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HomeMy WebLinkAboutPP/CUP 05-05 and VAR 05-04 Amnd #1 (Fastlane Oil Change/C.Jones) MEETING dATE ._.._e��? C� L�'C�NTiNlIED T�_..__�'Lr..:.r� r �� .r....�.... CITY OF PALM DESER � p�°��E�TO 2ND READ1i�G --- . . , DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: AMENDMENT TO RESOLUTION NO. 06-69 REMOVING DEPARTMENT OF COMMUNITY DEVELOPMENT/PLANNING CONDITION NUMBER 11 REQUIRING THE THREE-SERVICE BAY DOORS FACING CABRILLO AVENUE TO BE CLOSED AT ALL TIMES AND ONLY OPENED WHEN VEHICLES ARE EXITING THE FACILITY. THE PROPERTY IS LOCATED AT 74-180 HIGHWAY 111. SUBMITTED BY: TONY BAGATO PRINCIPAL PLANNER APPLICANT: FASTLANE OIL CHANGE/CHRIS JONES CASE NOS: PP/CUP 05-05 AND VAR 05-04 AMENDMENT#1 DATE: AUGUST 27, 2009 CONTENTS: DRAFT RESOLUTION LEGAL NOTICE LETTER FROM CHRIS JONES, APPLICANT PLANNING COMMISSION MINUTES DATED MARCH 21, 2006 CITY COUNCIL MINUTES DATED MAY 11, 2006 Recommendation: Waive further reading and adopt Resolution No. amending Resolution No. 06-69 by removing Department of Community Development/Planning Condition Number 11, which requires the three-service bay doors facing Cabrillo Avenue to be closed at all times and only opened when vehicles are exiting the facility. Executive Summary: On May 11, 2006, the City Council approved Resolution No. 06-69 allowing the construction of a new oil-change facility for Jiffy Lube with a condition of approval requiring three-service bay doors facing Cabrillo Avenue to be closed at all times and only opened when vehicles are exiting the facility. Jiffy Lube never occupied the building and a new business owner is requesting an amendment to remove this condition of approval. The applicant reports that it is a hardship that makes the business appear closed at all times and does not allow for proper air ventilation, exposing service employees to hotter air temperatures and toxic exhaust fumes. Approval of staff's recommendation will remove that condition. Staff Report PP/CUP 05-05 and VAR 05-04 Amendment #1 Page 2 of 3 August 27, 2009 Discussion: I. BACKGROUND: The commercial property is located on the north side of Highway 111 and is surrounded by the frontage road to the north, Cabrillo Avenue and Alessadro Drive. In February of 2005, a Precise Plan, Conditional Use Permit and Variance application was filed to construct a single-story, 2,048 square foot Jiffy Lube facility at the subject properry. Since the property was surrounded by three streets, the building could not be designed with screening for the three vehicle service bays as the Zoning Ordinance requires in Section 25.56.400. Staff worked with the applicant to provide a high quality design that could be supported as part of the variance request. The building design was presented to the Architectural Review Commission six times to ensure a high quality design was achieved for the site. The building was designed to draw attention away from the service bays by being recessed into strong vertical elements. Along Highway 111, the office building was designed with a taller metal element to partially screen the bays from Highway 111. The project was presented and approved by the Planning Commission on March 21, 2006, on a 4-1 vote with Commissioner Finerly voting no. Commissioner Finerty stated that she believed the site was too small for the project and that allowing the variance for service bays facing a public street was a negative precedent to set for a resort city. The other Commissioners believed that it was a difficult site to work with and that the overall building design helped camouflage the service bays. After the Planning Commission's approval, then-Councilmember Buford Crites called up the project for City Council review. Councilmembers Benson and Crites were not in favor of the project as approved by Planning Commission. Councilmember Crites stated that he would support the project if the service bay doors remained closed during regular hours and only opened when the vehicles needed to exit through the facility onto Cabrillo Avenue. Councilmembers Spiegel and Kelly were not opposed to the project as approved by the Planning Commission, and believed that the project was well designed and landscaped. Councilmember Crites moved to approve the project with a condition requiring the service bay doors to remain closed and to be only open when vehicles exit the facility. The motion was seconded by Councilmember Spiegel and carried by a 3-1 vote, with Councilmember Benson voting no, and Councilmember Ferguson absent. II. REQUEST: The project was approved and constructed as approved; however, Jiffy Lube never occupied the building. In April of 2008, EZ Lube opened an oil change facility at