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HomeMy WebLinkAbout0120 ����� MINUTES PALM DESERT PLANNING COMMISSION '� � �� TUESDAY - JANUARY 20, 2004 6:00 P.M. - CIVIC CENTER COUNCIL CHAMBER ' � 73-510 FRED WARING DRIVE * w * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ,� * * * I. CALL TO ORDER Chairperson Campbell called the meeting to order at 6:02 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Tschopp led in the pledge of allegiance. III. ROLL CALL Members Present: Sonia Campbell, Chairperson Sabby Jonathan, Vice Chairperson Cindy Finerty Jim Lopez �"" Dave Tschopp Members Absent: None Staff Present: Phil Drell, Director of Community Development Bob Hargreaves, City Attorney Francisco Urbina, Associate Planner Tony Bagato, Assistant Planner Phil Joy, Associate Transportation Planner Tonya Monroe, Administrative Secretary IV. APPROVAL OF MINUTES: Request for consideration of the 8:30 a.m. November 4, 2003 minutes. Action: Commissioner Finerty moved,seconded by Commissioner Lopez,to approve by minute motion the minutes of the 8:30 a.m. November 4, 2003 meeting. Motion carried 4-0-1, with Commissioner Jonathan abstaining. �.. MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20. 2004 ..r V. SUMMARY OF COUNCIL ACTION Mr. Drell summarized the pertinent actions of the City Council meetings of January 8 and 15, 2004. VI. ORAL COMMUNICATIONS None. VII. CONSENT CALENDAR None. VI11. 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 „r described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. A. Case No. CUP 03-24 -VERIZON WIRELESS, Applicant Request for approval of a conditional use permit to allow construction of a 56-foot high monopalm wireless telecommunications tower with adjacent equipment cabinets within a 12 feet wide, 24 feet long, 15 feet high equipment building. Mr. Urbina reported that the applicant, Verizon Wireless, is requesting approval of an artificial 56-foot high monopalm that will have antennae to provide cell phone coverage in the area. He explained that this is an area where there is in adequate cell phone coverage for Verizon customers. He displayed a photo simulation of what the project site would look like one the monopalm is constructed as viewed from Portola Avenue looking west. He stated that the Architectural Review Commission (ARC) reviewed the project in November and granted preliminary approval, subject to the planting of five five palm trees. He displayed a photo simulation of the proposed monopalm ,�.n 2 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20. 2004 r.. with the planting of five live palm trees. He noted that the patm tree heights will be staggered per the Planning DepartmenYs recommended condition. He noted that the monopalm will be located westerly of the existing maintenance facility at Santa Rosa Country Club, and there will be a building constructed immediately west of the existing maintenance facility, and this building will house equipment cabinets for the monopalm and include similar construction materials as the existing building. Mr. Urbina pointed out that the proposed monopalm is located approximately 300 feet west of Portola Avenue and approximately 117 north of the existing Palm Desert Greens subdivision. He indicated that staff received a letter today from one of the Palm Desert Green residents, Nancy Hoffman, objecting to the proposal due to impacts upon her views. He remarked that the ARC felt that the planting of five live palm trees at varying heights would be sufficient mitigation to camouflage the artificial monopalm. He indicated that the staff recommendation is for approval of the requested conditional use permit, subject to the findings and conditions contained in the draft resolution. ,r Commissioner Tschopp asked if a landscape architect determined the heights of the palm trees which are recommended or if that was arrived at arbitrarily. Mr. Urbina explained that the recommendation is based on an attempt to create a natural grove appearance, while still allowing for growth of the palms so as not to interfere with the signal being broadcast from the antennae. Commissioner Tschopp asked at what height would the palms need to be relocated due to interference with the signal. Mr. Urbina indicated that the applicant could best answer that question, but assumed they would need to be located when they reach a height of approximately 50 feet. Chairperson Campbell noted that some of the existing palms located within Palm Desert Greens subdivisions appear to be quite high and asked if staff has an estimate of the heights. .� 3 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20. 2004 a s � Mr. Urbina estimated heights of 55 to 65 feet high for the existing palm trees within the Palm Desert Greens subdivision. Commissioner Jonathan noted that the staff report indicates that there is a large number of antennae, i.e., 12, which are each four feet high. Mr. Urbina confirmed those numbers and explained that is the reason the applicant was unable to propose a monopalm design where the antennae could be concealed inside the palm trunk as has been done at other sites. Commissioner Jonathan asked how the 12 antennae compares with other trees that the Commission has approved. Mr. Urbina explained that the Commission has approved others with 12 antennae in a similar design, but the ones that have been concealed inside the palm trunk have typically been limited to eight antennae. Commissioner Jonathan observed that the Commission has been fairly � successful with the stealth designs so that the antennae are not actually ,�, visible through the faux palm fronds, and asked if that will be the case with this proposed installation. Mr. Urbina replied that the monopalm antennae as proposed will not be entirely concealed, and pointed out that a similar monopalm exists at the Civic Center Park at the corner of San Pablo and Magnesia Falls Drive. Commissioner Jonathan could not recall that the Commission has ever approved installations with as many as 12 antennae. Chairperson Campbell declared the public hearing �en and asked the applicant to address the Commission. MR. MICHAEL COLLIER of Delta Groups, located at 5 Park Plaza, Suite #1400 in Irvine, stated that Verizon Wireless looks forward to bringing the best possible wireless telecommunications capabilities to the community, and indicated he has worked fruitfully with the staff and ARC to come up with a nice design, adding even more trees that was initially proposed. He indicated he is quite happy with the design ; and increased safety and communication capabilities. He explained � 4 MINUTES PALM DESERT PLANNING COMMISSION __ JANUARY 20 2004 � that 12 antennae per structure is pretty much the industry standard, which is anywhere from nine to 15. He indicated that if trees begin to interfere significantly with the signal, then the patms would be removed and replaced with a 30-to 35-foot palm to be consistent with the conditions of approval. Mr. Urbina reported that he was informed by his colleague, Mr. Bagato, that other monopalms approved by the Planning commission with a similar design where the antennae are not concealed within the trunk have included 12 antennae, such as the installation on Washington Street in the Albertson's Center, as well as the one at Civic Center Park. He noted that then the antennae are concealed within the monopalm trunk, the height of the monopalm must be approximately 20 feet higher than the height currently being proposed. Mr. Drell asked about the maximum number of antennae that can be concealed within a monopalm trunk. Mr. Collier indicated that concealing antennae within a monopalm ,,,� trunk is limited by structural constraints, but by adding height, additional antennae can be accommodated, as typically only three or four antennae per level can be accommodated. Chairperson Campbell stated that the public hearing is still �en and invited testimony in FAVOR or OPPOSlTION to the application. There being no response, the public hearing was closed. Action: It was moved by Commissioner Lopez, seconded by Commissioner Tschopp, to approve the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Lopez, seconded by Commissioner Tschopp, to adopt Planning Commission Resolution No. 2245, approving Case No. CUP 03-24, subject to conditions. Motion carried 5-0. B. Case No. CUP 03-27 - STONE EAGLE DEVELOPMENT, LLC„ Applicant Request for approval of a conditional use permit to allow � Bighorn Development to operate an abandoned public utility � 5 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20. 