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HomeMy WebLinkAbout1983/11/09 - MINUTES PLANNING COMMISSION MEETING MINUTES . Council Chamber, City Hall November 9, 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 7 2 Hugh Curtis X 8 1 Hugh Kaptur X 7 2 Peter Koetting X 9 0 Don Lawrence X 9 0 Paul Madsen X 8 1 Sharon Apfelbaum X 8 1 Staff Present Marvin D. Roos, Planning Director Ken Feenstra, Redevelopment Director George Parmenter, Traffic Engineer Dave Forcucci, Zoning Enforcement Officer Brian Mayhew, Operations Analyst Douglas R. Evans, Planner III • Robert Green, Planner II Mary Isenberg Lawler, Recording Secretary Architectural Advisory Committee Present - November 7, 1983 James Cioffi , Chairman Absent: Earl Neel Chris Mills Hugh Curtis Sharon Apfelbaum William Johnson Michael Buccino Chairman called the meeting to order at 1:30 p.m. MSC (Koetting/Curtis) approving minutes of the October 26 meeting as submitted. November 9, 1983 PLANNING COMMISSION MINUTES Page 2 PUBLIC HEARINGS • CASE 5.0272-ZTA (Cont'd. ). Initiation byy the CITY OF PALM SPRINGS for amendments to the C-B-D Zone, Section 15. (Commission response to written comments on draft Negative Declaration, action for filing, and final approval . No comments received. ) Recommendation: That the Planning Commission order the filing of a Negative Declaration, and approve zoning text amendment 5.0272 per staff recommendations. Planning Director stated that deletions and housekeeping items were addressed noting concerns of the Planning Commission and the DDAC with the intent of the land use permit which is the crux of the zoning text amendment; that the issue of sidewalk vendors will be reviewed later with a specific program for controls to be developed by staff; that some of the DDAC recommendations were left in the ordinance since the CBD Zone may be extended to the C-1 and C-2 areas on the east side of Indian Avenue; that staff is recommending that "walk-away" foods be prohibited unless specifically permitted (i .e. , ice cream parlors) ; that problems arise with the packaging and consumption of walk-away food; that confectionery stores are candy stores; that furniture rental use has been deleted, as a recommendation that they have never been specifically allowed; and that staff felt the use should not be encouraged inthe CBD Zone. • In reply to questions by Commission, Planning Director stated that staff will develop a clearer definition of delicatessen and sandwich shops; that there have been technological advances in the blueprinting field which have lessened odors and noise but staff is recommending that blueprinting businesses be allowed only in conjunction with art sales and drafting supply businesses with the art and drafting supply businesses being the prime ones. Redevelopment Director stated that the blueprinting use could be under a land use permit (LUP) and for an aesthetic downtown image the blueprinting would be operating in conjunction with art supply sales. Discussion followed on requiring restaurants to obtain an LUP for proper control of disposable containers and takeout foods. Planning Director stated that proper disposal and cleaning of the sidewalks could be a staff condition of approval of an LUP with appeal of the condition to the Planning Commission if the applicant disagrees. Discussion ensued on definitions of stock exchange and brokerage houses. Commission consensus was that the term "brockerage house" should be used instead of the term "stock exchange" . Discussion on post card display racks and "wooden Indians" followed. Commission consensus was that the term "wooden Indian" should be deleted. • Chairman suggested that musicians/entertainers be made aware of the Noise Ordinance. November 9, 1983 PLANNING COMMISSION MINUTES Page 3 PUBLIC HEARINGS (Cont'd. ) Discussion ensued on adult only movies and book stores. Planning Director stated that staff had reviewed the issue; that these types of services are currently not prohibited, but not permitted, and would have to be reviewed by the Commission as a determination if the use were requested in the downtown; that the Assistant City Attorney was developing an ordinance for massage parlors; and that adult uses were potentially a problem. Chairman volunteered to help staff in clarifying definitions of food services. In reply to question by Commission, Planning Director stated that beer gardens differ from nightclubs and cocktail lounges in that patrons sit outside and hard liquor is not served. Redevelopment Director requested that there be a length of time such as one year for current downtown businesses to comply with the City ordinance by obtaining an LUP. Assistant City Attorney stated that a use which is in existence at the time of an ordinance change would be permitted to stay unless there is a change or enlargement of the use; that a change in ownership would not require