this location and was only open until December of 2008. The property remained vacant G:\Planning\Tony Bagato\Word Files\Formats\Staff Reports\PP\05-05_CUP 05-01 Amendment#1\City Council Staff Report 08_27_09.doc Staff Report PP/CUP 05-05 and VAR 05-04 Amendment #1 Page 3 of 3 August 27, 2009 until June of 2009 when the new business owner, Fastlane Oil Change, occupied the building. When the business was first operating, staff noticed that the service bay doors were open during business hours. Staff contacted the applicant and informed him about the condition of approval that requires the service doors to remain closed and only opened when vehicles are leaving the facility. The applicant told staff that he was unaware of this condition when he leased the property and he has submitted a letter stating that this condition negatively impacts the business and places a hardship on them because the closed doors give the appearance of a closed business. In addition, requiring the doors to be closed limits the air circulation throughout the service center, increasing the air temperature and exposure to harmful exhaust fumes to the employees working in the facility. III. ANALYSIS: Staff supported the original request for a variance based on the overall building and landscaping design because the property is on a small lot surrounded by three streets, making it impractical to screen service bay doors for a drive-through oil change facility. The building was presented to the Architectural Review Commission six times to find a suitable design that would minimize the visual impact of the service bay doors. Staff still believes that the project design limits the visibility of the service bay doors and supports the request of the business owner to remove Department of Community Development/Planning Condition Number 11 requiring the three-service bay doors facing Cabrillo Avenue to be closed at all times and only opened when vehicles are exiting the facility. Submitted by: Department Head: ��. Tony Ba ato Lauri Aylaian Principal Planner Director of Community Development Approval: Sl t.... ,LL�� bF--�O'Ya�f�'�1�. John . Wohlmuth City Manager G:\Planning\Tony Bagato\Word Files\Formats\Staff Reports\PP\05-05_CUP 05-01 Amendment#1\City Council Statt Report 08_27_09.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 06-69 REMOVING DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITION NUMBER 11 REQUIRING THE THREE-SERVICE BAY DOORS FACING CABRILLO AVENUE TO BE CLOSED AT ALL TIMES AND ONLY OPENED WHEN VEHICLES ARE EXITING THE FACILITY. THE PROPERTY IS LOCATED AT 74-180 HIGHWAY 111. CASE NOS. PP/CUP 05-05 AND VAR 05-04 AMENDMENT 1: WHEREAS, the City Council of the City of Palm Desert, California, did on the 27t" day of August 2009, hold a duly noticed public hearing to consider a request by FASTLANE OIL CHANGE/CHRIS JONES 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 AcY', Resolution No. 06-78, in that the Director of Community Development has determined that the request is not a project under CEQA; 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 said request: 1. The condition requiring the service bays to be closed causes a financial hardship on the business owner by giving the appearance that the business is not open and operational. 2. That keeping the doors closed during open business hours does not provide proper air ventilation increases the air temperature and exposes the service employees to harmful exhaust fumes. 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 amend Resolution No. 06-69 removing Department of Community Development Condition Number 11 requiring the three-service bay doors facing Cabrillo Avenue to be closed at all times and only opened when vehicles are exiting the facility. RESOLUTION NO. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A SPIEGEL, MAYOR ATTEST: RACHELLE KLASSEN, City Clerk City of Palm Desert, California 2 RESOLUTION NO. CONDITIONS OF APPROVAL CASE NOS. PP/CUP 05-05 AND VAR 05-04 AMENDMENT #1 Department of Communitv Development: 1. All other conditions of approval from City Council Resolution No. 06-69 shall remain in effect. 3 CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP/CUP 05-05 AND VAR 05-04 AMENDMENT#1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a request by FASTLANE OIL CHANGE/CHRIS JONES amending Resolution No. 06-69 removing Department of Communiry Development Condition Number 11 requiring the three-service bay doors facing Cabrillo Avenue to be closed at all times and only opened when vehicles are exiting the facility. The property is located at 74-180 Highway 111. , .