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HomeMy WebLinkAboutDraft Mintues 12-18-07 DRAFT MINUTES if PALM DESERT PLANNING COMMISSION AN,* ,, ti�; TUESDAY - DECEMBER 18, 2007 6:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER Chairperson Campbell called the meeting to order at 6:00 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Schmidt led in the pledge of allegiance. III. ROLL CALL Members Present: Sonia Campbell, Chair Dave Tschopp, Vice Chair Connor Limont Mari Schmidt Members Absent: Van Tanner Staff Present: Lauri Aylaian, Director of Community Development Bob Hargreaves, Deputy City Attorney Tony Bagato, Principal Planner Ryan Stendell, Associate Planner Renee Schrader, Associate Planner Kevin Swartz, Assistant Planner Hart Ponder, Code Compliance Manager Shawn Kilpatrick, Code Compliance Officer Johnny Terfehr, Code Compliance Officer Tonya Monroe, Administrative Secretary IV. APPROVAL OF MINUTES • Request for consideration of the December 4, 2007 meeting minutes. Action: It was moved by Commissioner Schmidt, seconded by Chairperson Campbell, approving the December 4, 2007 meeting minutes. Motion carried 2-0-2 (Commissioners Limont and Tschopp abstained). DRAFT MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 18, 2007 V. SUMMARY OF COUNCIL ACTION Ms. Aylaian summarized December 13, 2007 City Council actions. VI. ORAL COMMUNICATIONS None. VII. CONSENT CALENDAR None. VIII. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he, she or someone else raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. A. Case No. TPM 35741 - THE EVANS PROPERTY, Applicant Request for approval of a tentative parcel map to subdivide a 5.3-acre parcel (Parcel 2 of PM 31515) into two parcels approximately 2.64 and 2.65 acres in area for a property located on the southwest corner of Gerald Ford Drive and Cook Street at 36891 Cook Street (APN 653-390-038). Chairperson Campbell indicated there was a request to continue this case to a date uncertain. She said staff could do a staff report, or she could open the public hearing and see if anyone present wished to speak regarding the application. Ms. Aylaian explained that staff had been ready to move forward with this case, the public hearing was noticed, and then afterwards the applicant decided they would like this issue continued indefinitely. Because it was noticed, the item was on the agenda and staff was recommending a continuance to a date uncertain after opening the public hearing. Chairperson Campbell opened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal. There was no one. Action: It was moved by Vice Chair Tschopp, seconded by Commissioner Limont, continuing Case No. TPM 35741 to a date uncertain. Motion carried 4-0 (Commissioner Tanner was absent). 2 DRAFT MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 18. 2007 Chairperson Campbell explained that for the next public hearing she would be excusing herself. Vice Chairperson Tschopp would take over the meeting. Commissioner Limont stated that she listened to the tape of the last meeting and asked for clarification that with regard to the Brown Act, if someone is in conflict with an item on the agenda, they don't vote and they remove themselves from the room. Mr. Hargreaves said that was correct. Commissioner Limont asked if there wasn't a quorum, which they didn't have, there couldn't be a vote and she asked if it automatically rolled over to the next meeting; there really wasn't any issue to discuss. She asked if that was correct. Mr. Hargreaves answered that there really isn't any clear direction on that. It could just automatically roll over and they could take that position. They could also have an action to continue to another date which might make more sense. Commissioner Limont noted that it couldn't be voted on. Mr. Hargreaves concurred. He said it was more of a procedural action. If there isn't a quorum, the only thing that can be done is meet to continue the meeting and adjourn the meeting to some other time. They could meet and adjourn to the next day, so they could kind of decide when to continue it if there wasn't a quorum. Commissioner Limont thanked him. B. Case No. CUP 96-15 - CITY OF PALM DESERT, Applicant Request for consideration of an amendment to an approved conditional use permit to eliminate nightly music entertainment in the outdoor dining patio area of the Augusta's Restaurant. Subject property is located at 73-995 El Paseo (APN 627-272- 005). Ms. Aylaian indicated that there was a detailed staff report which tracks some of the property history. It has operated as a restaurant and nightclub for several years under a CUP (conditional use permit) that has been modified on several occasions. The staff report was current as of the date of the posting of the agenda. Since that date, staff has continued to work with the business owner to help move them toward compliance with the CUP and with the local municipal ordinance regarding sound. The business owner made several modifications to their business since the last meeting, including installation of some movable sound continuation panels. Last Saturday Code Compliance officers went out and met at the site with the representatives of the business and did additional sound monitoring. They were able to determine that with the noise attenuation panels, the sound was lessened