an LUP; and that an LUP would be required for new businesses only. • Discussion followed. In reply to question by Commission, Assistant City Attorney stated that if a use is discontinued, it cannot be restarted unless it complies with the ordinance. Planning Director stated that if the use is continuous, the business has ten years to conform to the ordinance although video arcades, because of the impermanence of their equipment, have one year to conform, but that there is some precedent for shortening the time line. Chairman declared the hearing open. F. Seiferlich, representing P. D'Amico, owner of property at 243 S. Indian Avenue, stated that an upholstery of furniture as a use has not been addressed and requested that an upholstery business at 243 S. Indian Avenue be allowed since the person has moved into the building with the consent of the property owner who did not know that the use was not allowed; and that he might appeal a negative Planning Commission action to the Council . Planning Director stated that the application for the upholstery business had been reviewed by staff and denied; that the use is more typical of the C-M Zone and not appropriate downtown and would fall into the category of industrial uses. There being no further appearances, the hearing the closed. • Commissioner Koetting commented that there will be other uses that are not in the ordinance. Planning Director stated that any uses not permitted are prohibited; the use is determined by Planning Commission action; and that language to further delineate uses is not necessary. November 9, 1983 PLANNING COMMISSION MINUTES Page 4 PUBLIC HEARINGS (Cont' d.) Chairman summarized revisions to the draft ordinance as follows: Page 1. Blueprinting businesses will require an LUP. Page 2. "Security Exchanges" will be changed to "Brokerage Houses". Page 3. Staff will clarify language for food services. Page 3. Musicians/entertainment will be subject to Noise Ordinance requirements. Page 4. Ice cream parlors will be added to indoor uses under LUP. Discussion followed on food services. Chairman suggested that all food services be placed in the LUP section. Page 4. Deletion of "wooden Indians" . Planning Director stated that business schools have not been addressed by staff as a downtown use. Discussion followed on furniture rentals in the downtown. Planning Director stated that furniture rentals will be added after furniture sales since it was not proposed to be in the prohibited section. • After discussion, Commissioner consensus was that upholstery businesses should not be allowed in the CBD Zone. Discussion followed on food services. Consensus was that all food services and restaurants should be under LUP. M/S/C (Koetting/Apfelbaum) ordering the filing of a Negative Declaration and approving Case 5.0272-ZTA as amended by Commission, including requiring food services to obtain a LUP and prohibiting upholstery businesses in the CBD Zone. CASE 5.0296-ZTA. Initiation by the CITY OF PALM SPRINGS for zoning text amendment to develop revised standards for recreation vehicle parks, City-wide. (Commission response to written comments on draft Negative Declaration, action for filing, and final approval . No comments received.) Recommendation: That the Planning Commission order the filing of a Negative Declaration and approve Case 5.0296-ZTA per staff recommendations. City Attorney stated that the City has the power to tax by whatever . means the City determines and an RV tax could be a tax on the privilege of occupying the space with no limitation to the length of occupancy. He stated that the Transient Occupancy Tax (TOT) has a 30 day occupancy limitation. November 9, 1983 PLANNING COMMISSION MINUTES Page 5 CASE 5.0296 (Cont'd. ) • Commissioner Kaptur stated that a concern was that parks would be filled with long term residents and preclude their use by overnighters and short-term users. Discussion followed on length of stay in the RV parks. Planning Director stated that the taxing issue, which is a Council prerogative, overshadowed the length of occupany and that the Commission had recommended that the limit be extended from 30 days to six months. He stated that the State language indicates that if a space is occupied for more than 9 months, it becomes a mobile home space in terms of tenant displacement, and that if the Commission were comfortable with a six month stay, it could be put into the ordinance. He stated that a separate motion could be made to develop a special tax. He discussed property development standards and stated that the density should be as set forth in the RV Ordinance to create a resort atmosphere and that he had received a letter from Mr. Staves of the Kampgrounds of America stating that the organization had no complaints from the RV park in the Airport Noise Zone in Ft. Lauderdale, and that the Anaheim RV park required payment of TOT for 30 days