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HomeMy WebLinkAbout1204 �1IF'� MINUTES PALM DESERT PLANNING COMMISSION • TUESDAY— DECEMBER 4, 2007 I. CALL TO ORDER Chairperson Campbell called the meeting to order at 6:00 p.m. II. PLEDGE OF ALLEGIANCE Chairperson Campbell led in the pledge of allegiance. III. ROLL CALL Members Present: Sonia Campbell, Chair Mari Schmidt Van Tanner Members Absent: Dave Tschopp, Vice Chair Connor Limont Staff Present: Lauri Aylaian, Director of Community Development Bob Hargreaves, Deputy City Attorney Tony Bagato, Principal Planner Ryan Stendell, Associate Planner Kevin Swartz, Assistant Planner Christina Canales, Assistant Engineer Tonya Monroe, Administrative Secretary IV. APPROVAL OF MINUTES Request for consideration of the November 20, 2007 meeting minutes. Action: It was moved by Commissioner Tanner, seconded by Commissioner Schmidt, approving the November 20, 2007 meeting minutes by minute motion. Motion carried 3-0. V. SUMMARY OF COUNCIL ACTION Ms. Aylaian noted there was no meeting since the last Planning Commission meeting. She also noted that on Thursday, December 6, City Council would MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 4, 2007 be having a special study session. They will be traveling to visit several community facility projects in other communities to see what type of facility no might be appropriate for our parks and recreation folks in Palm Desert. VI. ORAL COMMUNICATIONS A. Any person wishing to discuss any item not otherwise on the Agenda may address the Planning Commission at this point by stepping to the lectern and giving his/her name and address for the record. Remarks shall be limited to a maximum of five minutes unless additional time is authorized by the Planning Commission. Deputy City Attorney Hargreaves explained that there was a somewhat unique situation. Further on the agenda there is a public hearing on the modification of the Augusta Restaurant CUP (conditional use permit). Two Planning Commissioners were absent and Chairperson Campbell has a conflict because she owns a business within 500 feet of Augusta Restaurant, so there wasn't a quorum necessary to hold the public hearing to take action on the CUP this evening. Under state law, all they could do on that particular hearing is open the hearing and continue it, but he understood there were people present who wished to talk on that item, including representatives of Augusta. His proposal was to have anyone who wished to address that item come up and speak now during Oral Communications. They would have three minutes to discuss whatever they would like with respect to Augusta's, including Augusta's representatives. At the end of Oral Communications, they would move on with the agenda. He reiterated that at that time they would not take action tonight. The item will be continued until December 18, which is the next meeting, but everything said tonight will be put into a transcript submitted at the hearing on December 18. So if someone was here and they wanted to speak tonight,they could speak tonight. If they preferred to wait until December 18, they could do that. People could speak both nights, but he requested that people not be duplicative. Anything said tonight will be held into the record on the 18t'. But there was no requirement to speak tonight. In any case, they couldn't take action tonight because they didn't have a sufficient number of qualified Commissioners. He suggested that the Chair call up anyone who would care to speak with regard to the matter and give them that opportunity. Chairperson Campbell invited anyone wishing to speak to step up to the lectern and requested their name and address for the record. MS. MARIAN ROYSTON, 74-000 Shadow Mountain, a senior complex, Candlewood Apartments, said she has been very anxious for this. They are a senior complex with about 30 units. Probably 18- .rr 2 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 4, 2007 20 of those people have through the past number of years been very disturbed by the excess noise. They were concerned about the ongoing, very disruptive noise. Their property backs up onto Larrea, which is the backside of Augusta where their entertainment comes. They were less than a block apart. Augusta's was on one side of Portola and the apartments on the other and the noise has been way over the 52 decibels required. Also, the time has been exceeded; most of the time just on weekends and primarily Saturday. But their complaints have been ongoing. Ms. Roberge has been addressed personally, they've gone to the Sheriffs Department, she herself has been to the City numerous times, and she didn't know why a permit for this type of entertainment was issued to that type of an establishment that backs up to strictly residential two and three blocks in both directions, so that has been a perplexing problem they should not have been given. Ms. Royston said they have been trying to lower the level the last month. Apparently they were aware of this action coming up before the City and there has been a definite change the last month, but it could have been made over the last four or five years and never was. So they have resentment and they weren't being addressed. In fact, the police department said they would just have to call the City and Now she didn't know what transpired to change their attitude, but it definitely changed. They were going down at first,and they could tell it would quiet down right afterward, but then they pulled back for some unknown reason. As a resident constantly annoyed