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HomeMy WebLinkAbout1120 MINUTES PALM DESERT PLANNING COMMISSION TUESDAY - NOVEMBER 20, 2001 I. CALL TO ORDER Chairperson Lopez called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Tschopp led in the pledge of allegiance. III. ROLL CALL Members Present: Jim Lopez, Chairperson Cindy Finerty, Vice Chairperson Sonia Campbell •. Sabby Jonathan Dave Tschopp Staff Present: Phil Drell, Director of Community Development Dave Erwin, City Attorney Mark Diercks, Transportation Engineer Gail Santee, Senior Office Assistant IV. APPROVAL OF MINUTES Consideration of the November 6, 2001, meeting minutes. Action: It was moved by Commissioner Finerty, seconded by Commissioner Campbell, to approve the November 6, 2001 minutes. Motion carried 4-1 with Commissioner Jonathan abstaining. MINUTES NOVEMBER 20, 2001 PALM DESERT PLANNING COMMISSION V. SUMMARY OF COUNCIL ACTION too Mr. Drell reported there no issues of Planning Commission significance during the November 8, 2001, City Council meeting. VI. ORAL COMMUNICATIONS None. VII. CONSENT CALENDAR A. Case No. PMW 01-11 - DOUBLE D REAL ESTATE, INC., Applicant Request for approval of a parcel map waiver to relocate the rear lot line 30.09 feet east of present location at 100 Tamit Place (Bighorn) Lot 36, Tract 25161 and Parcel 7 Instrument NO. 88380. Rec. 03/18/91. Action: It was moved by Commissioner Campbell, seconded by Commissioner Finerty, approving the Consent Calendar by minute motion. Motion carried 5-0. 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. A. Case No. PP/CUP 01-19 - MULVANNY G2 ARCHITECTURE AND COSTCO WHOLESALE, Applicants (Continued from October 2, October 16, and November 6, 2001) Request for approval of a precise plan/conditional use permit for a 15,510 square foot addition and parking adjustment to allow elimination of 47 parking spaces Property is located at 72-800 Dinah Shore Drive. } eJ 2 MINUTES NOVEMBER 20, 2001 PALM DESERT PLANNING COMMISSION Mr. Drell reported the applicant had requested a continuance to the December 4, 2001, meeting. The intent is to have a meeting with everyone before then to work out all the issues. Action: It was moved by Commissioner Finerty, seconded by Commissioner Campbell, continuing Case No. PP/CUP 01-97 to December 4, 2001. Motion carried 5-0. B. Case No. PM 24255 Revision No. 2 - THOMAS S. NOBLE, Applicant (Continued from October 16, 2001) Request for approval of revised Tentative parcel Map 24255 for 173 +/- acres located east of Monterey Avenue and south of Dinah Shore Drive, 34-100 Monterey Avenue. Mr. Drell reported the applicant had submitted a letter withdrawing this application with the intent to come back with a vesting tentative map. The existing map is still burdened with the old County conditions of approval. With a vesting map, the City can apply its own conditions. Chairperson noted the letter of withdrawal had been received. Action: No action was necessary. C. Case No. CUP 96-15 Amendment #3 - DENISE ROBERGE, Applicant Request for approval of an amendment to the existing conditional use permit to allow nightly amplified music entertainment in the outdoor seating patio of Augusta Restaurant located at 73-951 El Paseo. Mr. Drell reported the applicant had operated last season with the approval of the Council seven days a week until 11:30 p.m. No complaints have been received. Staff would recommend approval subject to modifying Condition #5. As currently stated, it requires the case to come back to the Planning Commission in a year. Mr. Drell recommended wording to the effect that the "conditional use permit may be reviewed after one year if there is evidence 3 MINUTES NOVEMBER 20, 2001 PALM DESERT PLANNING COMMISSION that the entertainment use creates a noise problem." If there are no problems, it won't have to come back. Commissioner Campbell stated that a conditional use permit runs with the use of the land, therefore, it doesn't have to come back every year unless something happens. Mr. Drell stated the Commission had the ability to limit the duration of use permits. The re-wording gives the Commission the option to bring the case back should a problem arise. Chairperson Lopez indicated the public hearing was open. MS. DENISE ROBERGE, the applicant, 74-085 Fairway Drive, Palm Desert, CA , addressed the Commission stating she hoped the Commission would grant approval because they have been really diligent in keeping the sound down. The residents enjoy coming over to sit outside and listen to the music. Chairperson Lopez asked if there was anyone in the audience that would like to speak in FAVOR or in OPPOSITION to this item. There were none. Chairperson Lopez closed the public hearing and asked for comments or recommendations from the Commission. Commissioner Campbell stated she would move for approval subject to changing Condition #5 to an indefinite time period. Commissioner Tschopp asked for clarification that the case "may be " reviewed if conditions warrant. Action: It was moved by Commissioner Campbell, seconded by Commissioner Finerty, approving Case No. CUP 96-15 Amendment#3 subject to rewording Condition #5 to "...conditional use permit may be reviewed after one year if there is evidence that the entertainment use creates a noise problem." Motion carried 5-0. It was moved by Commissioner Campbell, seconded by Commissioner Finerty, adopting Planning Commission Resolution No. 2102,approving CUP 96-15 Amendment #3, subject to