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HomeMy WebLinkAbout1005 MINUTES PALM DESERT PLANNING COMMISSION b"" - TUESDAY - OCTOBER 5, 2004 6:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE I. CALL TO ORDER Chairperson Jonathan called the meeting to order at 6:00 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Tschopp led in the pledge of allegiance. III. ROLL CALL Members Present: Sabby Jonathan, Chairperson Dave Tschopp, Vice Chairperson Sonia Campbell %Now Cindy Finerty Jim Lopez Members Absent: None Staff Present: Phil Drell, Director of Community Development Bob Hargreaves, City Attorney Jeff Winklepleck, Parks& Recreation Planning Manager Tony Bagato, Assistant Planner Ryan Stendell, Planning Tech. Phil Joy, Associate Transportation Engineer Tonya Monroe, Administrative Secretary IV. APPROVAL OF MINUTES: Request for consideration of the September 21 , 2004 meeting minutes. Action: It was moved by Commissioner Campbell, seconded by Commissioner Finerty, approving the September 21 , 2004 meeting minutes as submitted. Motion carried 5-0. MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 5, 2004 s V. SUMMARY OF COUNCIL ACTION Mr. Drell summarized pertinent September 23, 2004 City Council actions. VI. ORAL COMMUNICATIONS None. VII. CONSENT CALENDAR None. 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. ..rt A. Case No. TPM 32640 - ENJOY DEVELOPMENT, Applicant Request for approval of a tentative parcel map to subdivide an 8.3-acre parcel containing four commercial buildings and a parking lot into five lots for financing purposes. The property is located at the southeast corner of Fred Waring Drive and Town Center Way. Chairperson Jonathan noted that the staff report indicated that a continuance was being requested and asked if there was a staff report. Mr. Drell said no, but advised that the public hearing needed to be opened. Chairperson Jonathan opened the public hearing and asked if anyone wished to address the commission regarding this matter. There was no one. Chairperson Jonathan asked for a motion of continuance. r 2 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 5, 2004 Action: It was moved by Commissioner Lopez, seconded by Commissioner Finerty, by minute motion, continuing Case No. TPM 32640 to November 16, 2004. Motion carried 5-0. B. Case No. PP 04-24 - BERNARD DeBONNE, Applicant Request for a recommendation to City Council of approval of a precise plan of design to allow the construction of a two-story 17,061 square foot general and medical office building located on the west side of Village Court, known as 44-851 Village Court and more particularly as APN 625- 100-051 and 625-100-052. Mr. Bagato outlined the salient points of the staff report and recommended approval. Chairperson Jonathan asked about the shade tree requirement. The staff report indicated that the ordinance requires one shade tree for every three parking spaces and that shade structures may be constructed in lieu of shade trees. Staff took that to mean that the shade structure can actually replace or be substituted for the number of shaded spaces. It implied to him that because there is a shade structure over 22 spaces, then there are 22 other parking spaces that don't have to have the one tree per three parking spaces requirement. Mr. Bagato explained that the way the code was worded, someone could use a shade structure in lieu of. There is covered parking along the back of the project. Staff recommended some changes and the landscape plan included in the commission packets reflected those changes. According to staff, the proposed project met the requirement. Mr. Drell said they might want to change one thing. Theoretically that one tree is shading a space and a half. When they came up with an ordinance that incorporated shade structures into the overall shade requirement, the ratio was one to one when the reality of the goal of that tree is to shade more than one space. There is a secondary issue of distribution. They wouldn't approve a landscape plan so that all the trees lined up in one part of the project and left the rest bare. Chairperson 3 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 5, 2004 ti Jonathan said that was his point with the shade structure. It wasn't his intent when they reviewed the shading ordinance to bunch covered spaces and as a result eliminate other shading. Mr. Drell said that based on that theory and bunching all the shade under a shade structure didn't relieve a project of the obligation of providing shade within the rest of the parking lot. Chairperson Jonathan agreed. Mr. Bagato showed both the previous plan and the revised plan which provided extra shade. It was noted that the parking spaces shown to the south without trees were actually not part of the proposed project, it was part of the project to the south. Chairperson Jonathan explained that his interpretation of the shading