HomeMy WebLinkAbout08-05 Draft Minutes
MINUTES
PALM DESERT PLANNING COMMISSION
TUESDAY – AUGUST 5, 2008
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I. CALL TO ORDER
Chairperson Tanner called the meeting to order at 6:01 p.m.
II. ROLL CALL
Members Present: Van Tanner, Chair
Sonia Campbell, Vice Chair
Russ Campbell
Connor Limont
Members Absent: Mari Schmidt
Staff Present: Lauri Aylaian, Director of Community Development
Bob Hargreaves, Deputy City Attorney
Tony Bagato, Principal Planner
Renee Schrader, Associate Planner
Kevin Swartz, Assistant Planner
Bo Chen, City Engineer
Tonya Monroe, Administrative Secretary
Chairperson Tanner welcomed Russ Campbell to the Commission.
III. PLEDGE OF ALLEGIANCE
Commissioner Limont led in the pledge of allegiance.
IV. APPROVAL OF MINUTES
Request for consideration of the July 1, 2008 meeting minutes.
Action:
It was moved by Commissioner Limont, seconded by Commissioner S.
Campbell, approving the July 1, 2008 meeting minutes. Motion carried 3-
0-1 (Commissioner R. Campbell abstained).
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PALM DESERT PLANNING COMMISSION AUGUST 5, 2008
V. SUMMARY OF COUNCIL ACTION
Ms. Aylaian summarized pertinent July 10 and 24, 2008 City Council
actions.
VI. ORAL COMMUNICATIONS
None.
Reports and documents relating to each of the following items listed on the
agenda are on file in the Department of Community Development and are
available for public inspection during normal business hours, Monday-Friday,
8:00 a.m. - 5:00 p.m., 73510 Fred Waring Drive, Palm Desert, CA 92260, (760) 346-
0611.
VII. CONSENT CALENDAR
A. Case No. PMW 07-04 – FRANK J. POCINO AND BIGHORN
DEVELOPMENT, LLC, Applicants
Request for approval of a parcel map waiver to allow a lot
line adjustment of the southwesterly parcel line of Lot 23
common to Lot 46, more particularly identified as APN’s 771-
211-015 and 711-211-028; 173 Tamit Place.
B. Case No. PMW 08-142 – DR. AND MRS. LARRY L. BOSLEY
AND BIGHORN DEVELOPMENT, LLC, Applicants
Request for approval of a parcel map waiver to add property to
accommodate a drive way at 1030 Cahuilla Falls.
Action:
It was moved by Commissioner S. Campbell, seconded by Commissioner
Limont, approving the Consent Calendar by minute motion. Motion carried
4-0 (Commissioner Schmidt absent).
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.
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A. Case No. VAR 08-254 – SIGN DESIGNS INC., AND LONGS
DRUGS, Applicants
Request for approval of a variance for an exception to Palm
Desert Municipal Code Section 25.68 Signs to permit a
larger sign than the ordinance allows for Longs Drugs
located at 74-527 Highway 111.
Mr. Kevin Swartz reviewed the staff report. Staff believed that the
proposed signage was overwhelming and took away from the architecture,
and since Longs Drugs would be easily visible from three public streets,
felt the 82 square feet per elevation allowed by code was sufficient. Staff
recommended adoption of the findings and adoption of the draft resolution
denying the variance request.
Chairperson Tanner opened the public hearing and asked the applicant to
address the Commission. The applicant was not present. Chairperson
Tanner asked if anyone wished to speak in FAVOR of or in
OPPOSISITION to the proposed sign variance. There was no one and the
public hearing was closed. Chairperson Tanner asked for Commission
comments.
Commissioner S. Campbell thought that the building already had great
exposure, that the signage allowed for the building was adequate, and
concurred with staff’s recommendation.
Action:
It was moved by Commissioner S. Campbell, seconded by Commissioner
Limont, approving the findings as presented by staff. Motion carried 4-0
(Commissioner Schmidt absent).
It was moved by Commissioner S. Campbell, seconded by Commissioner
Limont, adopting Planning Commission Resolution No. 2480, denying
Case No. VAR 08-254. Motion carried 4-0 (Commissioner Schmidt
absent).
