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HomeMy WebLinkAbout0620 MINUTES PALM DESERT PLANNING COMMISSION TUESDAY - JUNE 20, 2006 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Chairperson Lopez called the meeting to order at 6:01 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Tanner led in the pledge of allegiance. III. ROLL CALL Members Present: Jim Lopez, Chair Sonia Campbell (arrived at 6:03 p.m.) Van Tanner Dave Tschopp �. Members Absent: Cindy Finerty, Vice Chair Staff Present: Phil Drell, Director of Community Development Bob Hargreaves, City Attorney Francisco Urbina, Associate Planner Ryan Stendell, Assistant Planner Phil Joy, Associate Transportation Planner Tonya Monroe, Administrative Secretary IV. APPROVAL OF MINUTES Request for consideration of the June 6, 2006 meeting minutes. Action: It was moved by Commissioner Tanner, seconded by Commissioner Tschopp, approving the June 6, 2006 meeting minutes. Motion carried 3-0 (Commissioners Campbell and Finerty absent). V. SUMMARY OF COUNCIL ACTION Mr. Drell summarized pertinent June 8, 2006 City Council actions. (Commissioner Campbell arrived at this time.) MINUTES PALM DESERT PLANNING COMMISSION JUNE 20, 2006 ur VI. ORAL COMMUNICATIONS None. VII. CONSENT CALENDAR A. Case No. CUP 99-7 -TEMPLE SINAI, Applicant Request for approval of a second one-year time extension for the unbuilt portion of the CUP 99-7 approval which allowed a 1 ,000 sq. ft. addition and remodel of an existing church, construction of a 12,500 square foot religious school facility and the remodel and conversion of a 6,400 square foot building into a permanent structure located at 73-251 Hovley Lane West. Chairperson Lopez corrected the description of the project location and asked for Commission action. Action: It was moved by Commissioner Campbell, seconded by Commissioner r+ Tschopp, approving the Consent Calendar by minute motion. Motion carried 4-0 (Commissioner Finerty was absent). Vill. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he, she or someone else raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. A. Case No. PP/HPD 06-08 - GUY DREIER DESIGNS / HABITAT ARCHITECTURE, Applicant Request for a recommendation of approval to City Council of a precise plan of design to allow an 11,776 square foot single family home within the Hillside Planned Residential zone located at 642 Pinnacle Crest within the Canyons at Bighorn. .r 2 MINUTES PALM DESERT PLANNING COMMISSION JUNE 20, 2006 Mr. Stendell reviewed the staff report and recommended that Planning Commission recommend to City Council approval of the project. Referring to the plans, Commissioner Campbell noted there was a pool and asked if it was a cascading pool. Mr. Stendell thought it was an infinity edge pool. There were no other questions for staff. Chairperson Lopez opened the public hearing and asked the applicant to address the Commission. MR. STEVE PLATT with Guy Dreier Designs, 82-410 Cordova Drive in Indio, said he was present to answer any questions. Commissioner Campbell asked if the pool shown on the plan was a cascading pool. Mr. Platt confirmed that it was an infinity edge pool. Commissioner Campbell complimented him on the nice architecture. .,.. Chairperson Lopez asked if anyone wished to speak in FAVOR or OPPOSITION of the proposed project. There was no one and the public hearing was closed. Commissioner Campbell moved for approval. She said she loved the architecture and everything about the home. Commissioner Tschopp concurred and seconded the motion. Action: It was moved by Commissioner Campbell, seconded by Commissioner Tschopp, approving the findings as presented by staff. Motion carried 4-0 (Commissioner Finerty was absent). It was moved by Commissioner Campbell, seconded by Commissioner Tschopp, adopting Planning Commission Resolution No. 2400, recommending to City Council approval of Case No. PP/HPD 06-08, subject to conditions. Motion carried 4-0 (Commissioner Finerty was absent). %NM 3 MINUTES PALM DESERT PLANNING COMMISSION JUNE 20. 