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HomeMy WebLinkAbout1988/09/14 - MINUTES PLANNING COMMISSION MEETING MINUTES Council Chamber, City Hall September 14, 1988 1:30 p.m. ROLL CALL F-Y 1988 - 1989 Present Present Excused Absences Planning Commission This Meeting to Date to Date Larry Lapham, Chairman X 4 1 Gary Olsen X 5 0 Barbara Whitney X 4 1 Brent Hough - 3 2 Martha Edgmon X 4 1 Chris Mills X 3 0 Mike Dotson X 2 0 Staff Present Marvin D. Roos, Planning Director Sherri Abbas, Planner Richard Patenaude, Planner Margo Williams, Planner John Terell , Redevelopment Planner Dave Forcucci , Zoning -E4 orcement Siegfried Siefkes, Assistant City Attorney Dean Lewis, Traffic Engineer Mary E. Lawler, Recording Secretary Architectural Advisory Committee - September 12, 1988 William Johnson, Vice Chairman Absent: Gary Olsen, Alternate Mike Buccino Barbara Whitney, Alternate Martha Edgmon, Alternate Tom Doczi Will Kliendienst Brent Hough Chairman called the meeting to order at 1:30 p.m. M/S/C (Mills/Olsen; Hough absent) approving minutes of August 24, 1988 with the following corrections . 1. Page 21, Paragraph 4, Case 3.0428 should read "Commissioner Hough dissented" . 2. Commissioner Mill 's name was removed from AAC membership. REPORT OF POSTING AGENDA: The September 14, 1988 agenda was available for public access at the City Hall exterior bulletin board and the Planning Division Counter by 1:30 p.m. , Friday, September 9. i September 14,198 8 PC MINUTES Page 2 CONSENT ACTION AGENDA Approval of architectural cases is valid for two years. The approval granted must be exercised within that time period unless extended. M/S/C (Olsen/Edgmon; Hough absent) taking the following actions: SIGN APPLICATION & AWNING. Application by CHAMPION INSTITUTE OF COSMETOLOGY for architectural approval of a sign and awning for a business at 559 S. Palm Canyon Drive (Financial Center) , C-B-D Zone, Section 15 (Ref. Case 5.0052- PD-82) . Approved subject to the following conditions: 1. That the awning be a lighter color gray. Color to be approved by staff. 2. That the awning ends have a greater angle so that the awning and wall angle meet. SIGN APPLICATION. Application by IMPERIAL SIGNS for architectural approval of a main identification sign for Express Gas, N. Palm Canyon Drive/Tram Way, UR Zone, Section 3. Approved subject to the following conditions: That the ends of the monu- ment sign be battered. CASE 3.0223 (MINOR). Application by ROBERT CHEROSKE from architectural approval of minor landscape addition for single-family residence at 575 N. Patencio Road, R-1-A Zone, Section 10. Approved as submitted. CASE 3.0435 (MINOR). Application by JULIO RUFO for architectural approval of renovation of front fascade, pool area, and kitchen area at 670 Stevens Road, R-1-A Zone, Section 10. Approved subject to the following conditions: That all conditions of the Development Committee be met. 'L September 14,1988 PC MINUTES Page 3 CONSENT ACTION AGENDA (Continued) CASE 3.0412. Application by MIKE BUCCINO for Don Williams for architectural approval of final detailed landscape, irrigation, and exterior lighting plans for a commercial/industrial building at 715 Eugene Road, M-1 Zone, Section 19. Approved subject to the following conditions: 1. That irrigation and exterior lighting plans be submitted for staff review. 2. That the planting plan shall be approved by Riverside County Agricultural Commissioner's office prior to installation of plant material . ITEMS REMOVED FROM CONSENT ACTION AGENDA Approval of architectural cases is valid for two years. The approval granted must be exercised within that time period unless extended. CASE 3.0262 (Continued) . Application by ALEXANDER COLER for architectural approval of revised elevations for a single-family residence on Patencio Road/O'Donnell Golf Course, R-1-A Zone, Section 15. Planning Director stated that the applicant submitted revised elevations; that previous design was approved but the owner decided that he did not want it; that the new design in Mediterranean style and that the AAC felt that the general direction of the design was acceptable with possibly a staircase added the the side and that only two elevations were submitted. Commissioner Edgmon commented that the design is a definite improvement. Commissioner Mills stated that he still had problems because the design is not integrated into the site and is a hillside property with a flat land house. Planning Director in response to Commissions questions stated that while the site is hillside, the area of the house was graded years ago and is relatively flat and the applicant felt that the property could not be recontoured. He stated that the rendering does not reflect the mountain although there is a full mountain background and the house does not break the skyline except perhaps when viewed from O'Donnell Golf Course. Commissioner Whitney stated that the design is an improvement but some- thing better could be designed and that it is quite massive. Chairman asked if there would be major grading. Commissioner Mills stated that the 8 ft. retaining wall on the west side is major grading, in his opinion; that the site is fine and deserves a better piece of architecture. Commissioner Olsen stated that some homes in the area fit the sites and some do not and that the design of the subject home should fit the site. September 14,1988 PC MINUTES Page 4 ITEMS REMOVED FROM CONSENT ACTION AGENDA (Continued) CASE 3.0262. (Continued) Bund, P.O. Box 1775, La Quinta, project architect, stated that he could not rebuild the mountain; that the criticism would be valid if it were virgin hillside but it is not; that the applicant has done what he could to accom- modate the Commission and that the house is a very small part of the site. Mr. Bund, in response to Commission question, stated that the angled grading is a road and that the house footprint is approximately 9,000 sq. ft. and is one story with no changes in level . Commissioner Mills stated that the house is a one level 9,000 sq. ft. structure on a 9,000 sq. ft. pad. Mr. Bund replied that the statement was not quite true and that contouring is necessary to make the house work. Commissioner Whitney questioned whether or not the house has to be level . She stated that it should complement the surrounding area. Mr. Bund replied that the floor plan changes continuously and that the upper right level changes across the front elevation. Al Coler, the applicant, stated that he was asked to restudy the design and he did and it is a pleasant effect; that there are a 100 acres behind him; that the house cannot be seen except on Alejo; that it only takes 2% of the land for the footprint; that there is a determination on the part of some members of the Commission to prevent him from building the house and that some houses that have been approved on the adjacent hillside are objection- able, including one with a large wall in front of it. He stated that he did not understand why he cannot build his house; that he has to hire an attorney and sue the City; that the Commission is unfair; that a person should be able to build his house; and that the AAC should review only larger buildings, not residences; that he felt a trip should be undertaken to see the other houses; that the design without the balcony destroyed an integral part of the house and he did not like it; that the house fits the hillside; that the Commission action is sheer nonsense; that a record should be keep of what he said; that he was going to destroy the power of the AAC and Commission; that only the elevations are recommended for restudy and now the Commission is requesting a new footprint. Chairman stated that the site is spectacular but that no two architects would build the same house. That the AAC felt that the balcony design was acceptable and that there are no major changes in the grading. He stated that the Commission seems to be nit-picking. M/S (Edgmon/Dotson; Hough absent) to approve the application and condi- tions. The motion is as follows: Ayes: Edgmon, Dotson, Lapham Noes: Whitney, Mills, Olsen Absent: Hough �`' There was a tie vote and the motion failed. September 14,1988 PC MINUTES Page 5 ITEMS REMOVED FROM CONSENT ACTION AGENDA (Continued) CASE 3.0262. (Continued) Planning Director stated that another motion could be made or the case con- tinued for the 7th commissioner to be present. M/S/C (Edgmon/Dotson; Hough absent) continuing application to September 28. NOTE: Mr. Coler asked if the Commission could either deny or restudy the project so that he could appeal it to the Council . Planning Director explained that the continuance motion could be appealed to the Council but the appeal wqould not be heard until after the Planning Commission meeting of September 28. PUBLIC HEARINGS CASE 5.0488-CUP. Application by WARNER CABLE for a conditional use permit to allow construction of a 6,100 sq. ft. facility to house offices and a service center on Farrell Drive between Tachevah Drive (extended)/Vista Chino, 0-5 Zone, Section 12. (Commission response to written comments on draft Negative Declaration; action.) Recommendation: That the Commission order the filing of a Negative 4-� Declaration and approve the application subject to conditions. Planning Director explained that the application is part of a 20-acre site owned by the City that is zoned 0-5 and that a zone change to M-1 will be heard by the Commission in October. He stated that the project has no direct access to Farrell ; that it is a seed project, and first industrial development on the west side of Farrell . Commissioner Dotson asked why the satellite dishes have to be placed at the corner. Planner (Abbas) explained that the dishes are incorporated into the design and are an architectural statement and that the tile is blue and the dishes are gray on the outside. Chairman declared the hearing open. Mark Mathews, General Manager of Warner Cable, stated that the company decided to lease city land owned by the Airport; that it is part of a twenty-acre parcel and the first development on the acreage and critical to the future development of the cable company rebuild effort. In response to Commission question, he stated that although it is in the noise zone of the airport, airplanes pass behind the satellite dishes and except for circling, planes do not interfer with the signal . �" There being no further appearances; Chairman declared the hearing closed. September 14,1988 PC MINUTES Page 6 PUBLIC HEARINGS (Continued) CASE 5.0488-CUP. (Continued) M/S/C (Olsen/Whitney; Mills abstained; Hough absent) ordering the filing of a negative declaration and approving the application based on the following findings and subject to the following conditions: Findings: 1. That proposed cablevision/utility facility may be considered for a Conditional Use Permit under the provisions of the Zoning Ordinance. 