from approximately 59 decibels down to about 57 decibels, with the target of the ordinance and the CUP requiring that 55 decibels be the limit and not be exceeded after 10:00 p.m. DRAFT 3 DRAFT MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 18, 2007 The business owner and the City, including the Code Enforcement officers and Planning Department staff, have continued to meet and look at ways to assure that the business will be able to operate and bring their noise level down into compliance with the current regulations and not provide a nuisance and annoy the neighbors. Along those lines, several additional sound mitigation measures have been identified, and the business owner represented to staff that they are prepared to take additional measures, install additional sound attenuation panels, and actually kind of move the locations of these moveable panels into a more effective location. What it would take to do that is kind of an interactive cooperative and collaborative approach using Code Enforcement officers and an independent noise consultant, a sound engineer who has consulted in the past for the City, and whom they have regard for, but who would be retained by the business. All parties would kind of work together as a band is playing to take sound measurements, get the feedback, and then readjust the panels and then install more panels, if necessary, and again go out and take additional readings. Staff's goal, and the proposal, is to continue to allow this effort to go on for a week or two to continue to tweak the location, the quantity and the configuration of the panels and take sound measurements. Ms. Aylaian also proposed to engage the residents in the past who have complained about the noise in this manner. They would like to be able to get to the point where the sound measuring devices read 55 decibels or lower and then they would like the Code Enforcement officers actually contact any or all of the complaining parties who have expressed concern and who are willing to participate in this to see exactly what kind of feedback they get from the parties as to what they are hearing now. Is it better? How much better? Can you hear anything? And then use our Code Enforcement officer to actually, if the recording parties will agree, to actually go to their homes or businesses and visit the property and premises to see what they can hear as kind of an objective outsider. This would then assure that the 55 decibels are not being exceeded and that the sound has been attenuated to that level. If the business owner is not able to make the changes such that it brings it down into compliance, then staff will come back with a recommendation that the CUP be modified and the outdoor music be prohibited, as was staff's previous recommendation. But based on the willingness of the business owner to invest more in this process and work collaboratively, staff would like to continue to work with this issue to see if it can be successfully resolved. Ms. Aylaian said she wanted to introduce that concept and recommended that the public hearing be opened, testimony received from anyone wishing to speak on the matter, and for any of the residents who wish to offer 4 DRAFT MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 18, 2007 testimony, they'd also like to ask them if they'd be willing to give feedback as they do the monitoring and adjustment to the sound level. Anybody that is so willing, she asked that they leave their phone numbers, names and addresses with staff so we can get back with them. The business owner indicated that they would be prepared to start this process this Thursday, and work on Thursday evening and would take some back and forth measuring and then probably continue on Saturday. One thing that does change the amount of noise or the sound level that is projected into the community is the size of the crowd at the business. More people there on Saturdays actually dampens the noise more, so they would like to look at it both on Thursday when they have the smallest crowd and on Saturday when they have their largest crowd to make sure they are making adjustments that will accommodate all possible crowd size conditions, both the worst case and best case scenarios. That was the current staff recommendation of how to proceed, but would like to hear from anyone from the public who would like to speak on the issue. Vice Chair Tschopp asked if there were any questions for staff. Commissioner Schmidt asked about the number of residences. Ms. Aylaian indicated that some of the Code Enforcement officers were present that have been directly involved and she might need to rely on them for some of these issues. Mr. Stendell said he has a list compiled from over the years from Code Enforcement that includes 12-15 active names on it. Commissioner Schmidt asked if they were the same complainants. Mr. Stendell said they are different people who have registered whether once or 100 times. Commissioner Schmidt asked if any sound levels have been taken at those areas. Mr. Stendell said there have been several times when Code Enforcement officers have specifically targeted the areas of complainants, and over the years have been found to be above the levels at those points as well. Commissioner Schmidt asked how far away the residents were generally. Mr. Stendell estimated 