� � F ,. _ .. ,� i %a, kj � �i� �} e' { NL�.S��{� ._ �. � � � . ��'� �p� �+ „ , y � ,y _. . _ ... . � ,:. . _ �w �, NMalI WAY t 1 w I �f IIII � ll i� � I � a4 a � � � �. ,� y �� � *. �� ..y ; ��� SAID public hearing will be held on THURSDAY, AUGUST , 2009 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 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 City Council at, or prior to,the public hearing. PUBLISH: Desert Sun RACHELLE KLASSEN, City Clerk August 17, 2009 Palm Desert City Council nuU-U4'GUU� UJ�4 I rfl �, � August 4th, 2p09 Clty Council City of paim Desert 73-5].4 �red Waring prive P�im Desert, CA, 92260 Attention C1ty Councii Members; This fs a formal request to remove condition pf approval number eleven from our business property at 74-180 Hlghway 111 (n Palm Desert, CA 9226Q. Condltion of approval number 11 requires that we keep our bay doors Facing Cabrillo Avenue closed at afl times and only opened when vehitles are exlting the facility. This condltlpn oF approval was unknown to us �t lease signing and negative(y impacts aur buslness and plaC�s a hardshlp upon us. With the b�y doors Closed it appears that our buslness is closed. Having the bay doors closet! also Ilmits alr clrculatlon throughout the service center thus IncreaseS the air temperature fpr our employees and increases employees exposur� to exhaust fumes. Please conslder removing condltion of approval number 1]., Sincer , Chris Jones Area Manager Fastlane Auto Care PO Box 9527 5an Dlego, CA, 9Z169 MINUTES PALM DESERT PLANNING COMMISSION MARCH 21 2006 VI. ORAL COMMUNICATIONS None. VII. CONSENT CALENDAR None. VIII. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he, she or someone else raised at the public hearing 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. 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. 2 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 asphait. 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. ThaYs 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. 4 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. 5 � 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 EI 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 6 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. 7 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 o ened 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. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 Mayor Pro Tem Kelly called for the vote, and the motion carried by a 4-0 vote, with Mayor Ferguson ABSENT. E. CITY COUNCIL REVIEW OF A PLANNING COMMISSION 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 OF THE PALM DESERT MUNICIPAL CODE, 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 — 74-180 HIGHWAY 111 Case Nos. PP/CUP 05-05 and VAR 05-04 (Ernest Ramirez, Applicant). Councilman Crites stated that this project had been reviewed by the Architectural Commission many times and stated that it was a difficult site to be developed. He said the current code section does not permit garage bays facing the street. Because of how this land and project were laid out, it was not possible to have it face one street. Mr. Bagato stated that the property is surrounded by three streets, Highway 111, Cabrillo Avenue, and Alessandro, and given the small lot size, different ways were considered, but it was not possible to accomplish that. Councilman Crites stated the reason this project was before the Council was because the garage was visible from Highway 111, as he saw for himself. He requested Planning ask the developer to agree to keep the garage doors closed except when the vehicles were actually entering or exiting the work bays, so that there wouldn't be an ongoing view of the inside of the garage from Highway 111. The response was that it would wear out the garage doors from having to open and close them. Mr. Bagato indicated that the applicant agreed to keep the doors closed during the slow times, but it would be impractical to open/close the doors every 20 minutes during the peak periods when they have 12 to 14 cars waiting. Councilmember Benson wondered what happened to the DMV. Councilman Spiegel asked if the building could be turned around, coming in from Alessandro rather than from Highway 111. Mr. Bagato replied that entering from Highway 111 was not possible because of the narrow frontage road. He noted that Public Works is requesting to have that road closed because of the turn radius, so there wouldn't be any physical access from 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 Highway 111 and part of the problem with this type of business is that cars would be coming in and out from two different sides of the building. He said given iYs location, Cabrillo was the least impacted street, and it was not possible to shift the building for it to work. Mayor Pro