahana. He did agree that Roy's had a lot of seafood. Chairperson Lopez said that it was Asian, but Euro Asian and was very unique and fantastic. Great food. Their big display was a glass front kitchen area where they could see everything being done and it was world class. Mr. Drell said it was even kid friendly, although the restaurant here probably wouldn't have kids like in Maui. F. PROJECT AREA 4 COMMITTEE - (No meeting) G. PALM DESERT/RANCHO MIRAGE MONTEREY AVENUE CORRIDOR PLANNING WORK GROUP - (No meeting) H. ZONING ORDINANCE REVIEW COMMITTEE - (February 1 , 2001) Commissioner Campbell said they reviewed the short term rentals in the R-1 Zone and actually decided to go ahead and keep it for less than 30 � days because it required a conditional use permit for each individual case. Commissioner Campbell said they also discussed commercial building height amendments and they had at least two Council Members working on that. Mr. Drell said they went on a tour and the suggestion was that at corners they should create a two-foot setback per one foot of building height, both in commercial areas and office professional. Commissioner Campbell explained that the buildings causing this controversy actually conformed originally, but the street had been widened. Mr. Drell concurred. XII. COMMENTS 1 . Commissioner Campbell welcomed Dave Tschopp to the commission. 2. Mr. Drell informed commission that with the commencement of the General Plan Committee, the City policy would now be to discourage anyone from applying for general plan amendments or changes of zone, although there was at least one application already submitted. 3. Chairperson Lopez noted that information was included in their packets for the League of California Cities conference. He also noted that r... 9 MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 6, 2001 i f commission contact forms needed to be turned in. Staff indicated all "'� the forms were received. XIII. ADJOURNMENT It was moved by Commissioner Campbell, seconded by Commissioner Finerty, adjourning the meeting by minute motion. Motion carried 5-0. The meeting was adjourned at 7:32 p.m. ,---. PHILIP DRELL�Secretary ATT T: JIM L , Chairp rs n Palm e ert Planning C mmission < /tm � � 10