Loading...
HomeMy WebLinkAboutRes 06-69 PP-CUP 05-05 and VAR 05-04 Ernest RamirezCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: City Council review of the Planning Commissions decision approving a precise plan of design and conditional use permit to allow a new Jiffy Lube oil change facility with a variance from Section 25.28.060 allowing a reduction in the required "daylight triangle" setback from 43'8" to 24' and a variance from Section 25.56.400 allowing service bays to front onto a public street. The property is located at 74-180 Highway 111. SUBMITTED BY: Tony Bagato, Assistant Planner APPLICANT: Ernest Ramirez 668 Pacific Coast Highway #517 Laguna Beach, CA 92651 CASE NOS: PP/CUP 05-05 and VAR 05-04 DATE: May 11, 2006 CONTENTS: Recommendation Executive Summary Background Project Description Analysis Draft Resolution No. 06-69 Legal Notice Planning Commission Minutes Planning Commission Resolution No. 2381 Planning Commission Staff Report dated March 21, 2006 Comments from other departments ARC Notice of Action Recommendation: That the City Council adopt the findings and adopt Resolution No. 06-69, affirming the Planning Commission's decision approving PP/CUP 05-05 and VAR 05-04, subject to conditions attached. Executive Summary: The property is located on the corner of Highway 111, Cabrillo Avenue and Alessandro Drive. In December of 2004, the Planning Commission and City Council determined that Jiffy Lube type business could be an acceptable use in the C-1 zone, subject to Staff Report GPA 05-03, C/Z 05-04, PP 05-25 and TT 33719 Page 2 May 11, 2006 approval of a conditional use permit. In February of 2005, a precise plan, conditional use permit application was filed to allow a single -story, 2,048 square foot Jiffy Lube oil change facility with a variance from Section 25.28.060 reducing the required "daylight triangle" setback from 42' to 24' and from Section 25.56.400 allowing service bays to front onto a public street. The project went through architectural review six (6) times to achieve a design that would enhance the site and draw attention away from the service bays. The current building and site plan design draws attention away from the service bays. Lowering the building height to 12' to comply with the 24' setback requirement will eliminate the strongest architectural features of the building creating less desirable design making the service bays more noticeable. Furthermore, to accommodate the building design as proposed the daylight triangle requirement eliminates 19% of the build -able lot area making the project infeasible. On March 21, 2006, the Planning Commission approved the proposed project on a 4-1 vote with Commissioner Finerty opposed. The commissioners that voted in favor of the project believed that the site and building design would enhance the area. Discussion: I. BACKGROUND: A. Property Description: The commercial zoned (C-1) property, totaling 13,469 square feet, is located on the corner of Highway 111, Cabrillo Drive and Alessadro Drive. A Texaco Gas station use to occupy the site has been demolished. B. Adjacent Zoning And Land Use: North: R-3 (4) / Apartments South: C-1 / One El Paseo Commercial Center East: C-1 / J & E Automotive West: C-1 / Miraleste Co. Real Estate C. Determination of Use: In December of 2004, staff presented to Planning Commission and City Council a request for a determination of use to allow a Jiffy Lube type facility in the C-1 zone as a conditional use. Both the Planning Commission and City Council determined that Jiffy Lube could be an acceptable use in the C-1 zone, subject to approval of a conditional use permit. Staff Report GPA 05-03, C/Z 05-04, PP 05-25 and TT 33719 Page 3 May 11, 2006 D. Sections 25.28.060 and 25.56.400: Section 25.28.060 states that corner lot buildings shall be setback a minimum of two feet for every foot of building height and shall not encroach into the daylight triangle. Section 25.56.400 states that automobile service bays shall not front onto a public street. E. Planning Commission: On March 21, 2006, the Planning Commission reviewed and approved the proposed project, on a 4-1 vote with Commissioner Finerty opposed. Commissioner Campbell stated that the building design would camouflage the bays and would complement the One El Paseo building across the Highway 111. Commissioner Tschopp stated that the property is a difficult site and the project would be a great improvement without a negative impact on the neighborhood. Commissioner Tanner concurred with Commissioner Tschopp and said the project would be a tremendous improvement. Commissioner Finerty thought the property was too small for this use and thought that the ordinance for the service bays not fronting on public streets was in the best interest of the City. Chairperson Lopez stated that the project made very good use of the property and that the proposed landscaping and building would be an improvement to the area. PROJECT DESCRIPTION: The applicant is requesting approval of a precise plan, conditional use permit to allow a single -story, 2,048 square foot Jiffy Lube oil change facility with a variance from Section 25.28.060 reducing the required "daylight triangle" setback from 42' to 24' and from Section 25.56.400 allowing service bays to front onto a public street. The facility is designed with seven (7) parking spaces, three (3) service bays and an outdoor seating area. A driveway on Alessandro Drive provides access to the project. Site Plan: The proposed building is located towards t with the storefront facing the frontage road wall that screen vehicles from Highway 1 property abutting the building. The outdoor decorative concrete, three (3) flagpoles and adjacent to Alessandro Drive. ie southwest corner of the property and Highway 111. A 6' high stucco 1 is located along the front of the seating area, which includes raised landscaping, is north of the building Staff Report GPA 05-03, C/Z 05-04, Page 4 May 11, 2006 PP 05-25 and TT 33719 Setbacks and Height: The building setbacks vary between 9' and 15' from the front (frontage road) property line, 15' and 22' from the west side (Cabrillo), 57' from the rear (Alessandro), and 42' from the east side yard. The wall is setback between 7' and 11' from the front property line. The south end of building height varies between 16'10" and 21'10" and is setback 24' from the curb. Based on the 21'10" height, the building is encroaching into the 43'8" daylight triangle requirement. The north end of the building is 14'6" high and is setback 52' from the Cabrillo and Alessandro, complying with the 29' daylight triangle requirement. Access and Parking: The main access driveway is located on Alessandro Drive. The driveway leads to the seven (7) parking spaces and three (3) service bays. Vehicles will exit onto Cabrillo Avenue where they can go towards Highway 111 or Alessandro Drive. Architecture: The building's contemporary architecture incorporates strong vertical and horizontal elements, curved walls, earthtone stucco colors and metal panels. On February 14, 2006, the Architectural Review Commission unanimously granted preliminary approval of the building design. Project Data: STANDARD Height Front Setback Rear Yard Setback Side Yard Setbacks Daylight triangle setback: Min of 2' for every foot of building height. Parking Landscaping III. ANALYSIS: C-1 ZONE I PROJECT 30' 17' to 22' 5' 9' 5' 57' 5' (Cabrillo) / 0' 15' / 42' 43'8" (north corner)/ 24752' 29' (south corner 10 10 20% 32% The proposed architectural and site design will enhance the current site and provide for a high quality commercial project on Highway 111. The proposed use Staff Report GPA 05-03, C/Z 05-04, PP 05-25 and TT 33719 Page 5 May 11, 2006 is consistent with the general plan and zoning goals and objectives. The project complies with all the development standards, except of the variances requested. Variance: The zoning ordinance states that variances "shall be granted only when, because of special circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification." Unlike other properties in the area, three (3) streets surround the property affecting the building design and screening of the service bays. Due to the property being surrounded by three (3) streets, the service bays cannot be completely screened. The project went through architectural review six (6) times to achieve a design that would enhance the site and draw attention away from the service bays. The current building and site plan design draws attention away from the service bays. Lowering the building height to 12' to comply with the 24' setback requirement will eliminate the strongest architectural features of the building creating less desirable design making the service bays more noticeable. Furthermore, to accommodate the building design as proposed the daylight triangle requirement eliminates 19% of the build -able lot area making the project infeasible. If the building was moved to comply with the 43'8" setback it will encroach into the daylight triangle requirement from Cabrillo Avenue and Alessandro Drive. Findings for Granting a Variance: A. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the ordinance codified in this title. Requiring the daylight triangle setback on this property negatively impacts the proposed project creating a less desirable building design that will not adequately screen the service bays and will eliminate 19% of the build- able area making the project infeasible. B. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. Staff Report GPA 05-03, CJZ 05-04, PP 05-25 and TT 33719 Page 6 May 11, 2006 Three (3) streets affecting the build -able lot area and screening of the service bays surround the property. The daylight triangle setback requirement eliminates 19% of the build -able area of the property. C. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same vicinity and zone. The loss of 19% of the build -able area negatively impacts this property and would deprive the applicant of more square footage that other properties would be entitled to the same vicinity and commercial zone. D. That the granting of the variance or adjustment will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Granting of the variance for the proposed Jiffy Lube oil change facility will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity. IV. CEQA REVIEW: The project is a Class 32, Categorical Exemption for the purposed of CEQA and no further review is necessary. Submitted By: Tony Bagato Assistant Planner Approval: City Man er ACM for Devel nt Services Department Head: Phil Drell Director of Community Development RESOLUTION NO.06-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN/CONDITIONAL USE PERMIT TO ALLOW A NEW JIFFY LURE OIL CHANGE FACILITY WITH A VARIANCE FROM SECTION 25.28.060 ALLOWING A REDUCTION IN THE REQUIRED "DAYLIGHT TRIANGLE" SETBACK FROM 43'8" TO 24' AND A VARIANCE FROM SECTION 25.56.400 ALLOWING SERVICE BAYS TO FRONT ONTO A PUBLIC STREET. THE PROPERTY IS LOCATED AT 74-180 HIGHWAY 111. CASE NOS. PP/CUP 05-05 AND VAR 05-04: WHEREAS, the City Council of the City of Palm Desert, California, did on the 11 th day of May 2006, hold a duly noticed public hearing to consider a request by ERNEST RAMIREZ/JIFFY LUBE for approval of the above noted; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of March 2006, hold a duly noticed public hearing, which was continued to March 21, 2006, to consider the said request and by its Resolution No. 2381 approved PP/CUP 05-05 and VAR 05-04; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act", Resolution No. 05-52, in that the Director of Community Development has determined that the project is a Class 32 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council find the following facts and reasons to exist to approve the said request: FINDINGS FOR VARIANCES: A. Requiring the daylight triangle setback on this property negatively impacts the proposed project creating a less desirable building design that will not adequately screen the service bays and will eliminate 19% of the build- able area making the project infeasible. B. Three (3) streets affecting the build -able lot area and screening of the service bays surround the property. The daylight triangle setback requirement eliminates 19% of the build -able area of the property. C. The loss of 19% of the build -able area negatively impacts this property and would deprive the applicant of more square footage that other properties would be entitled to the same vicinity and commercial zone. RESOLUTION NO. 06-69 D. Granting of the variance for the proposed Jiffy Lube oil change facility will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That the City Council does hereby approve Precise Plan/ Conditional Use Permit 05-05 and Variance 05-04, subject to conditions attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 21 st day of March 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California JIM FERGUSON, Mayor 2 RESOLUTION NO. 06-69 CONDITIONS OF APPROVAL CASE NOS. PP/CUP 05-05 AND VAR 05-04 Department of Communitv Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development/Planning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable waste company and Department of Community Development and shall include a recycling program. 6. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 3 RESOLUTION NO. 06-69 7. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 8. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, Fringe -Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees. 9. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 10. The applicant shall work together with the adjacent property owner to the east to determine the height of a new block wail that shall be installed between the two properties. Department of Public Works: All landscape maintenance shall be performed by the property owner. 2. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by the Department of Public Works prior to issuance of a grading permit. 3. Signalization fees, in accordance with City of Palm Desert Resolution Numbers 79-17 and 79-55, shall be paid prior to issuance of grading permit. 4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF) Payment of said fees shall be at the time of building permit issuance. 5. A standard inspection fee shall be paid prior to issuance of grading permits. 6. Storm drain design and construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to the start of construction. 7. Complete grading and improvement plans and specifications on electric files shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 8. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 9. Project shall retain nuisance water on -site. 10. Landscape installation shall be drought tolerant in nature. 11. Landscape plans shall be submitted for review concurrently with grading plans. Ell RESOLUTION NO. 06-69 12. Full public improvements, as required by Section 26 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. 13. All public improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to the issuance of grading permits. No occupancy permits shall be granted until public improvements have been completed. 14. All public and private improvements shall be inspected by the Public Works Department. 