even if people stayed longer. He stated that Mr. Staves felt that the TOT should be assessed uniformly and that a six month stay was acceptable. Discussion followed on the definition of a travel trailer and an RV. . Planning Director stated that a travel trailer is licensed to be on the road and a mobilehome is not. Discussion followed on types of taxes that could be levied. Consensus was that economics regulate the occupancy of the spaces and that people would prefer to park in a campground rather than on the street. Chairman stated that parks should have a density of one space per 2400 sq. ft. and that the Commission could decide if the proposal were in an appropriate zone when the application was heard. Planning Director stated that an RV Section would be added to the CUP section of the Ordinance as a Type 2 CUP, which requires both Planning Commission and City Council action. M/S/C (Koetting/Kaptur) ordering the filing of a Negative Declaration and final approval of Case 5.0296-ZTA per staff recommendations with the following revisions: 1. That RV parks have a density of one space per 2400 sq. ft. of site area regardless of the underlying zoning and General Plan land use designation. 2. That six months be the maximum length of stay. • TRIBAL COUNCIL COMMENTS "The Tribal Council noted that this proposed zoning text amendment is City-wide and will therefore affect Indian-trust lands. November 9, 1983 PLANNING COMMISSION MINUTES Page 6 CASE 5.0296 (Cont'd. ) After consideration of the recommendations of the Indian Planning Commission, the Tribal Council took the following actions: 1. Concurred in general with the findings outlined in Planning Staff Report dated October 21, 1983, and with the proposed procedure to process application for RV Parks under a Type 2 conditional use permit. 2. Found that the proposed revisions and/or upgrading of existing development standards for RV parks is appropriate in view of the trend for such facilities becoming more of a 'permanent' land use. 3. Disagreed with the proposal to place a time limit on occupancy. It would appear that this matter should be considered separately from the issue of transient occupancy tax. Comments and testimony at the City Planning Commission hearing October 26, 1983 indicate that park owners/operators must have flexibility in determining length of occupancy in order for the facility to be economically feasible. Inquiries to other Cities in the Coachella Valley indicate that constraints on length of occupancy are not imposed by those cities. Action by the City of Palm Springs to limit length of occupancy could place these facilities in a non- competitive position. PUBLIC COMMENTS None. ENVIRONMENTAL ASSESSMENT ITEMS TTM 19447 & CASE 3.605. Application by SANBORN/WEBB ENG. for E. Potter for environmental assessment of tract map and architectural approval to construct a 40-unit condominium complex on North Indian Avenue, east of Zanjero Rd. , west of Racquet Club Rd. , R-2 Zone, Section 3. (Environmental assessment & tentative approval ) Planner II stated that the applicant was adding four new units and met all City requirements. M/S/C (Curtis/Kaptur) ordering the preparation of a draft Negative Declaration, tentatively approving TTM 19447 and Case 3.605, and continuing the application to the November 23 meeting for final review. • November 9, 1983 PLANNING COMMISSION MINUTES Page 7 MISCELLANEOUS ITEMS • CASE 5.0301 (MISC. ) . Application by SOUTHERN PACIFIC COMMUNICATIONS for 80- ft. communications tower near Windy Point area (Sphere of Influence) . Planning Director explained that the County notified staff that the project was going to be reviewed and that there was a significant structure proposed and staff felt that the Planning Commission should review the proposal . Planner III stated that the project was an 80 ft. "SPRINT" communications tower for GTE; that the tower was of simple design with little site disturbance; that it is in the wind energy area negotiated with the County previously; and that the AAC felt that the structure could be upgraded in design although upgrading could make the tower more visible. D. Hansberger, consultant to Southern Pacific Communications, stated that the tower will not affect any other communications because it follows FCC guidelines; and that the site selected is on the Valley floor; that the final design has not been determined but structures such as this are made of galvanized metal; that the system will connect Houston and Los Angeles and improve service locally; that he was a consultant to SPRINT but would not use the SPRINT system until the new tower was in place; and that the proposed site is the last in a series of 68 to be approved. • Discussion followed on the design. Planner III stated that the design had a "erector set" look, should be more substantial, and that the materials could be improved. In reply to