by the excessive noise, she would like to see the permit pulled for entertainment. MR. JOHN CORCORAN stated that they live on the Shadow Mountain golf course, about a mile from Augusta. They moved from Seattle 15 years ago on a busy, noisy street. They came down here, looked everything over, and fell in love with Palm Desert and loved the south Palm Desert area, and now every weekend they regret it. They can't sleep, it is extremely noisy, and it has been going on and on. He couldn't understand why the City Council has not taken some kind of action. He thanked them. MR. TOM SLOVAK, 1800 E. Tahquitz Canyon Way, stated that he is a lawyer representing Augusta Restaurant and he has been asked by his client to speak briefly tonight. He said he sent a letter of position to the Commission and hoped they had received it. He only had three minutes, and didn't want to repeat what was in the letter, but wanted to make some quick observations. Also present at the meeting were Jim McIntosh, who would speak for three minutes, an architect who 3 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 4, 2007 would detail to the Commission the fact that Augusta and Denise Roberge,who was also present, have not ignored the concerns of the no City or this Commission or this City's ordinance. Substantial efforts have been made to address the noise level concerns and they thought until recently they had accommodated and met those standards. He said they did get notice some short time ago, the day after Thanksgiving. He was called the following Tuesday and he met on Wednesday with Ms. Roberge and he tried to familiarize himself with this history. Mr. Slovak said in a nutshell, what he would like to suggest is that rather than taking this to some hearing, a public hearing, a legal hearing, on December 18, as they would hear from Mr. McIntosh,they do intend to implement some additional actions, hopefully by the 14"', Mr. McIntosh will outline that and they would like to have a couple of weeks to monitor that. They have purchased, as they would hear from Tiffany Windsor who would also be asked to speak briefly tonight, to self monitor and they would be happy to record those and provide them to the City. Their goal is to come into compliance. This is a valuable asset to the city, it is a very popular restaurant, and he was shocked quite frankly to take some readings and see just how little noise 55 decibels is. He suspected that the level he was speaking to them now exceeds that level. Having said that, they were not here ,r„r today to contest the ordinance, but to tell them they intend to come into compliance and would rather do that than spend time in quasi legal proceedings which would require him on the 18"' to conduct himself in a manner which he would put forth the administrative record, bring forth witnesses, challenge witnesses, and go through that. He would rather use this time in the next month to try and convince this Commission that they are willing to work with it and come into compliance uniformly. He thanked them. MS. JANE BARNETT, 74-000 Shadow Mountain Drive, the same as Marian, said at first she wasn't going to say a word because she hasn't delved into it enough, she just knows that she hears the music. She was surprised to learn that the music is outside, maybe not always, but she wouldn't think they could quiet an orchestra that is outside. Any place it's there and making noise, they weren't going to quiet it. It sounds as if they want to make some deals and work with people, but they've had all these months to do that. Why haven't they taken the orchestra inside? Why haven't they quieted it? She had a problem one time with the bells on Highway 74 at a church and it was so loud they couldn't enjoy the six o'clock news and they finally got those cut down. People questioned taking a church to court, but yes, 4 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 4, 2007 it was loud enough. She said they have had over a year to do what `ow they should do. She loves to dance, she loves music, but she didn't want it playing for her at 10 or 12 o'clock at night. Like the man said, he'd like to sleep. That's true. She was sorry those people built that restaurant or put a restaurant in there in the middle of residential people. But they could have moved that orchestra inside a long time ago and probably stopped the entire problem. She didn't know if it could be heard from the inside or not. She didn't want to start making deals on the 18"' of December; she'd like the Commission to have some ideas. She thanked them. MR. JAMES McINTOSH, a Palm Desert architect hired by Denise Roberge to mitigate the sound issues, said they have been working on it for quite a while. He brought a diagram and had been prepared to speak a little longer, but would cut his presentation to three minutes. He outlined that in the past year they have worked on ways of quieting the sound since they first started playing music at the site. The first thing they did last year, or actually the year before that, was wrap the actual stage, which dropped it down considerably. Over the summer they spent$30,000 to basically put up a soft wall against the restaurant which absorbs the sound that was bouncing off the building out off the property. They also put in a sound lid. They started playing music again in October and for two months didn't think they had a problem because they've had no complaints, they have a decibel meter and are measuring the levels off property, and it seemed like they were in compliance. Since there are still