2004 ..ii well site for private water irrigation located at 46-400 Golden Rod Lane. Commissioner Jonathan advised that because this is related to the Crest project, now called Stone Eagle, and he owns property in the vicinity, he will abstain from participation. Mr. Bagato clarified that the applicant is Stone Eagle Development, not Bighom Development, and reported that the Zoning Ordinance was amended last year to allow abandoned utility well sites to be converted into private water export irrigation well sites, subject to a conditional use permit. He noted that the main concern is to ensure that the use does not increase the noise levels that existed prior to the conversion, and that any new physical improvements comply with the development standards of the zone. He stated that this property was initially developed by Coachella Valley Water District (CVWD) and later abandoned due to the high nitrate levels. Mr. Bagato indicated that the property is zoned R-1-20,000, and currently there are finro existing wells, although only one will be refurbished. He noted ` � that there is existing landscaping and chain link fencing around the front of � the property, and along the rear exists oleander and chain link gate as well as a combination wood and block fence. Mr. Bagato advised that Stone Eagle is in the process of purchasing the property from CVWD and seeks approval to use this as their irrigation site for the newly approved golf course along the hillside. He noted that this issue is referenced in the Development Agreement for the proposed Crest Development. The conversion will involve refurbishing the existing well with a new motor and pump, and the acoustical structure will meet the noise satisfaction. He stated that there will also be some undergrounding of the water lines, mainly under Goldenrod through Grapevine and Highway 74 in Phase 1, and Phase 2 plan includes going through the alley north of Willow Street and Indian Creek Villas complex and along and underneath the channel to reach the hillside. Mr. Bagato remarked that the proposed structure will be approximately 12 feet long, 10 feet wide and eight feet high, with the long side facing north and south. He indicated that the building will be set back 31 feet from the front property line with an additional 12-foot right-of-way for a total of a 43-foot setback from the curb. He noted that the structure will be located approximately 85 feet from the rear property line, 71 feet from one side yard � and 58 feet from the other side yard. He indicated that the existing .ri 6 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20 2004 �.. landscaping in the front will remain, but the applicant is removing the existing oleanders and replacing those with new desert style landscaping along the alley. He noted that the applicant is not proposing any new walls or improvements other than those identified. Mr. Bagato identified that requirements of the proposed structure are in line with the development standards of the R-1-20,000 zone. He noted that staff added some conditions regarding the walls were added due to concerns about screening. Staff found the existing landscaping to the north and along the front is sufficient to adequately screen the property from the street; however, staff added a condition of approval for a new six-foot high block wall and associated landscaping to keep the site screened in the event the existing vegetation dies. He displayed a photo of the interior of the site depicting the combination block and wood fencing and indicated that staff felt it would be inadequate for long-term screening and thus added a condition of approval requiring a new six-foot high block wall. He stated that the ARC reviewed the proposed structure land landscaping and approved the plans subject to submittal of a landscape plan approved by staff. ,,,,�, Mr. Bagato noted that finro acoustical studies were prepared which reported ambient late evening/early morning noise levels befinreen 37.9 db and 49.5 db. He indicated the second study was done to show their alternative design for the soundproofing material, and there were two designs based on the area, with the first design being concrete block and the second being an acoustic panel building that was similar to the Bighorn building. The concrete building measured an estimated 39 db at the nearest residence, while the acoustical panel measured 33 db. Since the concrete building was slightly above the lowest measured ambient reading, staff recommended that the acoustical panel be used because it was measured the ambient reading. He advised that the ordinance provides that these conversions may be permitted for private export irrigation provided that the ambient noise not be increased and that the new improvements meet the development standards. Based on the findings, staff concluded that the ambient noise level will not be increased, and the location of the buildings complies with applicable development standards, and the conditions regarding the block wali and landscaping will enhance the property and adequately screen the well site. He noted that for purposes of CEQA, the proposal is a Class 1 categorical exemption. He stated that the staff recommendation is for approval, subject to the conditions contained in the resolution. ... 7 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 2004 � Commissioner Lopez asked if desert landscaping will be installed along the new block wall which will be required along Goldenrod. Mr. Bagato clarified that there is no condition requiring a new wall or landscaping along Goldenrod, as the condition merely requires that a new six-foot high wall and landscaping be required if the existing vegetation dies. Commissioner Tschopp asked if there are any limitation on the hours of operation of the well. Mr. Bagato replied that there are no limitation on hours of operation, as it is assumed it will run constantly, which is why the noise study was conducted during the late evening and early moming hours when the ambient levels are lowest. Commissioner Tschopp observed that the landscaping between the pyracantha and Goldenrod does not enhance the neighborhood and asked if any consideration was given to requiring upgrade of that landscaping. Mr. Bagato indicated that after speaking with the neighbors, he may have � overlooked that area, but the applicant has expressed willingness to make the area enjoyable for the neighbors. Chairperson Campbell asked if all the neighbors received public hearing notices. Mr. Bagato assured that notices were mailed to all property owners within 300 feet of the subject property boundary Chairperson Campbell declared the public hearing �en and asked the applicant to address the Commission. MR. TED LENNON, 76-225 Via Miraposa in Indian Well, introduced himself as president of Stone Eagle Development and stated that he believes people prefer a natural looking landscaped area along Goldenrod, but he would be agreeable to adding rock and native plants. He learned today of staff's requirement for the additional walls, and he stated he can understand that condition, as well as the requirement to go with the fabricated building, which is more expensive, but he is agreeable to it. ..�r 8 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 2004 � Commissioner Tschopp asked about the hours of operation. Mr. Lennon indicated that normally the dominant time is during the late evening and early moming hours, because that is when Southern California Edison (SCE) rates are reasonable. He noted that SCE really punishes any kind of well pumping during the daytime. Commissioner Tschopp asked how long it would take to convert the site from its existing state to where the pump is operational. Mr. Lennon noted that it is not necessary to drill a well, which is quite time consuming, and the well has already been tested, so he estimated a construction time of four to six weeks. Chairperson Campbell stated that the public hearing is still �en and invited testimony in FAVOR or OPPOSITION to the application. MR. DOUGLAS BROWN, 72-827 Joshua Tree, stated that he resides approximately 300 feet from the well. It was his understanding that ,r,� CVWD had closed the well due to high nitrate levels, that the use of the water pumped from the well will be for golf course irrigation purposes, and that the project is a Class 1 exemption, and he asked for confirmation of that understanding as well as an explanation of a Class 1 exemption. He asked how much water will be pumped on a daily basis, and at what depth the pump will be dug from, and if the pumping and removal of water will have any adverse effect on soil stabilization. Although he believed that the staff has done good work to ensure that there will be no adverse impacts on the neighborhood, he was concerned about the volume being removed and the consequences to the soil. MR. DONALD MELVIN, 46-310 Goldenrod, stated that he is one home removed to the north of the subject property and commended the Commissioner for the questions they asked. He noted that the existing landscaping iooks awful and adds nothing to the neighborhood, so instead of waiting until the pyracantha dies, he suggested continuing the wall around to the Goldenrod side and planting some decent landscaping. He recalled that when CVWD pumped out what they did before, the machine ran from 6:00 a.m. to whenever, and it was approximately 30 feet high, and none of the �r.. 9 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20. 