2. The proposed cablevision/utility facility is necessary for the development of the community in that it provides for expanded and i proved facilities for one of the local utilities. 3. The proposal complies with the intent of the General Plan and is not detrimental to planned or future uses. 4. The 1.2 acre site is adequate in size and shape to accommodate all necessary parking and other required development standards of the Zoning Ordinance. 5. Farrell Drive and Tachevah Drive are properly designed for the traffic generated by the proposed utility. 6. The conditions imposed are necessary to protect the public health, safety and general welfare. Conditions 1. That the Development Committee Conditions dated August 27, 1988 shall be met. 2. That the concept architecturally presented is acceptable. 3. That details of the full building (Phase 1 and 2) elevations are to be presented with working drawing review for Architectural Advisory Committee review. 5.0491-CUP. Application by PALM SPRINGS MARQUIS, INC. for a conditional use permit for installation of tennis court lighting to existing tennis courts at Palrr Springs Marquis Hotel and Villas , 140 S. Calle Encilla, C-1AA/R4VP Zone (I .L.), Section 14. (This action is categorically exempt from Environmental assessment per CEQA gui del i nes.) Recommendation: That the Commission approve the Conditional Use Permit subject to conditions. o.r Planner (Abbas) presented the case stating that the applicant is asking for 1,000 watt fixtures; that an oleander hedge provides some buffering; that there is a vacant lot on Arenas next to the property; that the tennis court is lowe ed six feet; and that staff recommends 400 watt fixtures. September 14,198 8 PC MINUTES Page 7 PUBLIC HEARINGS (Continued) CASE 5.0491. (Continued) Planning Director explained that there could be apartments or a hotel within 20 feet; that the adjoining property is R-4 and could be built at 2 to 3 stories. He stated, in reply to Commissioner Whitney, that the lights would be similar to the box lights shown on the Berkowitz application and that the lights do not have a baffle. Chairman declared the hearing open. Robert Charles, manager of the Marquis Hotel , stated that after 4:00 p.m. there is no daylight and it is difficult to have hotel courts without lights. There being no further appearances; Chairman closed the public hearing. In reply to Chairman' s question, Planning Director stated that 400 watt fixtures with eight poles is adequate lighting according to the tennis court lighting expert in the Berkowitz application. Don Chappel , Chief Engineer for the Marquis Hotel , stated that several bids were received on the proposed lighting; that the hotel did not specify the lighting level ; that all three bids were 1,000 watt fixtures on eight poles; that tennis court lighting is necessary to keep guests coming to Palm Springs instead of going downvalley; and that the lighting contractors would not have specified 1,000 watt if they felt 400 watts were adequate. Chairman stated that the Commission should approve the staff recommendation. Planner explained that Sunshine Villas' tennis court lights are 400 watt and adequate. Chairman agreed and stated that part of the study session agenda on September 21 would be addressing tennis court lights. Commissioner Olsen commented that a tennis court surrounded by a large building with the only one opening is different from tennis court lighting at private homes; and that that proposed lighting is in a business district and the circumstances might allow 1,000 watt fixtures. Commissioner Edgmon commented that the vacant lot next to the hotel would be impacted when developed by lighting at the 1,000 watt intensity. In reply to Commission question, Planning Director stated that the Tennis Center lighting is probably 1,000 watts although he had not researched it. Commissioner Whitney requested the amount of wattage needed. Planning Director stated that when tennis court lighting was researched on field trips in 1976, the 400 watt fixture lighting level was established; that play does not suffer with the 400 watt lights if eight poles are used instead of six; that lighting expert Bieber stated that the poles could be limited to six; and that 1,000 watts is a championship lighting level with eight poles. He stated that an 18 foot pole height above the tennis court is allowed. September 14,1986 PC MINUTES Page 8 PUBLIC HEARINGS (Continued) CASE 5.0491. (Continued) Commissioner Mills stated that 400 watts are very adequate and that the wattage could be approved on September 28 after the study session of September 21. Chairman commented that he had played tennis at Sunshine Villas and the 400 watt lighting is very adequate. M/S/C (Mills/Edgmon; Hough absent) approving CUP 5.0491 based on the following findings and based on the following conditions: Findings 1. This proposal to light two previously approved tennis courts which are set back less than 60 feet from adjacent property lines is a proper one for which a Conditional Use Permit is authorized by the Zoning Ordinance. 2. The lighting of hotel/condominium tennis courts in order to expand hours of play for guest/residents is necessary and desirable for the development of the community and is in basic harmony with the goals and objectives of the General Plan and would not be detrimental to existing uses or possible future uses in the vicinity. 