HomeMy WebLinkAboutOrd 656 Permitted Conditional Uses ZOA 91-2 CITY OF PALM DESERT
DEP:...-MENT OF COMMUNITY DEVELOF fT
TRANSMITTAL LETTER
I. TO: Honorable Mayor and City Council
II. REQUEST: Consideration of an amendment to the zoning
ordinance as it relates to permitted conditional
uses in the P Public/Institutional Zone.
III. APPLICANT: City of Palm Desert
IV. CASE NO: ZOA 91-2
V. DATE: August 22, 1991
VI. CONTENTS:
A. Staff Recommendation.
B. Discussion.
C. Draft Ordinance No. 656
D. Planning Commission Staff Report dated August 20, 1991 .
E. Related maps and/or exhibits.
A. STAFF RECOMMENDATION:
Waive further reading and pass Ordinance No. 656 to second
reading.
B. DISCUSSION:
The proposed code amendment, if adopted, will permit a "swap meet-
street fair" type of activity as a conditional use in the P zone
which College of the Desert is zoned. Adoption of this amendment
will permit the city to process a conditional use permit for the
ongoing street fair at the college. This CUP then can be fully
assessed and denied or approved subject to conditions which would
be imposed on the operation.
This proposed amendment was before planning commission at its
August 20, 1991 meeting. If commission fails to recommend approval
staff will so advise city council and this matter will be continued
to a further date certain.
Prepared by:
Reviewed and Approved by: Lh& c-1'
� d�E
SRS/tm
MEETING DATE
'CONTINUED TO Inp D'
C] PASSED TO 2ND READING
ORDINANCE NO. 656
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, AMENDING
CHAPTER 25.38 OF CODE OF THE CITY OF PALM
DESERT, CALIFORNIA, RELATING TO THE P-
PUBLIC/INSTITUTIONAL DISTRICT.
CASE NO. ZOA 91-2
The City of Palm Desert, California, DOES HEREBY ORDAIN as follows:
SECTION 1 . That 25.38.030 of the Code of the City of Palm
Desert, California, be, and the same hereby is, amended by adding to
said section the following subparagraph.
"Q. Outdoor sales of arts, crafts, clothing, goods, wares and
other merchandise. "
SECTION 2. The City Clerk shall certify as to the passage and
adoption of this ordinance and shall cause the same to be published once
in the Palm Desert Post, a newspaper of general circulation, printed,
published, and circulated within the City of Palm Desert, and the same
shall be in full force and effect thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this
day of , 1991, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
WALTER H. SNYDER, Mayor
ATTEST:
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California
SRS/tm
CITY OF PALM DESERT
DEPA—.'IENT OF COMMUNITY DEVELOP T
STAFF REPORT
TO: Planning Commission
DATE: August 20, 1991
CASE NO: ZOA 91-2
REQUEST: Amendment to permitted conditional uses in the P,
Public/Institutional District Zone.
APPLICANT: City of Palm Desert
I. BACKGROUND:
As commission is probably aware there has been considerable
discussion regarding the ongoing "swap meet"-"street fair" which
operates at the College of the Desert. The city' s original
position was that the city could not regulate activities on State
owned property.
This position has changed recently and the city attorney feels that
the city can regulate functions on the college site if they are
uses other than the primary operation of the junior college.
In order that the ongoing swap meet-street fair can be reviewed and
regulated we must first insert the use as a permitted conditional
use in the P zone which the entire college is zoned.
This will then permit the college or the alumni association to
apply for the necessary conditional use permit and will allow the
community to make their feelings known at a future public hearing.
II. DISCUSSION:
The draft resolution attached hereto will insert swap meet-street
fair as a permitted conditional use in the P public/institutional
zone ( section 25. 68.030 Q) .
III. ANALYSIS:
A. FINDINGS:
1 . That the zoning ordinance amendment is consistent with
the objectives of the zoning ordinance.
2. That the zoning ordinance amendment is consistent with
the adopted general plan.
3. That the zoning ordinance amendment will better serve the
public health, safety and general welfare.
STAFF REPORT
ZOA 91-2
AUGUST 20, 1991
B. ENVIRONMENTAL REVIEW:
The director of community has determined that the proposed
code amendment is a class 21 categorical exemption and no
further review is necessary.
IV. RECOMMENDATION:
Staff recommends:
A. Adoption of the findings delineated in the staff report.
B. Adoption of Planning Commission Resolution No.
recommending approval of ZOA 91-2 to the city council .
Prepared by ,
Reviewed and 'Approved by/
SRS/tm
2
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY
COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT
AMENDING SECTION 38.030 PUBLIC/INSTITUTIONAL OF THE
CODE OF THE CITY OF PALM DESERT.
CASE NO. ZOA 91-2
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 20th day of August, 1991, hold a duly noticed
public hearing to consider an amendment to the zoning ordinance to
insert subsection "Q" into section 25.38.030 (conditional uses in the
public/institutional zone) ; and
WHEREAS, said amendment has complied with the requirements of the
"City of Palm Desert Procedure for Implementation of the California
Environmental Quality Act, Resolution No. 80-89, " in that the director
of community development has determined the amendment to be a class 21
categorical exemption for purposes of CEQA; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to
be heard, said planning commission did find the following facts and
reasons to exist to approve a zoning ordinance text amendment:
1 . That the zoning ordinance amendment is consistent with the
objectives of the zoning ordinance.
•
2. That the zoning ordinance amendment is consistent with the
adopted general plan.
3. That the zoning ordinance amendment will better serve the
public health, safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of Palm Desert, California, as follows:
1 . That the above recitations are true and correct and constitute
the findings of the commission in this case.
2. That the planning commission does hereby recommend to the city
council approval of Zoning Ordinance Amendment 91-2 as
provided in the attached exhibit, labeled Exhibit "A. "
•
PLANNING COMMISSION R 1LUTION NO.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 20th day of August, 1991, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CAROL WHITLOCK, Chairperson
ATTEST:
RAMON A. DIAZ, Secretary
SRS/tm
2
PLANNING COMMISSION 1 LUTION NO. 411
EXHIBIT "A"
Section 1
That section 25.38.030 of the municipal code be and the same is
hereby amended by adding to said section the following subparagraph.