complaints, now they are currently building sound panels which will further absorb and block the sound being reflected off the building and out off the property. He wanted everyone to understand they are working with it and had no negative feedback in the months of October and November. He thought they were making improvements, and someone actually said that in the past year it has actually been better. They are trying to work in that direction and do whatever they can. MS. TIFFANY WINDSOR, 73-995 El Paseo in Palm Desert, said she is the Director of Events for Augusta Restaurant and she is responsible for the day-to-day operations of the restaurant, including the financials. She told them this business cannot survive without the element of the outside music. She said she has been instructed by Denise Roberge to work with their architect, Mr. McIntosh,to continue to address the sound mitigation measures at Augusta. She had already taken the steps to mitigate sound prior to reopening the restaurant for the season and was happy to hear when the woman who spoke earlier said it had changed within the last month. One of 5 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 4. 2007 the things they have done is purchase a sound level meter, a certified meter that they are using on a regular basis, and it is capable of nd recording decibel readings. So they are currently monitoring the sound levels through this equipment and they can actually provide a copy of the data they capture with it. She pointed out that as she was speaking right then,the meter was reading 65, 67, and 70 decibels to give them an idea of the levels. She was certain they would be able to keep the outdoor music in compliance through all the measures they have implemented and those that they are working on. She was available for questions. There were no questions. Mr. Hargreaves reiterated that because of the lack of an effective quorum tonight, they would not be able to have the formal hearing and act on this. He invited everyone back on December 18. When they come to the point on the Agenda for this particular item, he said they would open the public hearing, there would be no opportunity at that point to comment, and then it would be continued to December 18. Once again, he said the comments made would be included in the record of the hearing on that date and apologized for the inconvenience. He said that pretty much concludes it on Augusta tonight. Ms. Barnett asked from the audience how the City finds out personally about these things and if they go over to the restaurant. Mr. Hargreaves advised that if she wished, she could contact staff tomorrow morning to discuss ongoing issues. B. This is the time and place for any person who wishes to comment on non-hearing Agenda items. It should be noted that at Planning Commission discretion, these comments may be deferred until such time on the Agenda as the item is discussed. Remarks shall be limited to a maximum of five minutes unless additional time is authorized by the Planning Commission. None. VII. CONSENT CALENDAR None. VIII. 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 .rr 6 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 4. 2007 described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. A. Case No. PP 07-07 — PREST VUKSIC ARCHITECTS, Applicants Consideration of approval of a Precise Plan of Design to construct a 17,600 square foot professional office building. The subject property is located at 44-450 Monterey Avenue. Mr. Stendell reviewed the staff report in detail. He noted that as proposed, the building complies with the standards of the Office Professional zone. The project is conditioned upon a successful transaction of property from the City and if that does not go through, the project as proposed this evening would not exist. He thought the building would provide a nice addition to the neighborhood and recommended approval. He also noted that some correspondence was received from a couple of neighbors from the Guadalupe area who had an onsite meeting with the owner and project architect. A letter from the adjacent owner was received that addressed several concerns with wall height, landscaping and damage during construction. The architect also submitted a letter requesting that eight conditions be added and staff was fine with adding them to the draft ... resolution. He said that one thing that came out of that meeting was that the trash enclosure was relocated next to an existing office building and further away from residential. He asked for any questions. Commissioner Tanner asked if Mr. Stendell had a schedule of the trash pick- up in that area. Moving it north was fine, but getting a big vehicle in at 7:00 a.m, might be a bit of an irritant. He said staff might want to check on that. His other comment was this was all hinging on the fact that the City of Palm Desert was going to sell the right-of-way necessary to build the building. He asked if staff saw any kind of a hang up from the City in order to make this project happen. Mr. Stendell said no. He noted that there have been a few projects like this that have occurred. The Public Works Director has to be satisfied with the amount of right-of-way. Monterey has been built to its maximum capacity. Curb and gutter, sidewalks, and landscaping would be in place. As long as the Public Works Director is happy with the location of the ultimate property line and a successful deal can be negotiated and approved by the City Council, he didn't see a problem. Commissioner Tanner indicated that it