3. The site is adequate in size to accommodate the use and enough perimeter setback exists to accommodate the landscaping necessary to buffer this use from the neighboring properties. 4. This use will not generate additional vehicular traffic and as such will not affect the street system. Conditions 1. Play is limited to Hotel-related guest and condominium residents/guests only. 2. No lighting shall be allowed after 10 p.m. 3. The lights shall be on a timer and shall be "on" only when the courts are in use. 4. The light poles shall be painted a dark color or bronze poles used. 5. All conditions of the AAC are to be met. 6. The lighting fixtures shall each have a maximum wattage of 400. September 14,1989 PC MINUTES Page 9 PUBLIC HEARINGS (Continued) CASE 5.0491. (Continued) TRIBAL COUNCIL COMMENTS This case was reviewed by the Tribal Council at its special meeting of September 13, 1988. After consideration of the recommendations of the Indian Planning Commission, the Tribal Council took the following actions: 1. Concurred with the findings contained in Planning Commission Staff report dated September 14, 1988. 2. Approved the granting of the Conditional Use Permit subject to the conditions outlined in staff report dated September 14, 1988, with the following exception: a. Since a Site/Landscaping Plan, technical data related to 400 watt and 1000 watt fixtures, etc. were not available, the Tribal Council was unable to evaluate the impacts of 400 watt vs. 1000 watt fixtures. Therefore, the Tribal Council did not comment on Condition No. 6. PUBLIC COMMENTS - Three Minute Time Limit ITEMS REMOVED FROM THE CONSENT AGENDA SIGN APPLICATION. Application by ROBERT RITCHEY for architectural approval of a main identification sign for the Bank of America in the Palm Springs Mall on the southwest corner of Tahquitz-McCallum Way/Farrell Drive, C-S-C Zone, Section 13 (Ref. Case 3.960) . Zoning Enforcement Officer explained that the sign application was reviewed by the Commission in the context of whether or not the Bank of America was entitled to an outside sign, and the Commission felt that the bank needed one. He stated that the AAC reviewed the design and colors and recommended approval except the Committee felt that the red color should be changed to rust. He stated that the side of the red letters would be blue and that the sign is in the bank's logo colors. M/S/C (Olsen/Edgmon; Hough absent) approving the sign application subject to the following conditions: 1. That the red color proposed for the letters be changed to rust. 2. That all sign faces have a matte finish. 3. That all other colors, as presented, are acceptable. September 14,1988 PC MINUTES Page 10 ITEMS REMOVED FROM THE CONSENT AGENDA (Continued) SIGN APPLICATION. Application by VONS MARKET for architectural approval of main '.� identification sign for Vons Market at Rimrock Plaza on E. Palm Canyon Drive, C-D-N Zone, Section 30 (Ref. Case 5.0090-CUP) . Zoning Enforcement Officer stated that Vons does not want changes in the sign program, submitted a design for a change of face in the front, are willing to have rust instead of red, and will repaint the building. Commissioner Edgmon asked if there was discussion about changing the monument sign. Zoning Enforcement Officer stated that there was discussion, but that the applicants have not changed it and no changes will be made to the monument sign until the applicant submits a different design. M/S/C (Olsen/Dotson; Hough absent) approving the Vons sign application subject to the following conditions: 1. That all sign faces have a matte finish. 2. That the lettering be rust colored for both signs. 3. That the return is to match the building for the wall sign. 4. For the monument sign, the background color is to match the building. SIGN APPLICATION. Application by IMPERIAL SIGNS for architectural approval of 2 reader board identification signs for the Canyon Collection (formerly Vineyard) at 275 S. Palm Canyon Drive, C-B-N Zone, Section 15. Zoning Enforcement Officer stated that the applicants are doing extensive cosmetic changes to the complex and are requesting reader boards in the flower beds identifying individual tenants, that staff has no concern over the design which is individual tenant letters lighted at night; that the AAC felt the signs should be removed from the planters to lower their height and also relocated to the front for easier reading by pedestrians; that the signs are perpendicular to the street and double faced. He stated that he did not know the maximum number of individual tenants. Angelo Torchia, owner of the property, stated that new tenants will be in the center soon; that the signs will be installed immediately and a major renovation will be done at the end of the season. He stated that the sign will be in the ground in the planters and that the height will be maintained at 7 ft. 2 inches . Chairman stated that relocation of the signs can be resolved with staff and the Commission will review the double faced signing. Commissioner Mills commented that the sign is well-designed. Commissioner Olsen stated that he had concerns about the signage when the renovation is started. September 14,1988 PC MINUTES Page 11 ITEMS REMOVED FROM THE CONSENT AGENDA (Continued) SIGN APPLICATION. (Continued) Mr. Torchia explained that the renovation is based on the amount of leasing and will be deferred, and that the signs could be changed when the renovation is done. Fie stated that the present signs will be