"Q. Outdoor sales of arts, crafts, clothing, goods, wares and
other merchandise. "
3
SPECIAL MEETING
MINUTES
. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
WEDNESDAY - JULY 10, 1991 - 3:00 P.M.
COMMUNITY SERVICES CONFERENCE ROOM
73-510 FRED WARING DRIVE
* * * * * * * * * * * * * * * * * * * * * *
I. ROLL CALL
Present : Absent:
Dave Tschopp, Chairman George Berkey
Diane Cox Don Hedlund
Frank Goodman
John Ceriale
Hank Stokes
Others Present:
Walt Snyder, Mayor
Bruce Altman, City Manager
Paul Shillcock, ACM/Economic Development Director
Dave Erwin, City Attorney
Bill Adams, Attorney Representative
Jim Richards, Planning Commission Liaison
Carol Whitlock, Planning Commission Chairperson
Dan Ehrler, Chamber of Commerce
Donna Gomez, Secretary
•
II. DISCUSSION ITEMS:
College of the Desert Street Fair
Mr. Tschopp indicated that this item was referred by the
Planning Commission for review and recommendation by the
Economic Development Advisory Committee.
Mr. Altman explained that there has been some controversy
surrounding the COD street fair and that there are
lawsuits currently pending. COD submitted a request to
the City for a conditional use permit (CUP) and a zoning
ordinance amendment (ZOA) to allow the use of their
property for an open air street fair.
Mr. Shillcock explained that Mr. Erwin was present in
order to relate to the committee what points are
appropriate for this committee to discuss. Any
recommendations will be forwarded to the Planning
Commission in their entirety.
MINUTES
ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
JULY 10, 1991
Mr. Erwin explained that it was important that the
committee treat this item as a normal agenda item under
the purview of this committee. It should be addressed
from an economic standpoint. COD is currently zoned "P"
(public) which permits public uses subject to a
conditional use permit. The litigation that has been
filed is designated as a request for a writ of mandate
which would be an order from the court directing someone
to do something. The question is whether an open air
retail market of this type is allowed even with a CUP.
The lawsuit was filed by a recently formed group called
Concerned Citizens of the Coachella Valley, Inc. Mr.
Erwin indicated they had requested the names of the people
involved with the group but have not received any further
information at this time.
Mr. Adams noted that it includes approximately 30 members
ranging from Palm Springs to Palm Desert.
Mr. Richards asked about the fact that this is State
property which he has been told the City has no right to
regulate activities or building.
Mr. Erwin noted that this was not the case. He explained
that if the City wishes to impose its zoning ordinance on
community college land, they must give notice to the
college board. The board then either votes to accept this
or determines that they be exempt. That determination is
to be made only for the educational facilities. The
challenge is whether this determination was correct.
Mr. Altman indicated a letters was written by the college
board requesting that we do this.
Mr. Erwin explained that there is currently a case in. the
4th District court which handed down a final decision that
basically stated that an open air retail market was not a
public use.
Mr. Ehrler explained that there had been an agreement
discussed between Palm Desert merchants and COD in which
the City acted as facilitator. It was his understanding
that certain merchandise would no longer be sold at the
street fair.
Mr. Richards asked if there is a past case law does it
automatically make any other same activity illegal .
MINUTES
ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
JULY 10, 1991
Mr. Erwin noted that there are other elements that come
into play in this case that may allow it to be a separate
issue (ie: COD pre-existed the City) .
Mr. Stokes noted that the group is asking that the City be
required to enforce their rules that would prevent outdoor
selling on that site. He asked it the City were to
approve the rezoning of the site would that pull the rug
out from under the groups case. Mr. Erwin stated that it
would. He noted that another position they may take is
that City Council has the authority to use its discretion
to not require enforcement.
Mr. Goodman felt the zoning amendment and the law suit are
only parts of the legal proceedings and that the real
question was whether they actually want the street fair in
Palm Desert.
Mr. Altman noted that was part of the issue at hand and
explained that the City has received a lot of criticism
for not taking a stand on this issue. He noted that the
process this item will go through will give the public an
opportunity to tell us what they want.
Mayor Snyder noted that he has received several arguments
for the street fair and several arguments against it. He
felt that it was about a 50/50 split.
Mr. Goodman felt this should not be a decision for the
people. He felt the City has a responsibility to maintain
the property values and to provide a safe and healthy
shopping atmosphere.
Ms. Cox noted that this is an issue that affects all of
Palm Desert, not just the street fair. She indicated she
had spoken to several people about the events taking place
in Palm Springs. She felt it was very important to watch
what happens there. Ms. Cox was opposed to the vendors
only paying a $20. 00 fee as compared to the rents charged
on El Paseo.
Mr. Tschopp felt the committee should concentrate on
specific areas such as if the street fair is in the best
economic interest of the City and what type of benefits it
provides to the citizens of the community. The funds COD
are raising are being used for college programs and
scholarships.
3
MINUTES
ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
JULY 10, 1991
Mayor Snyder mentioned that COD has conducted a survey
which showed that people come from as far away as Fontana
just to visit the street fair.
Mr. Stokes felt that the community would be in favor of
keeping the street fair on an 8-2 basis. He hoped to have
a solution that would work for both COD and the business
community. He suggested doubling the daily fee for
selling at COD and using the additional money charged for
promotion of retail business in Palm Desert.
Mr. Ceriale felt swap meets and discount centers were
offensive but indicated that 's what people are looking
for. They are asking the concierge at the Marriott where
to find these places. He noted that the demand is there
and if Palm Desert doesn ' t provide it, someone else will .
