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HomeMy WebLinkAbout2012-08-07 PC Regular Meeting Minutes CITY OF PALM DESERT .. PALM DESERT PLANNING COMMISSION MINUTES • TUESDAY, AUGUST 7, 2012 — 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chair Campbell called the meeting to order at 6:00 p.m. Il. ROLL CALL Present: Absent: Chair Sonia Campbell Commissioner Connor Limont Vice Chair Nancy De Luna Commissioner Van Tanner Commissioner Roger Dash Staff Present: Jill Tremblay, Deputy City Attorney Lauri Aylaian, Director of Community Development Tony Bagato, Principal Planner Kevin Swartz, Assistant Planner Missy Wightman, Assistant Planner Monica O'Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Chair Campbell led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Lauri Aylaian, Director of Community Development, stated that on July 12, there were no items relative to the Planning Commission. At the June 28 City Council meeting there was a second reading of the Change of Zone 12-76, which rezones property southwest of Gerald Ford Drive and Portola Avenue to density of 12 dwelling units per acre for compliance with the Housing Element. om The City Council also approved the budget for fiscal year 2012-2013. MINUTES PALM DESERT PLANNING COMMISSION AUGUST 7, 2012 V. ORAL COMMUNICATIONS None VI. CONSENT CALENDAR A. MINUTES of the Planning Commission Meeting of June 19, 2012. Rec: Approve as presented. B. REQUEST FOR CONSIDERATION of a rear lot line adjustment and transfer a portion of golf course Lot 20 (Tract 26123-3) to Lot 78 (Tract 28227-1) at Indian Ridge Country Club. Case No. PMW 12-185 (Henry A. Friedman and Judith H. Friedman Trust, 332 Tomahawk Drive; and Indian Ridge Country Club, 76-375 Country Club Drive, Palm Desert, Applicants). Rec: By Minute Motion, approve a lot line adjustment and transfer a portion of golf course, Case No. PMW 12-185. C. REQUEST FOR CONSIDERATION to merge three existing parcels into one parcel at Bighorn to accommodate a future single-family home. Case No. PMW 12-184 (Bighorn Development, LLC, 535 Mesquite Hills; and .. RCE Consultants, Inc. 23332 Mill Creek Drive, Suite 205, Laguna Hills, Applicants). Rec: By Minute Motion, approve merge of three existing parcels into one Parcel, Case No. PMW 12-184. D. REQUEST FOR CONSIDERATION of a one-year extension for Vons No. 3242, Case No. ZOA/CUP 10-228. Case No. ZOA/CUP 10-228 (DLR Group, 117 East Colorado Blvd, Suite 500, Pasadena, Applicant). Rec: By Minute Motion, approve a one-year extension (until July 14, 2013) to Case No. ZOA/CUP 10-228. Upon a motion by Vice Chair DeLuna, second by Commissioner Dash, and 3-0 vote of the Planning Commission, with Limont and Tanner ABSENT, the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None wr 2 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 7, 2012 Vill. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of a Conditional Use Permit to allow the operation of a church located in a Service Industrial zone at 42-620 Caroline Court, APN 634-260-028. Case No. CUP 12-188 (Providence Presbyterian Church, PO Box 6265, La Quinta, Applicant). Ms. Missy Wightman, Assistant Planner, reported that the zoning for the proposed parcel is Service Industrial and the General Plan is Industrial-Business Park. All the adjacent zoning is Service Industrial with Service Industrial Development except for parcel to the west, which is currently vacant land. The initial proposed floor plan shows a reception area, conference room, a cry room, the main sanctuary space, restrooms, and storage facility. She said the church would be located at 42-620 Caroline Court, and presented pictures of the street and adjacent businesses that would share the parking lot with the church. Ms. Wightman reported that the congregation size of the current church is 60 people; they hope to grow to 180 people. They do have a maximum growth capacity of 150 people at this location subject to final approval by the Department of Building & Safety's review of occupancy levels. The services they would provide are the following: • Sunday Worship Services 8:30 a.m. to 1:00 p.m. • Sunday Worship Services 5:00 p.m. to 8:00 p.m. • Saturday (on occasion) Prayer Services 9:00 a.m. to 12:00 p.m. • Tue, Wed, or Thu Bible Study 7:00 p.m. to 9:00 p.m. • Saturday (on occasion) Memorial Service 9:00 a.m. to 5:00 p.m. • Saturday (on occasion) Weddings 10:00 a.m. to 7:00 p.m. • Per calendar year Good Friday 6:00 p.m. to 8:00 p.m. • Per calendar year Christmas Eve 6:00 p.m. to 8:00 p.m. • Per calendar year Christmas Day 8:30 a.m. to 12:00 p.m. 6:00 p.m. to 8:00 p.m. Ms. Wightman stated that the parking requirements for this use are one parking stall for each 35 square feet of seating area in the sanctuary. Staff accounted for the seating area in the sanctuary