2006 we B. Case No. CUP 06-07 - DAVID O. FERNANDEZ, Applicant Request for approval of a conditional use permit to operate an internet cafe with 40 computers and personal computer repair business within an existing 1,150 square foot commercial suite located at 72-695 Highway 111, Suite A2. Mr. Urbina reviewed the staff report. He indicated that a letter was received by fax from an adjacent property owner who own's part of the Von's center known as Palms to Pines Central which goes from about McDonald's eastward to Kinko's. That property owner, Mr. Scarcello, was fearful that the proposed business would attract loitering, graffiti and trash, and that clients to the internet cafe would not generate revenue for the Palms to Pines Center. He indicated that the applicant, Mr. David Fernandez, was present and was prepared to make a rebuttal of the points raised in Mr. Scarcello's letter. Mr. Urbina recommended approval of the project, subject to conditions. Commissioner Tschopp noted that other internet cafes have been approved in the past. One was near Cad's Jr. on Highway 111. Mr. Urbina said that was Wired Gamez. Commissioner Tschopp asked if Mr. Urbina was aware .rr of any problems at that site with crime, loitering, trash, etc. Mr. Urbina wasn't aware of any. Mr. Drell thought their biggest problem was they didn't make enough money and went out of business. He was unaware of any problems. Chairperson Lopez asked for clarification as to why staff believed the hours of operation should be until midnight since their busiest times were until 10:00 p.m. Mr. Urbina said that was the request by the applicant who perhaps could address that issue in more detail. Mr. Drell said that other customers might want to use it later and staffs issue was if it would cause a problem for anyone if it was open later. He didn't believe there would be a problem. There was no evidence to come to that conclusion. There were no other questions for staff and Chairperson Lopez opened the public hearing and asked the applicant to address the Commission. MR. DAVID O. FERNANDEZ, 79-867 Dandelion Drive in La Quinta, California, came forward and distributed copies of recommendations which he said were from previous landlords and surrounding business owners at his current location. He said that Mr. Urbina already received a clean police report from the City of Cathedral City. wo 4 MINUTES PALM DESERT PLANNING COMMISSION JUNE 20, 2906 law (It was noted that the police report was not included with the staff report.) Regarding the complaint letter from Mr. Scarcello, Mr. Fernandez said the parking was already addressed by Mr. Urbina. He said that in any given situation there were sufficient offstreet parking spaces to accommodate Net-Jam and future business in nearby vacant commercial suites. In addition, most of their Net-Jam customers would be dropped off during their busiest hours or perhaps would ride bicycles. They had a bike rack from his other location. The letter said that the typical customer would not guarantee revenue for the rest of the center and was, therefore, not beneficial to the center. Mr. Fernandez pointed out that Net-Jam attracts customers of all ages, including parents, grandparents and tourists. Many of the Net-Jam customers would visit surrounding businesses such as McDonald's, Arby's and Kinko's and Von's. Historically, their typical customer would visit the surrounding area due to convenience. Another concern by Mr. Scarcello was graffiti. Mr. Fernandez stated that Net-Jam itself has never caused instances of graffiti in either location they've occupied. Customers enter their center to use their computers and leave when their time has expired. They rarely have anyone stay afterward. And it was a little hot outside, so customers usually wait inside their facility. As soon as they get the call from their parents, usually by cell phone, they go out and leave. They had never had any problem with graffiti. The letters he submitted from surrounding business owners had phone numbers they could use to call and verify. Mr. Scarcello's letter also said that their use has historically generated more instances of misdemeanor crime and vandalism in shopping centers they occupy. Mr. Fernandez stated that Net-Jam has never caused any instances of crime or attracted any, or vandalism, in either location they've occupied. Once again, customers enter and use their computers and leave after their time has expired. Loitering was also mentioned. Mr. Fernandez stated that the rules that Net-Jam posted and enforced included no loitering inside or outside the center. The rules were posted above the front counter where customers could see it. When each new customer visits Net-Jam, they are asked to read the rules. If a customer is waiting for a ride, they usually wait inside until they are picked up. In addition, they 5 MINUTES PALM DESERT PLANNING COMMISSION JUNE 20, 2006 .r provide the use of the Net-Jam phone if customers need to make a call. He said this was all by past experience. Another concern listed was trash. Mr. Fernandez stated that Net-Jam provided trash cans in the front and back of the center, including recycle bins for bottles and cans. The center's trash bin was also located 20 feet away from the storefront, so they could easily take trash out and throw it away. It was much closer then more centers have offered in the past. All Net-Jam employees were instructed to regularly