He felt the street fair went against the grain of what
Palm Desert is trying to attract, high end shopping. He
noted he was aware of several wealthy people that shop at
the street fair including the residents of Morningside
Country Club where he lives.
Ms. Cox noted that most of the vendors are not Palm Desert
residents and are not spending much money here either.
She felt another big problem was the Cabazon and Barstow
factory outlet centers.
Mr. Goodman suggested the vendors be made to pay an equal
share or their fair share.
Mr. Stokes suggested that they pay a significant fee and
that a board be created to govern the street fair. The
board could include people from the City, COD and the
business community.
Mr. Ceriale noted that if he was creating a street fair he
would not want anyone from the town center or El Paseo to
be on the board.
There was some concern expressed over the possibility of
opening up any "P" zoned property for this type of use
with the approval of a conditional use permit. This would
demand additional regulation by the board that was
created.
4
MINUTES
ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
JULY 10, 1991
Mr. Tschopp felt it was important to assess what benefits
and impacts are being brought to the community/city that
are not being reimbursed. He asked if they would allow
the street fair to operate and the City keep providing
services and not charge for them.
Mr. Goodman noted that people like to come to Palm Desert
where they feel comfortable and not afraid.
Mr. Tschopp noted that people are coming here from out of
the area and staying over night and using the facilities.
He felt that retail companies wanting to locate in Palm
Desert might be dissuaded when they see the street fair.
It could have a negative impact on these organizations
looking for locations.
Mr. Ceriale noted that his wife would still shop the
street fair if it moved but she will also continue to shop
at the Town Center and on El Paseo.
Mr. Altman indicated that the only fees the vendors
currently pay the City are sales taxes and business
license fees.
Mayor Snyder indicated that business license fees are
based on gross receipts and the City gets 1* of the gross
sales if accurate records are kept. He noted that there
are no restrooms at the street fair and that the bus can ' t
even stop at the designated bus stop because of the
traffic/parking.
Mr. Richards noted it was a challenge to the retailers to
figure out how to get some of that business.
Mayor Snyder noted that the street fair started as a
vegetable fair and has grown over the last several years
to what it is today.
Mr. Stokes suggested they also reinstitute the same
restriction on the type of items being sold.
Mr. Adams indicated that any condition can be placed on
the project with the CUP process. He noted that, although
vendors may have year-long contracts with COD, they would
have to comply after their contract expires.
5
•
MINUTES
ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
JULY 10, 1991
Mayor Snyder felt they were heading in the right direction
with the restriction of items sold and additional fees.
He also suggested that additional conditions relating to
restrooms, electrical hook ups and parking solutions be
recommended.
Mr. Richards felt that if COD knew they had an ongoing.
thing they might be willing to make some capital
improvements to better accommodate the street fair.
Ms. Cox asked if other cities with this type of open air
market had been contacted on how they monitor sales. Mr.
Altman explained that there is very little they can do
because most are cash sales.
Mr. Goodman suggested customers be required to show a
sales receipt at the exit.
Mr. Richards asked whether it would be worth hiring
someone for S20, 000 a year to enforce this. Mr. Altman
noted that it is the State 's responsibility to enforce
this and the City could not do it.
Mr. Ceriale felt that the State should have some way of
regulating these street fairs, especially with the budget
problems their having.
Mr. Stokes suggested they list the conditions that they
would recommend be placed on any approval of a CUP.
Mr. Altman suggested changing it to allow Sunday only
which would provide sales when most other retail
businesses are closed. Mayor Snyder suggested a list of
conditions be imposed including proper signage, COD
collecting additional fees, public safety, restrooms, etc.
It was suggested that the City charge additional business
license fees for open air sales.
Mr. Stokes felt a street fair was suitable if it 's put
under very rigorous conditions.
Mr. Richards noted that the college provides a necessary
asset to the community. He feels they have their back to
a wall and this is their way of trying to raise some
money.
6
MINUTES
ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
JULY 10, 1991
Mr. Goodman noted that there is nothing that states COD
can ' t hold the street fair somewhere else.
Mr. Richards suggested some type of recommendation that
additional conditions be placed on the street fair that
would include putting some money back into the affected
parties and clean it up. Mr. Goodman indicated he would
vote for a motion to that effect.
Mr. Tschopp suggested that COD be reminded that all
vendors must be in compliance with all sales tax laws,
etc.
Mr. Shillcock noted that this item will be before Planning
Commission in September.
Mr. Ehrler requested a copy of today 's discussion and any
final recommendations. He noted that the Chamber
basically has taken the same stand as the City by not
taking a position. He noted they have received a formal
request from Chamber members to take a stand. He would be
taking the information from this meeting to the Chamber
Board for discussion.
Mr. Stokes felt it was important for the City Council to
not take the easy way out which would gain the bitterness
of the business community.
Ms. Whitlock agreed that the direction the EDAC was
heading was the way to handle the situation.
Mr. Richards felt it was important to place conditions on
the project that would make it only allowed in this one
location.
Mr. Adams noted that the Santa Ana case required an EIR
for their swap meet.
Mr. Stokes felt it might be useful for staff and two City
Council members to meet with the principals involved
before the Planning Commission meeting.
Mr. Richards didn ' t feel the timing was right for this
since it has been going on for a long time. He suggested
they proceed with staff preparing the recommendation.
7
MINUTES
ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
JULY 10, 1991
It was MOVED by Mr. Stokes, seconded by Mr. Goodman to
recommend that additional restrictions and conditions be
placed on the COD street fair. Suggestions listed should
not be limited to these but could include the following:
o Open weekends only
o Additional significant fees be charged to be used for
promotion of all Palm Desert retail business
o Support Facilities - restrooms, electrical hook-ups,
parking, etc.
o Establish a board to oversee the street fair. To be
made up of COD representatives, business community and
City representatives
o Reimbursement of any charges incurred by the City for
services provided
o Reinstitute limitations as previously agreed on the
items for sale
III. MISCELLANEOUS COMMENTS
None
I V. ORAL COMMUNICATIONS
None
V. ADJOURNMENT
It was moved by Mr. Goodman, seconded by Mr. Stokes to
adjourn the meeting at 4:25 p.m.