along with the conference room, which gives it a total of 1,805 square feet. It would require a total of 51 parking spaces. She said the applicant has provided parking agreements that provide 57 spaces through the term of their lease. She also said the church would occupy the space during off hours when other businesses are closed typically (Monday-Friday; 8:00 a.m. to 5:00 p.m.). The church would be there during the weekends or the evenings. They have 16 parking spaces dedicated to them through the parking agreements directly in front of their suite with 41 spaces in adjacent parking areas. She stated that initially a seating plan was not provided to staff. A seating plan is required to determine occupancy loads through the Building and Safety Department and proper exiting through the Fire Department. She indicated that originally a 155 3 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 7, 2012 occupancy was recommended on the staff report, but it has been revised to 150 to meet the appropriate Building and Safety and Fire Department codes regarding law plumbing facilities and emergency exiting. The applicant provided an updated seating plan with 147 seats and 3 accessible seats for a total of 150 seats. A legal notice was published in The Desert Sun July 28, 2012, and mailed to owners of property within 300 feet. Staff received no comments to date in favor of or opposed to the proposed use. Ms. Wightman stated that staff recommends to waive further reading and adopt Resolution No. 2587, approving CUP No. 12- 188, subject to conditions. Vice Chair DeLuna commented that the congregation hoped to grow to 180 people, but occupancy should be 150. She asked if the church is okay with limiting the size of the congregation. Ms. Wightman answered that she spoke to the applicant, and they are okay with the occupancy, and are here to address the Planning Commission. She noted that if they grow past that amount, they would have to find another space or lease more space from the adjacent tenant space. Vice Chair DeLuna said the other side of the cul-de-sac is vacant. She asked if there are any plans to build or if a tenant is coming that would want parking that would possibly conflict with this use. Ms. Wightman replied that she is not aware of a proposed development at this time. The current lease with the applicant and the landlord is three years in duration. Vice Chair DeLuna asked what a cry room is. Ms. Wightman said she would let the applicant address that question. Commissioner Dash commented that the parking agreement is between the landlord and the tenant. He asked if there have been any consultations with the other tenants in that cul-de-sac. Ms. Wightman replied yes. Since the original application, they have provided a copy of their lease agreement with the management company, as well as two separate parking agreements with the two other building owners to the north. Chair Campbell declared the public hearing open and invited the Applicant to address the Commission on this matter, followed by any public testimony IN FAVOR or OPPOSITION. Mr. Tim Gustafson, Providence Presbyterian Church, said a cry room is a place where if a baby is fussy, and the mother or father is willing to go, they could go .. into this room with a glass window and see and hear what is going on in the 4 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 7, 2012 sanctuary. The cry room gives the parent(s) the option to participate in worship without bothering the rest of the people. He mentioned that they started out over eight years ago in a bible study at a home, and they have gradually been growing to where they need a bigger facility. Their purpose is to teach people about God, and they do not have plans to grow to be a large church. He noted that if they do grow, they would probably start another church and keep the church small. He said if they start to reach 150 people, they would begin to look for another place or other options. During the summer, they are worshipping approximately 40 to 50 people, including kids. During the winter, they may have 60 to 80 people. Mr. Gustafson stated that he appreciates Planning Department staff for their help. He hopes that they are able to move their worship to this location and appreciates the Planning Commission's consideration. Ms. Mary Cochran, member of Providence Presbyterian Church, stated that she has been a member for about five years. It is not only her church home, but also her loving family home. She said that she has been a widow for 13 years, and her children live out of the area. If she has a need or a problem, her friends at Providence are there to help her. Ms. Cochran stated that they have a fine young pastor that faithfully preaches the word, and not only does he preach it but he also lives it. As