2004 � � neighbors were consulted about it and were forced to suffer through the noise;thus, the neighbors are a bit sensitive about this. He hoped that the property is developed in an aesthetic manner. MS. ROSEMARY KRISHMAN, 73-354 Grapevine Lane, indicated her home is located immediatefy adjacent to the well, and there has been a lot of talk about landscaping on the Goldenrod side, but she is also concerned about the landscaping on the east side of the well. She noted that the gate on Grapevine Lane into the property will be removed, and Grapevine Lane is a private street, so she assumed that the trucks and gardeners that have been coming down Grapevine Lane will no longer be able to do so. Mr. Lennon remarked that the conditions of approval require a new wall and new landscaping on the Grapevine Lane side, and if that is in fact a private street with a small fee required for maintenance, he would definitely be willing to contribute. He indicated that he is happy to work with the neighbor to upgrade the landscaping along the front. Regarding the consequences of pumping the water out of the ground, ; he explained that the water comes from a major aquifer, and if a r.�i pocket develops, there is no water, so there is constantly water coming back into the same area. He noted that the nitrate water which is not potable goes back up into the mountains and is filtered back down into the same Valley aquifer system, but it will be cleaned up, so hopefully long range, the underground water in this part of the Vafley will not all be high nitrate. Mr. Bagato explained that Class 1 exemptions consist of operation, repair or maintenance of existing public or private facilities that involve no expansion of the use, and that was the determination made by staff. Chairperson Campbell closed the public hearing and asked for comments from the Commission. Commissioner Finerty noted that the applicant appears quite willing to work with the neighborhood regarding landscape concems. ..ii 10 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20 2004 � Action: lt was moved by Commissioner Finerty, seconded by Commissioner Tschopp, to approve the findings as presented by staff. Motion carried 4-0, with Commissioner Jonathan absent. It was moved by Commissioner Finerty, seconded by Commissioner Tschopp, to adopt Planning Commission Resolution No. 2246, approving Case No. CUP 03-27, subject to conditions, including an additional condition requiring the applicant to work to enhance the landscaping along Goldenrod Lane. Motion carried 4-0, with Commissioner Jonathan absent. Whereupon Commissioner Jonathan rejoined the meeting. C. Case No. CUP 03-19 - CHARLES BIEHL, Applicant Request for approval of a conditional use permit to operate a 2,600 square foot breakfast and lunch only restaurant at 75- 130 St. Charles Place. ... Mr. Urbina reported that the project site is located within the Palm Desert Business Park, and the site consists of an existing 16,420 square foot industrial building and a 42-space parking lot which has two spaces occupied by a metal storage container for a custom cabinet business. He noted that the custom cabinet business occupies 11,636 square feet, and at the front of the building is a 2,191 square foot home furnishings showroom. He explained that the proposal is to use 2600 square feet of the existing building for a breakfast and lunch only type of restaurant, which would be open Monday through Friday from 6:00 a.m. to 2:00 p.m. Mr. Urbina stated that based on a strict interpretation of the Zoning Ordinance standards for off-street parking for restaurants, one space per 100 square feet of floor area is required. Based on that parking standards for restaurants as well as the standard for the cabinet manufacturing and related showroom, staff determined that both uses would require a total of 54 spaces; however, only 40 spaces are available. He noted that the Zoning Ordinance does allow the Planning Commission to make a determination that the standard may not necessarily be appropriate based on other circumstances. � ... 11 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 2004 3 z � He stated that the applicant is requesting the Planning Commission approve a reduction of the 14 parking spaces required by the Zoning Ordinance for the several reasons, the first being that the applicant anticipates that approximately one-half of the restaurant customers will walk to the restaurant, because there are no other eating establishments within a quarter mile. He noted that the restaurant will be open only for breakfast and lunch, and after 2:00 p.m. will not generate any vehicfe trips. Staff conducted a parking survey by visiting the site eight times over the past few months and observed that the minimum number of vacant spaces was 20 with a maximum number of maximum spaces of 28 and an average number of 25, which is only one parking space less than the 26 required for the restaurant. In addition, for mixed used commercial projects the Planning Commission has typically allowed up to 20°/a of the floor area to be devoted to restaurant uses, and in this case, the 2,600 square foot restaurant will occupy 15.8°l0 of the total building floor area. The City's General Plan encourages businesses that will be located in areas that encourage people to access the site by walking or bicycling in order to reduce the number of vehicle trips generated. He indicated that the staff recommendation is for approval. Commissioner Tschopp noted that the two parking spaces permanently � occupied by metal storage containers and asked if the City typically allows parking spaces to be occupied by such structures. Mr. Urbina acknowledged that occupancy of two parking spaces by permanent storage containers is an issue with this application because the City does not typically allow that type of use. Mr. Drell added that the City also does not typically app�ove shipping containers as an acceptable means for storage, and the cabinet business did not request permission to so utilize the two parking spaces for storage. Commissioner Jonathan asked about the proportion of offices within the interior of the cabinet building. Mr. Drell indicated that staff typically assumes 20% office within an industrial use, but the code technically requires only one parking space for 1,000 square feet of building space for industrial uses, but staff typically requires one space per 500 square feet because there is always some office use within an industrial space. .r�1 12 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20. 2004 � Commissioner Jonathan asked how much of the subject building will actually be used for office space. Mr. Urbina indicated that he visited the project site and observed five offices, one of which is used as a conference room, and approximately total size of office uses at 600 square feet. Commissioner Jonathan noted that the parking calculation was done at two spaces per 1,000 square feet, and historically that calculation is applied when there is only to be one office, so he concluded that the office space would be less than 20% for this building. Chairperson Campbell declared the public hearing open and asked the applicant to address the Commission. MR. CHARLES BIEHL, 6 Delacort in Rancho Mirage, stated that the existing office space is 2,112 square feet, which is approximately 1,200 square feet less than 20% of the gross square footage. He noted that the finro storage containers are portable units which will be „�„ removed by the end of the year, as he is buying another building to provide warehouse space. Commissioner Lopez asked if the restaurant operation will commence at 6:00 a.m. Mr. Biehl confirmed the 6:00 a.m. start time. Commissioner Lopez asked if the applicant anticipates that people will first drive to the restaurant, and then go on to work. Mr. Biehl believed that would not be the case, as most of the businesses located within the buildings in the area open at 8:00 a.m. Commissioner Tschopp asked if the applicant would agree to implementation of a parking management plan should parking become an issue. Mr. Biehl explained that the number of staff people in his building will not be increasing at this particular location, and part of his operation will move to another building by the end of the year, so he will actually have fewer employees at this location, so if the restaurant creates a `..r 13 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 2004 3 , ..r parking problem, his plans to relocate 50% of the manufacturing use should address the issue. However, he noted that should a parking problem arise which is not addressed by relocation of 50% of the manufacturing business, he would be willing to work with staff regarding a parking management plan. He anticipated that a lot of the restaurant business will be walk-in and take-out. Mr. Drell stated that the Commission has approved several of these uses in the area over the years, but none of the parking problems have ever been attributed to the restaurant uses. Mr. Biehl stated that the employees in the area currently have to hunt for food, so this restaurant will be within waling distance of may of the local businesses. Chairperson Campbell stated that the public hearing is still o en and invited testimony in FAVOR or OPPOSITION to the application. MS. ELAINE MELLING, 41-775 Largo, stated that she is currently � working with the City's Code Enforcement Department because the „� ambient noise levels in the business park are quite high, and she is concerned about the hours of operation, deliveries and amount of other related activity that will occur during the early hours of the morning. She noted that the ordinance allow businesses in the area to operate from 7:00 a.m. to 5:00 p.m. Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturdays, and not at a11 on Sunday, and there have been issues of non-compliance in that regard with several of the businesses. Mr. Biehl remarked that his plant closes at 4:00 p.m., but he arrives at his office at approximately 4:30 a.m., and he has noticed a lot of noise coming from a complex to the south at that time. Although he staff begins to arrive at 6:00 a.m., they don't commence manufacturing activities until 7:00 a.m. Mr. Biehl noted that restaurant deliveries will not be taking place as early as 6:00 a.m. Chairperson Campbell asked what days the restaurant will operate. Mr. Biehl noted that the restaurant will operate Monday through , Friday. ,.r 14 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20. 2004 r.. Chairperson Campbell stated that the public hearing is still o,�en and invited testimony in FAVOR or OPPOSITION to the application. There being no response, the public hearing was closed. Commissioner Tschopp expressed support for the concept, but suggested that a condition be added to require a parking management plan in the event a parking problem arises, as well as a condition requiring removal of the storage trailers which are occupying finro parking spaces. Commissioner Lopez concurred with the two suggested conditions and recommended an additional condition prohibiting restaurant deliveries prior to 7:00 a.m. He believed most of the customers will probably walk to the restaurant. Commissioner Jonathan doubted the possibility of mitigation in the event a parking problem arises, as he has very littfe parking available on St. Charles street as well as other streets in the area. He stated previous conversion of warehouse space to office has created additional parking shortages. He indicated that his issue with the application is that this is an office warehouse `„ area, and if the Commission was presented with an application for an office use on a vacant lot, he would be supportive, but to place a restaurant use in a warehouse building that doesn't have proper solutions for the types of issues that restaurants generate would be inappropriate. He indicated he would like to see a restaurant in the area, but this is not the way to do it. Commissioner Finerty concurred with Commissioners Tschopp and Lopez as well as the additional recommended conditions. Chairperson Campbell agreed with the additional proposed conditions. Action: It was moved by Commissioner Lopez, seconded by Commissioner Tschopp, to approve the findings as presented by staff. Motion carried 4-1, with Commissioner Jonathan dissenting. It was moved by Commissioner Lopez, seconded by Commissioner Tschopp, to adopt Planning Commission Resolution No. 2247, approving Case No. CUP 03-19, subject to additional conditions requiri�g a parking management plan in the event parking becomes a problem, requiring the removal of the storage trailers currently located within two parking spaces, and prohibiting �... 15 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20. 2004 ; � .� restaurant deliveries prior to 7:00 a.m. Motion carried 4-1, with Commissioner Jonathan dissenting. D. Case No. MP/CUP/PP 03-18 - FOUNTAINHEAD SHRUGGED LLC, Applicant Request for approval of a conditional use permit for a master plan of development for a drive-thn� restaurant (Wendy's) and a sit-down restaurant, and a precise plan of design for the Wendy's restaurant (including drive-thru), on property at the northwest corner of Washington Street and Country Club Drive, APN 607-070-017, 78-078 Country Club Drive. Mr. Smith reported that the revisions to site plan involve the corner of Desert Country Circle and Country Club Circle where the applicant addressed staff's concerns regarding setbacks. He noted that the property is a vacant four- acre site on the north side of Country Club Drive between Desert Country Circle and Washington Street, and immediately to the west on the north side � of Desert Country Circle lies the recently completed Wells Fargo Bank and „� a car wash facility, while the south side of Country Club is occupied by a Mobil station and the recentfy completed mini warehouse facility, and to the east across Washington Street is the area under Riverside County jurisdiction, and north of the site is a row of Tamarisk trees which separate the site from the railroad tracks. Mr. Smith recalled that the Commission considered a request in 1999 from Jack in the Box on this same site which proposed to include a convenience store and gas bar and a mini storage facility, but that request was ultimately withdrawn by the applicant prior to City Council action. Mr. Smith noted that this application deals with the southerly 1.75 acres of the site, and specifically with respect to the Precise Plan deals with a proposal for a Wendy's restaurant on the Washington Street corner. He pointed out a second restaurant site on the west corner, but architectural drawings have not yet been presented for that building. Mr. Smith explained that the proposal total 7,218 square feet of restaurant space providing 83 parking spaces, which is 5 more spaces that required by code. He indicated } access will be via Desert Country Circle only with a single driveway north of � ; Country Club Drive, so access to the site will be via a right turn from � � 16 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 2004 � westbound traffic on Country Club Drive and via left turn ingress from eastbound Country Club, while egress from the site will be on Desert Country Circle with a right turn only, and there will be no left turn movement from Desert Country Circle onto Country Club Drive. Mr. Smith reported that the Architectural Review Commission (ARC) required significant amendments to the site plan prior to approval, including movement of the drive-thru lane pickup window to the north side of the building to provide adequate screening from Country Club Drive. ARC also required landscape mitigation along the Washington Street frontage. He noted that while the drive-thru lane will still be visible from Washington Street due to its elevated location, it will be screened as much as possible. He stated that the architectural styte of the building is similar to that of the Wells Fargo building and the elevations were revised to address ARC's concerns. He noted that the plan complies with the required landscaping of the Freeway Overiay zone, and there is a condition requiring the architectural theme be carried forward on the future westerly building. The applicant will be working with the Public Art Manager to incorporate art into the site plan, ,,,,, as there is adequate room, particularly on the corner at Washington Street. Mr. Smith explained that the site had been previously disturbed considerably, which eliminated any value as habitat for endangered species, yet the project is still within the Coachelia Valley Fringe Toed Lizard habitat; thus, the applicant will be required to pay the applicable mitigation fees. He noted the project is a Class 32 categorical exemption, as it is an infill project. Staff recommended approval of the project subject to the conditions outlined in the resolution. Commissioner Finerty noted that the revised site plan indicates "restaurant or retail" for the second restaurant building and asked for clarification. Mr. Smith noted that the Commission is being asked to approve a restaurant use, but should the applicant opt for a lesser intensive use such as retail, that would also be appropriate; however, if the applicant wishes a more intensive use than a sit-down restaurant, i.e., another drive-thru restaurant, then Planning Commission approval would be required. �.. 17 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20. 