15. Prior to start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination System (NPDES) General Construction Permits for storm water discharge associated with construction. Applicant shall contact Riverside County Flood Control District for informational materials. 16. Driveway leading to the frontage road shall be removed and replaced with sidewalk. Riverside County Fire Department: 1. With respect to the conditions of approval regarding the above referenced plan check, Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, appropriate NFPA Standards, CFC, CBC, and/or recognized fire protection standards: The fire department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per UFC Article 87. A fire flow of 1500 gpm for a 1-hour duration at 20-psi residual operating pressure must be available before any combustible materials are placed on the job site. 2. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of: a) 3000 for commercial structure. 3. The required fire flow shall be available from a wet barrel Super Hydrant 4"x2- 1/2"x2-1/2"), located not less than 25' nor more than 150' from any portion of a commercial building measured via vehicular travelway. 4 Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 5 RESOLUTION NO. 06-69 5. Install a fire alarm system as required by the UBC Chapter 3. 6. Install portable fire extinguishers per NFPA, 10, but not less than 2A106C extinguisher per 3,000 square feet and not over 75' walking distance. A " K" type fire extinguisher is required in all commercial kitchens. 7. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn around (55' in industrial developments). Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 5' radius or 10' diameter. City standards may be more restrictive. 8. This project may require licensing by a state or county agency, to facilitate plan review the applicant shall prepare and submit to the Fire Marshal a letter of intent detailing the proposed usage and occupancy type. 9. All buildings shall have illuminated addresses of a size approved by the city. 10. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. 11. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. C PLANNING COMMISSION RESOLUTION NO.2381 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN/ CONDITIONAL USE PERMIT TO ALLOW A NEW JIFFY LURE OIL CHANGE FACILITY WITH A VARIANCE FROM SECTION 25.28.060 ALLOWING A REDUCTION IN THE REQUIRED "DAYLIGHT TRIANGLE" SETBACK FROM 43'8" TO 24' AND A VARIANCE FROM SECTION 25.56.400 ALLOWING SERVICE BAYS TO FRONT ONTO A PUBLIC STREET. THE PROPERTY IS LOCATED AT 74-180 HIGHWAY 111. CASE NOS. PP/CUP 05-05 AND VAR 05-04 WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the 7"' day of March, 2006, hold a duly noticed public hearing which was continued to March 21, 2006, to consider the request by ERNEST RAMIREZ/JIFFY LUBE for approval of the above noted; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the Califomia Environmental Quality Act", Resolution No. 05-52, in that the Director of Community Development has determined that the project is a Class 32 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to approve the said request: FINDINGS FOR VARIANCES (ZONING ORDINANCE SECTION 25.16.050): 1. Requiring the daylight triangle setback on this property negatively impacts the proposed project creating a less desirable building design that will not adequately screen the service bays and will eliminate 19% of the build- able area making the project infeasible. 2. Three (3) streets affecting the build -able lot area and screening of the service bays surround the property. The daylight triangle setback requirement eliminates 19% of the build -able area of the property. 3. The loss of 19% of the build -able area negatively impacts this property and would deprive the applicant of more square footage that other properties would be entitled to the same vicinity and commercial zone. 4. Granting of the variance for the proposed Jiffy Lube oil change facility will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity. PLANNING COMMISSI_, RESOLUTION NO. 2381 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That the Planning Commission does hereby approve Precise Plan/ Conditional Use Permit 05-05 and Variance 05-04, subject to conditions attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21stday of March, 2006, by the following vote, to wit. AYES: CAMPBELL, TANNER, TSCHOPP, LOPEZ NOES: FINERTY ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELL, ecretary Palm Desert Planning Commission 2 PLANNING COMMISSL'iq RESOLUTION NO. 2381 CONDITIONS OF APPROVAL CASE NOS. PP/CUP 05-05 AND VAR 05-04 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development/Planning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable waste company and Department of Community Development and shall include a recycling program. 6. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape plan shall include a long-term maintenance program specifying among other. matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 3 PLANNING COMMISSIC, RESOLUTION NO. 2381 } 7. All sidewalk plans shall be reviewed and approved by the department of public works prior to architectural review commission submittal. 8. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, Fringe -Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees. 9. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. 10. The applicant shall work together with the adjacent property owner to the east to determine the height of a new block wall that shall be installed between the two properties. Department of Public Works: 1. All landscape maintenance shall be performed by the property owner. 2. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by the Department of Public Works prior to issuance of a grading permit. 3. Signalization fees, in accordance with City of Palm Desert Resolution Numbers 79-17 and 79-55, shall be paid prior to issuance of grading permit. 4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of building permit issuance. 5. A standard inspection fee shall be paid prior to issuance of grading permits. 6. Storm drain design and construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and .approved by the Department of Public Works prior to the start of construction. 7. Complete grading and improvement plans and specifications on electric files shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 8. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 9. Project shall retain nuisance water on -site. 10. Landscape installation shall be drought tolerant in nature. 11. Landscape plans shall be submitted for review concurrently with grading plans. PLANNING COMMISSi,N RESOLUTION NO. 2381 12. Full public improvements, as required by Section 26 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. 13. All public improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to the issuance of grading permits. No occupancy permits shall be granted until public improvements have been completed. 14. All public and private improvements shall be inspected by the Public Works Department. 15. Prior to start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination System (NPDES) General Construction Permits for storm water discharge associated with construction. Applicant shall contact Riverside County Flood Control District for informational materials. 16. Driveway leading to the frontage road shall be removed and replaced with sidewalk. Riverside Countv Fire Department: 1. With respect to the conditions of approval regarding the above referenced plan check, Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, appropriate NFPA Standards, CFC, CBC, and/or recognized fire protection standards: The fire department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per UFC Article 87. A fire flow of 1500 gpm for a 1-hour duration at 20-psi residual operating pressure must be available before any combustible materials are placed on the job site. 2. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of: a) 3000 for commercial structure. 3. The required fire flow shall be available from a wet barrel Super Hydrant 4"x2- 1/2"x2-1/2"), located not less than 25' nor more than 150' from any portion of a commercial building measured via vehicular travelway. 4 Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 61 PLANNING COMMISSIb RESOLUTION NO. 2381 5. Install a fire alarm system as required by the UBC Chapter 3. 6. Install portable fire extinguishers per NFPA, 10, but not less than 2A10BC extinguisher per 3,000 square feet and not over 75' walking distance. A X' type fire extinguisher is required in all commercial kitchens. 7. All buildings shalt be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn around (55' in industrial developments). Fountains or garden islands placed in the middle of these tum-arounds shall not exceed a 5' radius or 10' diameter. City standards may be more restrictive. 8. This project may require licensing by a state or county agency, to facilitate plan review the applicant shall prepare and submit to the Fire Marshal a letter of intent detailing the proposed usage and occupancy type. 9. All buildings shall have illuminated addresses of a size approved by the city. 10. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. 11. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. n CITY OF PRIM DESERT 73`510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-0611 FAX: 760 341-7098 info@pal m-deserc.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP/CUP 05-05 AND VAR 05-04 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by ERNEST RAMIREZ for JIFFY LUBE for approval of a precise plan of design and conditional use permit to allow a new Jiffy Lube oil change facility with a variance from Section 25.28.060 allowing a reduction in the required "daylight triangle" setback from 43'8" to 24' and a variance from Section 25.56.400 allowing service bays to front onto a public street. The property is located at 74-180 Highway 111. PPI CUP 146 AND VAR 0644 MAP HI 1 1 SANANRAMO NMY PAL IDESERTDR N \II 1111$84NDDOJ MeWer— snst SAID public hearing will be held on Thursday, May 11, 2006 at 4:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE KLASSEN, City Clerk May 1, 2006 Palm Desert City Council CITY of DESEPT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-0611 FAX: 760 341-7098 info@palm-desert, org PLANNING COMMISSION MEETING NOTICE OF ACTION Date: March 22, 2006 Mr. Ernest Ramirez 668 Pacific Coast Highway #517 Laguna, Beach, California 92651 Re: PP/CUP 05-05 and VAR 05-04 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its regular meeting of March 21, 2006: PLANNING COMMISSION APPROVED CASE NOS. PP/CUP 05-05 AND VAR 05-04 BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 2381, SUBJECT TO CONDITIONS AS AMENDED. MOTION CARRIED 4-1 (COMMISSIONER FINERTY VOTED NO). Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within fifteen (15) days of the date of the decision. Philip Drell, cretary .r Palm Desert anning Commission /tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal FAIWFo o0 team /AIH POSTED AGENDA PALM DESERT PLANNING COMMISSION MARCH 21, 2006 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 Nos. PP/CUP 05-05 and VAR 05-04 - ERNEST RAMIREZ, Applicant (Continued from March 7, 2006) Request for approval of a precise plan of design and conditional use permit to allow a new Jiffy Lube oil change facility with a variance allowing a reduction in the required "daylight triangle" setback from 43'8" to 24' and a variance allowing service bays to front onto a public street for property located at 74-180 Highway 111. Recommended Action: Move by _____, second by _____, approving the findings as presented by staff. Move by , second by adopting Planning Commission Resolution No. approving Case Nos. PP/CUP 05-05 and VAR 05-04, subject to conditions. B. Case No. PP/HPD 06-03 - RICK SOMERS CONSTRUCTION, INC., Applicant Request for a recommendation of approval to the City Council of a precise plan of design to allow a 10,521 square foot single family home within the Hillside Planned Residential zone for property at 623 Indian Cove within the Canyons at Bighorn. Recommended Action: 2 MINUTES PALM DESERT PLANNING COMMISSION Vi. ORAL COMMUNICATIONS None. VII. CONSENT CALENDAR None. Vlll. PUBLIC HEARINGS MARCH 21.2006 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 Nos. PP/CUP 05-05 and VAR 05-04 - ERNEST RAMIREZ, Applicant (Continued from March 7, 2006) Request for approval of a precise plan of design and conditional use permit to allow anew Jiffy Lube oil change facility with a variance allowing a reduction in the required "daylight triangle" setback from 43'8" to 24' and a variance allowing service bays to front onto a public street for property located at 74-180 Highway 111. Mr. Bagato reviewed the staff report and recommended approval. Commissioner Finerty asked for clarification. The service bays front on Cabrillo. Mr. Bagato said that was correct. Commissioner Finerty asked why they couldn't front east instead of west where there wasn't a street. Mr. Bagato said they looked at having two drives on Alessandro and the building would have to be pushed closer to the property line, and then there would have to be 24-foot drive aisles on both sides which would make a less desirable site design and wouldn't provide enough landscaping to meet the code. Gas stations and uses like this needed to provide 20% landscaping. Staff believed by pushing the building closer to Highway 111 and keeping a lot of the storefront architecture there would enhance the site. Also providing the landscaping closer to Alessandro and Cabrillo and closer to the residential area would work better. He said the other plan wasn't well designed. FA MINUTES PALM DESERT PLANNING COMMISSION MARCH 21.2006 Mr. Drell explained the other issue was in their system. They drive through the building and people coming from behind exit forward. They don't back out. Mr. Bagato indicated that's why there would be two driveways, which would take up a lot of land and asphalt. Commissioner Tschopp asked how important it was to have a drive -through. In old gas stations there are bays, you drive in and then back out. It looked like there was plenty of room to back out. Mr. Bagato said that was something they discussed early on and the applicant/Jiffy Lube felt it was very important to them. The applicant could comment on that as well, but it was something they talked about early in the process. Chairperson Lopez opened the public hearing and asked the applicant to address the Commission. MR. GEORGE PETTIS, 36167 Date Palm Drive in Cathedral City, came forward. He said Jiffy Lube's general contractor and architect were also present for any specific questions relating to design. To answer Commissioner Tschopp's questions, they were fortunate enough that their business was good so they have multiple customers at any time, so they stack the cars. They might have two in the bay at any one time and they perform service on both of those cars in the bay. In order to facilitate this, they come in and drive out. If they were pulling in and backing out, that would back up traffic into that area. Then they would have traffic backing up into the residential street. By allowing it come in on the residential street and go off