/dlg
8
` MINUTES
PALM DESERT PLANNING _...1FtIF ION
AUGUST 20, 1991
moved for a continuance. The motion died due to a lack of a
second.
Commissioner Jonathan made a motion to approve the findings
as presented by staff.
Action:
Moved by Commissioner Jonathan, seconded by Chairperson
Whitlock, approving the findings as presented by staff.
Commissioner Richards asked for clarification on the 25 feet
height. Mr. Drell stated that it would be measured from the
average curb elevation; the height would be measured from that
curb and he would have to have a very minimum grade of
slightly subgrade back where the second story would be located
to achieve the 25 feet in height. Motion carried 5-0.
Moved by Comm2s:;ioner Jonathan, seconded by Chairperson
Whitlock, adopt _ng Planning Commission Resolution No. 1531,
recommending to ,:ity council approval of GPA 91-2, C/Z 91-2,
PP 91-8, and dEnial of VAR 91-2 subject to conditions as
amended. Carried 5-0.
C. Case No. ZOA 91-2 - CITY OF PALM DESERT, Applicant
Request for an amendment to permitted
conditional uses in the P,
Public/Institutional District Zone.
Mr. Diaz stated that this hearing was not to discuss the pros
and cons of the College of the Desert street fair, but the
purpose of the hearing was to discuss the pros and cons of
whether or not the city should allow open air sales in the P
zone with a cor..-:iitional use permit. The net result of that
would be that if the ordinance amendment was adopted
ultimately by the city council and enacted, then an
application for conditional use permit could be made and a
public hearing on the specific permit applied for would be
held before the planning commission. He stated that the
ordinance was fairly simple and would amend the conditional
use provisions of the P or public zone and basically that zone
encompasses all public institutions of education, as well as
certain other publicly owned parcels. He stated that an
application for a conditional use permit would have to be made
by the agency that would hold that parcel and the hearing
would be before the planning commission. He noted that
7
1
MINUTES
PALM DESERT PLANNING �...1 ISSION
AUGUST 20, 1991
letters in opposition had been received from the El Paseo
Business Association, Cameron' s of El Paseo, and there was a
letter before commission from the Chamber of Commerce opposing
the ordinance change as it was written and recommending that
the ordinance change be extended to other commercial zones so
that privately owned property could also apply for a
conditional use p3rmit. Staff did not have a problem with
amending the wo::.dwng of the ordinance to include other zones
or having a hearing on those other zones. He clarified that
the hearing was .efore the commission without the conditional
use permit application because of the litigation filed against
the city requesting that the city terminate the street fair
at the college and in order to demonstrate to the courts that
the city was proceeding, the city had to proceed with the
zoning ordinance amendment. Staff had requested that the
hearing be delayed so that the conditional use permit and the
zoning ordinance amendment would be heard simultaneously, but
those persons filing the writ did not wish to continue the
matter. He requested that those present wishing to speak on
the ordinance change limit their comments specifically to the
issue of the ordinance change, not to the pluses and minuses
of the street fair at the College of the Desert. He advised
that the appropriate time for that testimony would be at the
time the conditional use permit hearing was held on that
specific application should this ordinance amendment be
enacted. He sta';ed that the ordinance amendment was also
scheduled befui the city council on August 22, 1991 because
of the time cc,r: 3=:raints and if this hearing were continued,
then the counci._ .iearing would also be continued. He stated
that the matter would go to the city council whether the
commission recommended approval or denial because the
ordinance change was requested at the council level . He
explained that the ordinance amendment would allow the city
to discuss the issues specifically at a separate hearing.
Staff recommended to the planning commission that it recommend
to the city council approval of the amendment and incorporate
the request of the Chamber of Commerce that the ordinance be
revised to permit the use in other particular zones with a
conditional use permit.
Chairperson Whitlock opened the public testimony and asked if
anyone wished to speak in FAVOR or OPPOSITION to the proposal.
MR. DAN EHRLER, Executive Vice President for the Palm
Desert Chznber of Commerce, informed commission that
their boar of directors met at a special meeting to
8
MINUTES
PALM DESERT PLANNING _ ..KMISSION
AUGUST 20, 1991
discuss 31. 1 form a position regarding the ordinance
amendment . He read for the record the action by the
board as ':rpliows: "This communication is to inform you
of the position the Palm Desert Chamber of Commerce Board
of Directors has taken on the proposed City of Palm
Desert request for an amendment to permitted conditional
uses in the P/Public Institutional District zone.
Following thorough discussion the chamber' s board of
directors voted to recommend to you, the planning
commission, and city council its opposition to the
proposed ordinance which is on your agenda for action
as tonight g it is written. Instead of the proposed
ordinance, we respectfully offer an alternative ordinance
or additional language to the proposed ordinance for your
consideration. The Palm Desert Chamber of Commerce Board
of Directors recommends its support for an ordinance
which would allow open air sales to both public and
commercially zoned locations in Palm Desert. With this
suggested rrdinance, we also have deep and very serious
concerns ; girding the controls which should be included
in the con, .i.tional use permit process. Thus we request
to be included in any comprehensive review process during
conditional use permit approval procedures for any open
air selling applications which come to the city. We
strongly believe this is a question of fairness and the
implementation of very specific responsible and
appropriate conditions to conditional use permits. While
open air sales are less than advantageous if left
uncontrolled; supporting an ordinance which would open
the conditional use permit process to commercial and
public zoned entities would at least put the process on
an even playing field. The Palm Desert Chamber of
Commerce believes that allowing the process to exist on
an equal basis would ultimately be most beneficial to the
city, our businesses and shoppers. " On behalf of the
Palm Desert Chamber of Commerce Board of Directors, a
very sincere word of appreciation for your consideration
of this , ujgestion and if you have any questions
regarding his process or the decision of the board, we
can answer them.