question by Chairman, Mr. Hansberger stated that the Valley floor was chosen because there are a number of systems on the hillside presently which affect the line of the sight for communication, and that there is a forest on the south; that the tower is considered small and would eliminate the need for many telephone poles with wires; that he was not aware that any wind energy machines in the vicinity were proposed which would cause line of sight problems but that if the situation were identified as a problem, it would require some resolution; that there is no reason to believe that the company would be asking for a change of site because of wind machines affecting the line of sight since any site change would require other site changes. Commissioner Lawrence commented that it seemed to be poor planning not to obtain approval of sites removed from wind energy construction sites since SPRINT towers would require relocation if any wind energy machines were in the line of sight. Mr. Hansberger stated that a mass such as a mountain would be in the line of sight but a few towers would not affect the SPRINT system; that a tower with moving parts might create interference; that if the problems were not solved, the system would be useless but that it was • unlikely that the company would request a large tower such as 500 ft. since another solution would be found; that approval from 68 jurisdictions of all 68 sites was not possible at one time; that the proposed site was the last link in the chain; that materials for future wind turbines which might possibly be in the line of sight would be recommended to be materials that do not affect microwave communications November 9, 1983 PLANNING COMMISSION MINUTES Page 8 (such as wood); and also, that a site for an alternate line of sight • could be investigated. M/S (Lawrence/Koetting) to recommend denial of the application to the County. The vote was as follows: AYES: Lawrence NOES: Curtis, Apfelbaum, Kapter, Koetting, Madsen, Service The motion was defeated. M/S/C (Madsen/Kaptur; Lawrence dissented) approving the application as submitted. 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 3.631 (Minor) . Application by H. MARTER for Coco's Restaurant for architectural approval of revised exterior colors for restaurant at 1596 N. Palm Canyon Dr. , C-1 & R-3 Zones, Section 10. Discussion ensued on the parking lot upgrading which had been a condition of approval for the Seasons Restaurant which had previously occupied the building. Zoning Enforcement Officer stated that the present owner was aware of the condition. Young Kim, Leifer-Marter Architects, presented color chips for exterior colors. Commission reviewed the colors on the display board. Planning Director stated that the basic approved landscape plan could be used with minor revisions of the basic plan approved at staff level . M/S/C (Koetting/Apfelbaum) approving the application subject to the following conditions: 1. That landscape plans and the sign application be submitted separately (landscape plans to be reviewed at staff level ) . 2. That the darker beige color be used. • November 9, 1983 PLANNING COMMISSION MINUTES Page 9 MISCELLANEOUS ITEMS (Cont'd. ) DISCUSSION. Commission review of experimental palm tree lighting fixtures. Building and Safety Director requested Commission comments on members review of the palm tree lighting experiment on North Palm Canyon Drive in front of the Ramada Inn. Chairman polled the Commission as follows: Three members thought that the lighting was acceptable; Four members felt that it was not. Comments: Too much lighting, lighting not directed properly, there should be two fixtures (one directed to the top of the tree and one directed to the sidewalk) . Building and Safety Director in response to Commission question, stated that the reason for the proposed lighting was because the City desires to meet minimum lighting standards to avoid lawsuits, but that the lighting from the experimental fixtures is brighter than minimum because of the palm tree spacing. He stated that the lighting consultant is reviewing modifications to the lighting, and that the design is not final . Commissioner Kaptur stated that he and the AAC Chairman reviewed the • lighting together in the field and decided that it was aesthetically pleasing because of the inability to find the light source. Commissioner Lawrence stated that the lighting removes the mystique and charm of the palm trees. Chairman suggested that the lights be placed on the up-traffic side where it blends and is not on parked cars. He stated that maybe the location of the lights obviates their purpose. Building and Safety Director stated that the fixtures were designed to light the areas they are lighting. Chairman stated that his main concern was that of the palm trees which are the primary assets of the community. He stated that the lightinq of the palms