Mr. Gustafson mentioned, they have a number of young families in their congregation so they do enjoy the presence of the babies, toddlers, young children, and teens. She said not only are the young people learning about the bible, they are receiving life training to become caring productive and stable too citizens of society. She feels Providence Presbyterian Church is an asset to the whole community. Mr. Tim Esser stated that he is in favor of the church, and they need about 10,000 more churches like this in the desert. He thanked the Planning Commission for hearing them tonight. Mr. Clayton Willis, Pastor of the congregation, stated that he appreciates this hearing and the process that they had to go through in order for them to meet in the new location. They are excited about it and this fantastic location because it is right in the middle of the valley since members come from Palm Springs and as far away as 29 Palms and Indio. They are excited about the ability to grow to 150, which would take them a while to do. They are greatly appreciative of that and the help from the City and staff to get them to this point. With no further testimony offered, Chair Campbell declared the public hearing closed. Vice Chair DeLuna moved for approval subject to changing the occupancy from 155 to 150. Motion was seconded by Dash and carried by a 3-0 vote, with Limont and Tanner ABSENT. Vice Chair DeLuna moved to, by Minute Motion, waive further reading and adopt Nam Resolution No. 2587 approving Conditional Use Permit 12-188, subject to conditions. 5 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 7, 2012 Motion was seconded by Dash and carried by a 3-0 vote, with Limont and Tanner ABSENT. low Vice Chair DeLuna welcomed the church to the community. B. REQUEST FOR CONSIDERATION of a Conditional Use Permit to operate a new restaurant, Wolfgang Puck, in a General Commercial zone located at 73-130 El Paseo, Suite I and J. Case No. CUP 12-202 (El Paseo Collection Fashion Plaza, 73-061 El Paseo, Suite 200, Palm Desert, Applicant). Mr. Kevin Swartz, Assistant Planner, reported that the project is located on the north side of El Paseo, east of Ocotillo Drive and California Pizza Kitchen. He said it is currently zoned for General Commercial with a Scenic Preservation Overlay, and the General Plan designation is Community Commercial. The adjacent zoning to the north, east, and west is also General Commercial with Scenic Preservation overlay, and to the south is General Commercial. The applicant is proposing to convert two existing retail suites into a new 4,000 square foot restaurant for Wolfgang Puck. The proposed restaurant would be open daily for lunch and dinner with 27 employees serving pizza, pasta, sandwiches, salads, desserts, wine, beer, liquor, and non-alcoholic drinks. Mr. Swartz stated that in order to total the 4,000 square feet, the applicant has to convert 600 square feet of the exterior breezeway space north of the building. He said a Conditional Use Permit is required to change the use from retail to restaurant, and to ensure that there is adequate parking. The off-street parking requirement Section 25.58.310 is for 55 stalls based on the square footage. Staff conducted a parking study, and there was an average of 192 parking spaces available during the operating hours of 11:00 a.m. to closing time; Monday through Sunday. He referred to a floor plan of the proposed restaurant. Mr. Swartz said there has been a change to the conditions of approval, and directed the Planning Commission to Item No. 4 on page four of the resolution, which reads, "The restaurant shall have 27 employees." Staff would like to change the condition to read, "The restaurant shall have a maximum of 27 employees." He referred to a letter that was given to the Planning Commission written by a tenant who is having a lease dispute with the landlord. He made clear that there are two applications, and the letter is referring to the application that went to the Architectural Review Commission for the fagade enhancement for the awnings, hardscape, and for the landscape. The application before the Planning Commission is only for the Conditional Use Permit to allow a restaurant; therefore, the letter does not pertain to this application. Mr. Swartz stated staff recommends that the Planning Commission waive further reading and adopt Resolution No. 2588, approving Conditional Use Permit 12-202, subject to the conditions of approval. Vice Chair DeLuna referred to the area in the front where the building is being increased by five feet, and asked if that would not encroach into the public right- of-way. 6 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 7, 2012 Mr. Swartz responded that it would not encroach. Vice Chair DeLuna asked if the same goes for the tenants along