B. Case Nos. DA 06-02 Amendment #1 and MISC 08-301 – PALM
DESERT FUNDING COMPANY, LP, Applicant
Request for a recommendation of approval to City Council of
an amendment to Development Agreement 06-02, University
Park (generally located south Gerald Ford Drive, east of
Portola Avenue), deleting the Coachella Valley Water District
well sites from the scope of the development agreement.
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Mr. Kevin Swartz explained that in 1997, Development Agreement 97-2
was adopted for the Wonder Palms Master Plan which encompassed
property in the area of Portola Avenue, Gerald Ford and Cook. On
February 8, 2007, Ordinance No. 1132 was passed approving
Development Agreement 06-02 that superseded Development Agreement
97-2 and allowed the applicant, Palm Desert Funding, to develop the
project contained within the 190-acres of the University Park Master Plan.
Mr. Swartz showed the location of the well sites on the displayed map. He
stated that the property has two well sites; well site #1 fronting on Portola
Avenue and College Drive; well site #2 fronting on Gerald Ford Drive.
He further indicated that Development Agreement 06-02 states that the
property owner must maintain the well sites for the Coachella Valley Water
District (CVWD). The property owner has expressed concern about
maintaining the well sites. Mr. Swartz stated that it didn’t matter to the City
who maintained it, the City just wanted to see a 10-foot wide landscaped
parkway off of College Drive and Gerald Ford Drive. Well site #2 at Gerald
Ford had a 20-foot landscaped parkway. He explained that the
landscaped area would be maintained through a homeowners association.
The property owner agreed and was requesting that the City delete the
Coachella Valley Water District from the scope of the development
agreement.
Staff recommended that the Planning Commission adopt the findings and
the Planning Commission Resolution recommending to the City Council
approval of Development Agreement 06-02 Amendment #1. He asked for
any questions.
Chairperson Tanner asked if there was any down side to approving this
request. Mr. Swartz said no, not as long as the parkway is landscaped and
maintained through a homeowners association. Chairperson Tanner
asked for clarification that that had been agreed to. Mr. Swartz said yes.
Commissioner Limont asked if staff talked with CVWD and they were fine
with the amendment. Ms. Aylaian said yes.
There were no other questions for staff. Chairperson Tanner opened the
public hearing and asked for any testimony in FAVOR of or OPPOSED to
the proposed amendment. There was no response. Chairperson Tanner
closed the public hearing and asked for Commission comments.
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Action:
It was moved by Commissioner S. Campbell, seconded by Commissioner
Limont, approving the findings as presented by staff. Motion carried 4-0
(Commissioner Schmidt absent).
It was moved by Commissioner S. Campbell, seconded by Commissioner
Limont, adopting Planning Commission Resolution No. 2481,
recommending to City Council approval of Development Agreement 06-02
Amendment #1 and MISC 08-301. Motion carried 4-0 (Commissioner
Schmidt absent).
C. Case No. TPM 35982 – WILLIAM POPE/JHA ENGINEERING,
INC., Applicant
Request for approval of a tentative parcel map to subdivide a
1.16-acre parcel into 13 parcels for condominium sale
nd
purposes. The property is located at 74-794 42 Avenue.
Ms. Missy Grisa reviewed the request and recommended approval of TPM
35982, subject to the conditions.
Chairperson Tanner opened the public hearing and asked for any
testimony in FAVOR of or in OPPOSITION to the proposed project. There
was no response. Chairperson Tanner closed the public hearing and
asked for Commission comments.
Commissioner Limont said her concern with something like this is always
parking. She missed Dave Tschopp, because he would always jump on
that. To her it looked like this project would provide four spaces per 1,000
square feet per parcel and asked if that was correct. Ms. Grisa confirmed
that the parking should be sufficient.
Commissioner S. Campbell noted that they have approved similar projects
and have never had any problems. She was in favor of the proposed
project and moved for approval.
Action:
It was moved by Commissioner S. Campbell, seconded by Commissioner
Limont, approving the findings as presented by staff. Motion carried 4-0
(Commissioner Schmidt absent).