requirement is regardless of whether there is a shade structure utilized in a portion of a parking lot or not, the requirement to have the shading for every three spots still exists for the rest of the parking lot. Mr. Bagato said that was correct. Along the back where all the covered parking was being provided, they were still being required to provide landscaping, so there was a landscape planter that would have shrubs and ground cover. The area where staff was concerned, they went back and had the .r applicant add additional landscaping. It was noted that just the spaces directly adjacent to the building that were part of this application weren't quite at the 1 per 3, but there are more trees than there were before. Chairperson Jonathan asked how difficult it would be to get 1 per 3. Mr. Bagato replied that was something the architect could answer as to whether it would interfere with the building design. There were no further questions and Chairperson Jonathan opened the public hearing and asked the applicant to address the commission. MR. DAVID PREST, Prest Vuksic Architects at 44-530 San Pablo, addressed the commission. He didn't think there was a problem with adding trees as long as they didn't lose any parking spaces. That was the key thing. They also didn't want to hide the building, but they did want to shade the parking spaces. He said they had even come up with another plan that provides for more trees. Chairperson Jonathan asked if they could leave it with the applicant being willing to work with staff to maximize the shade, subject to aesthetic requirements, and if they could trust everybody to do that. 4 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 5, 2004 bow Mr. Prest said yes. Chairperson Jonathan asked if there were any questions for the applicant. There were none. Chairperson Jonathan asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed project. There was no one and the public hearing was closed. Chairperson Jonathan asked for commission comments. Commissioner Campbell moved for approval. Commissioner Finerty seconded the motion. Commissioner Tschopp commented that it was a nice looking building and would fit in very well. Chairperson Jonathan concurred and reiterated that the applicant should work with staff to maximize the shading of all parking spaces, subject to aesthetic requirements. He complimented Prest Vuksic on maintaining their usual standard of excellence. Action: It was moved by Commissioner Campbell, seconded by Commissioner taw Finerty, approving the findings as presented by staff. Motion carried 5-0. It was moved by Commissioner Campbell, seconded by Commissioner Finerty, adopting Planning Commission Resolution No. 2296, recommending to City Council approval of Case No. PP 04-24, subject to conditions. Motion carried 5-0. C. Case No. CUP 04-18 - RUTHERFORD REAL ESTATE, INC., Applicant Request for approval of a conditional use permit to allow general office use in an existing 4,800 square foot building (previously Wallaroo Kids Learning Center) at 44-911 Cabrillo Avenue in the R-3(4) zone. Mr. Winklepleck outlined the salient points of the staff report. He recommended approval of the project, subject to the addition of Public Works conditions which had been distributed to commission just prior to the meeting. Mr. Drell indicated that the significant condition would be Condition No. 7 which would require that space number 20 on the plan, 5 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 5, 2004 the end space, would have to be turned into a shortened space so people couldn't park there and people would be able to do a turnaround. With the six additional parking spaces added, they would still have enough to meet the requirement. Another condition was the construction of a sidewalk. He asked if there is sidewalk anywhere else in the area. Mr. Winklepleck replied that there is sidewalk along Alessandro, but not along Cabrillo right now. That was something they could work with Public Works on. Chairperson Jonathan reiterated that the current condition required it on Cabrillo, but they were saying that the rest of Cabrillo didn't have sidewalk. Mr. Winklepleck concurred. Chairperson Jonathan asked if he was suggesting that they modify that condition or simply leave it in there. Mr. Winklepleck asked Mr. Drell if the applicant could put a deposit down for if and when Cabrillo gets a sidewalk program. Mr. Joy explained that Public Works' concern is the need for sidewalk around the intersection. It wasn't so much up and down Cabrillo Avenue, but because at the intersection and that is why they want a sidewalk, to keep people off the street. Mr. Drell said that since this is at the corner, .r1 if there was a place to start sidewalks, this was it. Mr. Winklepleck said that there currently is a handicap ramp at the corner that terminates at that point. Chairperson Jonathan agreed that it would make