1,000 feet. Commissioner Limont asked if these complaints started approximately four years ago. Ms. Aylaian said yes. Commissioner Limont asked if the police reports indicated a noise level and music after hours. Mr. Stendell said he wasn't aware of any for noise after hours, nor did the Police Department have noise monitoring capabilities at this point. Commissioner Limont asked if the curfew is 10:30 p.m., if the music was on at 11:30 p.m. Mr. Stendell said he didn't have any violations on that yet. The Police Department reports have said it was very noisy or the report the police officer would have put together would have stated what he observed at that time. He believed there were two that were included in the Commission packets. Each officer indicated that it was very loud at the complainant's address. Commissioner 5 r DRAFT MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 18 2007 Limont asked why it took so long for this to get to the Planning Commission. Has it just been escalating over the years? It just doesn't seem like something we do as a town. Ms. Aylaian said that this has been a very difficult issue with the City. The City has a long standing reputation of being both business friendly and resident friendly. When an issue impacts one group or the other, we do what we can to address and mitigate their concerns. When we have two different groups, one being the residents and one being the business whose interests are directly opposed or at odds, it becomes more difficult. We have tried to work in such a manner that we do not completely ignore one party or the other, and probably for that reason it has proceeded very slowly. There have been fits and starts, and it is also a seasonal business and there are seasonal residents, so there are periods of time it can appear that there are no complaints and that everything is fine, then it starts up again and we begin to readdress it again. Over the years the business owner has made some changes, obviously not sufficient to address the ongoing problem we've had. There have been commitments that the City did not feel were fulfilled, which is the reason it was brought to the Commission when the business started up again this fall. So it is a difficult issue and a complex issue. Staff has tried to respect and listen to both parties and reconcile them, because it is important to us to work with our residents and important to work with our businesses as well. Commissioner Limont concurred. She just wanted to make sure that they are being fair. If they look at the business owner and identify adjustments that need to be made, that they make certain it is in a very timely manner, because this has been going on for years and as a resident, they've been suffering or enduring through this and she wanted to make sure as a Commission they are fair on both sides and that it is resolved and not just extended another year. Ms. Aylaian agreed that it shouldn't be continued indefinitely. Staff's recommendation was that it be continued to the next meeting (January 15, 2008). Staff believed that between now and then they will be able to ascertain whether they can meet the existing CUP and the noise ordinance or not, and they would revisit it at that time. Staff will report on the findings and look for direction from the Commission. Vice Chair Tschopp asked if the applicant is able to bring the noise level down to an acceptable range, if there is a plan for ongoing monitoring to insure it is continued in the future. Ms. Aylaian said that would be part of the recommendation that they establish some way of monitoring this on an ongoing basis, because noise levels are susceptible to the band, to the exact location of the panels and to the circumstances, and they would want to revisit it on a regular basis. 6 DRAFT MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 18. 2007 Commissioner Schmidt noted that the restaurant has purchased their own sound meter, which she thought would help mitigate some of the problems, so it is a step forward. Commissioner Limont asked if they have been asked to turn down the music. Ms. Aylaian said yes. Commissioner Limont asked if they complied. Ms. Aylaian said not adequately to bring them within the 55 decibels. Commissioner Limont asked if there were any repercussions on that or fines if they go to enforce an ordinance and it isn't enforced. Ms. Aylaian indicated there are escalating consequences associated with that, but there is also an appeals process available to the person to whom citations are issued. Commissioner Limont asked if to date there have not been any consequences. Ms. Aylaian believed that was correct. They've actually reached the fining point. There were no other questions for staff. Vice Chair Tschopp opened the public hearing and asked the applicant if they'd like to address the Commission. MS. TIFFANY WINDSOR, 73-995 El Paseo in Palm Desert, stated that she is the Director of Events for Augusta Restaurant and the designated representative to work with the City to work on the sound mitigation issues. She said this is her first season at Augusta Restaurant, so she couldn't address what has happened in the past, but could tell them what they have worked on since she started in September. As she explained at the last meeting, she took steps to mitigate the sound prior to reopening