2004 ..r� Commissioner Jonathan asked if the applicant intends to provide art or merely wishes to pay the in lieu fee. Mr. Smith stated that the applicant is not required to provide art on site, but currently the intent is to install public art. Commissioner Jonathan noted that the staff recommendation includes a day care mitigation fee of$10,000 and asked about the basis for assessing this fee. Mr. Smith explained that this fee is typically imposed on hotel and restaurant uses which helps to offset the cost of providing day care for employees of the facility, as employees of these uses are typically lower income employees who are often young people in need of some type of subsidized day care. Commissioner Jonathan questioned the nexus for requiring day care mitigation for this type of business and not all businesses. Mr. Drell stated that previous such uses have had such a condition imposed, � and staff is in the process of conducting a very specific nexus study which r„r will further refine the mitigation fee, so an alternative would be to modify Condition No. 16 such that this project be subject to the fee as recommended by the study if and when it is adopted by the City Council. Chairperson Campbell declared the public hearing open and asked the applicant to address the Commission. MR. CRAIG SMITH, 1400 Quail Street in Newport Beach, stated considerable revisions were made to both the site plan and elevations in response to concems expressed by the ARC and staff. A user for the second building has not yet been identified, but the type of restaurant anticipated would be a sit down restaurant similar to Mimi's or Chili's. Since he was uncertain about the type of use the second building will ultimately contain, he proposed to alter the language of Condition No. 16 so that the fee would be imposed on the businesses occupying the buildings rather than the project as a whole. Regarding Public Works Condition No. 5, there is a catch basin.at the southwest corner of the site, and nuisance water runs down Country Club and into the storm drain system through a catch basin onto the site and then percolates. He noted that current property owner has indicated ; .�I 18 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20. 2004 � to his that there had been at one point in time an understanding with the City that when the property is developed that the City would participate financially to correct that problem since it is the City's nuisance water that is coming onto the site. Mr. Drell indicated that he is unaware of what representations have been made in the past, but if one is installing a component of the master drainage system, then typically credit can be given, but he is not sure if this would be part of that system. He noted that waiver or substitution of those fees would be a City Council decision. Chairperson Campbell stated that the public hearing is still open and invited testimony in FAVOR or OPPOSITION to the application. MR. JERRY HENSON, 29-959 Yorkton Road in Murrieta, California, stated that he operates five Wendy's locations, and expressed support for the application. MR. STEVE LEE, 40-843 Biscayne Drive, stated that he attended the ,� City Council meeting wherein the Jack in the Box application was considered, and the Council denied the application due to the drive- thru issue. He noted that he lives in the area and would prefer a sit down restaurant or a retail use, because there are already so many fast food restaurants in the area that no additions are necessary. He believed that another drive-thru restaurant is not appropriate for this gateway to the City. Mr. Drell noted that the Council objection was related to site, which included the drive-thru lane along the street frontage, and the applicant was given an opportunity to address the design issues, but declined to do so and requested a decision based on the design submitted; so the Council denied the application. Chairperson Campbell stated that the public hearing is still o�en and invited testimony in FAVOR or OPPOSITION to the application. There being no response, the public hearing was closed. Commissioner Finerty stated that she is not a fan of fast food, particularly those with drive-thru operations, and while the Freeway Overlay Zone does provide for drive-thru operations, the development standards clearly state �.. 19 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20. 2004 � that the drive-thru lane and window facility must be designed so as not to be visible from an arterial street. Staff has admitted that the drive-thru lane will be visible from Washington Street. Due to the fact that this application did not adhere to that development standard, she was opposed to the project. Commissioner Tschopp believed that the project meets the land use intent of the Freeway Overlay Zone, including the drive-thru component, and opined that the architect has done a very good job of trying to obscure visibility of the drive-thru lane Commissioner Jonathan shared Commissioner Finerty's concerns, but felt this location warrants the application as presented, including the fast food use. He commented favorably on the design, access, interior circulation and parking. He noted the Freeway Overlay Zone allows fast food restaurants with drive-thru operations and believed that appropriate mitigation measures are being applied. Commissioner Jonathan suggested that Condition No. 16 be modified to provide that the applicant participate in a fee schedule for day care if and when one is implemented by the City Council. ,.r Commissioner Lopez believed that the architect has done a marvelous job on the design and layout for a fast food drive-thru use, including screening the drive-thru lane to the greatest extent possible. He concurred with the modification to Condition No. 16 as recommended by Commissioner Jonathan. Chairperson Campbell stated that she is not a big fan of drive-thru restaurants, but commended the applicant for screening the drive-thru lane to the greatest extent possible. She noted that this zone does allow drive- thru restaurants. Action: . It was moved by Commissioner Jonathan, seconded by Commissioner Lopez, to approve the findings as presented by staff. Motion carried 4-1, with Commissioner Finerty dissenting. It was moved by Commissioner Jonathan, seconded by Commissioner Lopez, to adopt Planning Commission Resolution No. 2248, approving Case No. MP/CUP/PP 03-18, subject to conditions, amending Condition No. 16 to � ..i 20 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20. 2004 �.. provide that the applicant participate in a fee schedule for day care if an when one is implemented by the City Council. Motion carried 4-1, with Commissioner Finerty dissenting. E. Case No. CUP 03-12 - LISA D. STINSON, Applicant Request for approval of a conditional use permit to allow a .55- acre vacant lot planted with grass to be used as a playground by children from an after school tutoring and homework club operating within an existing building at St. John's Lutheran Church located at 42-695 Washington Street. Commissioner Lopez noted that this public hearing was continued form the December 16, 2003 meeting, and since he was absent and unable to review the minutes or tapes of that meeting, he would abstain from participation. Mr. Urbina reported that the Planning Commission directed staff to explore ways of mitigating traffic impacts generated from the proposed after schoo! r.,,, homework club onto the Avilas, who live at the home immediately east of the site. The Avilas had complained last year that the noise generated by the children using the half-acre turf acre during playtime was annoying, as well as the children bouncing balls off the block wall that separates the Avilas property from the playground. Since the last meeting, staff gathered some additional information regarding the history of the St. John's site, which is a church that was originally approved while under County of Riverside jurisdiction, although there was an addition that was approved by the City approximately four years ago, and the off street parking was determined to be sufficient for the expansion of the church and related offices. He noted that average daily attendance for children attending the after school tutoring homework club is 25, who arrive by van pool from Gerald Ford Elementary School, and the hours of operation are Monday through Thursday from 3:30 p.m. to 5:30 p.m., with a recess from approximately 4:30 p.m. to 5:00 p.m. He stated that parents pick up their children befinreen 5:00 p.m. and 5:30 p.m., which generates approximately 25 vehicle trips. Staff indicated in its January 20, 2004 staff report that one possible solution to taking traffic from the parents picking up children and keeping them off Hidden River Road would be to require the applicant to install bollards at the two driveways to prevent parents from exiting the St. John's property onto v.. 21 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20. 2004 .