removed. Zoning Enforcement Officer stated that the flower bed could be used as a flower bed only without the signage. M/S/C (Olsen/Mills; Hough absent) approving the sign application subject to the following conditions: 1. That the sign cabinet be removed from the planters to a grade level area. 2. That the mounding in the planters and the location be resolved with staff. CASE 3.0434. Application by KAPTUR & CIOFFI for architectural approval of a 256 unit apartment project, clubhouse, pools , tennis and parking for 398 cars including underground and surface parking spaces on the northeast corner of Amado Road/ N. Hermosa Road, R-4 Zone, Section 14. Chairman abstained, Commissioner Olsen presided. Planner (Abbas) presented the application and stated that the previous application had surface parking and the present proposal will have mostly underground parking. Roger Barcly, Torrance, California, the developer, stated that problems can be addressed with the Engineering Division and asked about the public art requirement. Commissioner Olsen explained that for all projects a certain amount of money has to be set aside for public art, not necessarily on-site, and that staff can help the applicant. Hugh Kaptur, 700 E. Tahquitz, stated that he had concerns about fire Department conditions #11 and #12. He stated that #11 requires an unnecessary 13 foot 6 inch high access in underground parking for fire trucks. He stated also that in condition #12 the turnaround radius for underground and surface parking is unreasonable and that the building is sprinklered. He stated that the project has access for fire trucks between the buildings, Class 3 standpipes, and access to the interior of the project. He suggested deletion of Fire Department requirements #11 and #12. Planning Director stated that the requirements are neither a Fire Code nor an ordinance requirement; that there is no reason to have a fire truck under a building; and that the Commission should recommend that the ...� structures be designed in a typical fashion. He stated that the building will be sprinklered and suggested that the Commission remand the conditions to staff. He explained that Planning will try to resolve the Fire Department conditions with the Fire Prevention staff. September 14,1988=' PC MINUTES Page 12 ITEMS REMOVED FROM THE CONSENT AGENDA (Continued) CASE 3.0434. (Continued) Commissioner Mills asked if the parking were a half level down and access provided at the entry. Mr. Kaptur stated that is the case and the Fire Department wants to be able to get fire trucks underneath the building. M/S/C (Mills/Whitney; Hough absent) approving the application subject to the following conditions: 1. That all recommendations of the Development Committee as amended be implemented. NB: Fire Department conditions #11 and #12 are to be resolved with Planning staff and the Fire Department. CASE 5.0423-MISC. Application by SUNLINE TRANSIT AGENCY for architectural approval of revised bus shelter design, citywide (Ref. Case 2.763) . Planning Director stated that several weeks ago Sunline Transit Agency and Sunrise Media came to the Commission with a proposal for bus shelters with advertising panels and that a recommendation for better design was made by the AAC and an architect retained. He stated that two different designs were submitted (since there is a difference in size between the models); that the transit agency plans to install the shelters throughout the valley; and that the structures are aluminium with a standing seam roof, lighted panels and free standing phones and benches (one of the standard City benches) . He stated that the roof will be weathering copper or terracotta colored and will be different depending on the surroundings; that the color of the panels could be varied (perhaps 6 or 7 colors for easier repaint) according to the background of the location; and that the two display panels are different (one is suspended and the other is triangular); and that the AAC felt that it should not be triangular. He stated that the shelters have not been reviewed by the Council but the Council is interested in getting the bus shelters built and that the City shares in the revenue, that the AAC was also concerned about the aesthetics of the lighting system; that roofs will be flat for solar panels for locations where there is no electricity; that the electricity generated will run the lights and the phones. He stated, in reply to Chairman' s question, that graffiti removal within a short time is within the contract and is one of the reasons for the limited palette of paint colors. In reply to Commissioner Whitney's question, Planning Director stated that the advertising will be ad campaigns with international graphics; and that the City has no control over the advertising. Lee Norwine, transit agency director, stated that Sunline can ask that a sign be removed and the company is required to do it under the contract. �•.