onto Cabrillo, they would facilitate traffic patterns much quicker. He asked if there were any specific questions on design. Commissioner Finerty noted that Mr. Pettis said there could be two cars in the bay, so there was a potential of six cars in three bays. Mr. Pettis said potentially. That was the extreme. Commissioner Finerty said it was potential enough that they didn't want the cars to back up. Mr. Pettis said he certainly wouldn't want it and didn't think the City's traffic people would want people to back out, especially with the entrance coming in on the residential street. As part of this they were removing the driveway on the frontage road. That driveway was going 3 MINUTES PALM DESERT PLANNING COMMISSION MARCH 21.2006, away to force the customers off the Highway 111 visual and onto the other streets. That was requested by City staff. Chairperson Lopez asked if anyone wished to speak in FAVOR or OPPOSITION. MS. DEANNA GALE informed Commission that she works at the adjoining property next door. She had a question regarding how the in and out traffic would effect Cabrillo Avenue and the traffic flow on Cabrillo, because it gets quite congested as it is at times. With the potential to have six cars pulling out onto that street, it could present a real traffic jam. If they had been there to see how it flows, it gets pretty backed up at times. She thought that would be a real issue there. MR. JOHN MORGAN, the property owner to the east, J & E Automotive, said he has been there for 30 years now. One thing he needed to bring up was the water runoff. When it rains, the water comes down his driveway from Highway 111 toward Alessandro and he needed to be sure to have it open on both sides of the building for the water runoff. Otherwise, it would go straight into the building. They needed to make sure there was a natural water runoff there also. He was okay with the Jiffy Lube next door and it was fine. He had problems with the previous owner blocking it off and things of that nature. That's why he was glad he was gone. But they needed to be sure to get that in there. As far as design, he didn't see any other way to do it. He thought it was probably a pretty good design. But they definitely had to have some water runoff. He asked about a wall between their two properties. He asked if there was going to be something between the two. Chairperson Lopez asked if there had been any conversation regarding a wall. Mr. Drell presumed there would be a six-foot block wall. Mr. Pettis said there wasn't anything there right now. Staff indicated that it could be added. MINUTES PALM DESERT PLANNING COMMISSION MARCH 21.2006, Mr. Pettis asked if staff understood about the water runoff. Right now if they looked, it goes where the Texaco used to be and they still needed to have it open. Back in the day that's how they built buildings. They were down in a hole. Also, he has called the City over the past six months on every windy day because his shop fills up with sand, including today. There was nobody coming out putting up anything around the property at all. There was just dirt and sand blowing and that needed to be handled. There was no one else wishing to speak. Chairperson Lopez asked if Mr. Pettis wished to come forward to speak to the concerns. Mr. Pettis said regarding the blow sand, it had been treated and he shouldn't be having any more issues with it. He noted that there was an abandoned Texaco station there. After some months, they took the sign down and stripped it. They went through architectural review and eventually took the building down and was vacant. He reiterated that it had been treated and he shouldn't have any more issues with that. He said they were comfortable with whatever the Commission wanted them to do with the side wall. If that needed to be repaired or replaced, he didn't know who actually owned the wall or if there was joint ownership, but they would work with their neighbor to correct that. He said Ernie Ramirez is their contractor and he would address the drainage issue. MR. ERNEST RAMIREZ, 12188 Central Avenue in Chino, California, said they spoke with their neighbors regarding concerns with future drainage. They would present their drainage plan through their design engineer, who had also been made aware to look at his concerns to make sure they don't cause any problems and alleviate some of his problems. As long as it goes through the process and City engineering is okay with the layout and drainage pattern, he thought they would be okay. But they were certainly considering what he's mentioned. Chairperson Lopez noted that there was a question about the traffic and the impact on Cabrillo. Mr. Diercks didn't see it as a major impact. With three bays, they were probably talking about maybe four cars per bay and 12 cars an hour. That was a minimal impact on the street. MINUTES PALM DESERT PLANNING COMMISSION MARCH 21. 2006, Chairperson Lopez closed the public hearing and asked for Commission comments or action. Commissioner Campbell liked the design of the building, which would camouflage the bays. Also, the design of this building right on the corner would complement the building on the southeast corner, the One El Paseo building, because it was also massive in height. She moved for approval. Commissioner Finerty thought with the potential of six cars in three bays at any time that was the clear reason as to why Jiffy Lube preferred the bays facing west and not east. Facing east would comply with our ordinance. She thought this lot was too small for this use and that belief was substantiated by the request for two variances in order to make the project work. She thought our ordinance for the service bays not fronting on public streets was in the best interests of our city and believed it was a terrible precedent to set for a resort city to allow the project to move forward as is. She would definitely take a different look if the applicant was willing to have the bays face east, which would also comply with our ordinance. Commissioner Tschopp said it was a difficult lot and was such a great improvement over what was there that he thought it would work very well. He also sent his compliments to ARC. He thought they did a tremendous job making sure they got a very nice looking building on that corner. Again, it is a difficult lot and he believed the way Jiffy Lube works it will not have a negative impact on the neighborhood or on the access/egress from the service bays. Commissioner Tanner concurred with Commissioner Tschopp. He thought it would be a tremendous improvement. He has been in the Coachella Valley a long time and he could tell them that when a gas station was there, there were more than 12 cars an hour coming out on Cabrillo. He for one liked the project and would definitely be in favor as presented. Chairperson Lopez thought ARC did a great job and also complimented the architect for the amount of time and effort that went into the project itself. Obviously, they tried to convert the existing gas station and went through all the different changes, but said the end product was one that is very attractive. He liked the curve and the look of the building itself. He thought it made very good use of that corner that has long been a gas station. The landscaping of the area to the north looked great, so it would definitely be an 0 C- MINUTES PALM DESERT PLANNING COMMISSION MARCH 21.2006, improvement to what's been there before and was utilizing the best they could do with this particular location. He thought there was a need to add a condition pertaining the wall between the two properties. He thought they should add a six-foot block wall on the east side of the property to the conditions. Commissioner Campbell suggested that since it wasn't just for Jiffy Lube that it should be shared by the adjacent property owner. Mr. Drell informed them that they couldn't require it to be shared because the neighbor isn't asking for any permits. Typically in these situations people doing the development build the wall. Commission concurred. Mr. Drell asked if the wall would present any drainage problems there, although the construction of a wall would be consistent with the resolution of the drainage issue. Commissioner Tanner commented on the schematics being consistent also with the design plans. Mr. Drell agreed. He said it would be integral to the architecture. Commissioner Campbell questioned if Jiffy Lube wanted a wall if there wasn't a wall there now and if there had never been a wall, just a fence that had been torn down. She asked if they should put in a condition requiring them to install a wall. Commissioner Tschopp asked if they could modify the condition to state a wall acceptable to the City staff, whether six feet or four feet, something of that nature. Mr. Drell said yes. Commissioner Tanner asked if the wall was even something that J & E wanted. Mr. Bagato said that if anything, J & E would like a small retaining wall. It could be an open condition to be worked out with the neighbor. He just wanted something small because of the drainage. Mr. Drell said maybe something just high enough to screen cars in the parking lot. Mr. Morgan said something to divide the properties and he would maybe like a gate. There would be times they might need them to do repairs to go back and forth. He said that he was absolutely right about the traffic situation at Texaco with the traffic going left and right and this would be much better. Mr. Drell said the wall would be mutually agreed upon between the two parties. Commissioner Tschopp said that would be as approved by City staff. Mr. Drell said that was correct. Mr. Morgan said he was mostly concerned about the drainage of the water. it needed to go around his building like it has since 1957. I'I MINUTES PALM DESERT PLANNING COMMISSION MARCH 21.2006 Commissioner Campbell said the additional condition was included in her motion. Chairperson Lopez asked for a second to the motion. Action: It was moved by Commissioner Campbell, seconded by Commissioner Tschopp, approving the findings as presented by staff. Motion carried 4-1 (Commissioner Finerty voted no). It was moved by Commissioner Campbell, seconded by Commissioner Tschopp, adopting Planning Commission Resolution No. 2381, approving Case Nos. PP/CUP 05-05 and VAR 05-04, subject to conditions as amended. Motion carried 4-1 (Commissioner Finerty voted no). B. Case No. PP/HPD 06-03 - RICK SOMERS CONSTRUCTION, INC., Applicant Request for a recommendation of approval to the City Council of a precise plan of design to allow a 10,521 square foot single family home within the Hillside Planned Residential zone for property at 623 Indian Cove within the Canyons at Bighorn. Mr. Stendell reviewed the staff report. He recommended that Planning Commission recommend to City Council approval of the project. He noted that new Fire Department conditions were distributed and asked that they replace the ones that were included in the draft resolution. Commissioner Tschopp asked for confirmation that the existing pad was already rough graded to a 2,800 square foot pad as part of the Bighorn development prior to the hillside development plan. Mr. Stendell concurred, saying that was why it exceeds the 10,000 square foot maximum currently in place. Chairperson Lopez opened the public hearing and asked the applicant to address the Commission. MR. TYLER GAULLUADET, 2413 Camino Del Mar in Del Mar, California, came forward. He said he was present to answer any questions. LV 6� 4� � �µ , CITY OF PALM DESERT � DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: DATE: CASE NO: Planning Commission March 21, 2006 PP/CUP 05-05 and VAR 05-04 REQUEST: Approval of a precise plan of design and conditional use permit to allow a new Jiffy Lube oil change facility with a variance from Section 25.28.060 allowing a reduction in the required "daylight triangle" setback from 43'8" to 24' and a variance from Section 25.56.400 allowing service bays to front onto a public street. The property is located at 74-180 Highway 111. APPLICANT: Ernest Ramirez 668 Pacific Coast Highway #517 Laguna Beach, CA 92651 I. BACKGROUND: /� � Property Description: The commercial zoned (C-1) property, totaling 13,469 square feet, is located on the corner of Highway 111, Cabrillo Drive and Alessadro Drive. A Texaco Gas station use to occupy the site has been demolished. Adjacent Zoning And Land Use: North: R-3 (4) / Apartments South: C-1 / One EI Paseo Commercial Center East: C-1 / J& E Automotive West: C-1 / Miraleste Co. Real Estate C. Determination of Use: In December of 2004, staff presented to Planning Commission and City Council a request for a determination of use to allow a Jiffy Lube type facility in the C-1 zone as a conditional use. Both the Planning Commission and City Council determined that Jiffy Lube could be an acceptable use in the C-1 zone, subject to approval of a conditional use permit. STAFF REPORT �`` ' PP/CUP 05-05, VAR 05-04 MARCH 21, 2006 D. Sections 25.28.060 and 25.56.400: �' Section 25.28.060 states that corner lot buildings shall be setback a minimum of two feet for every foot of building height and shall not encroach into the daylight triangle. Section 25.56.400 states that automobile service bays shall not front onto a public street. II. PROJECT DESCRIPTION: The applicant is requesting approval of a precise plan, conditional use permit to allow a single-story, 2,048 square foot Jiffy Lube oil change facility with a variance from Section 25.28.060 reducing the required "daylight triangle" setback from 42' to 24' and from Section 25.56.400 allowing service bays to front onto a public street. The facility is designed with seven (7) parking spaces, three (3) service bays and an outdoor seating area. A driveway on Alessandro Drive provides access to the project. Site Plan: The proposed building is located towards the southwest with the storefront facing the frontage road and Highway wall that screen vehicles from Highway 111 is located property abutting the building. The outdoor seating area, decorative concrete, three (3) flagpoles and landscaping, adjacent to Alessandro Drive. Setbacks and Height: corner of the property 111. A 6' high stucco along the front of the which includes raised is north of the building The building setbacks vary between 9' and 15' from the front (frontage road) property line, 15' and 22' from the west side (Cabrillo), 57' from the rear (Alessandro), and 42' from the east side yard. The watl is setback between 7' and 11' from the front property line. The south end of building height varies between 16'10" and 21'10" and is setback 24' from the curb. Based on the 21'10" height, the building is encroaching into the 43'8" daylight triangle requirement. The north end of the building is 14'6" high and is setback 52' from the Cabrillo and Alessandro, complying with the 29' daylight triangle requirement. � STAFF REPORT � � PP/CUP 05-05, VAR 05-04 MARCH 21, 2006 Access and Parking: The main access driveway is located on Alessandro Drive. The driveway leads to the seven (7) parking spaces and three (3) service bays. Vehicles will exit onto Cabrillo Avenue where they can go towards Highway 111 or Alessandro Drive. Arch itecture: �... The building's contemporary architecture incorporates strong vertical and horizontal elements, curved walls, earthtone stucco colors and metal panels. On February 14, 2006, the Architectural Review Commission unanimously granted preliminary approval of the building design. Project Data: �STANDARD Height Front Setback C-1 Zt)NE 30' 5' 5' 5' (Cabrillo) / 0' 43'8" (north corner}/ 29' (south corner 10 20% PROJECT 17' to 22' 9' 57' 15' / 42' 24'152' 10 32% Rear Yard Setback Side Yard Setbacks Daylight triangle setback: Min of 2' for every foot of building height. Parking Landscaping III. ANALYSIS: The proposed architectural and site design will enhance the current site and provide for a high quality commercial project on Highway 111. The proposed use is consistent with the general plan and zoning goals and objectives. The project complies with all the development standards, except of the variances requested. Variance: The zoning ordinance states that variances "shall be granted only when, because of special circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification." Unlike other properties in the area, three (3) streets surround the property affecting fihe building design and screening of the service bays. Due to the property being surrounded by three (3) streets, the service bays cannot be completely screened. 