the restaurant for the season, which included sound proofing curtains on the patio and a special insulated cover for the patio roof. As was indicated earlier, she also purchased a sound level meter. Most recently over the weekend she met with a Code Compliance officer at a straight testing location last Saturday night so she could compare first her sound metering equipment with the City's equipment and how to compare the readings. That is an ongoing process they would continue to address this week because there is a sound weighting that is done offsite after the readings are done at the restaurant that her equipment currently does not do, so she needed to continue to work with staff to understand the readings that come from her equipment related to the City's readings. Ms. Windsor said she installed ten moveable sound panels Saturday night and a Code Compliance officer did come at approximately 10:00 p.m. When they reviewed her equipment, they looked at the 7 DRAFT MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 18, 2007 differences and he started his testing. Since her equipment does not weight the sound measurement, she could not meter along with him. She did some testing before he arrived. The officer then goes back to his office and downloads the information and the reports are printed out, which they received this afternoon. Based on that information, she understood they did improve mitigation down two decibels, because they were about four decibels off after 10:00 p.m. She was pleased they did reduce it, but they still need to continue to work to do that. She said they are also working on a solid panel cover for the back gate that is being manufactured to be welded in place over that gate. Ms. Windsor said she met with a sound expert today who gave them some more recommendations on how they could continue to bring down that "A" weighted reading level without compromising the integrity of the restaurant design, and so they were moving forward with those recommendations this week in order to meet on Thursday night as Ms. Aylaian mentioned earlier. In response to a comment that was made a moment ago, she understood that the music is allowed until 11:30 p.m. and there was a question about turning down the music. They are trying to work to have the right level of music for the dance, which is part of the CUP they requested, so there is ambient noise and certain levels they have to reach. As Ms. Aylaian mentioned, it is complicated to try to work together to bring the levels down to what they need, but they are very excited to work with staff and continue to install what needs to be done in order to have the right levels for everyone involved. She and the property owner were available for questions. There were no questions for the applicant. Vice Chair Tschopp asked for any testimony in FAVOR of keeping Augusta's the way it is. There was no response. Vice Chair Tschopp asked for any testimony in OPPOSITION, which would be to revoke the license. MS. SARAH DRAKE addressed the Commission. She stated that she no longer lives on Shadow Mountain and one reason she no longer lives on Shadow Mountain is that it was impossible for her to enjoy her little humble patio on the nights of Thursday, Friday, Saturday and Sunday when the loud noise was going on. To her, this was a much bigger deal then her and her little patio. This is about south Palm Desert and she cares a great deal about south Palm Desert. She thought this, and a lot of other people agree from around the world, that south Palm Desert is a very special and unique place. That 8 DRAFT MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 18, 2007 immediate neighborhood has a variety of housing, it has apartments, it has condominiums, it has some small motels and it has quite nice houses. She knew for a fact that the noise complaints have gone as far south as Marrakesh Country Club and that was on record in the Code Compliance Department of the City of Palm Desert. But what disturbed her the most was the tremendous waste of staff time, tax payer money, and efforts of citizens over the last several years, and once again this has been postponed. Tonight on the news they had a story about the tremendous decrease in contributions to the local food banks. The food banks are maybe at 25% of what they normally are. The toy drive for Martha's Village for Christmas is at 25%. Instead of having two huge rooms full of toys, they have half a room full of toys. And yet the City of Palm Desert has spent tens of thousands, hundreds of thousands of dollars over the last few years for this woman's night club. Ms. Drake has spoken with Code Compliance, with Planning Commission, with the Sheriff's Department time after time after time. All of these staff people's salaries are involved, her time is involved, other people's time is involved. She just didn't understand why there has not been a resolution. Is there too much noise? Yes or no. Is the noise going to be stopped? Yes or no. It's really very simple. Ms. Drake asked them to think about the vision of Palm Desert in the future. This is not just noise for a few neighbors. This affects the entire area. El Paseo was developed, designed, and built. She remembers walking on El Paseo when hardly anyone was around in 1984 and its restaurants, the little coffee shops and beautiful