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HomeMy WebLinkAbout1983/07/13 - MINUTES PLANNING COMMISSION MEETING MINUTES Council Chamber, City Hall July 13, 1983 1:30 p.m. ROLL CALL F-Y 1983 - 1984 Present Present Excused Absences Planning Commission This Meeting to Date to date Richard Service, Chairman X 1 0 Hugh Curtis X 1 0 Hugh Kaptur X 1 0 Peter Koetting X 1 0 Don Lawrence X 1 0 Paul Madsen X 1 0 Guest: Sharon Apfelbaum Staff Present John A. Mangione, Director of Community Development Marvin D. Roos, Planning Director Siegfried Siefkes, Assistant City Attorney Kenneth E. Feenstra, Redevelopment Director Dave Forcucci, Zoning Enforcement Officer II Stephen Graham, Planner III Doug Evans, Planner III Robert Green, Planner II Diana Ericksen, Community Development Coordinator Tom Lynch, Economic Development & Housing Director John Terell, Housing & Redevelopment Specialist Mary Isenberg, Recording Secretary Architectural Advisory Committee Present - July 11, 1983 James Cioffi Absent: Earl Neel , Peter Koetting Chris Mills Michael Buccino William Johnson, Alternate Hugh Curtis Chairman called the meeting to order at 1:30 p.m. ADMINISTRATIVE NOTES: Chairman introduced Mrs. Sharon Apfelbaum as a new Planning Commissioner (replacing Darel Harris) . He stated that she would not participate in the meeting but would act as an observer. He also congratulated Paul Madsen on his reappointment to the Commission. M/S/C (Curtis, Koetting) reappointing Ric Service as Chairman of the Commission. M/S/C (Curtis, Kaptur) reappointing Peter Koetting as Vice-Chairman. Chairman stated that the meeting would be adjourned at approximately 6:30 p.m. in order to allow the City Council to meet at 7:30 p.m. M/S/C (Lawrence, Curtis) unanimously approving minutes of the June 22 meeting as submitted. July 13, 1983 PLANNING COMMISSION MINUTES Page 2 PUBLIC NEARING ITEMS • CASE 5.0262-ZTA (Revised) . Initiation by the CITY OF PALM SPRINGS of revision to amendments to the conditional use permit section (9402.00) of the Zoning Ordinance. (Referred back by City Council . ) (Given environmental assessment previously in conjunction with original review of the case. ) Recommendation: That the Commission approve revisions to amendments of the Conditional Use Permit Section of the Zoning Ordinance. Planning Director stated that the zoning text amendment had been referred back from City Council who was concerned with the distance of 250 feet from residential areas; accessory, commercial uses in conjunction with service stations, and the definition of a gasoline pump. He stated that the staff definition of "pump" has been accepted but that the distance requirement and the accessory uses were still being addressed by staff. He noted that the Council had not stated the 250 foot requirement was not far enough but had wanted it left in the zoning text; so the present 100 foot requirement proposed by staff is a compromise. Based on previous Commission and Council actions to grant variances from the requirement. The Chairman declared the hearing open; there being no appearances, the hearing was closed. . Chairman stated that the traditional problems associated with service stations are no longer viable but that the current problem is noise emanating from service bays. Planning Director stated that there was a recommended revision in the number of required parking spaces to a minimum of four parking spaces and four additionally for each service bay. He stated that the 250 foot requirement from residential zones had been violated by variances in every instance except for the Jim's air project, that the Council can take whatever action it wishes, but the Commission has received background and information to make its best recommendations to the Council . Commissioner Koetting stated that the Commission determination to measure distance to residential zones from the noise source would lessen the impact. Discussion followed on the concept. Discussion ensued on the full-service concept. Commissioner Koetting stated that he felt that a service station should provide at least an air pump and water. Planning Director stated that any requirement could be added on a specific service station property under the C.U.P. M/S/C (Curtis, Madsen) approving revisions to the amendments to the Conditional Use Permit Section of the Zoning Ordinance subject to the following conditions: • 1. That the minimum distance to residential zones be 175 feet from the property line. July 13, 1983 PLANNING COMMISSION MINUTES Page 3 CASE 5.0262-ZTA (Revised) (Cont'd. ) • 2. That one gasoline pump be permitted per 2,000 sq. ft. of site area with a maximum of 15 pumps permitted at any one station. The number of pumps shall be the same as the number of sales transactions which may be conducted simultaneously at all of the pump stanchions. 3. That the minimum building area be 750 feet square including public restroom facilities. 4. That no accessory uses other than the sale of automotive products and automotive repair are permitted. 5. That parking requirements be four spaces per service station with an additional four spaces for each service bay. CASE 5.0252-A (MISC) . Initiation by the CITY OF PALM SPRINGS for review of the final Environmental Impact Report (EIR) for the "Tahquitz-Andreas Redevelopment Project Area". Recommendation: That the Planning Commission recommend certification of the final EIR and reaffirm its recommendation for approval of the Redevelopment Plan. Housing and Redevelopment Specialist stated that a few minor changes • have been made and that the EIR consultant and the redevelopment attorney were present to answer questions. Chairman declared the hearing open. D. Pickell, 45 year resident and a member of the Tahquitz-Andreas Project Area, requested processing expediency before other types of development such as condominiums occur on the site. D. Brown, Vice-President of the Chamber of Commerce, stated that the downtown and Palm Springs impact had been discussed by the Chamber and that the consensus was to move forward as quickly as possible. There being no further appearances, the hearing was closed. Planning Director stated that the date on the resolution should be May 25, 1983, not October 13, 1982; and the resolution number should be 3522. M/S/C (Koetting, Curtis) certifying the final EIR and reaffirming approval of the redevelopment plan. Tribal Council comments: The proposed Redevelopment Plan dated May 6, 1983 and the Draft • Environmental Impact Report (EIR) dated May 1983 for the Tahquitz- Andreas Redevelopment Project Area were considered by the Tribal Council on June 21, 1983. The Tribal Council 's comments and actions on the proposed Plan and the Draft EIR were set forth in its letter of June 24 July 13, 1983 PLANNING COMMISSION MINUTES Page 4 CASE 5.0252-A (MISC) (Cont'd. ) to the Redevelopment Director, and in Tribal Council Resolution No. 51- 83 adopted on June 21, 1983. Copies of the Tribal Council ' s letter of June 24 and Resolution No. 51-83 are attached. In reviewing the comments on the Draft EIR by various City Departments and State Agencies, including the Consultant' s responses, it was noted that the Tribal Council 's comments were not included for the record, the Tribal Council reiterated its comments on the Draft EIR which were as follows: "l. Generally concurred with findings that the following issues need to be addressed and mitigation measures implemented to reduce significant impacts: a. Adverse noise levels in existing and future residential areas. b. Regulation of high-rise development. C. Deteriorating air quality." 