3 STAFF REPORT � PPlCUP 05-05, VAR 05-04 MARCH 21, 2006 �� The project went through architectural review six (6) times to achieve a design that would enhance the site and draw attention away from the service bays. The current building and site plan design draws attention away from the service bays. Lowering the building height to 12' to comply with the 24' setback requirement will eliminate the strongest architectural features of the building creating less desirable design making the service bays more noticeable. Furthermore, to accommodate the building design as proposed the daylight triangle requirement eliminates 19% of the build-able lot area making the project infeasible. If the building was moved to comply with the 43'8" setback it will encroach into the daylight triangle requirement from Cabrillo Avenue and Alessandro. Drive. Findings for Granting a Variance: A. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the ordinance codified in this title. Requiring the daylight triangle setback on this property negatively impacts the proposed project creating a less desirable building design that will not adequately screen the service bays and will eliminate 19°/a of the build- able area making the project infeasible. B. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. Three (3) streets affecting the build-able lot area and screening of the service bays surround the property. The daylight triangle setback requirement eliminates 19% of the build-able area of the property. C. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same vicinity and zone. The loss of 19% of the build-able area negatively impacts this property and would deprive the applicant of more square footage that other properties would be entitled to the same vicinity and commercial zone. D. That the granting of the variance or adjustment will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. � �.,,_, STAFF REPORT PP/CUP 05-05, VAR 05-04 MARCH 21, 2006 � Granting of the variance for the proposed Jiffy Lube oil change facility will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity. IV. ENVIRONMENTAL REVIEW: The project is a Class 32, Categorical Exemption for the purposed of CEQA and no further review is necessary. VI. RECOMMENDATION: That the Planning Comm.ission adopt the findings and adopt Planning Commission Resolution No. , approving PP/CUP 05-05 and VAR 05-04, subject to conditions attached. VII. ATTACHMENTS: A. Draft Resolution B. Legal notice C. Comments from other departments D. ARC Notice of Action Prepared by: Q � �_ � Tony �agat`� Assistant Planner Reviewed and Approved by: , . .i ili Drell Homer Cro �� Direc�tor of Community Development ACM of Comm nity Development 5 � �. �. PLANNING C4MMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN/CONDITIONAL USE PERMIT TO ALLOW A NEW JIFFY LUBE OIL CHANGE FACILITY WITH A VARIANGE FROM SECTION 25.28.060 ALLOWING A REDUCTION IN THE REQUIRED "DAYLIGHT TRIANGLE" SETBACK FROM 43'8" TO 24' AND A VARIANCE FROM SECTION 25.56.400 ALLOWING SERVICE BAYS TO FRONT ONTO A PUBLIC STREET. THE PROPERTY IS LOCATED AT 74-180 HIGHWAY 111. CASE NOS. PP/CUP 05-05 AND VAR 05-04: WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of March 2006, hold a duly noticed public hearing which was continued to March 21St, 2006, to consider the request by ERNEST RAMIREZ/JIFFY LUBE for approval of the above noted; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act", Resolution No. 05-52, in that the Director of Community Development has determined that the project is a Class 32 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to approve the said request: FINDINGS FOR VARIANCE (ZONING ORDINANCE SECTION 25.16.050): A. Requiring the daylight triangle setback on this property negatively impacts the proposed project creating a less desirable building design that will not adequately screen the service bays and will eliminate 19% of the build- able area making the project infeasible. B. Three (3) streets affecting the build-able lot area and screening of the service bays surround the property. The daylight triangle setback requirement eliminates 19% of the build-able area of the property. C. The loss of 19% of the build-able area negatively impacts this property and would deprive the applicant of more square footage that other properties would be entitled to the same vicinity and commercial zone. D. Granting of the variance for the proposed Jiffy Lube oil change facility will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity. . �-.. .. PLANNING COMMISSI�N RESOLUTION NO. _ NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, Califomia, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That the Planning Commission does hereby approve Precise Plan/ Conditional Use Permit 05-05 and Variance 05-04, subject to conditions attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21Stday of March 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JIM LOPEZ, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission �a ,._, PLANNING COMMISSION RESOLUTION NO. __ � CONDITIONS OF APPROVAL CASE NOS. PP/CUP 05-05 AND VAR 05-04 Department of Communitv Development,: The development of the property shall conform substantiaily with exhibits on file with the Department of Community DevelopmentlPlanning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. Access to trash/service areas shall be placed so as not to conflict with parking areas. Said placement shall be approved by applicable waste company and Department of Community Development and shall include a recycling program. 6. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions. Applicant will enter into an agreement to maintain said landscaping for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The final landscape plan shall include a long-term maintenance program specifying among other matters appropriate watering times, fertilization and pruning for various times of the year for the specific materials to be planted, as well as periodic replacement of materials. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. �? PLANNING COMMISSION RESOLUTION NO. � 8. All sidewalk plans shall be reviewed and approved by the department of pubiic works prior to architectural review commission submittal. 9. The project shall be subject to all applicable fees at time of issuance of building permits including, but not limited to, Art in Public Places, Fringe-Toed Lizard, TUMF, School Mitigation and Housing Mitigation fees. 10. A detailed parking lot and building lighting plan shall be submitted to staff for approval, subject to applicable lighting standards, plan to be prepared by a qualified lighting engineer. Denartment of Public Works: 1. All landscape maintenance shall be performed by the property owner. 2. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by the Department of Public Works prior to issuance of a grading permit. 3. Signalization fees, in accordance with City of Palm Desert Resolution Numbers 79-17 and 79-55, shall be paid prior to issuance of grading permit. 4. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF) Payment of said fees shall be at the time of building permit issuance. 5. A standard inspection fee shall be paid prior to issuance of grading permits. 6. Storm drain design and construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to the start of construction. 7. Complete grading and improvement plans and specifications on electric files shall be .submitted to the Director of Public Works for checking and approval prior to issuance of any permits. 8. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 9. Project shall retain nuisance water on-site. 10. Landscape installation shall be drought tolerant in nature. 11. Landscape plans shall be submitted for review concurrently with grading plans. 12. Full public improvements, as required by Section 26 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. �! F PLANNING COMMISSICyN RESOLUTION NO. � 13. All public improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to the issuance of grading permits. No occupancy permits shall be granted until public improvements have been completed. 14. All public and private improvements shall be inspected by the Public Works Department. 15. Prior to start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination System (NPDES) General Construction Permits for storm water discharge associated with construction. Applicant shall contact Riverside County Flood Control District for informational materials. 16. Driveway leading to the frontage road shall be removed and replaced with sidewalk. Riverside Count� Fire Department: 1. With respect to the conditions of approval regarding the above referenced plan check, Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Codes, appropriate NFPA Standards, CFC, CBC, and/or recognized fire protection standards: The fire department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per UFC Article 87. A fire flow of 1500 gpm for a 1-hour duration at 20-psi residual operating pressure must be available before any combustible materials are placed on the job site. 2. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of: a) 3000 for commercial stru�ture. 3. The required fire flow shall be available from a wet barrel Super Hydrant 4"x2- 1/2"x2-1/2"}, located not less than 25' nor more than 150' from any portion of a commercial building measured via vehicular travelway. 4 Water plans must be approved by the Fire Marshal and include verification that the water system will produce the required fire flow. 5. Install a fire alarm system as required by the UBC Chapter 3. � r � PLANNING COMMISSIt��� RESOLUTION NO. 6. Instali portable fire extinguishers per NFPA, 10, but not less than 2A10BC extinguisher per 3,000 square feet and not over 75' walking distance. A"K" type fire extinguisher is required in all commercial kitchens. 7. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn around (55' in industrial developments). Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 5' radius or 10' diameter. City standards may be more restrictive. . 8. This project may require licensing by a state or county agency, to facilitate plan review the applicant shall prepare and submit to the Fire Marshal a letter of intent detailing the proposed usage and occupancy type. 9. All buildings shall have illuminated addresses of a size approved by the city. 10. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. 11. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. G CITY �F Ph��l DESERI 73-5�0 FRED WARING DR[VE PALM DESERT, CAL[FORNIA 92260-2S7a rEL:76o ;q6—o6�� Fnx: 760 ;4t-7og8 info�palm-deserc. org CITY OF PALM DESERT LEGAL NOTICE CASE NO. PPlCUP 05-05 AND VAR 05-04 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Paim Desert Planning Commission to consider a request by ERNEST RAMIREZ for JIFFY LUBE for approval of a precise plan of design and conditional use permit to allow a new Jiffy Lube oil change facility with a variance from Section 25.28.060 allowing a reductian in the required "daylight triangie" setback from 43'8" to 24' and a variance from Section 25.56.400 allowing service bays to front onto a public street. The prope�ty is located at 74-180 Highway 111. / PPlCUP 06-0� AND VAR � � I � s�H wuewo rwr � � � -- — ----� � I � I w�u�ot�wrae K l7AT[ MWY 11. INAP � � � � n�+.easra �s�s�a �aa�w� i��i � iY+ RIiMpESE1rTOR i '� � � � •— A SAID public hearing will be held on Tuesday, March 21, 2006 at 6:00 p.m. in the Council Chamber at the Paim Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, Califomia, at which time and place ali interested persons are invited to attend and be heard. Written comments conceming all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information conceming the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Pianning Commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Sun PHIL DRELL, Secretary March 10, 2006 Palm Dese�t Planning Commission � � `.. CITY OF PALM DESERT INTEROFFICE MEMORANDUM TO: FROM: SUBJECT: DATE: ( _... � Department of Community DevelopmenUPlanning Attention:Tony Bagato RE C E I��� MAY232�15 Mark Greenwood, City Engineer PP 5-5 Jiffy Lube at Hwy 111/Cabrillo May 12, 2005 COMMUtr'ITY DEVELOPMENT DEPARTMEHT CITY OF PALM DESERT The follawing shouid be considered conditions of approval for the above-named project. GENERAL REQUIREMENTS 1. All landscape maintenance shall be performed by the property owner. 2. A complete preliminary soils investigation, conducted by a registered soils engineer, shail be subrnitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. � BONDS AND FEES 3. 4. 5. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of grading permit. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF). Payment of said fees shall be at the time of buiiding permit issuance. A standard inspection fee shall be paid prior to issuance of grading permits. DESIGN REQUIREMENTS 6. Storm drain design and construction shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. 7. Complete grading and improvement plans and speci�cations on electronic files shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. �� �- ..;, . �,,��, �. � . 8. Any and ail offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. g. Project sha11 retain nuisance waters on-site. 10. Landscape installation shall be drought tolerant in nature. 11. tandscape plans shall be submitted for review concurrent{y with grading plans. 12. Full pubiic improvements, as required by Section 26 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. CONSTRUCTION REQUIREMENTS 13. All public improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. No occupancy permit shafl be granted until public improvements have baen completed. 14. All public and private improvements shall be inspected by the Public Works Department. 