boutiques. She said Augusta Restaurant is lovely, elegant and wonderful for lunch and quite lovely in the evening for dinner. South Palm Desert El Paseo was never supposed to be downtown Palm Springs on a hot Saturday night and that's what it will become. Driving increased. One night they blocked off a public street to make their valet parking more accessible. Traffic was buzzing up and down and people were running stop signs and going the wrong way; it was just a disaster. It has a much bigger picture. She was horrified that this woman comes tonight and says they are now meeting with sound experts who have given them recommendations. She stood up here in April when all the complaints were going on and tonight they are talking about their meeting with sound experts after all of this time. There is a tremendous amount of need in the Coachella Valley. She thought the taxpayers in the city of Palm Desert have better use for their money than this. She thought if people sit on the Planning 9 (RAFT MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 18, 2007 Commission and they have to recuse themselves from a major item, they need to resign from the Planning Commission and let someone take their place who can serve. She would like to have this matter resolved. If they are going to continue to let the noise, fine. But let's not waste any more time or any more money and insult people who have given their time and their energy to come down here and the Planning Commissioners who have taken the time to study this and there is still no resolution. And there are much bigger problems in the world. She asked them to think about the children on Christmas who don't have any toys. She thanked them. Vice Chair Tschopp asked for Ms. Drake's current address for the record. Ms. Drake replied 18475 Concho in Indian Wells; she said the only noise she hears now is from the Vintage. MR. JOHN MORRIS stated that he represents the Shadow Mountain Resort which is located between Portola and San Luis Rey, approximately two blocks from Augusta's. He said they have been complaining about this for years. They run a hotel program. It is a business. Their guests come in and complain about the noise keeping them awake. Anybody that faces toward El Paseo / Augusta's hears the noise and it's been going on for years. They have repeatedly called the Sheriffs Department, the phone number, and they said they'd go out and check on it and then pretty soon they started telling them to go to the City and talk to the Code Enforcement people; they wouldn't even bother any more. He thought they'd all heard about Shadow Mountain before and said they operate a hotel business on about 21 acres. They have people living on the Shadow Mountain golf course right behind them and they repeatedly call their office and say they are making all kinds of noise and to please shut it down, but it isn't them doing it. It just comes right up there. They have people who live in their area that call them and think it's next door, but it isn't Shadow Mountain. He's worked with these people for a couple of years and it doesn't seem like they are going any where; they just keep postponing it. Why don't they shut it down, let them do their building and then test it when they're done instead of just continuing and continuing the noise? They are even losing customers and that isn't good for them. So he thought it was time the City did something about it and they repeatedly go past the 11:30 p.m. mark. It is in the police reports and they don't make any excuse for it except to say that the crowd requested an encore, so they give an encore past 11:30 p.m. Is that legit? He didn't think so. He thought they should revoke their permit, let them do their 10 DRAFT MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 18, 2007 buildings, and then go out and test. Why waste all the time now? He thanked them. There was no one else wishing to speak. Vice Chair Tschopp asked if the applicant had any rebuttal comments. MS. DENISE ROBERGE, the owner of Augusta restaurant, said yes, they have been a problem in the city and they are working on it. The city is growing, they live in a commercial area, the people love to live close to El Paseo. When you want to live close to a downtown area, you have to put up with some of the noise. And they are working on improving it. And if it was so bad, this room should be full of people here to complain, because two notices were sent out. They were sent out on the 4th and there were three people that came. And they were advised that it was continued to this week and they have two people. That says a lot in itself. And she could fill this room up with people who want it to be at Augusta. She said they service the baby boomers. They come here to the desert for the warm climate and they love outdoors. She said they've done a lot of improvements and first of all, they never play the music after 11:30 p.m. That's just not correct. And they've never blocked off a city street for any traffic things. So it is not good to compile more issues on top of the issues they have. They are working with the Planning Department to try to solve this. And they have worked, and she has gone to some of the homes of the early complainers, and they are repetitive complainers, and inside their houses, she had the band turn up the music, and you