112. Noted that the proposed mitigation measures relative to adverse noise levels and deteriorating air quality appear to be reasonable and appropriate." • "3. Noted that its action to conditionally endorse the proposed Redevelopment Plan (Tribal Council Resolution No. 51-83) included the condtion that the provisons of Ordinance No. 779 of the City of Palm Springs shall remain in full force and effect. ordinance No. 779 includes development standards for high-rise buildings on Indian land which the Tribal Council considers to be adequate and applicable for the Tahquitz-Andreas Redevelopment Project Area." CASE 5.0266-CUP. Application by J. CICCHINI for Palm Springs Tennis Club & Hotel for a CUP to allow an existing restaurant within a private club to serve the general public as well as club members and hotel guests on Tahquitz Drive between Arenas Road/Baristo Road, R-G-A (8), Section 15. (This action is categorically ;exempt from environmental assessment, per CEQA. ) Recommendation: That the Planning Commission approve Conditional Use Permit 5.0266 subject to conditions. Planning Director stated that several requests have been received to continue the meeting until Fall for more persons to attend, and that staff has no problem with the request, but that issues of the project must be discussed. • July 13, 1983 PLANNING COMMISSION MINUTES Page 5 CASE 5.0266-CUP (Cont'd) . • Planner III stated that although there is sufficient parking for the restaurant use, time-share marketing impacts parking in the area. He stated, however, that 65% of the time-shares have been sold. He noted that the CUP is an amendment of the previously approved CUP, is a change of use, and is exempt from environmental assessment. He stated that he has received several letters requesting continuance for input from residents regarding lowering of property values, traffic, parking, noise, and hours of restaurant operation. Planner III stated that the letter writers are concerned about existing and potential conditions. He stated that time-share marketing impacts traffic, but parking was not reviewed originally because the project was grandfathered as a time-share. Planning Director stated that the restaurant was opened to the public originally as the "Bougainvillea Room" by the Tennis Club and the City became aware of it because of a request for signing. He stated that the restaurant has operated for over a year and was originally a convenience to the club and hotel restaurant. Planner III stated that the restaurant has not been expanded and has a parking surplus. He stated that the valet parking license is regulated by the Municipal Code. Planner III stated that restaurant use only is requested, and that there is no area for live entertainment, although one resident has complained • about loud music. Planning Director stated that no complaints had been received until time-share marketing began, and the nature of the Club changed. He stated that the Club is not a condominium; it is a time-share hotel , similar to the Baristo Condotel reviewed recently by the Commission. Discussion followed on staff and time-share staff parking. Planner III stated that employee parking is in the Merrill-Lynch parking lot after 5:00 p.m. and that the applicant could answer questions about time-share staff parking. Chairman declared the hearing open. P. Selzer, attorney representing Watt Industries, the applicant, stated that the applicant agreed with the staff report but that the two main issues were parking and noise; regarding noise, the situation should be improved since the outdoor music speakers have been removed; regarding parking, 40 spaces have been dedicated for the restaurant; that valet services guard their parking spaces, that continuance of the application would be unfair to the applicant since everyone has had proper noticing, although the applicant did not realize that an amended CUP was required. He stated that the restaurant had not been expanded, and that time- shares are not sold after 6 p.m. He requested deletion of the requirement for a covenant to run with the land on parking spaces because of the legal complexities; and stated that the CUP could be • terminated if the restaurant loses the 40 spaces. He stated that there is a parking problem only until the time-shares have been marketed. Chairman stated that the parking, although under the same ownership, is not located on the same piece of property as the restaurant, and that the restaurant could be sold without the parking. July 13, 1983 PLANNING COMMISSION MINUTES Page 6 CASE 5.0266-CUP (Cont'd) . • Planning Director stated that staff Condition #2 was developed as a binding mechanism for the property. Assistant City Attorney explained that the applicant could record a document on the restaurant site parcel that would notify a potential buyer that the parking is separated. He stated that a two-year period of time would not be necessary to resolve the restaurant parking complexities; and that the applicant could not legally advertise the restaurant without a Conditional Use Permit; and that a continuance of the public hearing would be an undue hardship. Commissioner Lawrence stated that he was not in favor of a continuance since City government runs on a twelve month basis. A. Mald, General Manager of Mel Haber Enterprises, stated that no disco was planned, although there is a very small dance floor, that music of the 40's and 50's is played which caters to older people. He stated that there was a very large party one night that caused parking problems, but there has not been one since then. He noted that the hours of operation are from lunch to 11 p.m. and that there would be no problem with restricting hours except for private