on the Village Racquet Club property (Caballeros and Ramon) was beautiful and that the light sources were not obvious. Commissioner Kaptur stated that the new lighting is more subdued than the old without the high contrast. Discussion followed on lighting patterns that could be developed to highlight the trees and yet achieve the desired overall lighting effect for safety. Planning Director stated that Palm Canyon will be more brightly lit. • Commissioner Kaptur stated that the experiment could be carried further downtown. Building and Safety Director noted that no decision had been made on placement of the lights; that the lamps are high pressure sodium; and that the lighting could be tailored to the height of the trees. He stated that there would be no monetary savings upon installation of the new lighting. November 9, 1983 PLANNING COMMISSION MINUTES Page 10 DISCUSSION (Cont' d. ) • Discussion followed on further review of the palm tree lighting in the field. Chairman surveyed the Commission and found that three approved the lighting and four did not. Consensus was that the lighting consultant should be invited to a field trip onsite at the Ramada Inn, N. Palm Canyon Drive, 5:30 p.m. , Wednesday, November 16, at the end of the Planning Commission regularly scheduled study session. At Building and Safety Director's request, Traffic Engineer reviewed the illumination level of the lighting as follows: The IES standards are for general city conditions and concerns that are being expressed are not evident in other cities for character of the street and the cities themselves. He stated that there is overkill in the amount of lighting, if installed on every palm tree; and that he had not seen smaller light sources or discussed any prior to his arrival in the City. Building and Safety Director stated that wattage could be changed in the field by replacing light bulbs for Commissioners to review levels of illumination and that there is a possibility that with more testing, the lights could be spaced differently and/or placed at the top of the tree. He noted that the lighting consultant could discuss these issues at the • site. Chairman continued this item to the study session of November 16 for a field trip and to the Planning Commission meeting of November 23. CASE 5.0302 (MISC. ) . Application by EISNER SMITH PLANNERS for change of zone from R-R (Rural Residential) to N-A (Natural Assets) in vicinity of State Hwy. III/Interstate 10 (Sphere of Influence) . Planning Director explained the location of the application and stated that the N-A designation allows mineral mining which the City does not favor because of blowsand and wind in the area; that the County staff suggested review of the zone change since R-R allows heavy non- residential uses which the N-A Zone does not; that the proposal is for bottling of mineral water on site and manufacturing of the bottles under a CUP; that the AAC was concerned with the vertical spray of water which the Committee felt would affect the lobby area; that the Commission should be specific about the use (no mineral mining) ; and that staff has not reviewed any County Environmental Assessment relative to water extraction. November 9, 1983 PLANNING COMMISSION MINUTES Page 11 CASE 5.0302 (Cont'd. ) • J. Kuntz, representing the water bottling company, stated that much research had gone into the site selection with a hydrology study prepared; that the water quality is superior; that the R-R Zoning was not appropriate because of the intensity of the uses allowed under a CUP since the proposed use is not a heavy one; explained the mechanisms of the bottling procedure; stated that the company hoped to be in operation before the Olympics in the summer of 1984; that 80 acres of land has been purchased; that the entire operation is enclosed within a building; explained the scope of the marketing; stated that the company hoped that the area would eventually be annexed by Palm Springs; that the building was a landmark of distinction of which the company was proud; explained the trucking operation which would be screened; and stated that the operation could be continued indefinitely with the water supply on site. M/S/C (Koetting/Curtis) recommending to the County that the application be approved in use, zone change, and architectural design of the building. M/S/C (Koetting/Curtis) approving time extensions for the following cases: TIME EXT. CASE 5.0158-PD-122. Request by L. HESS for a 12-month time • extension for PD to allow construction of a professional office building at 323 W. Tahquitz-McCallum Way, R-3 Zone, Section 15. Condition: Subject to all original conditions of approval with no new conditions with the new expiration date to be 12/2/84. TIME EXT. CASE 5.0218-CUP/TTM 11559. Request by ERVIN ENGINEERING for C. Dunham for a 12-month time extension for a CUP and tentative tract map to allow construction