sense to have the sidewalk there. Commissioner Tschopp asked if the turnaround would take one or two spaces. Mr. Drell said one. Mr. Winklepleck agreed that it would take one, although there might be some maneuvering room they could do and have a hammerhead situation, and they would work with Public Works, but as Mr. Drell indicated earlier, they are providing additional spaces. Mr. Drell said that at worse they would lose one space. Commissioner Lopez asked for and received confirmation that the Public Works conditions dated October 4 were to be added to the resolution. Mr. Drell said that while they were at it, they should also add a condition for the Fire Department that the conversion to an office shall comply with all fire code requirements as determined by the Fire Marshal. Chairperson Jonathan indicated that provision would cover overhead sprinklers if there weren't any. Mr. Drell noted that this building was built in 1982 or so and there might be some upgrading that needs to be done. Chairperson 6 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 5, 2004 6W Jonathan asked if that condition would be added under the Department of Community Development. Mr. Drell said yes. Chairperson Jonathan asked if the Fire Department was comfortable that end space would be sufficient if it is dedicated to a turnaround for the required radius. MR. DAVID AVILA, the Fire Marshal, addressed the commission. He said he didn't know, he would have to look at the plan, but they would work with it. He thanked Mr. Drell for giving them the opportunity to add that condition. Mr. Drell noted that this is an existing facility that has been operating for over 25 years. Chairperson Jonathan said that in its favor, the building itself is accessible from both Alessandro and Cabrillo, so access into the deep end of the parking lot would get them further away from the building. Mr. Avila didn't anticipate any problems. Mr. Drell was correct that there might be some changes from an E occupancy to a B occupancy in the interior. Walls might be moved, sprinklers be added and there might be some code updating, but the changes should be relatively minimal and the applicant should be well aware of them. Mr. Avila quickly reviewed the plan and said that it all looked fine on the exterior. Chairperson Jonathan opened the public hearing and asked the applicant to address the commission. MR. TED RUTHERFORD addressed the commission and said he had no problem with anything that had been suggested. He wasn't sure what a hammerhead in the parking was, but that parking lot was extremely wide already, literally so wide he was thinking he could put 20 parking spots on each side and he only missed that by three or four feet. It is very wide. He thought it was an old existing lot with a building and someone bought it and tore the building down and used it for parking for this building. So on the plan where it said existing parking, it is a wide lot. 7 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 5, 2004 ' He had no problem with the sidewalk and no problem with the shade trees. Sprinklers were a new thing that just came up that he hadn't heard about earlier. It was very expensive to sprinkle a 4,800 square foot building, but if he had to do it, he didn't have a choice. Commissioner Lopez asked if this would be his office. Mr. Rutherford said yes. Chairperson Jonathan thought the building might already be sprinklered. Mr. Rutherford said he wasn't sure. Mr. Drell said it might have been built before the sprinkler requirement. Mr. Rutherford noted that a major modification was done a few years ago, so he was hoping it may have been done already. ■o Chairperson Jonathan explained that it was a pretty standard requirement when converting to office, so they would want that. Mr. Rutherford concurred. Commissioner Campbell asked if there would be any changes made to the outside or if he planned to leave it looking like a little school house. Mr. Rutherford said that everyone was asking him if he was going to paint the roof. He said it looks better now compared to when they first did it and the outside wall that runs along the curb, he believed they had used it as a wall to keep privacy to the children that were playing inside. He was going to take that back down to a much lower level. Other than that, there wouldn't be many changes to the outside at this time. He had to put some new doors in, but didn't plan a lot of changes. Commissioner Campbell asked if he was leaving it the existing color or 5 if he was going to change it to a neutral color. 