� Chairman commented that the design is a great improvement over the original submittal . September 14,1988 PC MINUTES Page 13 ITEMS REMOVED FROM THE CONSENT AGENDA (Continued) CASE 5.0423-MISC. (Continued) Mr. Norwine replied that the Planning staff deserves the credit for the improvements. Commissioner Dotson questioned the advertising panels since off-site advertising is not permitted in the City. Planning Director replied that the City Council and the City Attorney will evolve language which will exempt the shelter's panels from the prohibition- of off-site signage and that the City Attorney indicates that language can be written that will not allow billboards or other off-site signing. He stated that staff recommends architectural approval , and if the Council wishes the ordinance 411=1fthen �be addressed; that final locations (57) in the City will be reviewed; that staff is concerned that the sign ordinance will be put in jeopardy; and that merchants may feel that the off-site signing is a problem, but the Council will have to address the issue. Chairman stated that if the Sign Ordinance becomes jeopardized by the off- site signing, there will be nothing but public notices on the shelter panels. Mr. Norwine stated that the agency is facing the reality of no resources; that private companies have been contacted and something has been developed which is compatible with location, needs, and desires. He stated that if something objectionable should appear in the advertising, it will be removed and the advertising company can proceed quickly to have graffiti removed and damage repaired. He thanked staff and the AAC for its contributions and stated that the contract is available for review. Planning Director stated that as a policy the bus shelters will be integrated with the development near where they are located which would eliminate advertising, and that Sunline maintains the shelters. Commissioner Whitney commented that she was concerned that private enterprise is being restricted by not allowing off-site signing, but the City obtains revenue from the advertising on the shelters so the City can do anything it wants. Commissioner Dotson asked about orientation of the signing. Planning Director answered that it is oriented to pedestrians, bus riders, and vehicular traffic. He also explained that the shelters are painted. Commissioner Dotson commented that he had problems with the City deriving funds from the advertising, and stated that also there should be some type of overhang for sun protection. Planning Director stated that there is no overhang, but there are 140 sq. ft. of shade under the roof and benches will be in the shade part of the time. He explained that there is some flexibility in the design of the .., shelters, although the company wants the shelters to be as modular as possible and is the reason for the choice of materials. September 14,1988 PC MINUTES Page 14 ITEMS REMOVED FROM THE CONSENT AGENDA (Continued) CASE 5.0423-MISC. (Continued) Commissioner Edgmon commented that the design is a vast improvement, although she still had problems with the aesthetics. She stated that she realized the design was for economic reasons and also that she did not like the prospect of advertising. She motel that the bus shelters in Rancho Mirage are well designed, and Mr. Norwine replied that they cost $30,000. Chairman asked about jeopardizing the sign ordinance. Assistant City Attorney stated that he did not realize that the City Attorney was to evolve the language, but that the advertising would be against the ordinance which would have to be amended. Commissioner Whitney stated that the City will receive revenue which is her main objection. Mr. Norwine stated that the revenue would be shared 50/50 with the City and the maximum would be $70,000 a year. Commissioner Whitney stated that the proposal makes a statement to the public that the City can allow advertising for its own revenue, but that private enterprise cannot. Assistant City Attorney stated that the revenue from the advertising is not a Commission concern. Mr. Norwine explained that both Beverly Hills and Irvine, California have approved the design of the shelters as well as the County and several valley cities, and that no precedent will be set. He stated that the other agencies have solved complications with their sign ordinance. Chairman stated that the Commission has jurisdiction over the architecture of the shelters and the reader boards for advertising. Commissioner Mills asked about the design of the advertising panels. A representative from Sunrise Media stated that there is a flat panel only (no three sided panel ) . Commissioner Whitney asked if the two issues could be separated in the vote, and Chairman agreed. M/S/C (Olsen/Whitney; Hough absent) approving the architecture as submitted for both bus shelter designs. Motion was made by Olsen to deny the flat reader panel with alternate funding to be explored. The vote died for lack of a second. M/S/C (Mills/Lapham; Hough absent) approving the single panel , double faced reader panel as shown. The motion was as follows: September 14,1988 PC MINUTES Page 15 ITEMS REMOVED FROM THE CONSENT AGENDA (Continued) CASE 5.0423-MISC. (Continued) Ayes: Edgmon, Mills, Lapham Noes: Olsen, Whitney, Dotson Absent: Hough There was a tie vote, therefore the motion failed. M/S/C (Mills/Whitney; Hough absent) approving the flat reader panel as shown as an architectural item (without addressing the advertising issue) . Commissioner Olsen stated that people who use the bus should pay for shalters. Mr. Norwine replied that the reality is that there is more need than revenue and Sunline is expending its own resources and no federal funding or other money is available. Commissioner Olsen asked about increasing the bus tickets five cents. Mr. Norwine replied that increasing ticket prices costs riders and that the buses remove cars from the road, which is a benefit. Commissioner