parties, although the liquor license allows the restaurant to stay open until 2 a.m. A. Petty, 555 W. Andreas, stated that music can be heard at night, that • the waiters park in front of his property, although business people stay in Palm Springs in the summer, other residents do not; that several out- of-town residents contacted him stating that they wanted to attend the meeting; that many people want to explain their views both pro and con; that the restaurant has been advertising for several months; and that the hearing should be continued. He stated that two people wrote letters that were not yet in the file; that the restaurant changes the pattern and intensity of the traffic flow; that the character of the area will be changed; and that people do not envision a traffic generating project like a successful restaurant when they purchase their property. He explained that his residence was two blocks from "Doubles"; he stated in response to a question from Commissioner Koetting that limited parking times or issuance of residential stickers would be helpful . He stated that he was not definitely opposed to the project, but that the problems must be resolved. P. Selzer (rebuttal) stated that the traffic generated by the restaurant currently operating is less than the Tennis Club because the restaurant is mainly used by the hotel guests who are already onsite; that continuance of the application would be unfair to the applicant; that there is no outside music; that signage would not be allowed without a CUP; that the applicant has agreed to a two-year Conditional Use Permit; and if the conditions are not met, the CUP can be rescinded. Planning Director stated that the two-year time was developed for staff review after the time-shares were sold. • In response to a question by Commissioner Koetting, Mr. Selzer stated that most of the private parties were public-service oriented. July 13, 1983 PLANNING COMMISSION MINUTES Page 7 CASE 5.0266-CUP (Cont'd. ) • Planning Director stated that the facility requires a dance permit to allow dancing, which has been withheld pending resolution of the CUP for the restaurant becoming public. Planner III stated that the parking for the restaurant has been defined; that he had not seen the small dance floor because it had been covered with tables; and that the application did not request dancing. Chairman stated that the parking site will eventually belong to the homeowners' association, and not Watt Industries. Mr. Selzer stated that if the parking did not remain, the restaurant would cease to exist; and that a document could be recorded which warned a potential purchaser of this risk. Mrs. E. Williams, President of Watt Industries, Palm Springs, stated that the homeowners' association gains control when 86% of time-shares have been sold. Mr. Selzer again requested deletion of the condition regarding the parking covenant and stated that within two years an equitable agreement can be reached which will satisfy the City Attorney. Chairman stated that the Commission did not want a repeat of the Spa • Hotel ' s loss of parking. Further discussion followed on the restaurant operation without parking. Planning Director stated that offsite parking is required by Ordinance to be legalized with a covenant; and that if the requirement is a condition of the CUP, the covenant would be obtained sooner. Assistant City Attorney stated that an easement would be the logical and straightforward way to obtain the necessary parking, and that once the parking places are owned by the homeowners' association, the easement is gone forever. Mr. Selzer stated that he would amend the CC&R's, but that it should not be a pre-condition of the CUP. Commissioner Madsen stated that unless it were a pre-condition, the applicant would not be required to resolve the problem. Discussion continued on the mechanism of obtaining the 40 parking spaces. Planning Director stated that it was necessary to obtain a legal document. Mr. Selzer repeated that if the parking is not there, the restaurant will cease to exist. Discussion followed on the complexities and time-line of obtaining a legal document for the parking. Mr. Selzer repeated his request to delete the condition or to amend it to state during the two-year period that some arrangement be made that is satisfactory to the City Attorney. July 13, 1983 PLANNING COMMISSION MINUTES Page 8 CASE 5.0266-CUP (Cont'd. ) • Discussion followed on revisions to the CC&R' s for the necessary parking. Mr. Selzer stated that the CC&R's for the Tennis Club requires a lender to be involved in revisions, and that it will require a lengthy time period. Mrs. Williams stated that extra parking spaces were provided when 54 units were removed from the condominium complex and that these are the spaces for the restaurant; that the homeowners have requested that the restaurant stay open; and that the restaurant space requirement has been discussed with the homeowners' association. Discussion followed on obtaining a parking document. Mr. Selzer repeated that the risk is being taken by the applicant. There being no further appearances, the hearing was closed. M/S/C (Madsen, Lawrence; Kaptur abstained) approving the CUP with the following findings is subject to the following conditions: FINDINGS: 1. That the public restaurant use as an accessory to a private club applied for an application is properly one for which a Conditional Use Permit is authorized by this ordinance (Section 9208.00-C) . • 2. That the restaurant use is necessary and desirable for the development of the community, is in harmony with the various elements and objectives of the General Plan, and is not detrimental to the existing uses or the uses specifically permitted in the zone in which the proposed use is located. 3. That the site of the intended use is adequate in size and shape to accommodate the restaurant use and all the parking requirements in order to adjust the restaurant use to existing uses and future uses permitted on land in the neighborhood. 4. That the site of the proposed use is located on Tahquitz Drive, a local street, and Baristo Road, a collector street, which are properly designed and improved to carry the type and quantity of traffic generated by the proposed use. 5. That the subject Conditional Use Permit is exempt pursuant to the California Environmental Quality Act CONDITIONS: 1. That 40 parking spaces be designated for the exclusive use of "Doubles Restaurant" and delineated on the approved site plan. 2. That within 90 days a methodology be developed with the City • Attorney for parking which must be enacted within two years. 