Commissioner Ricnards asked for an example of what the chamber
had in mind (i . e. Town Center parking lot sale on a regular
basis or one time) . Mr. Ehrler stated that they were
requesting the equal application of the process by any entity;
right now the way the ordinance was written it was only being
9
MINUTES
PALM DESERT PLANNING _MISSION
AUGUST 20, 1991
offered to public institutional zoned areas to come to the
city with an application for a use permit to hold such an
event. He felt the same opportunity should be given to any
commercially zoned entity as well. If a business or area
where business is conducted wished to put on what would be
considered open air selling, they would go through the same
conditional use permit process.
Mr. Diaz clarified that a one-time event could be approved in
the present ordinance in the commercial zone with a special
use permit apprcved by the director of community development.
He stated that this ordinance was intended to be for on-going
events.
Commissioner Richards asked Mr. Ehrler for an example of this
use in the commercial zone; Mr. Ehrler replied that if there
were an open air selling concept that came about by a section
of town on Highway 111 ( i.e. Palms to Pines shopping area) and
the merchants there collectively wanted to do something that
was defined as open air selling, in the same concept now being
applied to the street fair, if they wanted to have it on a
regular of basis or even specific months during each year,
they should have the same opportunity to come to the city and
apply for that opportunity to hold such an event.
Commissioner Richards asked Mr. Diaz if the El Paseo merchants
wanted to hold a Saturday or Monday event and wanted to hold
it in the street Dr parking lot, would staff still have to
comply with all parking and other regulations; Mr. Diaz
responded that under the special use permit provisions a
special permit culd be granted for a one time event. What
the chamber was ,asking for was the same right to request of
the commission the opportunity the have an ongoing event so
that they could also request a street fair ( i.e. even on El
Paseo) and there would be a public hearing on each specific
request that the commission could approve, approve with
conditions, or deny. He stated that the chamber was
requesting that the same regulations apply to commercially
zoned properties that is being granted to publicly zoned
property. Mr. Ehrler concurred and indicated that at the same
time they were expressing their concern about the conditions
and wanted to take an active role in that process. Mr. Diaz
clarified that the use would have to be done on privately
owned property, not on public sidewalks. Commissioner
Richards requested assurance that current ordinances regarding
parking, etc. , would not be violated. Mr. Diaz concurred.
10
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PALM DESERT PLANNING __MMISSION
AUGUST 20, 1991
Mr. Ehrler stated that an owner of a commercially zoned area
would have tho srsr,e opportunity to submit an application for
a conditional u=. a permit which would be conditioned, was what
they were askinc ; or, which he felt would be equitable to both
the commercially zoned property owner and the public
institutional zoned properties.
Commissioner Jonathan asked for confirmation that under this
proposal the applicant would have to go through a conditional
use permit process; Mr. Diaz concurred. Commissioner Jonathan
asked if the applicant was on commercially zoned property,
could he go through the same request today; Mr. Diaz replied
no and it was clarified that the wording would have to be
added to this ordinance to say that it should also be
applicable to other commercial zones. Commissioner Erwood
asked if there were any rational basis for distinguishing
between public and commercial zones. Mr. Diaz stated that
staff would accept the recommendations of the chamber,
stressing that this would allow them the opportunity to ask
for the conditional use permit. Commissioner Downs concurred.
Mr. Ehrler stated that it was a question of fairness in
applying to both entities the same process. Commissioner
Richards indica ;ed that the only way he could envision this
in the commercial zone was for a developer to come in with a
large vacant parcel with a lease on the land for a specific
length of time and would segregate a portion for parking,
provide public restrooms, etc. , and would mitigate any city
requirements. Commissioner Jonathan suggested as an example
the merchants in the Town Center coming to the city saying
that their stores don't open until 11 :00 a.m. on Sundays and
they would request an open air swap meet from 6:00 a.m. to
10:00 a.m. , which he felt was a conceivable request, and he
did not have a problem with the chamber' s request.
Chairperson Whitlock asked if anyone else wished to address
the commission.
DR. PAUL CP.MPBELL, President of the El Paseo Business
Associatio speaking on behalf of the business community
and himse_.f, congratulated the commission on their
courage any:.` wisdom in approving a controversial country
club project. He did not feel the current request was
a controversial problem and stated that what was really
being considered was a law. He stated that previous city
leaders set up an ordinance that prohibited open air
11
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PALM DESERT PLANNING .,.4.M: S 3ION
AUGUST 20, 1991
selling and they did that for reasons they thought were
valid. He felt some of those reasons were that they did
not want to change the image of Palm Desert to look more
like Palm Springs and did not want shoddy goods or stolen
items, counterfeit items or that sort of thing made
available to the general public in such an easy way. He
felt that perhaps the most important part of their
decision was the fact they didn' t feel the general tax
payer should go through tax subsidies to support open air
selling on public property. He asked why the city
council and staff would minimize the value of the
business coiarrunity, which they tended to do, and the
other question was why would they rather change the
ordinance ;Man to enforce the current one that was in
effect. Is felt the answer was quite simple; it was
politicall popular and that was the only reason it was
before the commission. He mentioned that when a sample
ballot was received from the State for an election, it
gave an estimate of cost of what new laws changed would
be brought to bear upon the tax payer. Since Mr. Diaz
referred to the College of the Desert and street fair,
he commented on the fact that they made in the
neighborhood of $300, 000 per year to the alumni
association. He said that they had no fight with that
or with the use they put it, but nobody seemed to say
anything about the loss of sales tax to the community and
based on experts opinions of income around $15 million,
that would mean the city would lose sales tax in the area
of over $1 million per year at the current level, saying
there was a cost involved which no one mentioned as far
as what :he tax payer had to come up with in addition to
subsidizin the street fair, or public selling. He hoped
that the p: mining commission would show the same courage
and wisdom that the predecessors had when the law was
established originally and commented that, "If it works,
don' t fix it. "
MR. SHERMAN, of El Paseo, stated that he had a small
suite at College of the Desert and informed commission
that they sell new merchandise and pay their taxes, and
they were not over priced, and he knew of retail
businesses on El Paseo that bought merchandise at COD,
then marked it up and sold it in their stores on El
Paseo.