of condominium units on Mesquite Avenue between Cerritos Drive/Sunrise Way, R-1-C Zone (I.L. ) , Section 24. (Ref. Case 5.0033-CUP) . Condition: Subject to all original conditions of approval with no new conditions with the new expiration date to be 12/9/84. Tribal Council comments: "After consideration of the recommendations of the Indian Planning Commission, the Tribal Council approved the granting of a 12-month time extension for conditional use permit CASE 5.0218 and TTM No. 11559 with the understanding that no new conditions of approval are being added. " November 9, 1983 PLANNING COMMISSION MINUTES Page 12 ENVIRONMENTAL ASSESSMENT ITEMS (Cont'd. ) CASE 3.627. Application by the CITY OF PALM SPRINGS for environmental assessment and architectural approval of cogeneration facility within Sunrise Plaza adjacent to the community pavilion, 0 Zone, Section 13. (Commission response to written comments on draft Negative Declaration, action for filing, and final approval . No comments received) AND CASE 3.626. Application by the CITY OF PALM SPRINGS for environmental assessment and architectural approval for cogeneration facility located on the south side of E1 Cielo Rd. between Shortie Way/Airport Plaza, G-R-5 Zone (proposed Civic Center Zone) , Section 13. (Commission response to written comments on draft Negative Declaration, action for filing, and final approval . No comments received. ) M/S/C (Curti s/Apfelbaum) ordering the filing of Negative Declarations and approving both applications subject to the following conditions: 1. That all recommendations of the Development Committee be met. 2. That the trellis in Case 3.626 match the metal trellis proposed for City Hall. ARCHITECTURAL APPROVAL ITEMS (Cont'd. ) CASE 3.632. Application by R. YOUNG for City of Palm Springs for architectural approval of expansion of existing facility (Corporation Yard) on Civic Dr. , G-R-5 Zone, Section 13. Planning Director stated that staff recommended that the building meet code (no intrusion into the setbacks) . Planner III stated that the color band proposed by the applicant was recommended by the AAC to be reviewed in the field and that the building, as proposed, intrudes into the setback but could be pulled back five feet. R. Young, architect, stated that the building could not be pulled back five feet because of the configuration of the loading dock. Planner III stated that the AAC did not have the information on Monday regarding the loading dock. Discussion followed on the color band. Mr. Young requested that it be reviewed in the field. Commissioner Lawrence stated that the Commission usually denies a project that it does not like. Planning Director stated that field trips have been done in the past relative to color • (i .e. , Bullocks downtown store) . Commissioner Lawrence reiterated that he felt that a City project should meet conditions required of other applications. November 9, 1983 PLANNING COMMISSION MINUTES Page 13 CASE 3.632 (Cont' d. ) M/S/C (Curtis/Apfelbaum) approving the application subject to the following conditions: 1. That the building not intrude into the setback area. 2. That all recommendations of the Development Committee be met. 3. That a field trip to establish the accent color band be scheduled for the Commissioners and AAC members. CONSENT AGENDA & MISCELLANEOUS ARCHITECTURAL ITEMS 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. Motion was .made by Curtis, seconded by Koetting, and unanimously carried approving and/or taking other actions on the following applications subject to all conditions of staff, Development Committee and the AAC as follows and ordering the filing of a Negative Declaration as indicated: SIGN APPLICATION. Application by IMPERIAL SIGN CO. for Tiffany' s Exercise • Studio for architectural approval of main identification sign at 471 N. Palm Canyon Dr. , C-B-D Zone, Section 15. Conditions: 1. That the wrought-iron railing be removed. 2. That the neon sign background replace the rail (clearance to be 9" at the bottom) . SIGN APPLICATION. Application by HEATH & COMPANY for architectural approval of change of face for main identification sign for Ramada Inn, 1177 N. Indian Ave. , C-1 Zone, Section 10. Approved as submitted. CASE 3.292. Application by G. McGLAMARY for architectural approval of landscape plans for single family residence on Mesquite Ave. , west of Belardo Rd. , R-1-A Zone (I .L. ) , Section 22. Approved as submitted. CASE 5.0237-PD-142. Application by M. BUCCINO for 1st. Nationwide Savings for architectural approval of revised final landscape plans for savings and loan facility located at E. Palm Canyon Dr./Sunrise Way, PD-142 (I.L. ), Section 26. • Approved as submitted. November 9, 1983 PLANNING COMMISSION MINUTES Page 14 ARCHITECTURAL APPROVAL ITEMS (Cont'd. ) • SIGN APPLICATION. Application by MITCHKO INDUSTRIES for architectural approval of main identification