3. That the circular loading/unloading area shall be kept free and clear of all vehicular obstructions, including parked vehicles. July 13, 1983 PLANNING COMMISSION MINUTES Page 9 CASE 5.0266-CUP (Cont'd. ) • 4. That the maximum number of seats within the restaurant shall be 160; and that the maximum number of seats on the terrace shall be 40. 5. That due to current time-share marketing, staff would recommend a parking survey be completed during the tourist season in order to determine adequacy of the parking plan. 6. That the CUP be reviewed at the end of two years to determine parking adequacy after the time-share marketing has been elimnated from the project. 7. That any valet parking meet the Municipal Code requirements. 8. That all recommendations of the Development Committee be met. ADMINISTRATIVE NOTE: Planner II stated a call had been received that an appeal of conditions would be made by the applicant in Case No. 3.238. CASE 5.0275-PD-147. Application by E. J. DEBARTOLO CORP. & DESERT FASHION . PLAZA for consideration of the draft EIR for PD to allow remodeling and expansion of the existing Desert Fashion Plaza on Tahquitz McCallum/North Palm Canyon Drive and redevelopment of the block north of the existing Desert Fashion Plaza to include the closure of Andreas Road, the development of additional retail space, parking facilities, and a development of a 207 room hotel , Section 15. Recommendation: That the Planning Commission order distribution of the EIR. Planning Director stated that comments will be received until August 29 with the final EIR review to be held at the September 14, 1983 meeting. He stated that the traffic study has been upgraded; and that comments and a diagram have been received from H. Lapham a local land planner. Planner III stated that there will be a public hearing on August 10 on the draft EIR for additional Commission and public input. Discussion followed on the time of day to review the EIR. Commission consensus was that a 6:30 meeting would allow working people to attend. Chairman declared the hearing open. H. Lapham, 577 E. Sunny Dunes Rd. , Land Planner, described the history of the site and presented a parking and site plan for the site to be incorporated into the EIR in response to Page 2, Paragraph 4 of the • draft EIR regarding compatibility of the project. Planning Director clarified the CBD zone and subdivision map and standards, pertaining to Mr. Lapham' s proposals. July 13, 1983 PLANNING COMMISSION MINUTES Page 10 CASE 5.0275-PD-147 (Cont'd. ) • In response to Chairman's questions, City Attorney stated that Mr. Lapham's proposal was not responsive to what the Commission was reviewing and that an alternate should be an alternative use altogether; he stated that someone else's plan cannot be accepted. Mr. Lapham repeated that he was responding to Page 2, Paragraph 4 of the draft EIR regarding the compatibility of the concept. He stated his plan is more compatible with the concept and is submitted as part of the EIR comments. There being no further appearances, the hearing was closed. M/S/C (Curtis, Koetting) ordering distribution of the EIR. M/S/C (Curtis, Koetting) continuing the case to August 10 at 6:30 p.m. for further review. Tribal Council comments: The Draft Environmental Impact Report (EIR) for the subject Project has not been received at the Tribal Council Office. In discussions with City Staff, it was noted that the draft EIR will be presented at the Planning Commission public hearing on July 13 and that the final EIR will be scheduled for Commission review on September 14, 1983. The Tribal Council 's response to the Notice of Preparation relative to • this Draft EIR were set forth in its letter of June 24, 1983 (copy enclosed) To the Department of Community Development. The Tribal Council 's comments on the Draft EIR will be submitted as soon as possible after receipt and review of that document. PUBLIC COMMENTS T. Fredickson requested time to speak on a non-agenda architectural item (Case 3.452). E. Strebe, trustee of the property in the DeBartolo case (5.0275-PD- 147), requested continuance of the case until more people can be present. Chairman stated that when the timetables was determined, the Commission was committed to expediting the project and no continuance would be given. July 13, 1983 PLANNING COMMISSION MINUTES Page 11 MISCELLANEOUS ITEMS TTM 18087-TIME EXTENSION AND APPROVAL OF REVISED TTM 18087. Request by KWL ASSOCIATES for ANDREAS HILLS, INC. for a twelve month time extension for a map of Bogert Trail to subdivide property for lot sales, and approval of revised TTM 18087, W-R-1-B Zone, Sections 35 and 36. (Environmental Assessment and tentative approval of the revised map. ) Planning Director stated that the map is listed for a time extension because of its expiration date; but that a revised map has been submitted which has not been expeditiously processed. He stated that a twelve month extension could be granted on the original map with no new conditions, and approval of the revised map could be given with preparation of a draft negative declaration; he stated that the revised map contains extensive grading and additional channelization of the Palm Canyon Wash in the Araby area. Chairman stated that the Commission recently felt that a secondary access was necessary to the proper function of the area; and that the 50 foot width of Barona would be limiting. Planner III stated that the Development Committee recommends an 80 foot width, but that the Director of Community Development has been reviewing the project with the applicant, and feels that full improvements would not be required at the present time with a covenant required for future improvements. Planning Director stated that the Commission has taken action previously in conjunction with the General Plan Street Plan determining that the road would be constructed at the toe of the mountain. F. Razzar, 1350 S. Farrell Drive, the applicant, stated that the revised tentative map is essentially the same plan as originally submitted with changes in the traffic pattern for flood control concerns and to finalize the entire parcel . He requested approval for implementation of the flood channel and the lots. He explained the proposed grading and stated that routing the road over the top of the hill onsite would be no problem. He noted that the City's request for dedication of land to construct Bogert Trail Bridge and the channels protecting it have left only 50 to 60 developable acres; and that there could be no development of the land until it is upgraded. Chairman remarked that W. Cable, a local developer, had requested filling in areas of the flood plain and was rejected by the Commission, and that