15. Prior to the start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works af intended compliance with the National PoNutant Discharge Elimination System (NPDES) General Construction Permit for storm water discharges associated with construction. Developer must contact Riverside County Flood Control District for informational materials. OTHER REQU{REMENTS 16. Driveway leading to the frontage road shall be removed and replaced with sidewalk. � Mark Greenwood, P.E. � av Y 1.:1��71LL' L.V V 1V ! �' � FIRE DEPARTMEN '� In cooperation with the California Department af Forestry and Fire Protection 73710 Fred Waring Dr. �k102 • Palm Desert, Calitomfa 922B0 •(760) 346-1870 . Fax (760) 779-1959 �y �,8 �e � Cove Fire Marshal's Ofiice ��� 73710 Fred Waring Drive #102 areas of Riverside palm Desert CA 92260 county and tl�e 760 346-1870 Cities of: ( � ' �B /�� � /sea�mnont TO: � Calimesa C75 "�"� S�� �uV O �'a/ Canyon Lake REF: �Q � coac�ella If circled, conditions aoolv to nroiect 0 Desest Hot Springs a� lndian Wells � lndio a Lake Elsinore .� La Quinta a Ntorceno valley � Palm Dese�t � Pearis � Raacho Mirage � San 7acinto � Temecula �a oes���� Bob Buster, Distrid 1 John Tavaglione, Disttid 2 fim Ve�able, Distrid 3 �oy w��, Dishict 4 darion Ashley, District 5 DATE; � %�j�r%�S � ��� o��' With respect to the conditions of approval regarding the above referenced project, the tire department recommends the following tire protection measures be provided .in accordance with City Manicipat Code, NFPA, CFC, and CBC or any recognized Fire Protection Standards: Tlte Fire Department is required to set a minimum tire flow for the remodel or construction of all buildin�s oer UFC article 87. A fire flow of 1500 gpm for a 1-hour duration at 20 psi residaal pressure must be availa6le before any combustible material is placed on the iob site. Provide or show there exists a water system capable of prnviding a gpm flow of: 1500 gpm for single family dwellings 2500 gpm for multifamily dwetling� 3000 �pm for commercial buiidings The required fire flow shalt be available from a wet barrel Super Hydrant (s) 4"a 2 y:" a 2'/:", located not tess than 25' nor more than: 200' from any portian of a single family dwelling measured via vehicular travelway 165' firom any portion of a multifamily dwelting measured via vehicular travetway 150' from any portion of a commerciat building measured via vehicular f,ravelw�v Water ptans must be approved by the Fire Marshal and include verification that the water system will nroduce the reauired fire ftow. ; (�.�' � i � 1 ' 2. I 3. � 5 6. 7. I� Craig AMtwny Fire Chief l .,. � . �• .. . �� t �. I0. 11. 12. - �1� 14. 15. 16. 18. 19. 20. Please be advised the proposal project may not be feasible since the existing water mains wil! not meet the required fire flow. , Iastall a complete NFPA 13 fire sprinkler system. This applies to all buildings with a 3000 square foat totat cumulative floor area. The Fire Marshal shall approve the tocations of ail post indicator valves and fire department connections. Alt valves and connections shali not be less than 25' from the building and within 50' of an approved 6vdrant Eaempted are one and two famitv dwetlings. Atl valves controlting the water supply far automatic sprinkler systems and Water-tlow switc6es shal! be monitored and alarmed oer CBC Chaater 9. , Instal! a fire alarm system as required bv the UBC Chaater 3, Install portable fire eatinguistiers per NFPA 10, but not less than one 2AlOBC extinguisher per 3U00 square feet and not over 75' walking distance. A"K" type fire eatin�uisher is reauired in all commercial kitchens. Install a Hood/Duct automatic fre eztinguishing system per NFPA 96 in all public and orivate cooking auerations exceot sin�le-familv residential usa�e. Instatl a dust collecting system per CFC Chapter 76 if conducting an aperation that aroduces airborne partictes. All building shalt be accessible by an al!-weather raadway eateuding to within 1S0' of all port+ions of the eaterior walls of the first story. The roadway shall not be less than 24' of unobstructed width and 13' 6" of vertical clearance. Where parallel parking is required on bath sides of the street the roadway must be 36' wide and 32' wide with parkiag on one side. Dead-end roads in ezcess of 150' shatl be provided with a minimum 45' radius turn-around, 55' in industrial deveiouments. Whenever access into private praperty is controlled through use of gates, barriers or other means provisians shall be made to install a"Knox Box" key over-ride system to allow for emergency vehicte access. Minimum gate width shall be 15' with minimum vertical clearance of 13'6". A dead end single access over 50Q' wilt require a secondary access, sprinklers or other mitigative measures approved by the Fire Marshal. Under no circumstance shafl a dead end over 1300' be accented. A second access is required. This can be accompiished by two main access points from a main roadwav ur a eme enc ate from an adioinin� develooment. � 21. 22. 23. 24. 25. � This project may require liceasing by a state or county agency, to facilitate plan review the applicant shall prepare and submit to the Fire Marshal a letter of intent detaitin� the urnoosed usa�e and occuoancv riae. All buildin�s shali have illuminated addresses of a size auarnved bv the citv. All fire sprinkler systems, fiaed fire suppression systems and alarm plans must be submitted seqaratety to the Fire Marshal for aaproval prior to construction. Conditions subject to c6ange with adoption of new codes, ordinances, laws or when buildin� nermits are not obtained within twelve months. All elevators shall be minimum gurnev size. All questions regarding the meaning of these conditions should be referred to the Fire Marsh�i's Office at (760) 346-1870 in Palm Deser� Location: 73710 Fred Warin� Drive #102. Palm Desert CA 92260 Other: l' °Z"' --(i'L�� �-� .�i� .�-�''`� --7��"' i�i��� ,�,� �--�_ �.�-- ��-G-� l/(.y/� � �J� / Sincerely, David A. Avita Fire Marshal � � (,. � _�. �� CITY Of rfllf� DESERT 73—SZO FRED WAR[NG DRIVE PALM DESERT, CALIFORNIA 922C)0-25�5 TEL: 7G0 346-o6i i Fnx: 760 340-0574 info�palm-desert.org PLANNING COMMISSION MEETtNG NOTICE OF ACTICIN Date: December 8, 2004 Mr. Jeffrey E. Langan Tibarom Inc. 668 North Coast Highway, No. 517 Laguna Beach, California 92651 Re: Determinatian of Use The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its regular meeting of December 7, 2004: PLANNING COMMISSION, BY MINUTE MOTION, DETERMINED THAT A JIFFY LUBE TYPE OF FACILITY COULD BE AN ACCEPTABLE USE IN THE C-1 Z�NE, SUBJECT TO APPROVAL OF A CONDfT10NAL USE PERMIT. MOTION CARRIED 5-0. Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within fifteen (15) days of the date of the decision. `----•�'"`�, , r �� Philip Drell, S cretary M. .�'' Palm Desert P nning Commission /tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal � d► � � >AINI[OOM AE[Y(LEO PAIfA ��<e.., �. �. < CITY �F PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT_ MISCJINFORMATIONAL ITEM TO: City Council FROM: Tony Bagato, Assistant Ptanner �ATE: December 7, 2004 SUBJECT: Confirmation of a determination of use to add a Jiffy Lube type business to the list of conditional uses in the C-1 zone. CONTENTS: Recommendation Executnre Summary Discussion � Tibarom Inc. letter requesting the determination of use Recommendation: That the City Council confirm the Planning Commission decision, determining that a proposed Jiffy Lube operation can b�e considered as a conditional use in the C-1 zone. Executive Summary: 4n December 7, 2004, the Planning Commission wilf discuss and make a determination of use for the existing Texaco gas station on Highway 11'E. Tibarom Inc. is requesting staff to process a conditiona! use permit applicatior� to allow a Jiffy Lube with a DMV satellite office on Highway 111. Currently, the C-1 zone allows automobile service stations as a conditional use. a Jiffy Lube type business does not meet the zoning ordinance. definition of a service station. However, from an urban design and land use point of view, a Jiffy Lube can meet the same goals, objectives and design standards of a gas station. If, the Jiffy Lube is determined to be an acceptable as a conditinnal use, a separate precise plan and conditionaf use application will be filed and a public hearing wilt follow. aiscussion: Tibarom Inc. currentfy owns and operates the two existing Jiffy Lubes in Palm Desert located on Washington Street and Fred Waring Drive. They have entered into a�ontract to purchase the existing Texaco service station located at 74-180 Highway 111 and are interested in changing the service station into a three (3) bay Jiffy Lube that will also function as a satellite office for the State Department of Motor Vehicles (DMV), which provides smog checks and vehicle registration renewals. As part of the use change, the existing building will be demolished, the underground petroleum tanks will be removed, and the property will be redesigned with a new site, building and {andscape design. t _ `� � � STAFF REPORT � DETERMINATION OF USE DECEMBER 9, 2004 The property is zoned C-1, generai commercial. it is surrounded by R-3 zoning to the north and C-1 zone to the south, east and west. The general commercial zone allows automobile service stations located on State Highways and major arterial streets as a conditional use permit. The zoning ordinance defines a service station as: "A retail place of business engaged primarily in the sale of motor fuels and supplying only those incidental goods and services which are required in the day-to-day operation of automotive vehicles and motorist needs." Jiffy Lube does not meet the definition of a service station and is not listed as a conditional use in the C-1 zone. However, from an urban design and land use point of view, a Jiffy Lube is no different than a gas station. It can meet the same goals, objectives and design standards of a gas station. Section 25.74.010 (Determination of Use Not Listed) states that the Planning Commission shall determine a use not specifically listed as a permitted use or conditional use in any on.e or more districts on the basis of similarity of uses specifically listed. Tibarom Inc. is requesting staff to process a conditional use permit application to allow a Jiffy Lube with a DMV satellite office on Highway �111. If the Jiffy Lube is deemed a conditional use, a separate application and public hearing will follow. Submitted By: � � � 7 � r r..�,v� Tony Bagato % Assistant Planner Services Department Head: . Phil Drell Director of Community Development CITY COUNCI�TION: APPRO`TED DENIED RECE IVED QT�g A�ETTN ,�- -�c , ?IYES ; �y ( � "JOES : !�l , ,.. �,BSENT: . � �� , �BSTAIN � , ��`'�-- • � � VERI F SED BY :, l,t 1�,. / Yh,t-,�v� ' Qric�?.n�1 nn �`i1A wi�h�r#t-�► r+�..ru�.. n.c�a, Approval: � � ! F r �. . � »� GIjY 0���at�l 73-510 FRED WARING I�RIVE PALM I.IESERT, CALIFORNIA 92260-25y8 T�,: �60 346—o6cz F.4x:76o 34t-7oq8 info@palm-desert.org D�S�R1 ARCHITECTURAL REVIEW CCIMMISStON ACTION CASE NO.: PP 05-05/CUP 05-01 APPLICANT �AND ADDRESSI: ERNEST RAMiREZ, 668 N. Pacific Coast Highway, Suite 517, Laguna Beach, CA 92651 NATURE OF PROJECT/APPROVAL SOUGHT: Request approval of revised elevations and color board for the conversion of existing Texaco gas station to a new Jiffy Lube drive through facifiiy. LOCATiON: 74-18� Highway 119 ZONE: C-1 Upon reviewing the pians and presentations submitted by staff and by the appticant, the Architecturaf Review Gommission granted preliminary approval of archite+cture onty, subject to changes discussed with the architect. Date of Action: February 14, 2006 Vote: Motion carried 6-0-0-1 with Commissioner Lopez absent. (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within �fteen (15) days of the date of the decision. Any amendments to this approved pian would need to be re-submitted to Commission for approval.) STAFF COMMEMTS: {t is your responsibility to submit the pians approved by the Architectura{ Review Commission to the Department of Building and Safety. CONTINUED CASES: In order to be placed on the next meeting's agenda, new or revised p{ans must be submitted not later than 9:00 a.m. the Monday eight days prior to the next meeting. February 14, 2006 ?� � PAINI[� ONIE(YQEO tAHA t-- � � �- � {�� � ARCHITECTURAL REVIEW COMMISSION FEBRUARY 14, 20U6 MINUTES approval of the landscape pian. Motion carried 6-0-0-1 with Commissioner Lopez absent. 8. CASE NO.: PP 03-11 APPLICANT (AND ADDRESSj: THE EVANS COMPANY, 74-000 Country Club Drive, Suite H-2, Palm Desert, CA 92211 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of elevations for buildings 2A and 2B at The Village at University Park. LOCATION: 37-825 Cook Street ZONE: PCD Actlon: Commissioner Hanson moved, seconded by Commissioner Lambell for final approval by minute motion. Motion carried 5-0-1-1 with Commissioner Vuksic abstaining and Commissioner Lopez absent. B. Preliminary Plans /1.? 1. CASE NO.: PP 05-051CUP 05-01 'v�� APPLICANT (AND ADDRESSI: ERNEST RAMIREZ, 668 N. Pacific Coast Highway, Suite 517, Laguna Beach, CA 92651 NATURE OF PROJECT/APPROVAL SOUGHT:, Request approval of revised elevations and color board for the conversion of existing Texaco gas station to a new Jiffy Lube drive through facility. LOCATION: 74-180 Highway 111 ZONE: C-1 Commissioner Vuksic stated that there are some items that need clarification, but the overall project looks great. He thanked Burt Tarayao, project architect, for providing the sections, which were useful. In section C, the glass in the customer lounge is shown flush to the exterior wall, but I don't think it is. Mr. Tarayao stated that the windows will be inset. Commissioner Vuksic stated that in section A in the G:PlanninglDonna QuaiverlwpdocsWgmin1AR060214.MIN 6 , , �� � �� � � ARCHITECTURAL REVIEW COMMISSION FEBRUARY 14, 2006 MINUTES customer lounge there's glass that's flush to the wail and asked the architect if he could bring the soffit out six more inches to get some reveal. Mr. Tarayao agreed to add a projection to add shadow lines. Commissioner Vuksic stated that the south elevation has some wall space above the storefront glass that goes to the ground and it looks like it's flush with the glass. Mr. Tarayao stated that it's recessed. Commissioner Vuksic stated that section D doesn't show that recess. Commissioner Hanson suggested dropping the soffit. Commissioner Vuksic concurred and commented that it's important for the glass to line up. Don't leave a flat spot that would look like you intended to put glass there but the contractor forgot because that's what it looks like. Mr. Bagato showed the commission alternative exterior colors for their review. The drawing shows a steel color. The altemate is more of a warmer color in the brown range. Commissioner Lambell commented that she liked the warmer color better. Mr. Bagato asked the commission about the proposed signage. Jiffy Lube usually uses red lettering, but they're proposing a cherry cola color for the letters. Commissioners Hanson and Vuksic commented that the color looks very nice. Mr. Tarayao asked which color the commission would prefer. Commissioners Vuksic and Lambelf commented that they like the warmer color. Mr, Smith stated that the architect has the ability to ask the commission to change the color when working drawings are submitted for final approval. Commissioner Hanson stated that it is a building that's related to automobiles, so the steel color might be appropriate. Action: Commissioner Vuksic moved, se�conded by Commissioner Lambell for preliminary approval of architecture only, subject to changes discussed with the architect. Motion carried 6-0-0-1 with Commissioner Lopez absent. 