could not hear it. You could hear it if they opened up their patio and it wasn't like you could hear thundering music. You could hear the music and that's when she had the band turn it up. She said they need to solve the problem, but she also wanted to say that it is very over exaggerated compared to what it really is. People come to Palm Desert for places just like Augusta and there will be more people coming in, our age group, that want a nice place to dine. They come for outdoor eating and dancing and she runs a really nice business and that's why they come back all the time. So she's as much of an asset as she is a liability. She thought the City needed to work with her closer and not in such an antagonistic way. So it was up to them. She thanked them. Vice Chair Tschopp closed the public hearing and asked the Commission for action. 11 RAFT MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 18, 2007 Mr. Hargreaves suggested that they continue the public hearing to the next meeting so they don't have to renotice it. If they are going to act tonight to either revoke or not revoke, then they can close it. If they want to leave the option open to have this continuing monitoring adjusting process, then they can continue the public hearing until the next meeting and then make a decision at that time. Vice Chair Tschopp said he would save the paperwork and at this time left the public hearing open and asked the Commission for comments or questions. Commissioner Limont stated that she likes Augusta's. She agreed that it is a wonderful restaurant and a wonderful business. But this has been going on too long. Four years is a long time and she knows this is a complicated issue and doesn't mean to make light of it, but we have ordinances here in the desert and in Palm Desert, and it is one of the things that makes this a great town. There are really good ordinances and we need to enforce them. The 55 decibels is the limit and even though Ms. Windsor came on in September, they can turn it down to 55. She personally didn't see what the difficulty is in achieving our ordinances. That's it in a nutshell. She didn't want to shut down the music. She thought the music was good and good for business, but she also thought staying within the range of what they've set forth as a town with the levels is also good. She was leaning into if that music cannot be brought down those four decibels while they are working on it, then it ought to be shut down until it gets to that point. But she didn't want to move into a direction where they are eliminating music from it. She wanted to work with the business owner. Commissioner Schmidt favored continuing the public hearing until the next meeting for maybe some other reasons. She felt this matter was very serious and as a new commissioner, it will be a year next month, she really felt they should have as full a Commission present to vote on something of this nature and would hope they would be able to do that in January, if that's necessary. She thought that any business that operates in Palm Desert, it is extremely important to us as citizens of Palm Desert. And Augusta's and the entire Roberge Gallery and that corner is to her a tremendous asset to the city. She would not want to inadvertently harm that business unless she was very sure that the complaints were really warranted. She spoke personally because she hasn't listened to all of the testimony and complaints for four or five years. She was there last Saturday night and the Saturday night before between 10:30 and 11:15 p.m. She was outside the iron gate. She did not hear a decibel level that would carry 8/10 of a mile to Marrakesh. She also checked how far Marrakesh is on her speedometer and it is 8/10 of a mile to the northern border, the closest border to Augusta's. She didn't feel she had enough information to pull a permit on any business in this city based on what she has heard, so she would encourage that they continue to listen 12 DRAFT MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 18. 2007 more with the business, with the residents, and make certain if they have to deny a permit that they've really got the goods to do it and she didn't see it at this point. Vice Chair Tschopp stated that he would go along with staffs recommendation to continue this matter to give Augusta's time to get into code compliance. He didn't think this was the time to be punitive. At the same time, he stated that this has been going on for years and the restaurant owner has been warned many times. He thought the neighbors have been extremely patient. He thought the City has probably been very lenient. The burden of proof is on the business to keep the decibels within the code. We have a code and they had to live by the code. At some point in time the dinner art store turned into a night club after hours and the music has added to the ambience, the dancing has, but it's disturbing the neighbors. He didn't think any restaurant or outdoor entertainment would be allowed or approved by the City at this time near a residential area. So he didn't want to create an ongoing monitoring problem for the City or staff, but he didn't want to see this anymore. He has seen it too many years. He said it needed to be done and done soon. It has been a problem. Sixteen times the police went within about a year and a