the front, and would they be able to bump it out five feet or would it only apply to this user. Mr. Swartz answered that the existing right of way line goes all the way across as he pointed to the plan. Vice Chair DeLuna inquired if the valet station in the back encourages foot traffic to go from the valet station to the front entrance rather than parking separately or having to come around, or is the side entrance just an emergency exit or would the public be encouraged to enter and exit as well. Mr. Swartz responded that at this time the need for valet parking has not been determined. The applicant showed it on the plan, but when it is brought back, staff will review potential valet parking with the applicant. Vice Chair DeLuna asked if the Planning Commission needs to approve the Conditional Use permit with the valet station. Mr. Swartz replied no. Commissioner Dash inquired if there are guidelines that would protect the Now integrity of the appearance of El Paseo. He is seeing more establishments that want to have dining on the patio. Mr. Swartz responded that the Conditional Use Permit is part of the process so when someone wants to propose a patio, it would come to the Planning Commission. Ms. Aylaian interjected that at the request of the City Council, staff is taking a comprehensive look at how to encourage patio dining on El Paseo, and how to preserve adequate space in the right-of-way to allow for pedestrian access. Staff is due to report back to the City Council at the first meeting in October with recommendations for guidelines. Staff is actively studying what is being done in other communities with successful pedestrian retail districts. Vice Chair DeLuna asked if this would be considered precedence setting to permit the five-foot building extension. Mr. Swartz responded that they have done this on other buildings. Chair Campbell asked for clarification if there is room for pedestrians with the extended patio of five feet. Mr. Swartz replied that there would still be 10 feet from the curb. 7 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 7, 2012 Chair Campbell commented that the building in the back is now attached with a double door. Is that going to be removed and have an open passage? tow Mr. Swartz responded that it would be two separate buildings. Chair Campbell asked if the back entrance would be to the east. Mr. Swartz replied that is correct. Chair Campbell asked what changes are going to be done in the back. Mr. Swartz answered that they would be adding hardscape and landscape. Chair Campbell commented that she had a question on Condition No. 6 regarding the trash. Are they going to use the same trash enclosure that is currently there? Mr. Swartz replied that the applicant is proposing a new trash enclosure. Chair Campbell declared the public hearing open and invited the Applicant to address the Commission on this matter, followed by any public testimony IN FAVOR or OPPOSITION. Mr. David Fletcher, Senior Vice President of Chartwell Properties, thanked the Planning Commission for their time. He stated that they are looking at bringing a 4,000 square foot restaurant to this location. They have seen the success for both neighboring tenants, as well as with restaurants with patios facing El Paseo. They did not feel that five feet was wide enough for a patio so they elected to set the storefront back to allow for more patio dining facing El Paseo, and to pick up the square footage in the breezeway that is between to the two existing buildings. He noted that the fagade enhancement has been approved by the Architectural Review Commission, and tonight's decision is only for the Conditional Use Permit for the restaurant, which is a separate issue. He stated that there is a main parking lot at the rear of the building, a landscape area, and a drive aisle along the back of the existing building. Their concept for the overall remodel was to remove the landscape area and drive aisle; replace with landscaping and a drop off area for customers, open up the breezeway between the two back buildings to allow customers easier access from the back (north) parking lot to El Paseo. He stated that there is a trash enclosure for that building in the landscape area, but it is being relocated to the upper left hand (northwest) portion of the plan, and they are adding an additional trash enclosure for Wolfgang Puck at the upper right hand (northeast) side of the plan. The back entrance on the east would be the service entrance directly into the kitchen. Mr. Fletcher said that they may add valet to the building sometime in the future, if so, they would come back to the City at that time. He mentioned that they do not anticipate moving other storefronts back like they are with the restaurant. He requested if they could em change the