Condition #5 being reworded to ".....conditional use permit may be reviewed after one year if there is evidence that the entertainment use creates a noise problem." Motion carried 5-0. t 4 MINUTES NOVEMBER 20, 2001 PALM DESERT PLANNING COMMISSION D. Case No. PP 01-20 - RICHARD AND VIRGINIA BUTLER, Applicants Request for approval of a precise plan to construct a 2,366 square foot duplex located on the north side of Candlewood Street, 100 feet west of Abronia Trail, 74-230 Candlewood Street. Mr. Drell reported the project meets all zoning criteria. As described in the Staff Report, this isn't staffs favorite front elevation orientation with mainly garages. Attempts had been made to try to find another alternative however the constraints of the narrowness of the lot did not provide another good one. The Architectural Review Commission had worked to improve the look which resulted in adding trees and landscaping in front. It recommended approval and staff concurs. Commissioner Jonathan stated staff had made an attempt to have the garage on the side. He thought by allowing minor an exception on side yard setbacks it would be workable. Mr. Drell responded that part of the problem of having the garages on the side, you would lose the driveway as a place to park. I n essence, the guest parking space was lost. He stated the Architectural Review Commission felt this would be OK subject to adding some landscaping to break up the continuous concrete driveway. It felt that it was a trade-off of certain values and felt it wasn't worth it. Chairman Lopez opened the public hearing and asked the applicant to step forward. MR. RICHARD BUTLER, 133 Chelsea Circle, Palm Desert, CA, applicant, addressed the Commission. Mr. Butler stated if they had been required to put the driveways on the side, it would have required 1,690 square feet of concrete. In the project's current rendition, it required 640 square feet for concrete. He noted the driveways have been separated by a landscaping strip. Front facing garages would be unattractive from the street. Drivers driving eastward would see the back side of a garage. Drivers coming westward would see the front of the two garages and the concrete. 5 MINUTES NOVEMBER 20,2001 PALM DESERT PLANNING COMMISSION The proposed siting provides a sense of security to the tenants as they have direct access from the inside of their individual garages into their housing units. Having the garages to one side would be more difficult to maneuver into/out of. Keeping in mind the 15-foot setback requirement, side garages would basically eliminate the rear yard. Commissioner Jonathan asked if the applicant was comparing the front garage to a detached side garage. Mr. Butler responded that by having the garages side by side on the left side of the building, the garage nearest the street would not have direct access to the tenant's housing unit. He also noted that during consideration of having the two garages face each other, but there wouldn't be enough room to maneuver the cars. Commissioner Jonathan stated he had seen a configuration where the whole structure is oriented to the side so that the front doors are actually on the side and you actually have a driveway to a center area with room for parking in addition to the garage so that if you go down the side you are facing the front of the home which is on the side of the lot. He asked the applicant if he had looked at that type of configuration. Mr. Butler responded they had been very limited in their options due to the size of the lot. Chairperson Lopez asked if the suggestion of the Architectural Review Commission regarding the upgrade of the garage doors with glass on the top would be followed as they were not indicated on the drawings. Mr. Butler indicated the glass would be added to the garage doors. Chairperson Lopez asked members of the audience who would like to speak in FAVOR or in OPPOSITION to step forward. There were none and Chairperson Lopez closed the public hearing and asked for comments or actions from the Commission. Commissioner Campbell noted that in looking at the surrounding properties, this was quite an improvement to what is there now. She complimented the 6 MINUTES NOVEMBER 20, 2001 PALM DESERT PLANNING COMMISSION applicants on the good job they did within the units as they are quite large for �"' the small area and she would move for approval. Commissioner Jonathan stated he found the front-loaded garages distasteful and unattractive. It is a problem trying to put two units on such a small lot. This is a lot that typically you would have a problem putting one residence in, much less two. It would require one being creative and this solution is not acceptable. He asked if a partial two-story configuration had been reviewed or if that would be appropriate. He also asked if the side access with side garages was explored fully enough. But, in its present configuration, to put two garages in your face is not attractive and he was not in favor of the application as is. He was not opposed to the use, just not in favor of the application as presented. Commissioner Tschopp stated he didn't like the garages in front, but the 72- foot front precludes doing anything that would enhance the front. The zoning allows it and they have done a fairly good job in trying to mitigate the problems. It'll tell with the landscaping and some of the trim detail. Commissioner Finerty stated she, too, was not delighted with the garages in L