�ai Hidden River Road and out to Washington Street. Since the writing of that staff report, Planning staff met with the City Engineer, who determined that it was undesirable to have traffic for the homework club enter and exit only via the St. John's property. The intersection of Washington Street and Hidden River Road, which is only a 16-foot wide street capable of safely accommodating one-way traffic only, has a one-way driveway into St. John's; however, the driveway is 24 feet wide and accommodates two-way traffic. Staff's intent was to have Monday through Friday traffic enter and exit via this driveway; however,the City Engineer indicated that could pose a problem for people exiting the St. John's driveway who wish to turn right onto Washington Street at the same time there may be a motorist wanting to turn left from Hidden River Road onto northbound Washington Street, as it would create a conflict. He indicated that staff concluded that the traffic issue will only be solved with a redesign of both the St. John's driveway and the Hidden River Road driveway; however that solution of a combined driveway of Hidden River Road onto the church property would be expensive as there is are issues of overhead power lines as well as realignment of the road. It would be ideal to have this intersection signalized, but that is also costly. The next solution ..r might be to install a median barrier to prevent people exiting on Hidden River Road from making a left onto Washington Street, which can be hazardous due to the high volume of traffic on Washington. He advised that due to Planning staff's meeting with the City Engineer expressing opposition to staff's proposal to require traffic to both enter and exit St. John's Monday through Friday using this driveway, staff is now recommending approval of the conditional use permit as originally proposed in the December 16, 2003 staff report, and the City Engineer is aware that traffic circulation issues exist at the intersection which the City inherited from the County, and the City Engineer will be researching the possibility of placing on a Capital Improvements Program enhancements to the intersection; however, any such solution may be several years away due to limited funds and competing traffic improvement proposals. Commissioner Finerty asked if staff is aware of the schools that are to be built on Washington Street at the intersection of Darby, and the fact that the School District is proposing installation of a traffic signal at that intersection. Mr. Urbina indicated he is unaware of any such plans. r■/ 22 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20 2004 ... Commissioner Jonathan asked how many seats were added by the 663 square foot expansion to the seating area which was approved by the City in 1998. Mr. Urbina indicated that he doesn't know how many additional seats were added. Commissioner Jonathan noted that there was a separate 648 square foot expansion to the detached administration building as well. He noted that the conditional use permit currently before the Commission is related to use of the vacant lot, however, it is part of an overall expansion for the church facility, and the problem could be overuse of an existing facility. He estimated that the existing facility has approximately 240 seats with only 70 parking spaces, so the parking ratio is three people per car, when somewhere befinreen one and finro is more realistic. He suggested that the Commission should direct staff to review the overall use of the site because it appears that the facility may be overused. He stated that when he visited the site, he noticed that the parking is slanted. r.,. Mr. Urbina reported that the parking lot is slanted and could be restriped for 90-degree parking and still meet the City's standards. Mr. Drell noted that there is not a parking problem during the week, so the parking lot striping is not an issue related to the homework club's use of the half acre play area. Chairperson Campbell noted that half acre lot is owned by St. John's Church, and if that vacant lot were to be improved or sold, then the homework club would not have access to this area for a play area. Commissioner Finerty asked if the parishioners and parents utilize the 24- foot wide road to access the church. Mr. Urbina noted that people visiting the church typically enter on the 24-foot wide one-way driveway at St. John's, but they exit on the 16-foot wide Hidden River Road. He added that there are finro access points from the rear part of the church parking lot onto Hidden River Road, which is a private street wide enough to safely accommodate one-way traffic, and the Avilas' main complaint regarding traffic is limited to their inability to in and out of • their property via vehicle on Sundays after church services. �... 23 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 2004 f : � ..� Commissioner Finerty felt that the big picture needs to be addressed so that the Commission may understand whether or not Hidden River Road is a private road, who owns it, who is responsible for maintenance, and if it is a private road, whether or not the owner is agreeable to allowing St. John's to use it, because if not, other arrangements need to be made for St. John's Church Mr. Drell noted that St. John's Church owns half of the private street, and when it was set up all the parcels were residential, so it was most likely assumed that a 16-foot driveway would be adequate for residential parcels. Commissioner Finerty noted that the 24-foot wide street is wide enough to accommodate two-way traffic. Mr. Drell acknowledged that the 24-foot wide street can accommodate two- way traffic, but the City Engineer was concerned about potential conflicts in limiting church visitors to this access point; however, a possible solution may be for the streets to merge at the end. Commissioner Tschopp stated that he observed the church parking on a ..r couple of different days, and it is a mess, because church visitors are using both streets to enter and exit and are using Washington to make left and right turns. He suggested that the City Engineer facilitate a meeting between the church and the Avilas to develop an acceptable traffic flow pattern which possibly even includes the Tot Stop. He believed that the safest solution would be to develop two one-way access points. Commissioner Finerty suggested that staff consider the possibility of prohibiting left turns onto Washington, and added that she believes the homewortc club can still function, but possibly find an altemative play location or even just limit the activities to two hours of study without a recess. Chairperson Campbell stated that the public hearing is still �en and invited the applicant to address the Commission. MS. LISA STINSON, 76-862 Danith, stated that she operates the homework club and indicated that there is no other location for the children to piay, but ciarified that the recess is not really that important, as tutoring occurs from 3:30 p.m. to 4:30 p.m., and then the children are allowed to run around for 30 to 45 minutes so that the ..I 24 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20. 2004 r... program is more well rounded. She noted that today she directed the children to utilize the far end of the half acre site which is furthest away from the Avila residence, and she has asked that the Avilas report back to her in a week as to whether or not that makes a difference for them. She indicated she would prefer everyone to enter St. John's via the 24-foot road and then exit via Hidden River Road. Commissioner Finerty suggested it may be best to continue this area to allow additional time to determine whether or not the altemative play area is more acceptable to everyone, as well as allow staff to get together with the interested parties to work on a circulation solution. Chairperson Campbell stated that the public hearing is still o�en and invited testimony in FAVOR or OPPOSITION to the application. MR. DAVID BARRETT, 5105 Eisenhower in La Quinta introduced himself as Mr. Avila's son-in-law and displayed photographs that shows the play area being used as a parking lot on Sundays. He noted that the Tot Stop is also used as a parking lot on Sundays. He � displayed a photograph depicting cars exiting the site and noted that between 10 and 15 cars stack up as they wait to exit, which means residents and visitors to residents of Hidden River Road cannot enter or exit the property. He noted that attendance at the homework club is closer to 40 children rather than just 25, and the recess period is longer than 30 minutes. He commented that parents use Hidden River Road to both enter and exit the church parking lot. MR. ART AVILA, owner of the residential property adjacent to the vacant half acre site, expressed willingness to work with the church, and indicated the main problem is the traffic situation, and indicated it would be great to limit atl church access to the 24-foot wide road. Ms. Stinson commented that until the traffic issue is resolved, she would suggest that visitors to the Avila residence not park on Hidden River Road, as there is ample space on Mr. Avila's property to park seven or eight cars. Mr. Drell stated that a private shared driveway typically would not permit parking as the width would be insufficient, and the Fire Marshal would not ... 25 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20. 2004 nri allow parking on a 16-foot wide road because emergency vehicles require 20 feet for access. Commissioner Finerty requested that the Fire Marshal's input be obtained regarding this traffic issue. Commissioner Tschopp believed that if the church property is currently being overused, then approving the homework club use would only exacerbate the situation. He suggested that the City facilitate a meeting with the property owners, including City staff and the Fire Marshal, with a goal of developing a solution which is beneficial to everyone. Commissioner Jonathan agreed with Commissioner Tschopp's suggestion. He added that he doesn't believe the matter should have been brought before the Commission tonight, because it was continued so that staff could explore a solution regarding the number of vehicle trips, but staff hasn't yet developed a solution. He suggested that the matter not be brought back to the Commission until Planning staff and Public Works staff, along with the Fire Marshal, have worked out a solution. ; .