maximum amount of employees to 30 so he would not need to come 8 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 7, 2012 back if they need 28 or 29 per the conditions of the Conditional Use Permit. Chair Campbell asked about the cobble stone on El Paseo. Mr. Fletcher responded that it is their intent to remove the entire sidewalk in front of the building as part of the overall upgrade of the building, and replace it with Egyptian limestone similar to what is in front of Gucci and Polo. The material inside the patio will be selected by the tenant, and submitted as part of their tenant improvement package. Chair Campbell referred to the cobble stone in the breezeway. Mr. Fletcher replied that they are not adding cobble stone at this time due to some concerns from the Public Works Department. Vice Chair DeLuna asked if staff had a response to the question regarding the number of employees, and is there any impact to parking. Mr. Swartz responded that the parking study shows there are 192 parking spaces available, so increasing the amount of employees by three should not affect parking. Vice Chair DeLuna asked if parking would be a problem during season. Chair Campbell interjected that she is familiar with the parking lot, and stated there is ample parking during season. Mr. Tony Bagato, Principal Planner, suggested that the condition be changed to a maximum of 30 employees at one time. He said if they hire, for example, 40 people, but only 30 could be there due to the parking. They do not want to control how many employees they hire; only how many employees are there at one time. With no further testimony offered, Chair Campbell declared the public hearing closed. Vice Chair DeLuna moved for approval subject to amending the condition to allow a maximum of 30 employees to work at one time. Motion was seconded by Dash and carried by a 3-0 vote, with Limont and Tanner ABSENT. Vice Chair DeLuna moved, by Minute Motion, to waive further reading and adopt Resolution No. 2588 approving Conditional Use Permit 12-202, subject to conditions. Motion was seconded by Dash and carried by a 3-0 vote, with Limont and Tanner ABSENT. Chair Campbell and Vice Chair DeLuna stated that project would be a wonderful addition to El Paseo. ow 9 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 7, 2012 Chair Campbell asked the applicant when Wolfgang Puck would open. Mr. Fletcher responded that an opening date has not been set. C. REQUEST FOR CONSIDERATION of three AT&T antennas mounted on the fagade of the JW Marriott Desert Springs located at 74-855 Country Club Drive. Case No. CUP 12-193 (Robin Nelson, 1 San Jacinto Plaza, Suite 250, Newport Beach, Applicant). Mr. Bagato reported that the site is located on Country Club Drive and Cook Street. He said the red dots on the site plan represent the locations, not the size, of the antennas. He explained that the antenna system is a Distributed Antenna System (DAS), which is more of a local telecommunications system and only serves the hotel. It turns out that the hotel is zoned for residential, and by the ordinance you cannot install a new antenna or communications device in any residential without a Conditional Use Permit for an exception to that ordinance. He stated again that the system would only serve the Marriott because of capacity and coverage issues. The size of the building (72 feet) blocks coverage that comes in from the offsite antennas. In addition, when the hotel has a conference or large events it leads to a capacity issue, and there are a lot of dropped calls in areas of the hotel where there is coverage. Mr. Bagato said that all the antennas are mounted on the building. The largest antenna is four feet tall that will be painted to match the building. The other two antennas are smaller that would serve the pool and spa area on the hotel property. The Architectural Review Commission approved the design as proposed, and staff is recommending approval. Commissioner Dash inquired about the DAS and what type of communications are they referring to: telephones, radios, and videos? Mr. Bagato responded that the system is for telephones. He said it similar to installing a wifi device in your home. It is a smaller scaled telecommunications device instead of a 60' tall broadcasting antenna. Commissioner Dash inquired if it would be used by the clientele or the employees. Mr. Bagato replied that it is for anyone that uses AT&T. He mentioned that the hotel already has one for Sprint and other carriers. Commissioner Dash asked if the antennas would not be apparent from the outside or the street. Mr. Bagato said it would not be apparent from any public street. am Commissioner Dash asked if it would be the same color as the fagade. 