appeared that the trash trucks would enter from Monterey and there would probably be no need to go further down, unless it turned around. Mr. Stendell noted that in the past, projects have been conditioned for trash pick-up times if the Commission feels it is an i 7 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 4, 2007 appropriate thing to do. Commissioner Tanner stated that he would like to hear from the neighbor. He knew that Prest Vuksic works closely with their neighbors to get things done. Commissioner Schmidt asked if Mr. Stendell felt the concerns of the neighbors had been mitigated by the proposed conditions. Mr. Stendell believed so. They talked at length and had a very successful meeting. He indicated residents were present and that question could be directed to the applicant and audience. Commissioner Schmidt said she also shared the concern over the trash. Chairperson Campbell asked if there was any problem with making the wall seven feet, if necessary. Mr. Stendell said no; with approval from Planning Commission,they can go to seven feet high. From a staff standpoint, he said eight feet tall started to feel like a fortress; he thought seven feet would accomplish what they were concerned about, which is someone having the ability to quickly hop over the fence. He thought seven feet was the best solution to mitigate the concerns of the neighbors. Chairperson Campbell opened the public hearing and asked the applicant to address the Commission. .nr MR. DAVID PREST, Prest Vuksic Architects, 44530 San Pablo, stated that Mr. Stendell did a great job giving the presentation, so he didn't have anything to add. He asked if there were any questions. Commissioner Schmidt asked if Mr. Prest felt the concerns of the residents had been addressed. Mr. Prest said yes. There had been meetings with the neighbors and he thought they were satisfied with all the conditions. Chairperson Campbell asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed project. MS. SUSAN HAYES, 73-050 Guadalupe Avenue, said she is the north landowner. She stated that she has talked with John (Vuksic), the architect, and Paul (Delio, the property owner), and they moved the trash for her, which was a big concern when it was up against the wall. She thought it would be okay on the wall where they moved it; otherwise, it was going to be right up against her bedroom wall. Also, she talked to John, the architect, about the seven-foot wall on her 8 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 4, 201 property and then it dropping down to six feet going across Guadalupe, but she just talked to Paul, the owner of the property, and she and the person next door to her would like it to be seven feet all the way across. Her next door neighbor actually lives on Santa Rosa and has those office buildings right behind him and six feet is not quite enough. They requested that seven feet be a consideration. Other than that, the developers worked wonderfully with them to try and resolve every issue. She thanked them. Chairperson Campbell asked what time the trash was typically picked up on her street. Ms. Hayes said it was really early. It can be anywhere right after 6:00 a.m. Chairperson Campbell said it looked like they all had the same problem. They're all noisy and they all can't ask them to pick it up at 8:00 a.m. Ms. Hayes said as long it isn't right up against her bedroom wall. She could hear Atria getting their trash picked up, but didn't think it would be a big deal. Commissioner Schmidt asked if there was a reason the wall was seven feet and six feet. Mr. Stendell explained that the proposal was for a six-foot high wall all the way across, then this resident asked for something a little higher. It wasn't a goal of the Planning Department to put anything typically higher than six feet. Seven feet didn't bother him too much if seven feet was the agreement for going across and helped mitigate the concerns of the adjacent neighborhood. He confirmed that the condition would be amended to have a seven foot wall from the northern edge to the southern edge rear property line. On the preliminary landscape plan, Commissioner Tanner noted there is a seven-foot wall conditioned to be in there and to further insulate from the neighbors there was plant material. He asked if the plants would create a hedge type of atmosphere. Mr. Stendell said absolutely. Commissioner Tanner asked if it would be on both sides. Mr. Stendell said they fit in trees where they could; the applicants worked with the City's Landscape Department. With the addition of the right-of-way on the Guadalupe side of the street, that gives them additional area for a couple of trees and hedges, tall growth material. When they were looking at this, they really wanted the taller growth landscape in the area near the homes and that will be implemented through final drawings. Commissioner Tanner asked if the 9 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 4. 