sign for Comfort Inn, 950 N. Indian Ave. R-3 Zone, Section 11 . Zoning Enforcement Officer stated that the AAC recommended restudy because it felt a monument sign would be preferable although the site plan may prohibit this type of sign. J. Nicola, representing Mitchko Industries, stated that the old sign is unattractive; that the new cabinet is smaller; that a monument sign would be acceptable if the site plan would allow it but with a circular drive, cars might damage this type of sign; and that the company wants to have the colors of its registered logo on the sign, but that he was aware that the Commission did not like the black and yellow color combination. Discussion followed on the possibility of designing a monument sign. Zoning Enforcement Officer stated that a monument sign will eliminate one parking space. M/S/C (Koetting/Lawrence) for a restudy of the sign with a monument sign to be considered and submission of a site plan showing integration of this type of sign and with the sign color to be brown. • SIGN APPLICATION. Application by PBS SIGN for architectural approval of gas rate sign for Shell gasoline station on the northwest corner of Sunrise Way/Ramon Rd. , C-1 Zone, Section 14. Zoning Enforcement Officer stated that the Shell Company wants to put in a new sign to include the Shell logo; that the AAC formerly recommended one sheet of plexiglass but now has recommended support bars as graphic dividers. Discussion followed on the number of "Shell" words on the sign. Chairman stated that the City could not control content normally, but that the sign was a special classification which had been forced on the City by the State, and that some of the information on the sign had nothing to do with gas rates. He asked whether or not information not related to gas rates could be removed. Assistant City Attorney stated that the City can regulate the time, place, and type of sign but not the content which is protected by the first amendment of the Constitution. Further discussion followed. Assistant City Attorney stated that the State dictates that a gas station can have a sign which advises the public of the rate charged for gasoline and does not prohibit signs from having other information; and that the Sign Ordinance is vulnerable in many respects. Discussion followed on the wording of the sign. Chairman stated that in general, gas rate signs have become too brightly illuminated. November 9, 1983 PLANNING COMMISSION MINUTES Page 15 SIGN APPLICATION (Cont'd. ) • Commissioner Koetting stated that showing that there is auto care available is not objectionable on the sign. M/S (Lawrence/Koetting) approving the sign subject to removal of all of the words "Shell" with the logo to be the identifying mark and the words "auto care" to remain. Discussion followed on the number of "Shell" words on the sign. Planning Director stated that the sign proposal is the only identification sign for the station. Commissioner Lawrence withdrew his motion with the consent of the seconder. M/S/C (Lawrence/Koetting) approving the application subject to the following conditions: 1. That the vertical bars be used as originally proposed and depicted on the plan. 2. That all of the words "Shell" be removed from the types of gasoline portion of the sign except for the words "Shell Gasoline" at the bottom. • CASE 3.630-HOA (MINOR) . Application by C. MILLS for J. Brown for architectural approval of entry gate for condominium project on Ramon Rd. east of El Cielo Rd. , R-2 Zone, Section 24. (Ref. Case 3.007. ) Discussion followed on the actual recommendation of the AAC. Planner III explained that the gates could be opened with either a Genie or a card key and felt that the AAC had approved the entry gate as submitted. Discussion on the mechanism of ingress and egress to the project ensued. M/S/C (Madsen/Kaptur) approving the entry gate as submitted. M/S/C (Lawrence/Kaptur) taking the following actions: CASE 3.291 Application by MILNER CORP. for architectural approval of a drainage facility/landscape area for hotel on the southeast corner of Murray Canyon Dr. between S. Palm Canyon Dr./Sierra Madre, R-3 Zone (I.L. ) , Section 35. Restudy for use of desert plants and materials to reduce water and maintenance costs. CASE 3.573 . Application by MCLELLAN, CRUZ & GAYLORD for Von's Market for architectural approval of exterior lighting plans at the Palm Springs Mall , PD-11, Section 13. • Continued pending receipt of revised plans. November 9, 1983 PLANNING COMMISSION MINUTES Page 16 CASE 5.0238-PD-143 (Ref. Case 5.604-PD-17) . Application by G. MARANTZ for • architectural approval of revised final landscape plans for an existing recreational vehicle park at 211 W. Mesquite Ave. between Palm Canyon Dr./Belardo Rd. , R-3 Zone (portion I.L. ) , Section 22. Restudy noting the following: 1. That quantities and sizes of landscape material be shown on the plan. 2. That materials be added to the gaps which have been noted on the plans. 