� Action: It was moved by Commissioner Tschopp seconded by Commissioner Finerty, to continue the public hearing regarding Case No. CUP 03-12 to a date uncertain. Motion carried 4-0-1 with Commissioner Lopez abstaining. Whereupon Commissioner Lopez rejoined the Commission. F. Case Nos. GPA 03-02, C/Z 03-01 and PP 03-05 (Revision #1) - JAMES AND LUCILLE FEIRO, ET. AL., Applicants Request for approval of a general plan amendment from residential (medium density 5-7 units per acre) to office professional, a change of zone from R-1 13,000 to O.P. (Office Professional), a precise plan of design for a 5,640 square foot single story office complex, and a Negative Declaration of Environmental Impact as it relates thereto. The general plan amendment and change of zone apply to four lots on the west side of Deep Canyon Road: 44-575, 44-605, 44-655 and 44-675 Deep Canyon Road. Precise plan of design applies to .■�r 26 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20. 2004 � property at the northwest corner of Ramona and Deep Canyon Road, known as 44-575 and 44-605 Deep Canyon Road. Mr. Smith reported that there are four lots involved in this application, and the six lots befinreen Alessandro and the subject properties on the west side of Deep Canyon are currently zoned OP, and that change of zone took place in 1997, and this request is to extend that zone and land use designation by four additional lots. He noted that for the two northerly lots, which are north of Ramona Avenue, there is a proposed Precise Plan. He explained that the lots are currently zoned for residential use, and Deep Canyon Road is designated as a secondary roadway in the General Plan Circulation Element in that it connects arterial streets, i.e., Fred Waring and Highway 111, and it is designed to carry significant volumes of traffic, up to 20,000 vehicle trips per day. He indicated that he checked with the Public Works Department, and Deep Canyon currently carries 10,600 vehicle trips per day. He explained that it is generally undesirable to have single-family dwellings fronting onto high traffic volume streets, and the City has effected Office Professional complexes on many high volume streets such as Monterrey, Fred Waring and Deep Canyon to the south. Office complexes serve as an ,,,,� acceptable transition befinreen the high traffic volume streets and single- family dwellings and provide an effective noise buffer. Mr. Smith pointed out that the Precise Plan effecting the two lots north of Ramona with two proposed buildings, with the initial building proposed at 4,090 square feet located at the south end of the site adjacent mostly to Ramona, and a future 1,700 square foot building in that location. He indicated that access will be from the north end of the site where a two-way driveway is proposed leading to 21 parking spaces. He noted that off of Ramona exists a driveway leading to a single-car garage, which is where the applicant proposes to park his survey vehicle, but there is no connection from the parking lot through to Ramona. He stated that the Commission may recall a previous request in the spring of last year, and there was concern with that the plan include circulation out to Ramona, and this plan has addressed that concern. He noted that the proposed parking will be adequate for the 4,090 square foot building, and will also be adequate if an d when the future 1,700 square foot building is constructed. The applicant was asked today when the 1,700 building may be constructed, and the applicant indicated that it is not on the horizon. ... 27 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 2004 � Mr. Smith advised that the revised building architecture was reviewed by the Architectural Review Commission (ARC) at its December 9, 2003 meeting, at which time preliminary approval was granted. He clarified that although the colored exhibits contained in the agenda packet depict a yellow colored building, there will actually be no yellow color used in the project. He indicated that the proposed buildings and locations, building heights, parking, maximum lot coverage all comply with the OP standards. He stated that staff prepared a Negative Declaration of Environmental Impact for ce�tification. Mr. Smith commented that staff believes the General Plan Amendment and Change of Zone can be supported for several reasons: 1) as traffic volumes increase on Deep Canyon, it will become less desirable as a residential environment; 2) an OP designation is consistent with the General Plan policy of providing convenient office professional services along arterial/secondary roadways; 3) office uses along Deep Canyon will buffer residential uses to the west from traffic noise; 4) office uses in this location will be a logical extension of the existing zoning to the south. Mr. Smith advised that the proposed Precise Plan on the two northerly lots ; can be supported for several reasons: 1) it complies with all the provisions ,,,�, of the OP zone; 2) it provides an open landscape area at the comer of Deep Canyon and Ramona; 3) the building design will be an attractive addition to the neighborhood; 4) the site layout as conditioned will provide for the future joint use of the access driveway with the lots to the north, thereby eliminating the need for another driveway at some point in the future. Mr. Smith indicated that on the northemmost of the two lots exists a structure which served as a single-family home in the past, but is in need of repair, and if the application is approved, that building will be razed. Northerly of that area are two single-family homes which are not part of the application, and those are occupied and in good shape. Commissioner Jonathan asked if staff recommends that the wall on the northerly boundary of the property be moved in order to accommodate a potential shared driveway. Mr. Smith replied that staff is not making that recommendation at this point in time, but eventually the wall will come down and there wi11 be a shared driveway and connection to the north, and the Public Works Department � conditions require include an offer of the access easement. ..r 28 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20. 2004 ... Mr. Drell noted that the Draft General Plan which has been forwarded on to the City Councii for adoption shows the entire frontage as OP. Chairperson Campbell noted tF�at the second building will not be immediately constructed, thereby leaving the ingress/egress point will remain on Deep Canyon. Commissioner Tschopp asked if the primary reason for staff's recommendation of approval is related to safety and access concerns for the residents backing out onto Deep Canyon. Mr. Smith noted that consideration is one of many, as staff doesn't believe that this is an acceptable residential environment for the long-term future. Mr. Drell added that it is also a matter of orientation relative to an interior quiet residential area as opposed to an orientation to a high volume traffic street, so it is highly unlikely that a new single-family residence would be constructed on a vacant lot with this orientation. .�, Chairperson Campbell o ened the public hearing and asked the applicant to address the Commission. MR. RON F(ERO, 29-825 Sunny Slope Road in Indio Hills, introduced himself as one of the applicants, and stated that he did make an offer to include the two properties to the north on this application, but those property owners were not interested. He added that the size of the vehicle is a three-quarter ton pickup truck, and it is convenient to have a place to lock the vehicle, as it contains valuable survey equipment. He note that the corner lot is approximately 11,000 square feet and the property to the north is 14,000 square feet, and they may physically be large enough for a home, but because of the angle at Ramona and Deep Canyon, the corner lot has considerable frontage which makes it more difficult to develop for residential use. Chairperson Campbell stated that the public hearing is still open and invited testimony in FAVOR or OPPOSITION to the application. MR. MEL FINGER, 279 Cortu Court in Hidden Palms, introduced himself as the President of the HOA Board of Directors ad stated he represents himself as well as 200 homeowners of the Hidden Palms � Homeowners Association. He reported that this matter was discussed ... 