10 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 7, 2012 Mr. Bagato replied yes, and the conditions would require them to maintain it to match the building. Chair Campbell commented that people are not going to know the antennas are there. Chair Campbell declared the public hearing open and invited the Applicant to address the Commission on this matter, followed by any public testimony IN FAVOR or OPPOSITION. Mr. Robin Nelson, Jeffrey Rome Architects (representing AT&T), thanked Mr. Bagato for his presentation. He explained that DAS is a Distributed Antenna System, which is a new technology that a lot of the wireless carriers nowadays are adopting to allow additional capacity in dense populated areas. The technology allows resorts, stadiums, colleges, and areas that are densely populated. Another advantage is that the DAS system operates just for the local property, and the antennas get much smaller compared to the macro sites that service cities. Vice Chair DeLuna commented that they did a great job so that it blends in well with the building. She asked is the system replaces the big dishes seen on roof tops. r. Mr. Nelson responded not necessarily. It is a new technology that helps alleviate the stresses or the capacity of the sites that are taking on a lot of calls in the area. Chair Campbell asked Mr. Nelson if he sees this system going to other big hotels or not necessarily. Mr. Nelson replied that a lot of carriers are looking at this type of system. With no further testimony offered, Chair Campbell declared the public hearing closed. Vice Chair DeLuna moved to, by Minute Motion, waive further reading and adopt Resolution No. 2589 approving Conditional Use Permit 12-193, subject to conditions. Motion was seconded by Dash and carried by a 3-0 vote, with Limont and Tanner ABSENT. IX. MISCELLANEOUS None aw 11 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 7, 2012 X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Ms. Aylaian reported that the Art in Public Places Commission reviewed a couple of potential applicants for the artist registry, and added some of the artists to the registry. They also took action recommending approval of a second public art piece for the Westin Timeshare project at Desert Willow. The recommendation is moving forward to the City Council. B. PARKS & RECREATION None C. PROJECT AREA 4 COMMITTEE None XI. COMMENTS A. DIRECTOR OF COMMUNITY DEVEOPMENT 1. RENEWAL of American Planning Association memberships of the Planning Commission members. 2. INFORMATION regarding the California Chapter of the American Planning Association's annual conference October 21-24, 2012, in Rancho Mirage. Ms. Aylaian commented that the American Planning Association statewide conference is going to be held in Rancho Mirage this year. She said they plan on sending the City planners to the conference since it is so close and inexpensive to travel to. She mentioned that they also have money in the budget for two Commissioners to attend, if interested. The conference dates are October 21-24, 2012. It begins on a Sunday, but most of the sessions for the Commissioners are Monday through Wednesday. She asked the Commissioners to look at their schedules if they are interested. Staff could get the agenda and more information to the Commission, upon request. Ms. Aylaian noted that there are about 90 sessions being offered with an excellent program. She also mentioned that there is an American Planning Association membership available for the Commission to join. The national membership gives you a magazine and a discount if you want to go to the national conference, which would be in Chicago this year but the City is not funded to send anyone. If you choose to join the statewide chapter, you would get a discount on attending the conference in Rancho Mirage in October plus other om benefits. She noted that the cost of the membership is more than the discount 12 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 7, 2012 for attending the conference. She stated if anyone is interested in attending the conference, please contact the Chair. If interested in the membership, please tow contact Ms. Monica O'Reilly. Ms. Aylaian mentioned that a safety and evacuation plan has been developed for meetings like this in the event that there is a disruption or disturbance that may pose a physical threat and/or if someone brings fire arms into the meeting. If they need more information, please contact to her. Chair Campbell inquired if there will be a second meeting in August. Ms. Aylaian replied yes, and it will be held August 21. XII. ADJOURNMENT Upon a motion by Vice Chair DeLuna, second by Dash, and a 3-0 vote of the Planning Commission, with Limont and Tanner ABSENT, Chair Campbell adjourned the meeting at 7:01 p.m. / SONIA CAMPBELL, CHAIR ATTEST: LAURI AYLAIAN, SECRETARY- PALM DESERT PLANNING COMMISSION /mo woo 13