8 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 5, 2004 tow Mr. Rutherford said he didn't see changing the roof. He liked the roof, it made the building stand out. The rest of the building definitely needed to be painted. He noted that the City has a painting ordinance and he would have to get approval when he painted it and it would be a neutral color. Chairperson Jonathan asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed project. There was no one and the public hearing was closed. Chairperson Jonathan asked for commission comments. Commissioner Finerty stated that she would move for approval, adding the Public Works conditions and adding the condition to the Planning Department conditions citing that the conversion must meet all fire codes. Commissioner Tschopp seconded the motion. Action: It was moved by Commissioner Finerty, seconded by Commissioner �.. Tschopp, approving the findings as presented by staff. Motion carried 5- 0. It was moved by Commissioner Finerty, seconded by Commissioner Tschopp, adopting Planning Commission Resolution No. 2297, approving Case No. CUP 04-18, subject to conditions as amended. Motion carried 5-0. IX. MISCELLANEOUS A. REQUEST FOR DETERMINATION OF USE NOT LISTED Request for a determination that outdoor sales of arts, crafts, clothing, goods, wares and other merchandise would be a conditional use under the Service Industrial zone; and initiation of a zoning ordinance amendment to allow the outdoor sales of arts, crafts, clothing, goods, wares and other merchandise as a conditional use of the Service industrial zone. 9 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 5, 2004 i Mr. Stendell outlined the salient points of the staff report, noting that the issue was raised because the Art Place on Corporate Way was asking the City to process a CUP that would allow them to display artwork, but it wasn't listed as a conditional use under the Service Industrial zone. Staff was requesting the commission to determine if this was appropriate as a conditional use, and if so, to initiate a zoning ordinance amendment. If they did, staff would return with a formal conditional use permit request from Mr. Rutherford and the Art Place and a zoning ordinance amendment. Commissioner Campbell noted that in the commercial district, somewhere like El Paseo, someone that wanted to sell something on the sidewalk could get a permit and it was for a certain length of time. Mr. Stendell explained that was a temporary use permit which would allow for sidewalk sales. That was different. There is a provision in the commercial zone that allows for the permanent sale of outdoor uses. Anyone within the commercial zone could apply for a permit. Whether or not that would be approved would be another matter. The commission would review every one of them. It wasn't just an over-the-counter right. Mr. Drell said that the presumption was, if they were to approve this, the merchandise being sold made sense to be sold outside, like art or flowers, something that is normally outside. And that the location where it would be displayed makes sense. They would never allow on a permanent basis anyone to sell things on the sidewalk, but if there is a courtyard or something in a location that makes sense for outdoor display, that would be the criteria they would use. Commissioner Campbell asked for confirmation that this would be in a parking lot location. Mr. Drell concurred. They would look at them on a case by case basis. Chairperson Jonathan noted that they didn't have a specific application before them, they were being asked to implement a CUP provision under the Service Industrial zone that would facilitate a request like the one from the Art Place. Right now there was no mechanism to request permission to do that. Mr. Drell concurred. They were using the Certificate of Use to allow them to apply soon and then in the meantime staff would process an ordinance amendment that would specifically add the provision so they didn't have to do this every time in this particular zone. i 3 10 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 5, 2004 Commissioner Tschopp noted that if they granted a conditional use for the purposes of displaying objects such as art and plants that should be outside. And then if it expands beyond that, he asked if they had the ability to go in and stop them. The reason he asked is because he didn't consider clothing art or outdoor plants. Mr. Drell agreed, but used golf carts as an example, or outdoor furniture. He remembered there being only one other application; Commissioner Finerty noted that it was a clothing rack at Albertson's. Mr. Drell recalled that it was denied. Commissioner Tschopp asked if they granted something and it was then used beyond the scope of the permit, if they could stop it. Mr. Drell said they could revoke the permit. As part of the activity of the approval, they should specify what could be sold outside or displayed outside. Mr. Rutherford spoke from the audience and said that the Art Place had art on easels and sculptures. Commissioner Tschopp noted that the amendment wording would allow `. the outdoor sales of arts, crafts, clothing, goods, etc. He asked if that conditional use would be tightened up for each