29 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20 2004 ..r at the recent HOA meeting, and every the homeowners were was unanimous in their opposition to the project. The main access point for Hidden Palms is on Deep Canyon, and with the increased traffic on Fred Waring befinreen Portola and Deep Canyon, the traffic level is extreme, making the Fred Waring access point unsafe. The Deep Canyon access point is the main vehicle access and is also heavily used by pedestrians, i.e., school children. Mr. Finger recalled that the HOA requested a stop sign last year, but the studies done by the City indicated that traffic counts did not justify such a traffic measure. Mr. Finger noted that all homeowners who attended the HOA meeting, plus 11 additional who signed a document which was circulated with the public notice, are opposed to the project, because it is a residential area, and it seems most of the problems in the area are derived from the change of residential use to commercial or office use. He indicated that he objects to non-residential uses of the property. MS. JACKIE ROMERO, 44-069 Oran Court in Hidden Palms, pointed out that the Sunlife building, which is across the street from the �„� Library, has inadequate parking which forces visitors to park in the residential areas. She anticipated that the proposed buildings will have inadequate parking to serve both visitors and employees. She believed a little more attention should be given to the ingress/egress for Hidden Palms, because it serves the entire community. MR. TOM CARNEY, 44-650 San Onofre Drive, stated that the back of his property adjoins the subject property, and indicated that he has spoken with several neighbors in the area and obtained eight signatures on a petition in opposition to the proposed project. He stated he opposes the project because he will be directly affected by it. MR. JOHN MACK, 44-555 Deep Canyon Road, stated that he has lived directly north of the subject property for the past 16 years, and indicated that he would like to maintain the residential uses in the area. He commented that a business of this size will have a negative impact on his property as well as the rest of the neighborhood. He stated that he obtained 50 signatures of residents and homeowners . in the area expressing opposition to the proposed project. He � ..� 30 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 2004 � indicated that he obtained from the City's Redevelopment Agency a commercial inventory list of available vacant commercial property in Palm Desert and noted that there is currently in excess of 450,000 square feet of vacant property, and in excess of 70 acres of vacant land currently zoned for commercial and office professional uses that could be developed, so he didn't understand why these two properties next to his house should be converted to office uses. MR. DAVID LYNCH, 44-419 Canyon Court in Hidden Palms, stated that last year the residents requested a traffic study on Deep Canyon to consider either a signal or stop sign, but the residents never received a response and assumed the City decided there was insufficient traffic. He noted that the bulk of the traffic on Deep Canyon is between Highway 111 and Fred Waring Drive, but there is not a great deal that travels south to connect with Magnesia Falls. He acknowledged that Magnesia Falls will be continued over to Monterrey, and noted two arterial stops installed where Deep Canyon merges into Magnesia Falls. He suggested that at the very least, if this proposal is approved, the applicant should be required to provide r,,,, an arterial stop or signal. MR. DAN MARGARITE, 44-615 San Onofre Drive, explained that he is a builder and engineer, and noted that the traffic on Deep Canyon has grown over the years to the point where there should definitely be a stop light at Hidden Palms. He expressed opposition to non- residential use of the subject property. He noted that are already problems in the neighborhood with the parking of commercial vehicles on the streets. He was also concerned about what would happen on the south side of Ramona. MR. JOE LENS, 44-595 San Onofre Drive, stated that he built his house in 1964 when there were only two other houses in existence. He indicated there is no reason to cut across Ramona. He noted that there have been a number of zoning changes along Deep Canyon, and expressed opposition to the proposed project. MS. MARY MORRISON, 44-535 San Onofre Drive, stated that she would have signed the petition in opposition had she been available when it was circulated. She objected strenuously to any business use of the subject property and opined that the proposed building is ugly. r. 31 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20. 2004 r arr She noted that many students walk through the area on their way to school, and additional traffic would create problems for pedestrians. MR. GARY GOODSWORD,44-755 Deep Canyon, stated that he lives in an area that has already been rezoned, and at that time it was proposed, he went along with it to appease neighbors, and the changes which have transpired have been very well done, and the two residences that were converted to offices blend in nicely. He resented the City telling him that he is living in a home that should not be in its present location. He commented that a traffic study should be done on Deep Canyon at Alessandro, Highway 111 and the two access points for the Albertson's parking lot. MS. BETTY FILE, 44-269 Corfu Court in Hidden Palms, objected to the proposed non-residential uses which will destroy the nice neighborhoods. MS. ARLENE FINGER, 279 Corfu Court in Hidden Palms, believed that the proposal will have a negative impact on the area. ; .� Mr. Fiero noted that Deep Canyon has been designated as a secondary for years and is designed to accommodate 20,000 daily vehicle trips. He commented that the number of cars on Deep Canyon today and in the long-term doesn't change when one crosses Ramona, and the street is designed for 20,000 cars regardless of whether one is on the south side or the north side. His office has had as few as two employees and at the most 13, and there are currently eight employees, and the office does not generate a lot of traffic, so the comparison of this project to the Sunlife building is not appropriate. He explained that his engineering firm will be the only business occupying the entire site, and no space will be leased or sold to other businesses. He noted that the business hours are 8:00 a.m. to 4:00 p.m., and the employees work inside on computers, so the business will be a good quiet neighbor. Mr. Feiro acknowledged that there is vacant office space available for lease, but not many that have this much square footage within a building designed to accommodate a single tenant, which is why he wants to construct his own building. He stated that the architectural design is in keeping with much of the rest of the community, and .ri 32 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20, 2004 ■. noted that the ARC unanimously approved the design without comment. Chairperson Campbell cfosed the public hearing and asked for comments from the Commission. Commissioner Finerty indicated that she favors protecting the integrity of residential neighborhoods, and in so doing, office professional uses do not fit. She believed it would be unfair to inconvenience and disappoint the neighbors just to accommodate one business owner. Chairperson Campbell acknowledged the traffic problem on Deep Canyon at Alessandro, and suggested that the Office Professional designation be extended no further than Ramona, and let the other two lots in question and the remaining lots be left alone. Commissioner Jonathan believed from a planning standpoint that an office use serves as a good transition from a busy street to a residential `.,, neighborhood, but felt that it is not appropriate for this particular area because the residents are not supportive, and he believed the Commission's greater responsibility is to the needs and wishes of the neighborhood. He agreed with the idea of extending the Office Professional zone, but no further than Ramona. Commissioner Lopez agreed that the Office Professional designation should be extended no further than Ramona. Action: It was moved by Commissioner Finerty, seconded by Commissioner Jonathan, to direct staff to report back with a resolution denying PP 03-05 and to report back with a resolution which extends the Office Professional designation along Deep Canyon to include the area south of Ramona Motion carried 5-0. Commissioner Finerty, moved, seconded by Commissioner Jonathan, to recommend by minute motion, modification of the recommendation regarding the draft General Plan to include redesignation of area along Deep Canyon north of Ramona to Office Professional. Motion carried 5-0. � 33 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 20 2004 � � r.ri IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES (No meeting) B. LANDSCAPE COMMITTEE (No meeting) C. PROJECT AREA 4 COMMITTEE (No meeting) XI. COMMENTS None. XII. ADJOURNMENT Action: It was moved by Commissioner Finerty, seconded by Chairperson Campbell, � to adjourn the meeting. Motion carried 5-0. The time was 9:52 p.m. „� _..�---�---�, . Phil Drell, Sec tary ATTEST: i '' � ��u--L.�` 2� L,�z„`��1--�'�� Sonia Campbell, Chairperson Palm Desert Planning Commission /kc � � � 34