check for garbage and debris within Net-Jam, as well as in front of Net-Jam. All garbage was picked up and placed within the trash bin. A clean business attracts customers and they would keep Net-Jam clean at all times. The last point listed was that the generation of noise and loitering would likely deter some customers from frequenting the rest of the shopping center. Mr. Fernandez stated that Net-Jam's computer systems were equipped with headphones which generate little or no noise. Net-Jam customers would enter the facility and use the computers just like anyone else, whether they type a resume, check E-mail or play a game, they would all sit and use the equipment. .r Mr. Fernandez stated that the purpose of Net-Jam was to provide a safe place for people to use the computer. They run their business based on family values and common sense, which was why they were still in business today. They pride themselves on the business they built, which was based on their family values. Several letters of recommendation from parents and current customers were also provided. It was their intent to enforce the rules and run Net-Jam in accordance with City of Palm Desert rules. He asked for approval of the conditional use permit based on their business, not others. Commissioner Tanner stated that he had one question and one comment. He asked Mr. Fernandez if he was moving the current location and closing that operation. Mr. Fernandez said that was correct. Commissioner Tanner asked why. Mr. Fernandez explained that they moved here a year ago and it was their intention to relocate their business from point A to point B. rr 6 MINUTES PALM DESERT PLANNING COMMISSION JUNE 20, 2006 Moving out here, they were unaware of certain areas here in the desert which wouldn't be suitable for their type of business. When they moved into their location, the landlord didn't make it clear to them that there was a bar located directly above them. For that reason, they hadn't been able to conduct repeat business. They have over 200 members already, half which were from Palm Desert, and most of them would not come back. Other than the fact that it was also collapsing overhead from leaks due to a summertime mist system on the patio, that was mainly the reason why. Commissioner Tanner commented that not only would it attract his repeat users, it was also very conducive for use by students at the College of the Desert. The college facilities were minimal and he for one would like him to come in and stay. Mr. Fernandez indicated that if he received approval, he was going to be signing a five-year lease with an additional five-year option. This company right now was feeding his wife and kids and allowing them to remain in the desert. With the addition of computer repair, and he has ten years experience working for an aerospace company and his father worked for CBS Channel 2 as an IT manager for 28 years, they have a very professional and accommodating setup. Chairperson Lopez asked Mr. Fernandez to elaborate on his customer profile and his target market. Mr. Fernandez said that during the week, they get a lot of fathers. Fathers with sales positions checking their e-mails. People who want to print boarding passes. Tourists have to print their boarding passes, so they'll come in for five to ten minutes to avoid waiting in line. During the week the majority of his customers were between 25 and 40 years old. On the weekends, a great deal of their customers are the younger crowd. They pride themselves that parents feel very comfortable leaving their kids with them. He sits up front and sees everything going in and out. He could view anything anyone was looking on at any computer in the area. They also had pop up blockers, anti spyware, people couldn't view porn or anything like that, they have it on lockdown so that someone's grandparents could come in and see that it's nice. He said they keep a clean operation and everybody's okay with that. After four years, he has letters of recommendation from parents and from nearby businesses who even drop off their kids. He has a customer from Simi Valley who has a vacation spot 7 MINUTES PALM DESERT PLANNING COMMISSION JUNE 29. 