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PALM DESERT PLANNING .,.,MMISSION
AUGUST 20, 1991
Mr. Diaz reminded commission and the audience that the hearing
before the commission was not on the pluses or minuses of the
College of the Desert; that would be heard at a separate
public hearing if the ordinance amendment proceeded.
MR. TED GU ,TON informed commission that he had a booth
at the college street fair. He had a question about the
ordinance, the city council, and the planning commission.
He asked who was to justify the fact that the street fair
had been in existence on that property for the last eight
years.
Mr. Diaz stated that the issue of whether or not the COD
street fair was the same as what occurred in Santa Ana; that
issue had never been decided and was not being decided at the
present time. To the specific issue of those individuals
wishing to stop the street fair--the Santa Ana decision was
not before the city. The college voluntarily requested to
apply for a conditional use permit and go through the public
hearing. As far as the pros and cons and merits of the street
fair and conditional use permit, the planning commission would
make that decision. He indicated that if the planning
commission de,: .sicn was appealed, the city council would make
a determination He stated that the city would take all the
testimony and :onsider the pros and cons and see if the
application shci" d be approved, and if approved with what
conditions, or whether it should be denied.
Mr. Guston stated that was not his question; he wanted
to know under what conditions has the street fair been
able to exist and maintain its position and be in
business for the last eight years.
Commissioner Richards clarified that there had been some
recent court decisions relative to the city' s ability to
regulate non-educational uses on public property and the city
attorney had directed the city to consider this ordinance
amendment. Hither to this decision, it was understood by the
city that it had no ability to regulate state-owned property
activities.
Mr. Guston s;ated that if that were the case, the city
had no jus'-ification to issue licenses for people at the
street fai - and that was in error also.
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PALM DESERT PLANNING LUMMISSION
AUGUST 20, 1991
Mr. Diaz stated that business licenses were issued merely for
the raising of .rwenue and the issuance of a business license
had nothing to do with whether a particular act was legal by
the zoning regulations.
Mr. Guston stated that he hoped the commission would
adopt the amendment and make the street fair legal in
Palm Desert.
MR. MEL JOHNS informed commission that his wife has a
small business at the street fair and wanted to go on
record as to comments by the El Paseo Merchants
Association Chairman being allowed to make statements
that were false. He stated that the businesses were
licensed and paid taxes and through the city records it
would show '_:rat the State reimburses a percentage to Palm
Desert. HE E.lso indicated that he wanted to go on record
that the s-:reet fair had some extra things such as fund
raising, aAd events like that, that were good for the
community and felt the public at large liked the street
fair and wanted the street fair to continue.
MR. DAVE GEORGE, President of the College of the Desert,
informed commission that they had been working for the
last year with the retail establishment in Palm Desert
to fabricate some type of a rational, reasonable
agreement. He stated that at some time in the future he
would like to respond to Dr. Campbell ' s aspersions as to
the nature of the street fair merchandise. He supported
the chamber' s position of leveling the field and adding
the provision for open air selling on commercial
properties also.
MS. JUNE TE,RAN, Executive Director of the Alumni
Association, indicated that she was informed that at one
of the lass ;ommission meetings through the minutes that
there we:cQ some questions about some of the issues
involving the street fair and asked if it would be
appropriatE to address them. She noted that one question
was the majority of the vendors were from out of the area
and brought to the commission' s attention that at least
66% of the vendors were from the college district and the
majority from the Coachella Valley. She stated that all
the vendors were licensed by Palm Desert and the State
Board of Equalization. Parking was an issue that had
been brought up and she stated that the college itself
14
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PALM DESERT PLANNING .,.,1'4MISSION
AUGUST 20, 1991
was adding two additional parking lots and the alumni
association had approved $84,000 to put in two additional
parking facilities at the campus. She said they had
tried working with the local merchants and because Dr.
George and the alumni association wanted to improve the
image of the street fair, they had worked diligently to
meet with the different merchant ' s groups, the vendors
of their street fair, and college staff to come up with
a new image that would enhance Palm Desert. She felt the
street fair had a good image, but the new image would be
of a country fair, or an old fashioned image, and they
had recently invested several thousand dollars for new
signs and had a $25,000 promotional budget to bring more
tourists to the Palm Desert area and the PR firm hired
to promote the street fair and Palm Desert. She stated
they were willing to work with the local merchants and
members of the community to route the buyers at the
street fair up to their district. She reiterated that
they were trying to improve it. She welcomed calls to
her at the college for anyone wishing to hear solutions
and plans that the college has for the street fair.
MR. QUAKE, resident of Palm Desert for the last 15 years
and busines3 owner in Rancho Mirage. He informed
commission that he was the one who started this whole
issue at city council, some of the reasons for not having
enormous participation of the bad people, the retailer
of the community, he went on record that after appearing
at council with another group of people who were with
him, that evening two of the stores that appeared with
him had thei.: windows pelted and he had three threatening
phone calls which he recorded with the City of Palm
Desert, and for this reason would not give his address
for the record. He stated that he was reluctant to come
before the commission, but the swap meet being conducted
on the College of the Desert property was illegal and he
felt that it had probably been illegal for the past eight
years. He felt that the biggest statement he made
originally was that he was not anti-swap meet or street
fair. It was his pleasure for it to be done in an area
that was competitive with the retail community where the
rents run, not the same as a covered store, in an area
that had per!:ing, like at the Town Center or on El Paseo,
in Cathedr :.l City, down town Palm Springs, or in Indian
Wells. As it was being conducted right now, he felt the
illegality was what he had been speaking about and the
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PALM DESERT PLANNING .,A,IIMI'.i`e.;ION
AUGUST 20, 1991
fact that it was illegal and as a resident, he did not
like what the chamber of commerce brought up because the
next thing that would happen would be that Palm Desert
would be known as "swap city" . He felt that ten acres
mentioned by Commissioner Richards would be the perfect
opening vehicle. He stated that the operation as
enormous as it is had been running for eight years
without an environmental impact report, which he felt was
not to be believed.