Tem Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. MR. GREG PETTIS, representing Jiffy Lube, shared his desire to expand his business in the Palm Desert community. In answer to Councilmember Benson's question regarding the DMV, he stated that DMV services were offered at their new location on Date Palm and Gerald Ford, providing quick oil change, smog test, and DMV services; the Department of Motor Vehicles is working on moving their product to businesses similar to Jiffy Lube as a one-stop shop for registration needs and oil change in one building, including the one proposed. He stated they had four concerns about keeping the garage doors closed. First is safety; their facilities are designed one-way for vehicles to go through (not to pull in and then back out). Clients are greeted by a staff member as they come in, then enter the garage for service, and exit on the other end. Vehicles coming in and out would be a safety issue to customers as well as the employees. From a store image perspective, it was a well-known fact in the auto industry that if the bays are down, the business is closed. It would be very difficult to promote they were open for business with the bay doors closed; speed of service would also be hindered if they had to open and close the doors throughout the day. If they were a small facility, with 10, 12 or 15 cars per day, there would not be an issue. But if they are as successful in Palm Desert as they are in the other locations where they are servicing 50 to100 cars a day, it would not be feasible. Lastly, the stores are not designed to totally ventilate through interior ventilation, it is done naturally through the doors; cars are running while they are in the facility for some of the services that are offered. If the doors are shut, additional safety ventilation concerns would be raised from the staff. He did not recall ever stating that the doors would wear out and offered that the contractor was available to answer any other questions as it related to the design of the building. Councilman Crites stated the he was addressing the doors that are on the street side on Cabrillo, and not the entrance side. MR. PETTIS didn't believe the doors would be visible with the proposed design in addition to the wall that would be constructed. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 Councilman Crites disagreed. Mr. Pettis stated that from eastbound Highway 111, you may be able to see part of the door off of Cabrillo if you were at the stop light. Mayor Pro Tem Kelly closed the Public Hearing and requested Council direction. Councilmember Benson stated she didn't think it was the right project for that corner of land. She said years ago service stations were banned because they were not in the best interest of Highway 111. She thought the land was too small for the substantial business proposed and suggested considering a different location by University Park that would be better suited. She did not favor the project at this location. Councilman Crites felt the developer had done about as good as they could as far as landscaping, and they had worked a lot with staff, but he was not persuaded that an open garage door convinced people that you were open for business; and the doors on the receiving side could remain open and ventilation would be available. In addition, he did not believe opening and closing the doors so that vehicles could exit constituted an abnormal problem for a business. Unless a condition is added to address such a restriction, he would not feel comfortable in voting for the project. Mayor Pro Tem Kelly stated that in the past he voted against the AM/PM, because he felt there was too much there; but he felt this project had much better landscaping than AM/PM; it was excellent. He said it was an ideal use for that particular corner and personally convenient for him. He had not seen a better landscaped or shielded project from Highway 111 as this one. Councilman Spiegel moved to waive further reading and adopt Resolution No. 06- 69, adopting the findings and affirming the Planning Commission's decision to approve Case Nos. PP/CUP 05-05 and VAR 05-04, subject to conditions. Motion was seconded by Kelly and resulted in NO ACTION on a 2-2 vote, with Benson and Crites voting NO, Ferguson ABSENT. Councilman Crites moved to waive further reading and adopt Resolution No. 06-69, adopting the findings and affirming the Planning Commission's decision to approve Case Nos. PP/CUP 05-05 and VAR 05-04, with condition requiring doors on the service bays fronting Cabrillo Avenue remain closed and be open only when vehicles are exiting the facility. Motion was seconded by Spiegel and carried by a 3-1 vote, with Benson voting NO and Ferguson ABSENT. 24