half period. The neighbors aren't given a choice in the music. He could tell them his neighbor plays the type of music he doesn't like, so they can keep it down very low, but he doesn't like it. So he thought they needed to keep in mind that they have a residential area around them, it has transformed into this, and more importantly, we have a code. Unless they can bring it into code, it should be dismissed. But again, he would say he didn't mind giving them some time to bring it within code. He asked the Commission for a possible action. Commission Schmidt moved to continue the matter to January 15. Commissioner Limont asked if there was to be a solid vote at that time. Vice Chair Tschopp said it would be reopened at that time. Commissioner Limont seconded the motion. Commissioner Schmidt wanted to make it clear that her motion was to continue the hearing. She didn't say what they would do at that hearing, just to keep the hearing open until January 15. Vice Chair Tschopp concurred and said that was what was seconded and he called for the vote. Action: It was moved by Commissioner Schmidt, seconded by Commissioner Limont, by minute motion, continuing Case No. CUP 96-15 to January 15, 2008. Chairperson Campbell returned to the meeting. 13 MINUTES DRAFT PALM DESERT PLANNING COMMISSION DECEMBER 18, 2007 C. Case No. PP 02-08 - PRESTNUKSIC ARCHITECTS, Applicant Request to review Condition of Approval No. 14 of Resolution No. 02-116 relating to wood fencing along the north and south property line located at 44-530 San Pablo Avenue. Mr. Swartz reviewed the staff report and recommended that the Commission adopt the draft resolution amending Condition No. 14 of Resolution No. 02- 116 to review the wood fence again in three years, or less if it deteriorates sooner. Chairperson Campbell opened the public hearing and noted that the applicant was not present. She asked if anyone wished to speak in FAVOR or OPPOSITION to this application. There was no one and the public hearing was closed. Chairperson Campbell asked for Commission comments or action. Action: It was moved by Vice Chair Tschopp, seconded by Commissioner Limont, adopting the findings as presented by staff. Motion carried 4-0 (Commissioner Tanner was absent). It was moved by Vice Chair Tschopp, seconded by Commissioner Limont, adopting Planning Commission Resolution No. 2461 amending Condition No. 14 of Resolution No. 02-116 to review the wood fence on the north and south property lines in three years, or earlier if deterioration occurs. Motion carried 4-0 (Commissioner Tanner was absent). IX. MISCELLANEOUS A. Status Report on Infill Residential Projects. Ms. Aylaian stated that six months ago the Commission asked staff to look into the issue of large "McMansion" projects, especially those that are being built in the south Palm Desert area. These are projects she characterized as being a great deal more massive, taller and potentially obstructing the view as opposed to the existing size, character and massing of residential projects in the south Palm Desert area. They discussed several options, including if they should be looking at some sort of ordinance or restrictions on what people can do for renovations or additions to their houses. The Planning Commission at that time directed staff to not prepare any ordinance, but continue to monitor the situation and report back at six-month intervals. This was that report. 14 DRAFT MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 18, 2007 Since they last discussed the issue, staff has implemented a couple of guidelines in-house as to how staff administrates projects. Now if staff sees people bringing in or proposing additions or changing roof lines or massing of existing properties or infill projects where there are vacant sites that look to be out of character with the neighbors, they are asking for additional information, asking for sections through their property demonstrating the elevation of the pads on either side of them, and for a closer examination of the architectural character of the neighborhood to make sure that the proposed home is in keeping with that character. As an end result, staff hasn't had a lot of opportunity to implement these new guidelines because they haven't seen many applications coming through. They've had a turnabout in the residential market and haven't seen a real need to implement our newfound zeal and we haven't received any complaints about any projects that have been approved or constructed within the six-month time frame of giving them closer examination. So the report was no report and she was available for any questions. There were no questions. Action: None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Chairperson Campbell reported that the next meeting would be December 19, 2007. B. LANDSCAPE BEAUTIFICATION No report. C. PROJECT AREA 4 COMMITTEE No report. (Next meeting will be March 2008) D. PARKS & RECREATION No report. XI. COMMENTS None. 15 DRAFT MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 18, 2007 XII. ADJOURNMENT It was moved by Vice Chair Tschopp, seconded by Chairperson Campbell, adjourning the meeting by minute motion. Motion carried 4-0 (Commissioner Tanner was absent). The meeting was adjourned at 6:54 p.m. LAURI AYLAIAN, Secretary ATTEST: SONIA M. CAMPBELL, Chair Palm Desert Planning Commission /tm 16