the Commission would not want to set a precedent. Mr. Razzar stated that Tentative Tract Map 18087 was not the same situation since the channels has been established by the City and in so doing removed a substantial portion of the property. • July 13, 1983 PLANNING COMMISSION MINUTES Page 12 TTM 18087-TIME EXTENSION AND APPROVAL OF REVISED TTM 18087 (Cont'd. ) • Discussion followed on Commission concerns and the type of action to be taken. Planning Director suggested that environmental action could be taken and that staff could resolve questions for the July 27 meeting. Commissioner Koetting stated that he had concerns on driveway access to Bogert Trail. Commissioner Lawrence noted he felt that the applicant should not be held up in the processing of his map. Commissioner Madsen expressed concern regarding the 50 foot road width. Planning Director suggested solutions to the road improvement problems. Commissioner Kaptur stated that an overall site plan should be submitted showing the flood control channels. Planning Director stated that the area could be put on an aerial map by staff. M/S/C (Koetting, Curtis) ordering the preparation of a draft negative declaration for revised TTM 18087, approving a twelve month time extension for the original TTM 18087 and continuing the revised map to July 27 for further review. New expiration date for the original TTM 18087 will be July 28, 1984. • July 13, 1983 PLANNING COMMISSION MINUTES Page 13 ARCHITECTURAL APPROVAL ITEMS • The Planning Commission reviewed plans, discussed, and took action on the following items involving architectural approval subject to the conditions as outlined. CASE 3.573 (Cont'd. ). Application by BENEFICIAL STANDARD PROPERTIES for architectural approval of revised remodeling plans and new supermarket for Palm Springs Mall on Tahquitz-McCallum Way between Farrell Dr./Baristo Rd. , C-S-C Zone, Section 13. M. Derfler, Manager of the Palm Springs Mall, stated that the developer was aware of the revisions required and was working on them. Commissioner Curtis stated that the applicant indicated that if the tower element was removed for a restudy, it would be left out. Planning Director stated that the Commission will take discretionary action on the height of the tower, as a separate application would be required because of its height as well as for the proposed Walker Scott store height. M/S/C (Madsen, Kaptur; Curtis dissented) approving the application subject to the following condition: 1. That revised materials for the Thrifty' s store front be submitted. • 2. That all conditions of the Development Committee be met. 3. That the beam element be centered in the planter approximately 6 feet from the face of the building. 4. That the final design for the former Market Basket be resubmitted with all sides shown including a restudy of the connection between the former Market Basket and the arcade of the eastern elevation. 5. That plans for the tower element be revised before submission of final construction document. 6. That landscaping (shrubs/low plantings) be added to the front elevations of Thrifty's and the former Market Basket building. 7. That a base be added to the firred element on the west end of the Von's elevations. 8. That detailed landscape, irrigation and exterior lighting be submitted prior to issuance of occupancy permit. CASE 5.0033-CUP (Cont'd. ). Application by C. G. DUNHAM for architectural approval of revised site plan and revised elevations for a condominium complex on Mesquite Ave. between Cerritos Rd./Sunrise Way, R-1-C and W-R-1-C Zones (I .L.) , Section 24 (Ref. TTM 11559). Planner II stated that the applicant had resubmitted the elevations in color for clarification, and that detailed landscape plans had also been submitted. July 13, 1983 PLANNING COMNISSION MINUTES Page 14 CASE 5.0033-CUP (Cont'd. ) • Discussion followed on the qual•ty of the submission. Chairman stated that the revision was a substantial lessening of the original project. C. Dunham, the applicant, stated that the concept was entirely new and that a comparison should not be made with the original submission. F. White, President of Paul Tho^yk Architects, stated that the concept has completely changed in the interest of economy and to have a reasonable sales price; and that the desert environment was considered in the revision. Further discussion followed on the aesthetics of the design. Mr. White stated that project should be viewed as a three-demensional design. Commissioner Kaptur suggested that the application should be submitted as a new concept with its own a-chitectural integrity, not as a scaled down version of the original . Further discussion continued with the applicant. Mr. White requested that the reputation of the firm be considered and that some respect be given to the architectural firm. He stated that the project would look much better when built. He stated, also, that his firm was not involved with the Montoro Estates project in its final concept. M/ (Kaptur) for a restudy along the lines of the original approval; the • motion died for lack of a second. M/S/C (Kaptur, Koetting) for a ^estudy of the architectural concept so that it does not look like an economy model and has architectural integrity of its own. CASE 3.584 (Minor) . Application by CHRISTIAN ASSOCIATES for L. Santoro (Old World Restaurant) for architectural approval of addition of roof over existing outdoor open dining area for restaurant at 262 South Palm Canyon Drive,C-B-D Zone, Section 15. Chairman abstained; Vice Chairmar presided. M/S/C (Kaptur, Curtis; Service abstained) approving the application as submitted. CASE 3.594. Application by S. WILLIAMS for City of Palm Springs for architectural approval of expansion of City Hall 3200 East Tahquitz- McCallum Way, GR-5 Zone, Section 13. In response to question by Chairman, S. Williams, the architect, stated that the glass north wall was designed in response to a request for an expandable wall in case of depa^tmental growth; that the glass wall is double glazed with a five foot interior planting strip for large specimen plants; that eucalyptLS could be planted outside for quick shade, if necessary; that the glass north wall would provide light and a • view for divisions facing it; that the sun would shine into the building only very early and very late when no workers were present; and that the building design is interesting with arcades connecting box-like buildings. July 13, 1983 PLANNING COMMISSION MINUTES Page 15 CASE 3.594 (Cont'd. ) • Commissioner Lawrence questioned energy savings with glass walls, and stated that glass walls are not in the spirit of the energy element. Discussion