2Q06 No here and they drop off their child for a couple of hours on the weekends. Chairperson Lopez noted that in the letters of recommendation there were references to membership. He asked if Mr. Fernandez sold memberships. Mr. Fernandez said yes. They charge an hourly rate of$4.00 per hour presently and that gave someone a day to use that hour. If someone logs off, they can come back. That's another reason to be open later so they can come back and use the rest of their time. They sell memberships that basically lowered the rate from $4.00/hour to $3.00/hour and the time could be saved instead of using it up in a day. Chairperson Lopez asked if anyone wished to speak in FAVOR. He noted that he had two request to speak cards and asked Mr. Fred Hoover to step forward. MR. FRED HOOVER, 49-240 JFK Trail in Palm Desert, addressed the Commission. He informed Commission that he has known the applicant's father for the past 10 years. He came to Ironwood about .r the same time and played a lot of tennis with him. He also learned how to use a computer from him. More recently he traveled to Pakistan up into the earthquake area in Cashmere to visit Kabul, Afghanistan and Dubai. His son is a professional photographer and he took over 1,000 pictures. He made that into a group of 600 plus pictures and with the help of David and Net-Jam he was able to put together a one-hour presentation he has shown to five different groups here in the valley. Many people thought it was a great presentation. They learned a lot about these countries where terrorism is a big problem. Probably the biggest threat to this country is not Iraq, but Afghanistan and Pakistan where two of the most dangerous people have ever done terrorist acts against our country are located. He said he tells that story with pictures and it was all due to the great help he had putting this together by David. When the show ends, it shows that Net-Jam is the one who produced the program and he was very proud of that. He said David is a very professional guy and if anyone ever wanted to get their computer repaired or if they wanted assistance on how to do things on the computer, he was the guy. Chairperson Lopez invited Mr. Ricardo Fernandez to speak. .r 8 MINUTES PALM DESERT PLANNING COMMISSION JUNE 20, 2006 low MR. RICARDO FERNANDEZ, 35791 Beringer Road in Palm Desert, came forward and said he has worked in the computer business 28 years. When he retired, he got involved in the implementation of Net- Jam; the one in Simi Valley, Cathedral City and now Palm Desert. He said as a professional in the business, the corporation is excellent. The security and rules are very strict. On some occasions he works in the store since he is retired. He has had the opportunity to see the gamut of people going to the store. He has been learning German and a little bit of everything because there are a lot of tourists. He said his 17 year old grandson can type 110 wpm. He has been in the business a long time and he can tell when someone knows what they are doing. The new generation benefits a lot from this kind of business. He said Net-Jam sells internet to anyone who needs to use it. The most interesting thing was the different ages. Parents come with their kids to play the games. He said he would appreciate it if the Commission would let him go forward with this business. Chairperson Lopez asked if anyone else wished to speak in FAVOR. There was no one. Chairperson Lopez asked if anyone wished to speak in OPPOSITION. There was no one and the public hearing was closed. ... Chairperson Lopez asked for Commission comments or action. Commissioner Campbell didn't think the location was detrimental to the rest of the shopping center. It was detached mostly from the rest of it. She went to see the location and stopped at McDonald's for a hamburger and didn't believe anyone would lose business because of Net-Jam. As far as parking, the large parking areas to the east of McDonald's were almost always empty. They've never heard of any problems before with people who have had internet cafe businesses. She was impressed with the letters of recommendation and was happy to learn that there would be another location in Palm Desert for people to use computers and moved for approval. Commissioner Tschopp concurred. Staffs response to his question, as well as his own observations, was that Palm Desert's experience with internet cafes has been that there have been no problems. He thought they were very good places for kids to meet and were very convenient and useful when traveling. He thought it would work out fine in this center, that there was adequate parking, better circulation and access then at the other locations they had seen, and thought it would be a very good addition to the center. Commissioner Tanner agreed. 