front, however, she believed the Architectural Review Commission tried to work with the applicant to come up with something that would be better than what is currently out there. She agreed with Commissioner Campbell that it would be an improvement, although it is not a perfect solution. Chairperson Lopez stated he was not a big fan of the garages or the garage door look along, especially if its in a community where there's one after another after another. In the case, with the surrounding properties, this is somewhat of an improvement and he was not opposed. Action: It was moved by Commissioner Campbell, seconded by Commissioner Finerty, approving Case No. PP 01-20 as presented. Motion carried 4-1 with Commissioner Jonathan opposed.. It was moved by Commissioner Campbell, seconded by Commissioner Finerty, adopting Planning Commission Resolution No. 2103 approving Case No. PP 01-20 as presented. Motion carried 4-1 with Commissioner Jonathan opposed. 7 MINUTES NOVEMBER 20, 2001 PALM DESERT PLANNING COMMISSION IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES - (November 21, 2001) Commissioner Campbell reported the meeting would be taking place the following day. B. CIVIC CENTER STEERING COMMITTEE - (No meeting) C. DESERT WILLOW COMMITTEE - (No meeting) D. GENERAL PLAN ADVISORY COMMITTEE - (No meeting) E. LANDSCAPE COMMITTEE - (November 20, 2001) Commissioner Finerty reported the Landscape Committee had selected a type of bridge to go with the Palm Valley Channel. (where Fred Waring is being widened). The bridge is attractive and there is lots of nice landscaping. If there is inadequate color, they will add bougainvillea. 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 - (No meeting) XII. COMMENTS Commissioner Jonathan stated there was a traffic circulation issue on Portola where the Vintage has its service entrance. When Portola was widened to two lanes, the workers are not allowed into The Vintage until 7:00 a.m., so they stack up in the left-tum lane, southbound on Portola. The left-turn lane is not long enough so they end up being in the left-hand traffic lane. Now, there are two lanes heading north on Portola so what they now do is make a U-turn and park in the right-hand lane. This is not only 8 MINUTES NOVEMBER 20, 2001 PALM DESERT PLANNING COMMISSION inconvenient, but dangerous because the traffic moving in the right-hand lane has to swerve around them. There are "no parking" signs posted, but they are ignored. He stated it was inconsiderate for The Vintage to have an access from Palm Desert without considering the impact it has on Palm Desert residents. He was unaware if an attempt had been made early on or now to work with them, but it is a problem. Mr. Diercks stated he had been notified about the problem the previous week by Mrs. Jonathan and it was something he was going to look into. He intended to go over there first thing the following morning to see what was going on. There is a problem with it being in Indian Wells and it may help or hurt. At the very least, we could get the police out there to write tickets, some type of enforcement. Mr. Drell noted this was a problem occurring at The Reserve and they created a separate construction-worker access where they were able to by- pass the main gate and get in. Commissioner Jonathan stated The Vintage's entrance on Portola was for the construction workers and that there was plenty of room inside the gate, `m there's a small parking lot - maybe they could expand the parking lot, or maybe they could let them stack up alongside the street inside the gate. They are creating a traffic hazard now and we should hope for their cooperation and explore alternatives as there has to be solutions. Mr. Drell noted they should open their service gate earlier at 6:00 a.m. Mr. Diercks was unsure if they had been asked or if anything had been said to them yet. One of the first things we can do is make some noise. Commissioner Jonathan responded that hopefully they would be sympathetic and cooperative. He hated to "ding" the poor subcontractors, they need a place to wait until they are allowed in, but ultimately that is also one alternative. Mr. Drell stated this was a service entrance that should be open when the service people arrive. Commissioner Jonathan commented that they are not allowed to access The Vintage from Cook Street. Portola is the only entrance they are allowed to use. r� 9 MINUTES NOVEMBER 20, 2001 PALM DESERT PLANNING COMMISSION Mr. Drell stated these were the ones with the transponders who actually can get into the club. The others park down in President's Plaza, get into one car, they are actually car pooling. Staff was going to solve that problem as well as the problem exists because of The Vintage, The Reserve, and Bighorn. They are going to try to find a single construction-workers lot where they can park, but that is a separate problem. Commissioner Jonathan noted these are not commuters. They are bringing their big trucks and equipment that cannot be car-pooled. Mr. Drell stated if the City ever does another country club, what has to be done is to have a parking lot inside the club, but before the gate. XIII. ADJOURNMENT Chairperson Lopez wished everyone a Happy Thanksgiving. It was moved by Chairperson Lopez, seconded by Commissioner Campbell, adjourning the meeting. The motion carried 5-0. The meeting was adjourned at 7:25 p.m. 0 1-1� PHILIP DRELL Secre ary AT ST: JIM O EZ, C5anPm esert PI g Commission /gs i .nr 10