2. CASE NO.: PP 04-13 APPLICANT fAND ADDRESSI: LOWE'S HOME IMPROVEMENT, 35- 850 Monterey Avenue, Palm Desert, CA 92211 NATURE OF PROJECTlAPPROVAL SOUGHT: Gomments on proposal of outdoor display of inerchandise. G:PlanninglDonna Qua(ve�lwpdocslAgmin1AR060214.MIN 7 �- �- ci1Y oF ��.���� a�s��1 �j-510 FRED WARING DR1VE PALM DESERT, CALIFORNIA 92260-25�8 T�.: 760 346—o6ii January 10, 2006 FAx: 760 34�-7og8 i a fo@ p al m-d ese rc. o rg ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO.: PP 05-05/CUP 05-01 APPLICANT �AND ADDRESSI: ERNEST RAMIREZ, 668 N. Pacific Coast Highway, Suite 517, Laguna Beach, CA 92651 NATURE OF PROJECT/APPROVAL SOUGHT: Request approval of revised elevations for the conversion of existing Texaco gas station to a new Jiffy Lube drive through facility. LOCATION: 74-180 Highway 111 ZONE: C-1 Upon reviewing the plans and presentations submitted by staff and by the applicant, the Architectural Review Commission continued the request to allow the applicant to retum with (1) revised plans that show the finished details, per the changes that were made by the commission at the meeting, and (2} resubmit a more appropriate color palette suitable to the desert. Date of Action: January 10, 20I?6 Vote: Motion carried 7-0. (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be re-submitted to Commission for approval.) SiAFF COMMENTS: It is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. CONTINUED CASES: In order to be placed on the next meeting's agenda, new or revised plans rnust be submitted not later than 9:00 a.m. the Monday eight days prior to the next meeting. E°, j ninEoa�urao�ru �^ ARCHITECTURAL REVIEW COMM{SSION JANUARY 10, 2046 M{NUTES 4 �. Commissioner Vuksic commented that he was trying to visualize a huge wall with a mural �on it and a roof or create the wall so tall that you don't even see the roof. The applicant displayed samples of the 3-D panels for the commissioners to view. Mr. Drell asked if the applicant had any pictures of murals that had been done using the 3-D panels. Mr. Murphy stated that he has used this product on walls that are 30' high on buildings in Rancha Mirage on Naranda Patel's building. It has a raked horizontal pattern. Commissioner Vuksic stated that it might be safer to make it look like a mural of a building, as opposed to making it so huge that it's screening the building. It might look big and flat and very odd. 1'd rather see the roof over the top of it and make the mural a little smaller. Commissioner Hanson asked the applicant to give the commission a sense of what it's going to look like and some options. I understand the concept, but am concerned about the execution. Ac#ion: Commissioner Lambell moved, seconded by Commissioner Vuksic to continue the request to allow the applicant to return with (1) revised elevations that show the ends of the garages, sections and dimensions showing distance to the curb, and (2) exhibits that show what it will look like. Motion carried 7-0. B. Preliminary Plans ,i1.� 1. CASE NO.: PP 05-051CUP 05-01 ��� APPLICANT (AND ADDRESSI: ERNEST RAMIREZ, 668 N. Pacific Coast Highway, Suite 517, Laguna Beach, CA 92651 NATURE OF PROJECTIAPPROVAL SOUGHT: Request approval of revised elevations for the conversion of existing Texaco gas station to a new Jiffy Lube drive through facility. LOCATION: 74-180 Highway 111 ZONE: C-1 G:Planning\Donna QuaiverlwpdocslAgmin1AR060110.MIN g �_`. ` ry ARCHITECTURAL REVIEW COMMISSION JANUARY 10, 2006 MINUTES Mr. Bagato stated that the architect has finro options for the commission to review. I recommend option B. The colors need to be changed to be more compatible with the desert. Commissioner Hanson concurred. Commissioner Van Vliet asked about the purpose of the height of the building. Mr. Bagato stated that they have a 30' height limit and they're proposing a 21' roof height. Commissioner Lambell asked about the wall on option A. Mr. Bagato stated that the wall that screens the bays might cause a visibility problem for people driving out of the bays onto the street. Commissione� Van Vliet asked about the finish and wondered if it was going to be smooth plaster. Burt Tarayao, architect, was present and stated that it will be a hand-troweled finish. Commissioner Van Vliet was concerned that the finish might crack. Mr. Tarayao stated that he's intending to have expansion joints to break up the la�ge area of ptaster. Commissioner Gregory was concerned about the elevation as viewed from Alessandro. The other elevations are quite attractive. Commissioner Vuksic stated that the elevations are a huge improvement to the previous submittals. However, there are certain elements that don't have any architectural reason to be there. Changes were made on the, plans by the commissioners to illustrate the detai(s that haven't been finished and showed how they should be finished. Commissioner Hanson suggested changing the colors to more of a desert palette.with warmer colors. Action: Commissioner Vuksic moved, seconded by Commissioner Lambell to continue the request to allow the applicant to retum with (1) revised plans that show the finished details, per the changes that were made by the commission at the meeting, and (2} resubmit a more appropriate color palette suitable to the desert. Motion carried 7-0. 2. CASE NO.: PP 05-29 APPLICANT (AND ADDRESS): PREST-VUKSIC ARCHITECTS, 44- 530 San Pablo Avenue, Suite 204, Palm Desert, CA 92260 G:PlanninglDonna QuaiverlwpdocslAgminWR060110.MIN 9 ��. C11Y 0� �lf� '73-51 O FRED Vf%ARING �RIVE P'ALM DESERT, CAL[FORNIA 92260-257a TEL: �60 346—o6iz September 13, 2005 Fax: 760 34�-7a98 info@palm-deserc.org �ES�R1 ARCHtTECTURAL REVIEW COMMISS{C31V ACTIt�N CASE NO.: PP 05-05/CUP 05-01 APPLICANT IAND ADDRESS): ERNEST RAMIREZ, 668 N. Pacific Coast Highway, Suite 517, Laguna Beach, CA 92651 NATURE OF PRt�.lECT/APPROVAL SOUGHT: Request approval of revised etevations for the conversion of existing Texaco gas station to a new Jiffy Lube drive through facility. � LOCATION: 74-� 84 Highway 111 ZONE: C-1 Upon reviewing the plans and presentations submitted by staff, the Architectural Review Commission denied the request due to (1) the overall design is flat, lacking detail and massing, (2) roli-up doors front onto a public street, which is prohibited in the C-1 zone and the architectural design does not merit a variance, and (3) the proposed building design is not acceptable on Highway 111. Date of Action: September 13, 2005 Vote: Motion carried 5-0-0-2 with Commissioners Van Vliet and Lopez absent. (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date ofi the decision. Any amendments to this approved plan would need to be re-submitted to Commission for approval.) STAFF COMMENTS: It is your responsibility to submit the pians approved by the Architectucai Review Commission to the Department of Building and Safety. t.l nixrto cx etna[o �un .. �` ARCHITEGTURAL REVIEW C4MMlSSION SEPTEMBER 13, 2005 MlNUTES � T. CASE NO.: PP p5-05lCUP 05-01 f �_ APPLtCANT (AND ADDRESSI: ERNEST RAMIREZ, 668 N. Pac�c Coast Highway, Suite 517, Laguna Beach, CA 92651 NATURE OF PROJECT/APPRfJVAL SOUGHT:, Request approvai of revised elevations for the conversion of existing Texaco gas station to a new Jiffy Lube drive through facility. � L.00ATIC�N: 74-1 SO Highway 111 ZONE: C-1 Mr. Bagato stated that initially when this project came to us we were toMd that we were going to get an exceptionat project to replace the previous design. Unfo�tunately, l stiil don't think that the project is going to warrant the approval of an exception for the conditional use. We wouid aiso have to make a finding for the variance foc the roll-up doors facing the street. This site requires a high quality project with a high-quality design to meet the s#andards of the zone. Commissioner Hanson the roil-up doors on i variance, and (2) the i zone. stated that the issues are: (1) In order to have �e street side they would have to receive a se was not specifically a permitted use in this Mr. Bagato stated that when this project went to the Planning Commission we were told that it was going to be a great enhancement to the existing site. We gave them the opportunity to appty for a conditional use permit and to try and get it approved based on the overall enhancement to the area. Emest Ramirez, appiicant, was present and stated that based on the comment that was made by the representative for planning. This is the third time before the ARC. We're presenting something that we felt was a design that we could work with and, hopefully, that you could work with. Our �rst attempt was to remodei the existing structure, which feli short of any af the site planning or elevations. The second attempt was for a traditional Spanish-style building, but this seemed to fall short also on the articulation of the architecture. We've come back with a more contemporary project. The site plan is not going to change because it seemed to be satisfactory the first time around. We've reduced the size of the screen walls near the parking lot. We don't have a screen on the frontage for the roll-up doors because that's our only exit. We've eliminated all the other drive throughs. We thought G:P{anninglDonna G�uaiverlwpdocs�Agmin1AR050913.MiN 19 �� \ ARCHITECTURAL REVIEW COMM{SS{ON SEPTEMBER 13, 2005 MINUTES we came back with a pretty presentable building for the type of use that we're presenting. When you say that we're still "faliing short of the architecture" i thought that we did pretty good on this attempt. The windows are symmetrical. We've changed the function a little bit on the interior of our space to make that happen. We think we've got a good product here for that location. We did go to the Planning Commission about the use issue and the City Council to get thei� feel for what they would be, looking for and their approval for the use before we closed on the property. After getting their "nod" and their " yes� we'll support it" we went forward and purchased the property decided to tear down the ugly-looking structure that's there now and put up something that's much more superior. The area is pretty bad and this will be much better than what's next door to us. Mr. Drell commented that all that was approved by the Planning Commission and the City Council was the ability to appiy for the use. It wasn't support for the use. Mr. Ramirez stated that there's no# a lot of articulation on the rolt-up doors on the exit side, but they're roll-up doors. !t's part of the function of the facility. Commissioner Hanson stated that it can be beautiful and functional. It can be architectural and functional. You can have both. It doesn't have to be mutually exclusive. I think that if you want to have the doors on the street, why couldn't they be set back slightly so that you actually get some shadow lines. The twafoot eyebrow really isn't going to do much of anything. Mr. Ramirez commented that Commissioner Hanson was at the last meeting when their elevations had a structure that extended 12' out. We've removed it since. Commissioner Vuksic stated that he was frustrated because somehow I just don't think that we're communicating. 1'm not sure if this design would pass muster as an industrial building i� an industrial zone and yet we're looking at it on Highway 111. The current Ware Malcolm submittal is a tilt-up office/industrial project and it's quite superior to the Jiffy Lube submittal. I just don't know what to say. Mr. Ramirez stated that Ware Malcolm has a lot more volume to work with. Mr. Drell stated that we've gotten drive-through restaurants that are probably 2,00�- 3,000 square feet that incorporate a lot of architecture. ln order to get drive-through restaurants approved, they don't just expect something that's "presentable". They expect something more than presentable. What you're hearing typically from this commission is ra#her moderate in comparison to what the Council has judged these sorts of projeets as. ' G:PlanninglDonna QuaiverlwpdocslAgmin1AR050913.MIN 2� �,_ �_: ARCHITECTURAL REVIEW COMMISSION SEPTEMBER 13, 2005 MiNUTES Commissioner Vuksic commented that simple architecture is okay, but sirnple it tough to do. Simple has to be brilliantly done. It's actuaNy easier to articulate a building than make it simple and beautifui. Commissianer Gregory stated that the applicant seems to be "swimming against the tide and you don't know how to swim". You're not the architect on the building, but if you were an architect you'd be more used to this kind of review process. Mr. Ramirez stated that he is an architect. Commissioner Gregory stated that he should be used to this kind of flack. Mr. Ramirez commented that he's bui{t a hundred of these things and designed a hundred of these things. Commissioner Gregory stated that he hasn't designed one an the main drag of Pafm Desert. Mr. Ramirez stated that he's done Jiffy Lubes in downtown lrvine. Commissioner Hanson stated that irvine is totally different from Patm Desert. Commissioner Gregory stated that what everyone is trying to say is that for this iype of use on the main drag in Palm Desert, you can't just do something that's good. It's got to be exceptional, especially for this type of use. Also, you're requesting doors that face the street, which is against the ordinance. You're bucking quite a tide here. What that means is that you've got a tough chailenge on this job. i'm not sure if you understand. Mr. Ramirez stated that he's also one of the developers and financially sensible to the whole project. We're trying to take everything into account. Obviously, the first time around didn't work out. Commissioner Gregory stated that he hoped that it was clear to him and was hoping that it sinks in that we're not picking on you. It seems that way but this is going to be very challenging. Mr. Ramirez stated that he understood and that's why he went to the City Council and the Planning Commission �rst befoce we even attempted to c{ose on the deat, because it was questionable based on the use. They don't want this type of use. Right off the bat we're approaching something that they don't want there in the first place. Commissioner Gregory asked if Mr. Ramirez wants to take the extra effort and expense in making this work or to not want to and then we might do you a favor by turning you down because then you can appeal our decision and attempt to move forward. We're not doing you a favor by constantiy continuing your case. Right now {'m not sure if that's helping you. Mr. Drell commented that if the applicant has gone as far as he can with the architecture then the best thing would be to get a decision from the ARC and move down the line. Mr. Ramirez stated that he is prepared to move down the line. Mr. Drell commented that if a substantially different style of archite�ture is presented to the Planning Commission, then it may be referred back to the ARC for G:PlanninglDonna QuaiverlwpdocsWgmin1AR050913.MIN 21 ( ... �. .. � �. ARCHITECTURAL REVIEW COMMISSION SEPTEMBER 13, 2005 MINUTES comment. Mr. Ramirez commented that he didn't think that there wouldl be a drastic change as far as design. Action: Gommissioner Gregory moved, seconded by Commissioner Oppenheim to deny the request due to (1) the overail design is flat, lacking detaii and massing, (2) roll-up doors front onto a public street, which is prohibited in the C-1 zone and the architectural design does not merit a variance, and (3) the proposed building design is not acceptable on Highway 111. Motion carried 5-0-0-2 with Commissioners Van Vliet and Lopez absent. C. Miscellaneous 1. CASE NO.: MISC 05-32 APPLIGANT (AND ADDRESSI: RtDGE LUNDWO�L, 17 Woodside Court, San Anse{mo, CA 94960 NATURE OF PROJECT/APPROVAL SOUGHT:, Request approval of a walt exceptio� to allow a 6' high slump block wall 17' from the curb. LOCATION: 45-411 Sunrise Lane ZONE: R-3 Action: Commissioner Hanson moved, seconded by Commissioner Vuksic for approval by minute motion. Motion carried 4-0-0-3 with Commissioners Lopez, Van Vliet and Lambefl absent. 