9 MINUTES PALM DESERT PLANNING COMMISSION JUNE 20, 2006 we Commissioner Tschopp seconded the motion. Chairperson Lopez also concurred. He thought it would be a nice addition to that particular area and said it was always nice to have tenants rather than vacant space. His only concern was the hours of operation and if staff was comfortable with it and they were told there haven't been any previous problems in Palm Desert, he would concur. He called for the vote. Action: It was moved by Commissioner Campbell, seconded by Commissioner Tschopp, approving the findings as presented by staff. Motion carried 4-0 (Commissioner Finerty was absent). It was moved by Commissioner Campbell, seconded by Commissioner Tschopp, adopting Planning Commission Resolution No. 2401, approving Case No. CUP 06-07, subject to conditions. Motion carried 4-0 (Commissioner Finerty was absent). C. Case Nos. PP 06-07, CUP 06-04 and TT 34597 - SERENITY OF PALM DESERT, LLC, Applicant ..r Request for approval of a precise plan of design and conditional use permit to construct a planned residential development consisting of six detached single-family homes and a tentative tract map to subdivide an 18,400 square foot site into six lots. The property is located at 45-900 Highway 74. Mr. Drell recommended that this case be considered concurrently with Miscellaneous Item A. IX. MISCELLANEOUS A. REQUEST FOR A DETERMINATION OF GENERAL PLAN CONSISTENCY FOR A STREET/PEDESTRIAN WAY VACATION OF A TEN-FOOT STRIP OF LAND BETWEEN THE HIGHWAY 74 FRONTAGE ROAD AND OCOTILLO DRIVE. Mr. Urbina reviewed the staff report for Case Nos. PP 06-07, CUP 06-04, and TT 34597, and recommended approval, subject to conditions. He then reviewed the request for the determination of consistency with the General Plan to initiate the proceedings to vacate the ten-foot wide pedestrian access �■r 10 MINUTES PALM DESERT PLANNING COMMISSION JUNE 29, 2006 known as Lot U between the Highway 74 Frontage Road and Ocotillo Drive. Mr. Drell recalled that these were originally designed as equestrian accesses under the County when people could keep horses on the east side of Highway 74 and people would be able to get up to the mountains with their horses. Right now there was no real purpose for a pedestrian to get from Ocotillo to Highway 74 because there was no where for them to go other then up and down. There was really no convenient place for anyone to cross Highway 74 anymore. That's why staff felt it no longer served a useful function, except as an attractive nuisance. Chairperson Lopez asked for any questions by the Commission. Commissioner Tschopp assumed that the lot was not deep enough to require any turnabout at the end of the lane. Mr. Urbina said it was less than 150 feet in length, so the Fire Department didn't require a turnaround at the end of the dead-end driveway. Given the size of vehicles today, Commissioner Tschopp asked if there was sufficient room between these units for someone to park two large cars or SUVs and turn. Mr. Urbina confirmed they were of sufficient width. The applicant revised the original site plan where it was proposing a nine-foot width. The current site plan has a width of 11 feet 1 r„ inch which complies with the offstreet parking standards and spaces when they might have a barrier on either side. As far as the depth, he believed they were approximately 20 feet in depth. Mr. Drell said they were equivalent to the same amount of space as a garage. Commissioner Tschopp asked if the alleyway or driveway was sufficient in between for someone to make that turn. Mr. Drell said yes, it was the same 24-feet found in any parking lot. Mr. Urbina noted that the plan showed a 25- foot driveway width, one foot more than the minimum. Chairperson Lopez asked if the vacated property became part of the proposed project or if it was split between. Mr. Drell confirmed that half would be part of the project; the other half would be offered to the other adjoining property owner. Commissioner Tanner asked who has been maintaining the property. Mr. Drell said no one. It had been no man's land, unfortunately. Regarding to the reference to parking on the Frontage Road, Chairperson Lopez asked if parking would be allowed on both sides. Mr. Urbina said yes. Chairperson Lopez asked how many cars that would accommodate. Mr. Urbina replied ten cars along the length of the project site. fa . 11 I MINUTES PALM DESERT PLANNING COMMISSION JUNE 20, 2006 no There were no other questions for staff and Chairperson Lopez o ened the public hearing for Case Nos. PP 06-07, CUP 06-04 and TT 34597 and asked the applicant to address the Commission. MR. MATHEW MOISEVE, 12133 Corte Napoli in San Diego, said he was the owner of the project and was present to answer any questions. Commissioner Tschopp asked if the two units facing Highway 74 were two "B" plans. Mr. Moiseve said there would be an "A" and a "B". Two different elevations of the same plan; a different ridge line. He clarified that it was the elevation with the balcony. The blank side was between Lots 2 and 5, the hidden side they were trying to dress up. There were no other questions. Chairperson Lopez asked if anyone wished to speak in FAVOR or OPPOSITION