followed. Mr. Willians stated that it would save more energy in lighting than would be lost in cooling; and that an energy analysis has been submitted. He stated that the glass wall was merely a screen with no other stress placed upon it; and if the glass wall should shatter in an earthquake, a concrete block wall would also shatter. He stated that the design concept was for public and staff parking areas to be separated. Commissioner Kaptur stated that buildings with large parking areas receive parking benefits. Planning Director stated that there is no parking requirements from City Halls, but that a survey had been done of City Hall parking requirements; and that a parking standard had been developed from the survey. Commissioner Lawrence stated that he could not support a building with glass walls and deficient parking. M/S/C (Kaptur, Koetting; Lawrence dissented) approving the application subject to the following conditions: 1. That all recommendations of the Development Committee be met. • 2. That the north elevation Df the structure be revised to provide shade to the windows. 3. That detailed landscape, irrigation, and exterior lighting plans be submitted showing shade trees added to the north parking lot, further landscaping shown on the eastern elevation under the canopy; and desert landscaping added to the lawn area on the north of the building. • July 13, 1983 PLANNING COMMISSION MINUTES Page 16 CONSENT AGENDA • The following items are routine in nature and have been reviewed by the Planning Commission, AAC, and staff. No further review is required, and all items are approved by one blanket motion upon unanimous consent. M/S/C (Curtis, Lawrence) approving the following applications subject to all conditions of staff, Develo3ment Committee and the AAC as follows and ordering the filing of a Negative Declaration as indicated: CASE 3.520. Application by D. JUNG for Friedman Ventures for architectural approval of final landscape plans for phase 1 of condominium complex on Amado Road between Avenida Caballeros/Sunrise Way, R-4 Zone (I.L. ) , Section 14. Conditions: 1. That the perimeter trees, west and north, be increased in size to 24" box or that the perimeter trees be installed immediately with Phase I, whereby the size of the trees may remain at 15 gallons. Trees shall be installed in 25 foot centers and bubblers shall be provided for deep watering of these trees. 2. That the tree sizes in the overall project be upgraded whereby a variety of trees or sizes are provided and the two-story roofline is softened with utilization of 36" box size and a few 42" box • size for emphasis. 3. That the perimeter walls to the street and the perimeter wall area and street scene be restudied with emphasis on addition of shrubs and ground cover against the wall. 4. That street tree locations be reviewed with emphasis on softening the linear impact of the proposed street scene (walls, trees and street). Integration of interior project trees with the street scene should be examined. 5. That shrub and ground cover plans be augmented with plantings adjacent to buildings; using groupings and clusters. 6. That shrub sizes be augmented with 15 gallon sizes. 7. That additional landscape forms and increased density be added to the parking court; and that tennis courts be softened with additional landscape materials. 8. That potentilla be planted on 8" centers. 9. That a final lighting plan be submitted for review and approval at the time of the amendments mentioned above. • July 13, 1983 PLANNING COMMISSION MINUTES Page 17 CASE 3.591 (Minor). Application by B. WEINGER for architectural approval of . landscape plans for building at 483 N. Palm Canyon Drive, C-B-D Zone, Section 15. Conditions: 1. That final materials and colors be submitted for staff approval . 2. That the fence be deleted and the landscaping plan amended. CASE 5.0193-CUP/CASE 3.433. Application by C. ROSE for architectural approval of final landscape plans for single family residence on Ramon Road between La Mirada Road/ Palm Canyon Drive, R-1-A Zone, Section 15. Condition: Approved as submitted. ARCHITECTURAL APPROVAL ITEMS (Cont'd. ) CASE 3.585 (Minor). Application by RACQUET CLUB OF PALM SPRINGS for architectural approval of parking lot revision, removal of security kiosk and construction of new kiosk at 2743 N. Indian Avenue, R-2 Zone, Section 3. Chairman abstained; Vice-Chairman presided. • Discussion ensued on parking for the entire complex. Planning Director stated that there will be changes of the site plan as the project progresses. M/S/C (Curtis, Kaptur; Service abstained) approving the application subject to the following conditions: 1. That all recommendations of the Development Committee be met with the exception that a covenant approved by the City Attorney be required to delineate parking for the complex. 2. That a master parking plan for the entire complex be submitted within 60 days. 3. That the entry landscaping be revised to emphasize increased cooler materials. July 13, 1983 PLANNING COMMISSION MINUTES Page 18 ADDED STARTERS - ARCHITECTURAL APPROVAL • CASE 3.452. Application by T. FREDRICKSON for J. Zarowitz for architectural approval of a single-family dwelling at 563 Fern Canyon Rd. R-1-A Zone, Section 22 Planning Director stated that the case had not been scheduled, the residence does not meet the approved plan, and it is unacceptable as built. He stated that it has been scheduled for July 27, although Mr. Fredrickson insisted that it be reviewed by the AAC for direction as he is insisting that the Planning Ccmmission review it. T. Fredrickson representing the applicant stated that the owner wants to expedite the project and will co anything for approval. She requests that the approved seven foot wall be removed, that no tile be installed, that the driveway remain uncolored, and that trees be used to screen the front. M/S (Kaptur, Lawrence) for continuance for staff to work with the applicant for resolution of the problem. After discussion Mr. Lawrence withdrew his second since he felt that he misunderstood the intent of the motion and wanted it to be clear that the project should come back to the Commission rather than be approved at staff level . The motion died for the lack of a second. M/S/C (Koetting, Curtis) for continuance of the application to the July 27 meeting for the applicant to organize the information along AAC guidelines and for presentation to the AAC and the Planning Commission. CASE 3.551. Application by C. MILLS for E. Strebe for architectural approval of revised plans for renovation of existing Village Theatre property on North Palm Canyon Drive, C-B-D Zone, Section 15. Chairman stated that