2. CASE NO.: PP 05-08/CUP 05-03 APPLICANT tAND ADDRESSI: DEL.GADO / RODRIGUEZ, 73-?03 Highway 111, Pafm Desert, CA 92260 NATURE OF PROJECTIAPPROVAL SOUGHT: Reconsideration of preliminary approval of 'revised elevations and landscape plan for restaurant, office/retail for Casuefa� Caf�. (NOTE: In conjunction with the City of Palm Desert's Facade Enhancement Program). LOCATION: 73-703 Highway 111 ZONE: C-1 G:Plann(nglDonna Quaive�lwpdocsWgminWR050913.MtN 22 �.. �� C I 1� 0��Y�� � L[fl �3-510 FRED WARiNG DRIVE PALM DESERT, CALIFORNIA 92260-25']8 T�.: 760 346—OG�II �uty � 2, zoo5 Fnx: 760 34t-7og8 info�palm-desert.org O�SER1 ARCHITECTURAL REVIEW COMMlSSION ACTION CASE NO.: PP 05-051CUP 05-01 APPLICANT tAND ADDRESSI: ERNEST RAMIREZ, 6fi8 N. Pacific Coast Highway, Suite 517. Laguna Beach, CA 92651 NATURE OF PROJECTJAPPROVAL SOUGHT: �Request approval of revised elevations for the conversion of existing Texaco gas station to a new Jiffy Lube drive through facility. LOCATION: 74-180 Highway 111 ZONE: C-1 Upon reviewing the pfans and presentations submitted by staff, the Architectural Review Commission continued the request to alfow the applicant to return with a different architectural style. Date of Action: Jufy 12, 2005 Vote: Motion carried 4-0-0-3 with Commissioners Hanson, Gregory and Van Vliet absent. (An appeal of the above action may be made in writing to the City Clerk of the City of Pa1m Desert within fifteen {15) days of the date of the decision. Any amendments to this approved plan wouid need to be re-submitted to Commission for approvai.) STAFF COMMENTS: ft is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. CONTINUED CASES: in order to be placed on the next meeting's agenda, new or revised pfans must be submitted nofi later than 9:00 a.m. the Monday eight days prior to the next meeting. L������o�,� . �` C � ARCHITECTURAL R�VIEW COMMfSSIUN JULY 12, 2005 MINUTES stated that they should also consider the Iocation of the utility boxes as well. Mr. Drel) stated that if the applicant wants to make any changes, then it has to come back to the commission for their approval. The apartments wifl be processed under a separate application. Action: Commissioner Vuksic moved, seconded by Commissioner Lambell for preliminary approval subje�t to (1 } submit photo of detail of baosting of roof tile, (2) show specia{ corner elevation for each product, (3) approval by Landscape Manager, and (4) use tube steel where small wood members are shown. Motion carried 4-0-0-3 with Commissioners Hanson, Gregory and Van Vliet absent. � 2. CASE NO.: PP 05-05lCUP 45-01 APPLICANT (AND ADDRESS): ERNEST RAMIREZ, 668 N. Pacific Coast Highway� Suite 517, Laguna Beach, CA 92651 NATURE OF PROJECTlAPPROVAL SOUGHT: Request approval of revised elevations for the conversion of existing Texaco gas station to a new Jifiy Lube drive through facility. LOCATION: 74-184 Highway 111 ZONE: C-1 Mr. Bagato stated that he received revised plans based on comments made at the last ARC meeting. Emest Ramirez, applicant, was present and stated that one of the comments that they fai{ed to make a revision on was the trellis, which comes out beyond the exiting ofi the facility. The wall has been reduced from 6' to 4'. � Commissioner Lopez asked if there would be any way to get a little more of a cantifever on the west elevation. Commissioner Vuksic commented that he didn't even want to critique the proposal because I have to stare at it to try to figure out whai changed. I don't think you understood me last time ve you didn't take me seriously. This is not an acceptable building, in my opinion, to go G:PlanninglDonna Quaiverlwpdocs�Agmin1AR050712.MIN g � �._. E` ARCH{TECTURAL REVIEW COMMISSlON JULY 12, 2005 MINUTES on Highway 111. It looks way too predictabte with a strip center-kind of architecture. There just isn't anything there. To even start critiquing it in terms of the details might make you think that the overall buiiding is okay and you just need to tweak the little details and it's far from that. You need to hire a talented designer and design a building that befongs there. Mr. Ramirez stated that one of the things that they took forward from the first meeting with the ARC was the fact that they weren't going to be able to make the existing building work, therefare, they refuctantly decided to ievet the oid building. You get into the financiai issues of having such a smail site for such a high price with a buiiding that generates o�ly so much income with one type of use with three bays and you can't change the three doors for the bays. You're faced with a limited amount of what seems to be what you would class'rfy as a retaif look with some detaii on it and dress it up as much as possible. We ended up with a pretty decent landscape area and we think we've facilitated quite a bit. You're not gaing to get this to look like the Elephant Bar. You asked me to add more detail, tweak the building and make it look iike something other than a Jiffy Lube. That's a 1ot of expense for a Jiffy Lube. In keeping it simp{e, we're keeping the function. Commissioner Vuksic stated that when he looks at the elevations that show a flat waii with giass in it with little bits of stone in between and it has no relationship to the rest of the building. I don't think you're taking me seriousiy. Mr. Dretl stated that the City agreed to potentially permit this use in this area with the understanding that this would be a more exceptionai Jiffy Lube than we got behind Toys R Us. That was the understanding. Mr. Ramirez stated that they're talking about specific fikes and disiikes of architecture. Mr. Drell stated that this is the group whose job it is to express their opinion on architecture. Given the somewhat ambivalence to our code on mixed use on Highway 111, the understanding was that this would be on the high side of design and not even middie of the road. Obviously, you have a tower etement and the tower should read as a real masonry tower and the cotumns are beefy enough to be holding up that big mass and that the elements underneath the tower bear some relationship to it. G:PlanninglDonna Quaiverlwpdocs�Agmin1AR050712.MtN � . f�,,.� � L, . ARCHiTECTURAL REVIEW COMM{SS{ON J U LY 12, 2005 MINUTES Commissioner Vuksic stated that whoever drew this plan and looked at it and thought that it was okay, makes me worry. Mr. DreA stated that if they're going to adopt a traditionai architectural style, then you better do,it right. If you're going to mimic Mediterranean or a Spanish style then you have to add all the details or it will look cheap. We would rather you do a simple contemporary building where you can be honest to the style and the forms. Commissioner Vuksic stated that it couid be a skilled interpretation of a certain style of architecture. Mr. Drell stated that possibly a simpie building with less detail where mass is important might work better than trying to only half mimic a traditional style. Commissioner Lambell stated that the neighbors wiil be fooking at a huge, boring wail. Mr. Ramirez stated that this is why they have 50' of landscaping and a trash enclosure in this area. Commissioner L.ambeli stated that it still needs some architecture. it's lacking any pizzazz. Mr. Drell stated that the problem with desert landscape is that 'rt doesn't hide biank architecture. Commissioner Lambeli sta#ed that the whole thing needs some personality. It's on a very important corner so maybe they need to abandon this style altogether. Mr. Ramirez stated that it might be better to abandon the style and take the form and function and work with that. Cammissioner Vuksic stated that whatever style they choose, they have to do it well. Commissioner Oppenheim stated that they've come so far because when they first came in they were trying to make something out of the existing building and now they need some major refinements. Commissioner Lopez pointed out that the directions on the elevations are iabeied wrong. Mr. Ramirez asked if there would be any objection to a metai buiiding. Mr. Drell stated that they could do a 4ot of interesting architecture with metal. Commissioner Vuksic stated that they would have to use their materials in a skilled way. Mr. Ramirez stated that they have three Jiffy Lube buildings going up right now with entirely different, architecture than this. Commissioner Vuksic stated that from what he sees here, he would worry about them doing a meta{ building because you've got to be skilled to do some#hing in metal here that's going to be acceptable and I'm not seeing that sophistication level here. Action: Commissioner Lambell moved, seconded by Commissioner 4ppenheim to conti�ue the request to al{ow the appficant to return with G:PlanninglDonna QuaiverlwpdocslAgminlARQ5Q712.M1N iQ l- ` ( �. r`. . � ARCHITEGTURAL REVIEW CQMMlSSION JUI.Y 12, 2005 MINUTES a different architectural style. Motion carried 4-0-0-3 with Commissioners Hanson, Gregory and Van Vliet absent. C. Miscellaneous Action: Commissioner Oppenheim moved, seconded by Commissioner Lopez to add Case No. Misc 05, William R. Withrow, to the agenda. Motion carried 4-�-0-3 with Commissioners Hanson, Gregory and Van Vliet absent. 1. CASE NO.: MISC 05 APPLICANT (AND ADDRESSI: WILLIAM R. WITHROW, 72-869 Arboleda Drive, Pafm Desert, CA 92211 NATURE OF PROJECTIAPPROVAL SOUGHT: Request approvai of exterior paint color of a single-family residence. LOCATICIN: 72-869 Arboleda Drive ZQNE: R1 Mr. Smith showed the commission photographs of the home, which has already been painted. William Withrow, applicant� was present and stated that he didn't know that he had to get approvai to paint his house. It's an older house that was bui{t in 1949 and has a flat roof. Mr. Drell stated that this house is more adaptabie to this sort of coior. Mr. Withrow stated that he's going to purchase a new white garage door. The trim will be white. Mr. Drel{ suggested using a grey or Cape Code grey for the trim to soften it. Commissioner Lopez suggested leaving the duct work and air conditioning equipment white. Action: Commissioner Vuksic moved, seconded by Commissioner Oppenheim for approval subject to painting the trim a grey-blue color to be approved by staff. Motion carried 4-0-0-3 with Commissioners Hanson, Gregory and Van Vliet absent. VI, ADJOURNMENT The meeting was adjoucned at 1:55 p.m. STEVE SMITH RLANNING MANAGER G:PlanninglDonna QuaiverlwpdocslAgminWR050712.MIN 11 � CI�Y 0� �r��.�l 73-5�0 FRED V�ARING I�RIVE PALM T7ESERT, CALIFORNIA 92260-2578 �.:760 3q6—o6�� June 28, 2005 Fnx:76o 34�-7og8 info@palm-deserc.org DES�RT ARCHITECTURAL REVIEW COMMISSION ACTf4N C�►SE NQ.: PP �5-05/CUP 05-01 APPLICANT �AND ADDRESSI: ERNEST RAMIREZ, 668 N. Pacific Coast Highway, Suite 517, Laguna Beach, CA 92651 NATURE OF PROJECTIAPPROVAL SOUGHT:, Request approval of revised elevations for the conversion of existing Texaco gas station to a new Jiffy Lube drive through facility. LOCATION: 74-180 Highway 111 ZONE: C-1 Upon reviewing the plans and presentations submitted by staff, the Architectural Review Commission continued the request to atlow the applicant to return with revised elevations. Date of Action: June 28, 2005 Vote: Motion carried 5-0-0-2 with Commissioners Hanson and Lambell absent. (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within frfteen (15) days of the date of the decision. Any amendments to this approved plan would need to be re-submitted to Commission for approvaf.) STAFF COMMENTS: It is yot�r responsibifity to submit the plans approved by #he Architecturai Review Commission to the Department of Building and Safety. CONTiNUED CASES: in order to be placed on the next meeting's agenda, new or revised plans must be submitted not later than 9:0� a.m. the Monday eight days prior to the next meeting. � �3 rRixrtoax�EcruEa�u� . . . ( __ �... ARCHITECTURAL�c`VlEW COMMISSI4N • JUNE 28' 2005 MINUTES 14�tio,�, Commiss�aner Van Vliet moved, seconded by Commissioner Lopez for preliminary approvai subject to lowering the roof element to the top of the clay roof tile. Motion carried 5-0-0-2 with Commissioners Hanson and Lambell absent: � 4, �,$E w0.: PP OS-03lCUP 05-01 �,P IC �ND ADDRESS): ERNEST RAMiRE2, 668 N. Pacific Coast Highway, Suite 517, Laguna Beach, CA 92651 NATU OF PROJECTlApPROVA�,,.30UGHT: Request approval of revised elevatbns for the conversion of eacis�ng Te�co gas station to a new Jifty Lubs dfire through facility. LOCATION: ?4180 Highway 111 �• C-1 Mr. Bagato stated that the plans were included in the commissioner's packets. The new plan is showing a brand new building. There are no plana for the �' hiyh wall. There wili be roli-up doors facing the street, which wiil require a variance through the pubiic hearing process. Our code curren�y states that bays are not supposed to be visible from any pubiic streets for any automobile se�virs or gas station. There are three streets that surround this proj�t and it's a smaN site. The landscape area that's shown could be used for a waiNng area for customers. Mr. Smith stated that they've added a trellis over the entry doors on the west side. Emest Ramirez, applicant, was present and stated that they're going to demolish the existing buiiding. The new buiiding shows a lot of landscaping and they increased the size af the planter areas. A treliis has been added over the roli-up doors to soften this area. They're expecting to have 35 cars a day. Mr. Smith asked about the number of emptayees. Mr. Ramirez stated that they wiN have approximateiy three fuli time empioyees and some park-time employees. Commissioner Lopez asked about the pilasters for the treilis. Mr. Ramirez stated that there wil! be four pilastera. Commissioner Lapez asked if they could be cantitevered. Mr. Ramirez stated that he could look into it. G:Pfanninglt)onna Ouaive�wpdocslApn'�in1AR050828.MIN ! r. � � � IT CTURAL R� ,EW COMMtSS14N �! ARCH E JUNE 28, 2005 MINUTES Commissioner Van Vliet asked if they were going to use enhanced paving at the exit area. Mr. Ramirez stated that it's going to be a reconstructed driveway so they coutd do something there. Commiss�ner Gregory sugges#ed using pavers. A cantitevered trelfis with pavers with a nice cofor woukl be reatly nice. Commissioner Van Vliet comment� that they're showing a reaNy nice landscaped area and wondered why they didn't move the building down so that there's more landscaping on the comer, Mr. Ramirez stated that they created the site plan based on comments made at a p�ior meeting and also for flow of the vehicles. There c:ould be a stacking situation. Commissioner Gregory stated that stafPs suggestion of having an outdoar waidng area is reaily goocl. The landscaped area is very large and it would be very difticult ta maintain. Mr. Knight stated that he was concemed about the garden waiis being shown at 6' in height. They see�m to be out of scale and too high. We're not trying ta► screen the building. Some mounding and shorter garden walls would look much better. 