to the project. There was no one. Chairperson Lopez closed the public hearing and asked for Commission comments or action. ..r Commissioner Campbell recalled that there was a similar project on Shadow Mountain between Portola and San Luis Rey with garages in the middle. She thought they were very impressive and nice looking. She thought this would also be an asset to that area on Frontage Road and Highway 74. If they looked like the drawings or the other ones which were nice, she didn't think they would have any problems selling, renting or leasing them. She moved for approval. Commissioner Tschopp thought the minor height variation was just that and that the project would fit into the area very well and would spruce up that blank, bare area. Commissioner Tanner said his only concern was the question already asked. He referred to the elevation plans that showed no architectural detail. They wouldn't be visible to anyone but the neighbors. He asked if there were any plans to dress that up a little bit from a neighbor's standpoint. It reminded him of driving down Interstate 15 in Pomona where they just see white walls staring at them. He would not want to live anywhere where he was looking at a blank wall. He thought it was too stark. me 12 MINUTES PALM DESERT PLANNING COMMISSION JUNE 20, 2006 Chairperson Lopez reopened the public hearing to allow the applicant to address the concerns. Mr. Moiseve thought they had to look at it in relation to the site plan. The concern about the public seeing it, he didn't think that was going to happen. The people that live there, the two courtyards on Lot 5 and Lot 2 were the ones exposed to the blank wall. What people would actually see was half of the elevation. The part that could be seen, Architectural Review asked that it be enhanced and that was exactly what they were doing and showed a plan reflecting additional detail, so that one issue was being worked on. He asked for any other questions. There were no questions. Chairperson Lopez asked if anyone in the audience wished to speak. There was no one and the public hearing was closed. He noted that there was a motion on the floor and asked for any additional comments. With that explanation, Commissioner Tanner concurred and seconded the motion. Mr. Drell asked if that included the Miscellaneous Item for the General Plan consistency finding for the vacation. Commissioners Campbell and Tanner concurred. Action: It was moved by Commissioner Campbell, seconded by Commissioner Tanner, adopting the findings as presented by staff. Motion carried 4-0 (Commissioner Finerty absent). It was moved by Commissioner Campbell, seconded by Commissioner Tanner, adopting Planning Commission Resolution No. 2402, approving Case Nos. PP 06-07, CUP 06-04 and TT 34597, subject to conditions. Motion carried 4-0 (Commissioner Finerty absent). Action: It was moved by Commissioner Campbell, seconded by Commissioner Tschopp, finding the proposed street / pedestrian way vacation consistent with the General Plan. Motion carried 4-0 (Commissioner Finerty absent). Motion carried 4-0 (Commissioner Finerty absent). B. REQUEST FOR A DETERMINATION OF GENERAL PLAN CONSISTENCY FOR THE ABANDONMENT OF EXCESS PUBLIC ... 13 MINUTES PALM DESERT PLANNING COMMISSION JUNE 20, 2006 ma UTILITY EASEMENT IN CONNECTION WITH CASE NO. PP 03-22 WHICH ALLOWED CONSTRUCTION OF AN OFFICE BUILDING AND PARKING LOT LOCATED ADJACENT TO 73-563 FRED WARING DRIVE, APPROXIMATELY 368 FEET EAST OF SAN PABLO AVENUE. Mr. Drell explained that this request was associated with the approved office building on Fred Waring that included three parcels. Apparently one had a utility easement in between them and with the merger of the parcels was no longer necessary. Staff was requesting that it be vacated. Commission concurred. Action: It was moved by Commissioner Campbell, seconded by Commissioner Tschopp, finding the proposed public utility easement abandonment consistent with the General Plan. Motion carried 4-0 (Commissioner Finerty absent). X. COMMITTEE MEETING UPDATES ..r A. ART IN PUBLIC PLACES Commissioner Campbell reported that the next meeting would June 21, 2006. B. LANDSCAPE COMMITTEE None. C. PROJECT AREA 4 COMMITTEE None. D. PARKS & RECREATION Commissioner Tanner indicated there was no meeting since the last Planning Commission meeting. 14 MINUTES PALM DESERT PLANNING COMMISSION JUNE 20. 2006 XI. COMMENTS It was noted that the next meeting would be July 18, 2006. XII. ADJOURNMENT It was moved by Commissioner Tschopp, seconded by Commissioner Campbell, adjourning the meeting by minute motion. Motion carried 4-0. The meeting was adjourned at 7:11 p.m. PHILIP DRELLT ecretary ATT JAM LOPEZ, Coitperson .� Pain D ert Plan nin C mmission /tm raw 15