2007 neighbors were satisfied with that and had no problems. (Speaking from the audience, Mr. Prest concurred.) Chairperson Campbell invited the applicant to readdress the Commission. He declined. Chairperson Campbell closed the public hearing and asked for Commission comments or action. Commissioner Tanner said that once again they were presented with a project that answers all the questions before they're even asked. The only thing that was still kind of left up in the air with this project is whether they get the land sold to them for the right-of-way. The conditions are there and appear acceptable to the neighbors showing the most interest. He thanked them for the petition and getting together with the applicant. It made the Commission's job a lot easier knowing everyone is happy. He also knew that it didn't stop with just this process, Mr. Delio, Mr. Prest and Mr. Vuksic will take it to the next step in the event there are problems that are created and they will get them fixed. He was in favor based on the conditions presented. He made that a motion of approval, including the seven feet for the wall height. Commissioner Schmidt seconded the motion. ..rr Action: It was moved by Commissioner Tanner, seconded by Commissioner Schmidt, adopting the findings as presented by staff. Motion carried 3-0. It was moved by Commissioner Tanner, seconded by Commissioner Schmidt, adopting Planning Commission Resolution No. 2459, approving Case No. PP 07-07, subject to conditions as amended. Motion carried 3-0. C. Case No. CUP 07-15 — SANTA BARBARA BUSINESS COLLEGE, Applicant Approval of a Conditional Use Permit to allow the use of a Santa Barbara Business College and the required amount of parking stalls. The Project is located at 75-030 Gerald Ford Drive, Suites 103, 203 (APN: 653-690-036). Mr. Swartz reviewed the staff report and recommended approval, subject to conditions. .w 10 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 4, 2007 Commissioner Schmidt asked about the height of the building. Mr. Swartz said it is two-stories. Ms. Aylaian clarified that this is a use that would be going into an existing building. Commissioner Tanner asked if Suites 102, 103 and 201 are already occupied by the College. Mr. Swartz said no; currently Suite 201 is occupied by West Coast Turf. Commissioner Tanner said he was just up there today and Suite 201 is occupied by the College. He asked if staff was aware of that. Mr. Swartz said no, he wasn't. Commissioner Tanner said he would ask the applicant about it, because it seemed they were putting the cart before the horse. Chairperson Campbell asked if they were leasing Suites 103 and 203. Mr. Swartz said that is correct. Commissioner Tanner noted that they were asking the Planning Commission for approval, but were already in. That was his question. Chairperson Campbell opened the public hearing and asked the applicant to address the Commission. MR. RICK MURPHREE, the Director of Operations for Santa Barbara Business College, said they don't have any students starting until January 7, conditional upon the approval of this CUP, so there were no students coming in or being used for any student population at this time. Chairperson Campbell reiterated that those two suites are not occupied Mr. Murphree said in the front part of that suite they have put in some desks and started occupying the office space, but there are no classrooms or students. The classrooms were awaiting this approval. Chairperson Campbell asked if anyone wished to speak in FAVOR or OPPOSITION to the proposed project. There was no one. Chairperson Campbell asked for Commission comments or action. Commissioner Tanner said his opinion is that this is the University Center; this is what they are creating out there. He wasn't completely familiarwith the curriculum, but would suspect that it would fit in quite nicely with the curriculum being offered just south of them. With that said, he was in favor of approving the request to have students at the proposed location. He made a motion to accept the project as presented. 11 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 4, 2007 Action: No It was moved by Commissioner Tanner, seconded by Commissioner Schmidt, adopting the findings as presented by staff. Motion carried 3-0. It was moved by Commissioner Tanner, seconded by Commissioner Schmidt, adopting Planning Commission Resolution No. 2460, approving Case No. CUP 07-15, subject to conditions. Motion carried 3-0. Mr. Hargreaves explained that they needed to call out Public Hearing Item B, open the public hearing and continue it to December 18. B. Case No. CUP 96-15 -- CITY OF PALM DESERT, CALIFORNIA, Applicant Consideration of an amendment to an approved Conditional Use Permit to eliminate nightly music entertainment in the outdoor dining patio area of the Augusta's Restaurant. Subject property is located at 73-995 El Paseo (APN: 627-272-005). The public hearing was opened. Commissioner Tanner asked about the possibility of granting a continuance to January 15, 2008, not December 18, 2007. After discussion, it was determined that the continuance would be to the next meeting on December 18, 2007. Action: It was moved by Commissioner Tanner, seconded by Commissioner Schmidt, continuing Case No. CUP 96-15 Amendment to December 18, 2007. Commissioner Tanner called for the vote. Motion carried 2-0-2-1 (Commissioners Limont and Tschopp were absent, Chairperson Campbell abstained). IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES No meeting. 12 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 4. 2007 B. LANDSCAPE BEAUTIFICATION No meeting. C. PROJECT AREA 4 COMMITTEE No meeting. D. PARKS & RECREATION Commissioner Tanner noted that a tourwas taking place on Thursday with City Council to view some out of town park related facilities. Everything else at the last meeting was updates. XI. COMMENTS None. XII. ADJOURNMENT �. It was moved by Commissioner Tanner, seconded by Commissioner Schmidt, adjourning the meeting by minute motion. Motion carried 3-0. The meeting was adjourned at 7:05 p.m. AURI AYLAIAN, Secreta _. ATTEST: SONIA M. CAMPBELL, Chaff Palm Desert Planning Commission /tm 13