3. That a 40 ft. wide landscape strip between the property line and the highway be untouched by grading operations except for the removal of trash and deposited fill . Abstention: Madsen TENTATIVE TRACT & PARCEL MAPS Planning Director reviewed and explained the map and the Planning Commission discussed and took action on the following tract map based on the finding that the proposed subdivision, together with the provisions • for design and improvement, is consistent with the General Plan of the City of Palm Springs. TTM 19396 & CASE 3.616 (Ref. TTM 12943 & Cases 3.078 and 3.341. Application by S. MORSE for J. M. Peters for tract map and architectural approval of case for 240-unit condominium project on northwest corner of E1 Cielo Rd./Ramon Rd. , R-3 Zone, Section 13. (Previously given environmental assessment in conjunction with Case 3.078/TTM 12943. ) Planning Director stated that the applicant has requested that the case be continued. M/S/C (Curtis/Apfelbaum) continuing the application to November 23. • November 9, 1983 PLANNING COMMISSION MINUTES Page 17 CONTINUED ITEM • CASE 5.0303-PD-153 (Ref. Case 5.0173-PD-127) . Application by C. MILLS for J. Temple for environmental assessment for planned development district for a golf course/600-unit condominium project on Ramon Rd. between E1 Cielo Rd./Sunrise Way, R-1-C, W-R-1-C & R-G-A(8) Zones (I.L. ) , Section 24. (Environmental assessment. ) Continued to November 23 for further review. Tribal Council comments: "The City Staff has noted that this application reflects some significant revisions in the previously approved planned development district (PD-127) an Environmental Assessment/Initial study was not available at the Planning Department on November 7, 1983. The Tribal Council requested that City Planning Commission action on the environmental assessment be continued in order to provide time for the Indian Planning Commission and the Tribal Planning Consultant to receive and review the Environmental Assessment/Initial study." COMMISSION REPORTS, REQUESTS & DISCUSSION Discussion of Downtown Christmas Decorations. Commission consensus was that the Chamber of Commerce should have a Christmas decorating concept which has been approved by the AAC and the Planning Commission and then budgeted. Commissioner Lawrence stated that a committee has been formed by the Chamber to review decorations beginning January of 1984 and that there are only 75 "bows" remaining from last year's decorations. Discussion on lighting ensued. Commissioner Koetting stated that he favored red and green alternating bulbs; Commissioner Kaptur suggested winding mini lights around the palm tree trunks. After further discussion, consensus was that the Chamber should submit a decorating concept for the 1984 Christmas season to the Commission before funds are budgeted. M/S/C (Lawrence/Kaptur) supporting the City Council in its effort to obtain proper Christmas tree decorations in Palm Springs for the 1984 Christmas season. - Angel View Sign/Length of CUP Approval . Commission requested that staff review the Angel View sign in the field. Planning Director also reported that the Council approved the Angel View conditional use permit for a period of three years, not five as had been recommended by the Planning Commission. • - Rate Sign Illumination (Northwest corner of Amado/N. Palm Canyon Drive) . Commissioner Lawrence requested that the lighting be reduced 25% on the sign. Planning Director stated that lighting criteria was needed for illuminated signs and staff will develop guidelines for Commission review. November 9, 1983 PLANNING COMMISSION MINUTES Page 18 COMMISSION REPORTS, REQUESTS & DISCUSSION (Cont'd. ) - Commission Field Trip. Planning Director stated that a field trip will be scheduled to review parking lot lighting to compare new and old standards. Commission will be informed as to time and date. Complaint regarding Nighttime Playground Activities at the First Baptist Church. Planning Director stated that volleyball is being played at night on the church parking lot in conjunction with a church sponsored Bible class and that a complaint has been received from a neighbor relative to the noise. He requested Commissioner Curtis who lives in the neighborhood, to review the situation. Uncovered Dirt - Hauling Trucks. Chairman stated that hauling dirt in uncovered trucks from a major downtown excavation is causing problems since the dirt sifts and blows out of the trucks onto streets, sidewalks, and businesses. Staff will investigate. Heritage Bank Sign. Planning Director stated that the new sign at the Heritage Bank is a temporary one. Commissioner Kaptur noted that it is large (4' X 8' ) . ADJOURNMENT There being no further business to discuss, Chairman adjourned the meeting at 5:05 p.m. laP nning Di�rerc,or MDR/ml • WP/PC MIN