Edgmon asked about the advertising contract. Mr. Norwine replied that the total tenure with Sunrise Media is for 20 years. He stated that the contract has constraints and a nice product has to be available or the contract will be revoked. MISCELLANEOUS ITEMS CASE 5.0490-MISC (Continued) . Commission review of non-conforming restaurant use and related parking requirements for a hotel at 2249 N. Palm Canyon Drive to determine whether the use is to continue, to conform to current standards, or a time extension granted. (The building has not contained a restaurant in excess of 180 days, and the non-conforming status has lapsed.) (This action is categorically exempt from Environmental assessment per CEQA guidelines.) Planner (Patenaude) stated that the application was continued for individual Commission field trips; that there has been a restaurant at the location sporadically up to 1976; that the building has 2,000 square feet; that the applicant wants to reopen the restaurant; that staff is recommending that the owner be allowed to place retail/commercial uses in the building and be given credit for the parking which is the reason for the non-conforming condition on the site. He stated that a restaurant would receive credit on parking and that parking would have to be found •� elsewhere to meet current standards of the parking ordinance. Commissioner Mills asked about available parking without forcing the applicant to build a lot within 300 feet. September 14,1988 PC MINUTES Page 16 MISCELLANEOUS ITEMS (Continued) CASE 5.0490-MISC. (Continued) Planner stated that there is very little parking in the area and that there is parking across the street, but it is difficult for patrons because of having to cross Palm Canyon. He stated that there is an office building on Olivera that has parking, although he was not sure whether or not there is bay parking on Olivera. Planning Director stated that there is a limited amount of parking; that there are lots that could be developed; that a day/night combination could be used; and that the City tries to be fair, but there is a difficulty with an old use development. He stated that some curb parking is available but the parking should not be allowed to impact the neighborhood and that when parking is removed from Palm Canyon in the future, parking will become more difficult. Commissioner Dotson asked if the applicant has tried to make parking arrangements. Planning Director stated that he did not believe so, but that the applicant is waiting to determine the Commission direction, and that staff's recommendation is to allow usage as retail without any additional parking or to allow credit for retail parking which' Would allow 15 seats for a restaurant. Commissioner Edgmon stated that the building is appropriate for a restaurant and the applicant has requested 10 tables. Planning Director stated that the average number of patrons for the tables is uncertain but there could be four diners per table. Planner stated that there are 16 substandard spaces for cars, and that the hotel has 12 rooms so only four parking spaces are allowed. In response to Commissioner Whitney' s question, Planning Director stated that there are no present plans to remove parking from Palm Canyon (a change which will probably occur within four to five years) . Chairman commented that when another restaurant used the building, there was no parking problem. Planning Director stated that if the restaurant is very successful , there could be a parking problem. Chairman explained that the cars would be on the street and a restaurant has been in the location for years. He stated that there has not been a restaurant in the building for 180 days. Commissioner Mills stated that the applicant should make an effort to obtain shared parking in the evening from a neighbor. Assistant City Attorney noted that the application can be continued to give 11..- direction to the applicant to find parking. Chairman declared the hearing open. September 14,198 8 PC MINUTES Page 17 MISCELLANEOUS ITEMS (Continued) CASE 5.0490-MISC. (Continued) John Latimer, property owner, stated that the owner of the vacant property behind the building wants to build a tennis court on it; that other cars park in a field; that permanent hotel guest parking could be moved behind the building; that ten tables would be adequate and that two chairs could be used at some of the tables to reduce parking. He stated that the only other space is the vacant lot by Riccio's Restaurant. Chairman stated that he felt there would not be a problem because of the lack of generation of people in the area. M/S/C (Olsen/Whitney; Dotson dissented; Hough absent) approving the non- conforming restaurant use based on the following findings and subject to the following conditions: Findings 1. The proposed use is consistent with and is an allowable use within the C-1 zoning classification. 2. The original use of the building was a hotel with commercial space, often occupied by a restaurant or retail uses, and retail use is not more intensive than the original intended use. 3. There is no use for the building that will not impact the parking situation. 4. Retail use is compatible with the character of the neighborhood and surrounding businesses. Conditions 1. That the applicant prepare a parking plan acceptable to staff. 