Commissioner Richards interrupted at this point and asked Mr.
Quake to stick to the issue of the amendment to the ordinance.
Mr. Quake said that he would like to go on record that
he would ike the planning commission to not vote in
favor of t:.e amendment and open air selling.
Mr. Diaz clarified that he did not say that the activity at
the college was illegal for eight years, but the summary by
Commissioner Richards was correct regarding new legal
decisions, and the specific decision on the activities
currently taking place in the city had not been decided and
they were trying to avoid all of that, which was the reason
for the amendment to the ordinance, and then they could sit
down and discuss the merits or demerits on the specific
activity taking place. The amendment would give the city the
right to discuss it and try to resolve those issues in Palm
Desert' s usual manner.
MR. HENRY HOYLE, 73-440 Broken Arro
w in Palm Desert,
stated that he had two businesses in Palm Desert and had
lived here and been in business since 1973. He said it
was very difficult for him to quarrel with the position
of the chE tuber, because he felt they had a unique in
mind, whici might be impossible to accomplish, but stated
that as he observed in other cities, if Palm Desert does
open up open air selling, as instituted by the College
of the Desert, he was against the changes being made to
allow the college to continue their swap meet and felt
that Pandora' s box was being opened and the city council
and planning commissions in other cities would be deluged
with continual problems taking up their time because of
the different problems open air selling would create.
MS. JULIE BORNSTEIN, resident of Palm Desert and member
of the Chamber of Commerce, addressed the commission as
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PALM DESERT PLANNING ....MMISSION
AUGUST 20, 1991
President of the Governing Board of the Desert Community
College District. She said they were not present to
debate the pros and cons of the street fair, though she
wanted to make it clear that they were open to the
community to do that in the appropriate forum and felt
that Dr. George had attempted to deal with all the
competing Tterests and interested groups and stated that
she was al3c available to do that. She wanted to make
their position clear that they had conducted the street
fair for many years and it was a very crucial element to
their funding, particularly in recent times of tight
funding, and there was a new move to take more funding
from education through the lottery. She said they had
been conducting the use legally all these years and there
was a new decision that came down regarding that affects
of a street fair in another location under very different
conditions, and it was their legal position that the
street fair continues to remain legal even given that new
court decision, irrespective of the feelings of the city
attorney, which was what made lawsuits in that lawyers
often have differing about the interpretation of
lawsuits. She indicated she understood that the proposed
ordinance was simply to give the city jurisdiction to now
get involved in the street fair, because it had never had
the juri•diction to do that before, as advised by the
city attorney. She indicated that the college
voluntaril' • submitted an application as a good neighbor,
and stated that while they represent over 300,000 people
in the community college district and three different
counties, their home was in Palm Desert and they prize
the good neighbor relationship the college has with the
city council, government, and citizens of Palm Desert.
She supported the ordinance as suggested by the chamber
of commerce so that it would apply to any commercial
property who might wish to submit to city jurisdiction
in similar activities. She noted there had been a lot
said about having a level playing field and treating
business entities similarly, while she believed
distinctions exist because they were a non-profit,
educational institution, and not a commercial enterprise,
but they did not have any objections to expanding the
ordinance as suggested. She said they would be willing
to submit to the jurisdiction of the city so that if the
ordinance -•:as invoked, they would come back at a future
time to di: ciss the pros and cons of the street fair and
have an op3crtunity to correct misinformation given to
17
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PALM DESERT PLANNING .....:OMISSION
AUGUST 20, 1991
the commission by members of the community. She noted
that even t..i; business community was divided; the chamber
of commerce had one recommendation and the El Paseo
merchants had another on the opposite side. While the
community was divided, it was their goal to do what was
best for the community and preserve for themselves the
fund raising option that had become a crucial part of
financing the activities that were being provided to the
entire community. In closing she reiterated that they
do support the ordinance, especially the original
ordinance, but had no objection to the expansion proposed
by the chamber.
Chairperson Whitlock closed the public testimony and asked for
comments by the commission.
Commissioner Dons stated that he had no objection, as long
as commercial zcines were also included.
Commissioner Jjr_athan agreed. He noted there was a
recommendation oy the city attorney and felt the amendment
would create jurisdiction for the city to get involved and did
not pass comment on the advisability of the street fair; just
a legal vehicle to get the city proper. He had no objection
to the revision cer the chamber of commerce recommendation.
Commissioner Erwood felt it was important to note that this
would give the public a chance to have a forum to litigate
this issue before the commission and city council and have the
right to have their voices heard, rather than a having a
situation existing that the city would be incapable of doing
anything about. He was in favor of the recommendation.
Commissioner Richards stated that he wished to address some
of Ms. Bornstein comments. He concurred that the college was
not being in opposition to the city' s involvement and they had
done what the city asked in submitting an application. He
stated that he rag also involved in the economic development
advisory committee and noted that committee was made up of a
number of citizens and at a meeting with the majority, city
manager, staff, the city attorney, and a number of outside
citizens including Dave Tschopp, Diane Cox, Frank Goodman,
John Ceriale, Hank Stokes, George Berkey, and Don Hedlund.
He wanted the audience and staff to know that there was
comment in detail and suggestions that this committee had on
the merits or non-merits of this issue and if anyone wished
18
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PALM DESERT PLANNING .,.,MM..Z 3SION
AUGUST 20, 1991
to obtain copies of those comments, they were available. He
felt that Ms. Bornstein' s comments were correct; they were
trying to clear up some legal technicalities and attempting
to get the issue before a public forum to allow discussion.