the applicant has requested a review of this new concept. Planning Director stated that the architect has added tile and a wood element to harmonize with the existing architecture of the building. M/S/C (Koetting, Curtis) approving the application as submitted. • July 13, 1983 PLANNING COMMISSION MINUTES Page 19 PUBLIC HEARING (Cont' d. ) CASE 5.0273-ZTA. Initiation by the CITY OF PALM SPRINGS for proposed amendment to accessory apartment units in single family residential zones, city-wide as referred back to Commission by City Council . (Given environmental assessment previously ordered in conjunction with original review of the case.) Recommendation: That the Planning Commission approve the amendment to accessory apartment units in single-family residential zones, city-wide. Planning Director stated that the City Council requested reconsideration of an amendment to require the secondary unit to be serviced through the same utility meters as the primary dwelling. M/S/C (Madsen, Kaptur; Koetting dissented) approving an amendment of the accessory apartment ordinance to require the secondary unit to be serviced through the same utility meter as the primary dwelling. Tribal Council comments: This case was considered by the Tribal Council at its meetings of May 10 and May 24, 1983. Since the City Council has sent the proposed Accessory Apartment Ordinance back to the Planning Commission for consideration of one amendment, the Tribal Council reiterated its prior concern that the 10% limitation (Sec. 9318.00 B. 3 b. ) appears to be • unreasonable and excessively restrictive, and should be eliminated. For a primary dwelling area of 1200-1500 square feet. Per the proposed Ordinance, this area would have to include permanent provisions for living, sleeping, eating, cooking and sanitation. The 450-square foot limitation (Sec. 9318.00 B. 3. c. ) adequately addresses the need to keep these units secondary to the primary residence. CASE 5.0283-GPA. Initiation by the CITY OF PALM SPRINGS for an amendment to the General Plan Street Plan to change West Amado Road between Palm Canyon Drive/Belardo Road from a secondary thoroughfare to a special collector. (Environmental assessment and tentative approval .) Recommendation: That the Commission order the preparation of draft Negative Declaration, tentative'y approved the General Plan amendment, continued the case to the July 27 meeting for final approval . Planning Director stated that the proposed alignment matches that approved by the Council in 1978. Chairman declared the hearing open, there being no appearances, the hearing was closed. . M/S/C (Curtis, Koetting) ordering the preparation of a Draft Negative Declaration and tentatively approving the General Plan Amendment for a specific plan for Amado Road and continuing the case to the July 27 meeting for final approval . July 13, 1983 PLANNING COMMISSION MINUTES Page 20 CASE 5.0283-GPA (Cont'd. ) • Tribal Council comments: After consideration of the recommendations of the Indian Planning Commission, the Tribal Council concurred with Planning Staff recommendations to maintain Amado Road between North Palm Canyon Drive and Belardo Road as a secondary thoroughfare on the General Plan Street Plan, and to adopt a specific plan consistent with the approved alignment of Amado Road between Palm Canyon Drive and Indian Avenue. CASE 5.0284-ZTA. Initiation by the CITY OF PALM SPRINGS for an amendment to the zoning text to allow recycling collection centers in various commercial zones under a land use permit. Recommendation: That the Planning Commission order the preparation of a draft Negative Declaration tentatively approve the case and continue the application to the July 27 meeting for final approval . Planning Director explained that recycling collection centers would be added to every commercial zone except the C-B-D Zone subject to a land use permit. It would be processed concurrently with the land use permit, zoning text amendment. Chairman declared the hearing open, there being no appearances the hearing was • closed. M/S/C (Madsen, Lawrence) ordering the preparation of the draft Negative Declaration tentatively approving the zoning text amendment and continuing the case to the July 27 meeting for final approval . July 13, 1983 PLANNING COMMISSION MINUTES Page 21 MISCELLANEOUS ITEMS (Cont'd. ) CASE 5.0106-CUP-TIME EXTENSION. A request by WESTERN VENTURES, INC. for a twelve month time extension for a 161 room hotel on N. Indian Avenue between Tahquitz-McCallum Way/Arenas Road, C-2 & C-1-AA Zones (I.L. ), Section 14. M/S/C (Madsen, Curtis) approvinc a twelve month time extension for CUP 5.0106. Subject to the original conditions of approval . The new expiration date will be March 12, 1984. Tribal Council comments: After consideration of the recommendations of the Indian Planning Commission, the Tribal Council approved the granting of a one-year time extension (to March 12, 1984) for Conditional Use Permit CASE 5.0106 with the understanding that no new conditions of approval are being added. CASE 5.0158-PD-122-TIME EXTENSION. Recuest by L. HESS for a twelve month time extension for a PD to allow construction for a professional office building at 323 West Tahquitz- McCallum Way, R-3 Zone, Section 15. Planning Director stated that time extension request would be placed on the November 9, 1983 Agenda since the PD does not expire until December, 1983. M/S/C (Madsen, Koetting) continuing the time extension request to November 9, 1983. CONSIDERATION. Commission consideration of a request by SYMPHONY WEST to use the Canyon Hotel Convention Center facilities for a two one-night special events. M/S/C (Lawrence, Curtis) approving the use of the Canyon Hotel Convention Center facilities for two one-night special events sponsored by Symphony West. Tribal Council Comments: It was noted that the use of the Canyon Hotel Convention Center facilities has been approved by the City Planning Commission on previous occasions for similar events. After consideration of the recommendations of the Indian Planning Commission, the Tribal Council recommended that the request by Symphony West to use the subject facilities for two one-night special events be approved subject to the applicant taking appropriate actions to handle the projected traffic needs. The Tribal Council reiterated its previous recommendations that the Conditional Use Permit for the Canyon Hotel Convention Center be amended in order to permit special events of this type, subject to administrative review and approval by City Staff with right of appeal to the City Planning Commission. July 13, 1983 PLANNING COMMISSION MINUTES Page 22 ARCHITECTURAL APPROVAL