applicant so they didn't expand beyond the intent. Mr. Drell explained that College of the Desert Street Fair did have a conditional use permit. This provision was created originally for the College of the Desert. Other businesses asked why they were allowed the chance to do this and they themselves weren't, so it was added in every other zone. But again, in reviewing this, the commission had the ability to determine whether the location is appropriate for the display of whatever they were displaying and selling. If the decision is that the location is only appropriate for art, then they could only sell art and not clothing. He said clothing was put in there because they sell clothing at the College of the Desert Street Fair. Commissioner Campbell noted that originally they were only supposed to have arts and crafts, local foods, etc. Now it is everything. Commissioner Tschopp said that led to his next question. If they approve something like this on a permanent basis and then down the road it decreases to a lower level then they would like to see, he asked if there were ways to then revoke it and/or go in and modify this. Mr. Drell said that was why it was important to specify when they approve a conditional use what the terms and characteristics of the use are. They 11 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 5, 2004 would specify if the application is for art and that is what they would approve. The same would be for furniture or spas or golf carts. Chairperson Jonathan said that when they grant a conditional use permit, it is not as broad as the ordinance. Mr. Drell concurred. Chairperson Jonathan said the ordinance is all inclusive, but if a specific applicant comes before them and they are allowed only to display art and only on certain days or certain hours or certain locations, etc. Commissioner Campbell thought clothing should be eliminated. Chairperson Jonathan disagreed. In the Service Industrial zone on Sheryl there is a golf outlet and they display some of their shirts on hangers, shoes, etc., outside of their warehouse. It wasn't at all visible to the public, so he could see situations where they might or might not allow it in the Service Industrial zone. Commissioner Campbell indicated that it was really inside the building if it couldn't be seen outside. They didn't have racks outside on the sidewalk or in the parking lot. Chairperson Jonathan said they do. Commissioner Campbell asked if they had a conditional use permit. It wasn't known. Chairperson Jonathan said he could see situations where they might want to give someone that ability. Commissioner Campbell said the Art Place is beautiful the way it is now and if they just displayed the things they display now, it would probably be fine, without bringing in clothing. She didn't think any clothing should be allowed. Commissioner Tschopp thought that if they looked at it on an applicant by applicant basis for the service industrial area and if they can limit and modify and have enforcement of it, it might be fine to go ahead and approve the broader code and then use the discretion of the commission and council to make sure it works properly. Chairperson Jonathan agreed. Mr. Drell summarized the requested action. Action: It was moved by Commissioner Finerty, seconded by Commissioner Campbell, by minute motion, determining that outdoor sales of arts, crafts, clothing, good, wares and other merchandise would be a conditional use under the Service Industrial zone. Motion carried 5-0. It was moved by Commissioner Finerty, seconded by Commissioner Campbell, by minute motion, directing staff to initiate a zoning ordinance amendment to allow the outdoor sales of arts, crafts, clothing, goods, 12 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 5, 2004 wares and other merchandise as a conditional use of the Service Industrial zone. Motion carried 5-0. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner Campbell reported that there was no meeting. B. LANDSCAPE COMMITTEE Commissioner Finerty informed commission that the next meeting would be October 6, 2004. C. PROJECT AREA 4 COMMITTEE Commissioner Finerty said that the next meeting would be October 18, 2004. XI. COMMENTS Chairperson Jonathan noted that they were still waiting for the parking clarification. Mr. Drell said it was scheduled for October 19, 2004. He indicated they were also cleaning up some other language. There was a small provision for parking standards for warehouses that aren't used for warehouses, so they were dealing with some other things at the same time. Chairperson Jonathan thought that was a good thing. XII. ADJOURNMENT It was moved by Chairperson Jonathan, seconded by Commissioner Campbell, adjourning the meeting by minute motion. Motion carried 5-0. The meeting was adjourned at 6:40 p.m. PHIL DRELL, Sec etary ATTE T. t 1 SABBY JO THAN, Chairperson Palm Desert P nning Commission /tm 13