Chairperson Whitlock stated that she had nothing further to
add and concurred with the staff recommendation and
recommendation of the chamber of commerce. She requested a
motion. It was moved by Commissioner Downs, seconded by
Commissioner RiL.herds, to approve the findings as amended.
Ms. Allen advised the commission that with respect to Mr.
Ehrler' s request to include amendment to the conditional uses
in commercial zones, it was not legally noticed and
recommended that the commission only make a recommendation
relative to the use in the P zone.
Mr. Diaz stated that if this was the case, the commission
should instruct staff to prepare an ordinance amendment to
allow the use in the commercial zones for hearing at the
September 17, 1991 meeting and staff would so inform council .
Chairperson Whitlock asked if this item should be continued
to allow have both actions simultaneously; Mr. Diaz stated
that he would inform the council in the staff report that this
was the commission' s position, that if the commercial zone
allowance with the conditional use permit was not included,
then the recommendation would be negative. He indicated that
because the commission had to proceed with the ordinance
separately, the :u,mmission' s decision was approval of both the
commercial and ,iu►blic zones to be allowed with a conditional
use permit and if council were considering it only in public
zones, the recommendation was no. He indicated that
commission could recommend that the council continue the
hearing on the P zone until the commercial zone could be heard
simultaneously. Staff noted that the matter was probably
going to be continued anyway due to the absence and
abstentions of some council members.
Mr. Diaz clarified that the commission would proceed with the
P zone, he would advise the council that they would not concur
without the commercial zone being included, and commission was
instructing staff to prepare an amendment to the ordinance for
public hearing on September 17. Commission concurred.
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PALM DESERT PLANNING .,..,KMISSION
AUGUST 20, 1991
Action:
Moved by Co.nnr.ssioner Downs, seconded by Commissioner
Richards, apprcving the findings as presented by staff.
Carried 5-0.
Moved by Commissioner Downs, seconded by Commissioner
Richards, adopting Planning Commission Resolution No. 1532,
recommending approval of ZOA 91-2 to city council subject to
the addition of the amendment to the commercial zone.
Commission also instructed staff to prepare that zoning
ordinance amendment for public hearing on September 17, 1991.
Motion Carried 5-0.
VIII. MISCELLANEOUS
A. WATER EFFICIENT LANDSCAPE GUIDELINES
An oral presentation was given by Environmental
Conservation Manager John Wohlmuth on proposed water
efficient andscape guidelines.
IX. ORAL COMMUNICA?':,,ONS
MR. DAN EHRLER, Palm Desert Chamber of Commerce Executive Vice
President, spoke on the behalf of the Board of Directors
regarding their Annual Planning Conference and encouraged the
commission to participate on October 17 and 18, 1991 . He felt
the involvement of the planning commission would be beneficial
in the process of planning their year, as they deal with many
aspects of the city. Commissioner Jonathan volunteered his
services.
Mr. Ehrler indicated that the chamber was involved in Mr.
Wohlmuth' s project on water efficient landscape guidelines,
and noted that Mr. Wohlmuth was involved in the chamber' s
environmental affairs subcommittee on water. He stated that
their subcommittee had done a lot of research and activity
with the informAtion Mr. Wohlmuth presented and the chamber
gave its whole-hearted support to that effort and planned to
be a distribution center through walk-ins, mailings to new
residents, as well as utilizing their newsletter. Mr. Ehrler
thanked the commission for their time and efforts for Palm
Desert.
20
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PALM DESERT PLANNING ��MM SSI0N
AUGUST 20, 1991
X. COMMENTS
None.
XI. ADJOURNMENT
Moved by Commissioner Downs, seconded by Commissioner Erwood,
adjourning the meeting to September 17, 1991 . Carried 5-0.
The meeting was adjourned at 9 : 15 p.m.
RAMON A. DIAZ, Secretary
ATTEST:
CAROL WHITLOCK, Chairperson
Palm Desert Planning Commission
/tm
21
RECEIVED
Pa e/f Oare/‘e '91 RUC 20 PEI 2 13
-- -.CHAMBER OF COMMERCE CITY CLERK'S OFFICE
72-990 HIGHWAY 111
PALM DESERT, CALIFORNIA 92260
August 20, 1991 TELEPHONE: (619) 346-6111
TO: Palm Desert Planning Commission
FROM: Palm Desert Chamber of Commerce
RE: Proposed Ordinance Relative to Open Air Selling
Dear Friends:
This communication is to inform you of the position the Palm
Desert Chamber of Commerce Board of Directors has taken on the
proposed City of Palm Desert request for an amendment to per-
mitted conditional uses in the P, Public/Institutional district
zone.
Following thorough discussion, the Chamber's Board of Direc-
tors voted to recommend to the Planning Commission and City Coun-
cil its opposition to the proposed ordinance which is on your
agenda for action tonight as it is written.
Instead of the proposed ordinance, we respectfully offer an
alternative ordinance or additional language to the proposed or-
dinance for your consideration. The Palm Desert Chamber of Com-
merce Board of Directors recommends its support for an ordinance
which would allow open air sales to both public and commercially
zoned locations in Palm Desert. With this suggested ordinance,
we also have deep and serious concerns regarding the controls
which should be included in the conditional use permit process.
Thus, we request to be included in any comprehensive review
process during conditional use permit approval procedure for any
open air selling applications which come to the City.
We strongly believe this is a question of fairness and the
implementation of very specific, responsible and appropriate con-
ditions to conditional use permits. While open air sales are
less than advantageous if left uncontrolled, supporting an or-
dinance which would open the conditional use permit process to
commercial and public zoned entities would at least put the
process on an even playing field. The Palm Desert Chamber of
Commerce believes that allowing the process to exist on an equal
basis would, ultimately, be most beneficial to the City, our
businesses and shoppers.
1
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Page Two
Open Air Selling
On behalf of the Palm Desert Chamber of Commerce Board of
Directors, a very sincere would of appreciation to you for your
consideration of our recommendation.
y si erely yours,
(-
Danie L. Ehrler
Executive Vice President
2