ITEMS (Cont'd. ) • CASE 3.434 (Minor) . Application by G. BOUTON for Cafe Expresso for architectural approval of revised elevation and planter addition to restaurant at 101 South Palm Canyon Drive, C-B-D Zone, Section 15. Discussion ensued on screening of the outdoor bar. Planning Director stated that the Council approved the bar use and that the Commission cannot require that it be screened. Commissioner Koetting stated that screening might improve the appearance of the bar. Commission Lawrence stated that he wanted see what type of plantings were proposed. M/S (Curtis, Kaptur) approving the application subject to the recommendation of the AAC. The vote was as follows: AYES: Curtis, Kaptur, Service. NOES: Koetting, Lawrence, Madsen There was a split vote and no action was taken. Assistant City Attorney stated that unless consideration of the bar area is integrated with the application, it is not proper for the Commission to require reconsideration of the bar since it is an approved facility and the applicant cannot be required to redesign the project for each submittal . He stated that the proper motion would be restudy or to deny the application. • Chairman noted that in the subject case the architecture of the environment is the planter and that there is a non-conforming use on the patio. Assistant City Attorney stated that he understood that the facility as it exists had been approved architecturally. Chairman stated that the Commission would question that whether or not it was approved, since neither the umbrellas nor the bar had been approved. He stated that the temporary screening hedge is a significant change and the question of a non-conforming use arises. Commissioner Koetting stated that the whole area is part of the application, since the whole courtyard is being redefined and redesigned. M/S/C (Koetting, Lawrence; Curtis dissented) for a restudy to reconsider the location of the bar or screening of the bar and for submission of a specific planting plan and the submission of proper planter plans. CASE 5.0233-PD-141 (Cont'd. ) . Application by NAUGLE'S RESTAURANT for architectural approval of umbrellas and tables for restaurant in shopping center on the southeast corner of Racquet Club Rd./N. Palm Canyon Dr. , PD-113, Section 3. • M/S/C (Kaptur, Curtis; Koetting abstained) approving the application as submitted. July 13, 1983 PLANNING COMMISSION MINUTES Page 23 CASE 3.593 (Minor) . Application by HARMONY HOMES HOA for architectural • approval of wood lanai at 1689 Sunflower Court North, in condominium complex on N. Sunrise Way between San Rafael/Francis Dr., PD 115, Section 34 (Ref. Case 5.0141-PD-115) . M/S/C (Lawrence, Curtis) denying the application and noting that the standard plans for shading structures for the entire complex are to be used. ADMINISTRATIVE NOTE: M/S/C (Koetting, Madsen; Kaptur abstained) approving a letter to Katrina Heinrich stating that the Planning Commission consensus was that the hotel project proposed by Mrs. Heinrich would be extremely beneficial to the City of Palm Springs and that the Mayor and the Planning Commission Chairman would work diligently to expedite processing of the project. SIGN APPLICATION. Application by VAGABOND HOTEL for architectural approval of change of face for sign for business at 1699 South Palm Canyon Drive, PD-52, Section 22. M/S/C (Koetting, Curtis) approving the application subject to the • following condition: That the 3-D effect be retained for the letters as in the original sign. i July 13, 1983 PLANNING COMMISSION MINUTES Page 24 ITEMS FOR RESTUDY • The following items were removed from the Planning Commission agenda pending restudy. Application will be rescheduled for hearing only after revised submittals have been processed. CASE 3.238. Application by L. WELLS for R. Dishner for architectural approval of final landscape plans for single family hillside residence on Leonard Road, south of Via Olivera, R-1-B Zone, Section 3. Restudy noting: 1. That a gulley be introduced on the street frontage to intercept water at the property line. 2. That an additional olive tree be added on the street elevation as noted on the plan. 3. That the same layout as shcwn on those preliminary plan be used. CASE 3.586 (Minor) . Application by T. SKORMAN for architectural approval of details for awning on front elevation of business at 310 North Palm Canyon Drive C-B-D Zone, Section 15. Restudy for submission of further details. CASE 3.475. JIMSAIR AVIATION for architectural approval of revised landscape plan for airport facility located on Bogie Road north of Ramon Road, A Zone, Section 18. Restudy noting: 1. That an increased number of shade trees be used in the parking lot. 2. That a variety of landscape materials in front of the hangars should be used. 3. That tree shape should vary and a tree scene should be introduced and landscape materials to screen the hangars should also be introduced into the street planter. 3. That the mass of the palms should be increased. 4. That landscape species to be integrated with parking lot and hangar frontage. 5. That accent landscaping are to form a feature of the entry be • introduced. 6. That the planing to the airport and entry to the apron be continuous with the rest of the project. July 13, 1983 PLANNING COMMISSION MINUTES Page 25 CASE 3.475 (Cont'd. ) 7. That grouping of trees should be explored. 8. That Davetia be restudied at the entry. 9. That a four foot block wall on a mound be used on the street elevation. (NOTE: A smaller than 24" box eucalyptus can be used. ) ITEMS REMOVED FROM THE AGENDA CASE 3.598-(Minor). Application by SEASONS RESTAURANT (formerly Sambo's north) for architectural approval of repaint of restaurant at 1596 N. Palm Canyon Drive C-1 & R-3 zones, Section 11. Removed at the applicant's request CASE 3.599-(Minor) . Application by MORROW'S NUT HOUSE for architectural approval of canvas awning with painted sign for business at 220 North Palm Canyon Drive C-B-D Zone, Section 15. Removed at the applicant's request. • SIGN APPLICATION. Application by GREAT WESTERN SAVINGS for architectural approval of change of face for sign for savings and loan office on the northwest corner of South Palm Canyon Drive/Ramon Road, C-B-D Zone, Section 15. COMMISSION REPORTS, REQUESTS AND DISCUSSION State Water Plan. Planner III distributed a copy of the Dade Water Management Plan for review and input by the Commission. Resolution for Darrel Harris. Chairman directed staff to prepare a resolution commending Darrel Harris for his tenure on the Commission. ADJOURNMENT r There being no further business to discuss, Chairman adjourned the meeting at 6:45 p.m. rvF LrA I G DIRE TOR MDR/mi