42" high walis at the maximum would work aiong with bemning. Washingtonia foliferas wauld look very nice on this site. Commissioner Vuksic commen#ed #hat he was having a hard time reviewing the proposal because the floor plan didn't seem to match the etevatbns. The wlndows are in different places. The west elevation and the east elevat�an both look like they have a tower on the comer. which isn't the case but that's the way the elevations read. It made me wonder how it realiy works. There's no roof pfan � so there's concem about the screening of the mecha�ical equipmen� f didn't have any information to heip me see how it was going to be done. Mr. Ramirez stafed that they oniy have a small unit that they will place close to the tower. Commissioner Van Vtiet asked if they were going to have evaporative coolers for the woric bays. Mr. Ramirez stated that they wili have evapora�ve cooiecs that wil! be installed on the roof using a low profile model. Commissioner Vuksic stated that there was some concem when traveling west on Highway 111 and thought that the units would be visibie. Mr. Ramirez stated that they coufd move the units back. Commissioner Vuksic asked about the height of the car bays. Mr. G:PIanninglDonnal Quaiver�pdoplA�ninVlRa5l�28.MIN $ , . �. �. ARCHiTECTURAI. r4.cVIEW COMMiSS14N JUNE 28, 2005 MINUTES � Ramirez stated that the ceiling would be 12' in height. The parapet wili be about 3'+. Commiss'ioner Van Vliet stated that 3' won't be enough to cove� the mechan'ical equipment. Mr. Ramirez stated that they'{{ make sure that the equipment is screened. Commissioner Van Vliet stated tl�rat the parapet has to be higher than the mechanical equipment. Commissioner Vuksic stated tha�t he doesn't want to leave it to chance that the equipment will be screened on the roof. He wants to see how they intend to do this. Also. the floo� plan shows ali the walis being flat with windows right on the base of the wails. On the elevations. there's a little bit of pop out, but judging on the south eleva�on it's very flat with no recerss at ail. The eave detail doesn't match the elevation. The pians don't match� making me wony about th� level of thought that went into these details. lnside the tower there are lots of windows, which must be on a flat wali because there's no other room. Mr. Ramirez sfated that the �nrer windows are in a flat wall. Commissioner Vuksic stated that he feft that this was a substandard relationship of giass to wall�. ft"s aii flat with little pieces of wall in betwaen glass. This buifding is on Highway 111, which is on a main corr3dor. i�s an extremely mediocre building, at best. !t's very predietable. it's very fla� It's going to look old a�nd tired right after �'s buil#. 1 can't imagine that this doesn't need quite a bit of work. The site plan works well. The concept is fine, bu! the architecture needs a lot of help. Mr. Ramirez stated that this is a directive �ha# has no direction. Commissioner Gregory stated that before it seemed hopefess and now there's hope. Commissioner Vuksic stated that it's not c{ose enough to recommend m3nor changes. tt's not that simple. The architecture is not to the point where you can effec�vely critique it. There has to be enough architectural interest and care in the detaiis and right now that's severely lacking. i can telf by how inconsiste�t the drawings are. Commissioner Gregary commented that perhaps the building shouid look more authentic, because right now it looks iike a"pretend" building with respe�t to that pa�ticular style. They have a 6" pop-out, as apposed to what a tower reatly should look like. If this was supposed to be a take-off on same type of architecture (Mediterranean or Mission or some variant of that style), that if it were made to look more authenttc in that sense it would play better here. If you want it to be Mediterranean styte, you need to make it fee) fike tha� Mr. Ramirez stated that whatever he does to the exterior, it's nat going to change the function of the interior. Commissioner Gregary pointed out the roof tile and G:PlanntngU]onna QuatverlMrpdacal�Ipmk�lARQ5Q628.tWIN 4 , . � ARCH ITECTURAL R�.IEW COMMISS{ON JUNE 28� 2005 MINUTES suggested that they shou{d use more authentic tile. Maybe this isn't the place foir faux Mission tife. It's such a smatl roof that it probably wouldn't be that hard to use reai tile with mud. Commissioner Vuksic stated that right ncw they show a rock wainsc�t which is basically glued on to the piaster. It woutd took better if they didn't have it at all. Commissioner Van Vliet commented that they don't have to stay with this style of arctidecture. lf they want ta change it or go in a different direction, then that would bs okay. Commissioner Gregory stated that it shouid be sorr�thing that we could be proud of because it's on our main drag. Mr. Smith stated fhat a{I of this contributes towards the variance that's required ior this project. Mr. Bagata stated that there will be reskients who may not be in favor of the project so the better it looks, the more likety that it could be approved. �gp;, Commissioner Lopez moved, seconded by Commissioner 4ppenheim to conttnue the request to alfow the appiicant to retum with revised elevations. Motion carried 5-0-0-2 with Commissioners Hanson and Lambell absent. 5. CASE NO.: PP OS-10 �PLlCAyT � N��gRE33): SRW INVESTMENTS, LLC, P.O. Box 986, Rancho Mirage, CA 9227C1-0986 NATURE OF PROJECT/APPR SO�GHT: Request preliminary approval of a four-unit, two-story apartment building. �ATlONs 73-692 SA11ta ROs� Wey ZONE: R-3 Action: Commissioner 4ppenheim moved, seconded by Commissioner Lopez fior approvai by minute motion, subject to (1) deepening balconies so that they"re useable� as previousty discussed with the applicant, and (2) windows to have mullions, as shown on the efevations. Motion carried 5-0-0-2 with Commissioners Hanson and Lambeli absent. G:Plan�in9�Donna Clua[verVwpdoc�lApmiMAR050829.MiN 10 �.. DESERI �.. C I 1 Y 0��� rI � ii! 73-5 � fl FRED WARING DRIVE PALM IiESERT, CALIFORNIA 92260-2578 T�.: �60 346--o6ii FAx: �bo 34�-7098 info@palm-deserc.org May 10, 2005 CASE {V�J.: ARCHITECTURAL REVIEW COMMiSSION ACTION PP 05-05lCUP 05-01 APPLICANT tAND ADDRESSI; ERNEST RAMlREZ, 668 N. Pacific Coast Highway, Suite 517, Laguna Beach, CA 92651 NATURE OF PROJECT/APPROVAL SOUGHT:, Request approval of conversion of existing Texaco gas station to a new JifFy Lube drive through facility. LOCATtON: 74-180 Highway 111 ZONE: C-1 Upon reviewing the plans and presentations submitted by staff, the Architectural Review Commission continued the request to allow the applicar�t to return with aitemative architecture with a recommendation that the existing structure not be used as part of the design. Date of Action: May 10, 2005 Vote: Motion carried 6-0-01 with Commissioner Van Vliet absent. (An appeal of the above action may be made in writing to the City Glerk of ihe City of Palm Desert within fifteen {15) days of the date of the decision. Any amendments to this approved pian would need to be re-submitted to Commission for approval.} STAFF COMMENTS: it is your responsibility to submit the plans approved by the Architectural Review Commission to the Department of Building and Safety. CONTINUED CASES: ln order to be piaced on the next meeting's agenda, new or revised pians must be submltted not later than 9:00 a.m. the Monday eighi days prior fio the next meeting. G> mmo oM ncrttw tua .1 � s �Y\r �Y " \ ARCHITECTURAL REVIEW COMMISSiON MAY 10, 2445 MINUTES 2. CASE NO.: PP 05-06 APPLIGANT (AND ADDRESS): KSC INC., KEN STENDELL, P.O. Box 3352, Palm Desert, CA 92261 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of revised elevations finro new industriai buildings totaling 9,680 square feet. LOCATION: 73-750 Spyder Circle ZONE: S{ Mr. Bagato stated that based on ihe discussion at the last meeting, the appiicant has made some changes, mostly in the front. It was suggested that the stone column on the east of the building match the west column and possibly thicken the fascia. The landscaping has been changed which now includes paim trees. A trellis was added over the ro{I-up doors. Staff is recommending approvai with the above- mentioned changes. Commissioner Hanson commented that it looks better. They have successfully picked up some of the details that they were trying to accomplish in the first submittat. An additional 6" should be added to the fascia and the east column is to match the west column. Commissioner Lambelf asked about the property adjacent to the proposed building. Mr. Bagato stated that it's vacant land with no proposed development at this time. Action: Commissioner Hanson moved, seconded by Commissioner Oppenheim for preiiminary approval subject to (1) thicken fascia an additionai 6", (2) east column to match west column, and (3) approval by the Landscape Manager. Motion carried 5-0-1-1 with Commissioner Vuksic abstaining and Commissioner Van Vliet absent. � 3. CASE NCI.: PP 05-05iCUP Q5-01 APPLICANT (AND ADDRESSI: ERNEST RAMIREZ, 668 N. Pacific Coast Highway, Suite 51�7, Laguna Beach, CA 92651 � NATURE OF PROJECTlAPPROVAL SOUGHT: Request approvat of conversion of existi�g Texaco gas station to a new Jiffy Lube drive through faciiity. G:PlanninglDonna QuaiverlwpdocslAgmin1AR050510.MIN 12 ., r , � (r . � �.. ARCHITECTURAL REVIEW COMMiSSiON MAY 10, 2005 MtNUTES LOCATfON: 74-180 Highway 111 ZONE: C-1 Mr. Bagato stated that Jiffy Lube is not considered a gas station by City code. They went to the City Council and Planning Commission to request a determination of use to try and see if this wouid meet the standards of a gas station. They got the blessing to move fonnrard to submit a design. The original proposal had a flat roof and the revisions show tower elements. I've expressed my concems when meeting with the applicant. The appiicant intends to work with the existing building. One of the areas of concern is that they're showing roil-up doors facing a public street. !f we were to recommend approval of the building that has exposed doors, the architecture has to be something special. Revisions were made, but they're stiN trying to work with the existing building. Staff is not willing to recommend approvat ofi the proposed design and architecture of this project. The applicant, Emest Ramirez, is present to answer any questions from the commission. Commissioner Hanson commented that the screen wail at the last Jiffy Lube that was built on Fred Waring didn't come out the way that they fiad proposed. On the plans, it looked iike the wali would have recesses and they were painted on and it doesn't iook good. Mr. Ramirez stated that in terms of the site plan, they feei that they met their preliminary requirements. Instead of leaving the existing landscaping in place, they decided to take it out and start from scratch. We're trying to maintain the existing building. If it's a desire to completely re-do that existing structure and get rid ofi the existing wrap- around facade, we'!! take that approach and come back with revised elevations. If we come back with an A+ design on the building, are we still goi�g to be looking at issues on the site pian? Mr. Bagato stated that the site is very constrained because it's on three public streets. We never asked for the tower e{ements but stated that we need better architecture. Commissioner Vuksic stated that to create a strong design will take a iot of work from where you are now. You have a very flat buiiding with roll-up doors right on the face of the walls. ft doesn't look like there's a purpase for a symmetrical two-tower etement on the buitding. The package looks very inconsistent. There's no roof plan. The roof looks like it's not possible. Ins#ead of creating an artificially fong looking, tait looking front to this building, define more whaYs happening when you go inside and create an entry and then create other pieces that G:PlanninglDonna QuaiverlwpdocsWgmittWR050510.MIN 13 � • . � � ARCHITECTURAL RE�V'IEW COMMISSiON �� MAY 10, 2005 MINUTES somehow work with that entry. Mr. Ramirez stated that the entry is generally where you bring in the cars when you drive in. We're willing to work with the existing structure and create a focal point as an entry. Commissioner Lopez stated that there's a Jiffy Lube on Washington where they have a system where you come in from the side and go out in a horseshoe shape. It's walted on three sides so they've taken care of the probiem with the doors facing a pubiic road. Mr. Ramirez stated that they have a bigger site to work with on Washington. Commissioner �ambell stated that they may be trying to make something out of something that could be hindering the process because of the restrictions of having no ro{I-up doors being visible on � public streets. It was suggested that they start with a clean piece of dirt and start from scratch. Commissioner Vuksic stated that architecturafly, the existing building isn't a bad base. If you take the eyebrow off it, you have a ciean face. Commissioner Gregory commented that the site is small so if they reaily feef that the location is important they're rea{ly going to have to do an excelient job. They're trying to do too much with a very limited site. It's sma11 and there are aiso streets on three sides. Their best luck might be to not try to make use of the existing building considering the constraints on the site. Action: Commissioner Hanson moved, seconded by Commissioner Vuksic to continue to ailow the applicant to retum with altemative architecture with a recommendation that the existing structure not be used as part of the design. Motion carried 6-0-0-1 with Commissioner Van Viiet absent. 4. CASE NO.: PP 05-08/CUP 05-03 APPLICANT lAND ADDRESSI: DELGADO / RODRIGUEZ, 73-703 Highway 111, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SDUGHT:, Request preliminary approval of restaurant, office/retail elevations for Casuelas Cafe. LOCATION: 73-703 Highway 111 ZONE: C-1 G:PlanninglDonna Quaive�lwpdocslAgminWR050510.MIN 14 DECISION OF THE (Name of Determining Body) CITY OF PALM DESERT, CALIFORNIA REQUEST FOR CITY COUNCIL REVIEW Planning Commission Case No. PP/CUP 05-05 and VAR 05-04 Project Proponent: Address: Date of Decision: March 21, 2006 Ernest Ramirez, Applicant 74-180 Highway 111 (Project Address) Palm Desert, CA 92260 Description of Application or Matter Considered: Request for approval of a precise plan of design and conditional use permit to allow a new Jiffy Lube oil change facility with a variance allowing a reduction in the required "daylight triangle" setback from 43'8- to Z4' and a variance allowing service bays to tront onto a public street tor property located at /4-18U Highway 111. 1.4 (=3 Member o the City Council FOR OFFICIAL USE ONLY Date Filed: �- Fj — (' Received by: Wet? Tb : `s t Is (41C9- / `4 -5 - Action Taken: Date: Rachelle D. Klassen, City Clerk H:\W Pdata\W PDOCS\FORMS\cncl req for rev.wpd 5/21/03