2. That when Palm Canyon parking is removed in the vicinity of the site, continued approval will depend on another kind of parking arrangement. CASE 5.0410-MISC. - DWA-CIP (Continued) . Planning Commission review of the DESERT WATER AGENCY Capital Improvement Program for 1988-89 FY. Planning Director stated that one of the State mandates is for the Commission to review capital programs for the utilities and special districts in its jurisdiction to determine whether the CIP's are consistent with the City's General Plan and that staff has no particular concerns with the DWA CIP. He discussed some of the proposals (on file in the Planning Division) . M/S/C (Mills/Edgmon; Hough absent) finding that the proposed DWA CIP is �,. consistent with the City's General Plan. September 14,1988 PC MINUTES Page 18 MISCELLANEOUS ITEMS (Continued) CASE 20.108. Planning Commission review of sign variance for auto race track, northwesterly of Gene Autry Trail , south of I-10 in the Sphere of Influence. Planning Director stated that the race track developer is asking for a sign variance from the County and that the City is reacting to it; that a draft EIR has been given to the County and that after it comes back as a public document it will be reviewed by the City. He stated that the sign requested is 60 feet high on top of a 15 foot berm; that part of the sign is open; that 10% of the sign is the reader board; that the location is on I-10 between Palm Drive and Varner Road; that the AAC felt that the sign design could be greatly improved and the Committee felt that there was no need for a sign at the scale proposed. He stated that the sign does not obstruct views. Chairman commented that the applicant should spend money for a well- designed sign. Commissioner Whitney asked if the City could have input. Planning Director replied that the City can comment, although the City' s preliminary comments on transportation and access on Gene Autry Trail and the freeway have already been submitted for the draft EIR. He stated that if the area is not annexed, the City cannot force City requirements; and that staff recommends denial of the variance and restudy of the sign. F� Commissioner Mills commented that processing time is faster through the County than the City. Commissioner Olsen questioned whether or not the City could require a better sign. Planning Director explained that the County allows a 50 ft. height; and that the sign is 80 ft. high. Chairman suggested that the City indicate to the developers that they are doing themselves a disservice by not erecting a well-designed sign and that the Ontario raceway sign was well-designed. Planning Director explained that the Ontario sign was 150 ft. high. M/S/C (Mills/Edgmon; Hough absent) recommending denial of the variance(due to lack of necessary findings)and restudy of the sign design. CITY COUNCIL ACTIONS. Update of City Council actions. Council Agenda - September 7. Council had a large agenda on September 7. All items sent from the Commission were approved except for Case 5.0460 (Merickel Development) which was continued to a joint study session on September 20 with the Commission. The Council wants assurance that the project is not a detriment to the neighborhood. September 14,1988 PC MINUTES Page 19 MISCELLANEOUS ITEMS (Continued) COMMISSION/STAFF REPORTS OR REQUESTS. Regular Planning Commission Study Session. From 3:00 to 5:00 p.m. , September 21, Large Conference Room. Agenda to include review of tennis court standards, discussion of AAC composition, discussion of construction of temporary fences, and review of the American Planning Association meeting in Palm Springs from October 23 - 26. Horse Racing License. Commissioner Whitney stated that she had heard that the City had had a horse racing license since 1928. Planning Director replied that he had not heard anything about it. Mel Haber Project (Case 5.0466-PD-196) . Redevelopment Agency agreed to pay 10,000 of design costs and $35,000 for the EIR irregardless of the outcome because the project is in a redevelopment area. Main Street. A representative from the State Architect's office will be the speaker. Recommendations from the City design committee will be presented. Meeting will be at 7:00 p.m. in the Wyndham Hotel , September 14. ADDED STARTERS. (Determination of eligibility for consideration.) None. ADJOURNMENT There being no further business to discuss, Chairman adjourned the meeting at 3:15 p.m. PLANNING DIRECTOR 11DR/ml WP/PC MINS PLANNING COMMISSION MEETING MINUTES Council Chamber, City Hall September 28, 1988 • 1:30 p.m. ROLL CALL F-Y 1988 - 1989 Present Present Excused Absences Planning Commission This Meeting to Date to Date Larry Lapham, Chairman X 5 1 Gary Olsen X 6 0 Barbara Whitney X 5 1 Brent Hough X 4 2 Martha Edgmon X 5 1 Chris Mills X 4 0 Mike Dotson X 3 0 Staff Present Marvin D. Roos , Planning Director Siegfried Siefkes , Assistant City Attorney Sherri Abbas , Planner Richard Patenaude, Planner Margo Williams, Planner Douglas Evans, Planner Dean Lewis, Traffic Engineer Mary E. Lawler, Recording Secretary Architectural Advisory Committee - September 26, 1988 • Brent Hough, Chairman Absent: Mike Buccino William Johnson Will Kleindienst Tom Doczi Reuel Young Chairman called the meeting to order at 1:30 p.m. Minutes of September 14, 1988 will be approved at the October 12 meeting. REPORT OF POSTING AGENDA: The September 28, 1988 agenda was available for public access at the City Hall exterior bulletin board and the Planning Division Counter by 1:30 p.m. , Friday, September 23. •