It was moved by Commissioner S. Campbell, seconded by Commissioner
Limont, adopting Planning Commission Resolution No. 2482, approving
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Case No. TPM 35982, subject to conditions. Motion carried 4-0
(Commissioner Schmidt absent).
D. Case No. CUP 08-266 – CINGULAR WIRELESS, Applicant
Request for approval to construct, operate and maintain a
new 75-foot high mono-palm wireless telecommunications
tower with a related equipment building located just inside
the perimeter wall of Palm Valley Country Club at the
northeast corner of Country Club Drive and Eldorado Drive
(76002 Honeysuckle Drive).
Mr. Kevin Swartz reviewed the staff report and recommended approval of
Case No. CUP 08-266, subject to conditions.
Commissioner Limont asked if telecommunication towers were usually 60
to 65 feet tall; this one seemed taller. Mr. Swartz stated that to the top of
the palm it was 75 feet; where the antennas were located was right at 66
feet, but to screen the antennas, the top of the palm would be at 75 feet.
Chairperson Tanner asked if there were other mono-palms within Palm
Valley Country Club or that area. Mr. Swartz indicated that they were
across the street within Indian Ridge Country Club. Commissioner Limont
asked how tall the ones were in Indian Ridge or if they were the same
height. Chairperson Tanner said they were the same height, basically
located at El Dorado and Country Club at the southeast corner.
There were no other questions of staff. Chairperson Tanner opened the
public hearing and asked for testimony in FAVOR of or in OPPOSITION to
the project to step to the lectern.
MR. JESS GILHOLM, 354 Hurst Avenue in Ventura, California,
93301, stated that he was present on behalf of the applicant,
Cingular Wireless PCS LLC, also known as AT&T. He felt staff
depicted the scope of the project. The project came before the
Planning Commission previously and they were proposing the
exact same project. It was AT&T’s goal to have the facility built and
to start construction in October. He said he was present to answer
any questions from the Commission or the public.
Chairperson Tanner asked if there had been any questions or concerns
from Palm Valley residents.
Mr. Gilholm said no.
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Mr. Swartz also said no.
There were no other questions for the applicant. Chairperson Tanner
asked if anyone wished to speak in FAVOR of or in OPPOSITION to the
proposed project. There was no one and the public hearing was closed.
Chairperson Tanner asked for Commission comments.
Commissioner Campbell indicated that this came before the Planning
Commission in 2006 and was approved then; she was in favor of
approving it again.
Action:
It was moved by Commissioner Campbell, seconded by Commissioner
Limont, approving the findings as presented by staff. Motion carried 4-0
(Commissioner Schmidt was absent).
It was moved by Commissioner Campbell, seconded by Commissioner
Limont, adopting Planning Commission Resolution No. 2483, approving
Case No. CUP 08-266, subject to conditions (Commissioner Schmidt was
absent).
IX. MISCELLANEOUS
A. Case No. HPR/PP 08-259 – BRUCE KUYKENDALL, Applicant
Request for approval of a preliminary building site for a 5-
acre parcel of land in the Hillside Planned Residential Zone
pursuant to the requirements of Section 25.15.130 (Optional
Preliminary Approval) of the Palm Desert Municipal Code.
Said request does not qualify as a project under CEQA
guidelines; no environmental studies are required at this
time. Property is located west of the Palm Valley Storm
Channel on Upper Way West (APN: 628-130-015).
Ms. Renee Schrader explained that approval of this request would
recommend an appropriate building site for a single family home on a five-
acre lot within the Hillside Planned Residential zone. As background, Ms.
Schrader noted that the Planning Commission reviewed potential pad
sites for the applicant in an effort to recommend an appropriate building
site for a single-family residence. The Commission’s 2-2 vote constituted a
no decision action, so the applicant was returning in order to establish a
definitive action.
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Two potential sites were identified by staff. Pad #1 was an already graded
pad; it was graded in the 1960’s prior to the current ownership in 2003 by
the applicant. There was also a smaller pad about 56 feet lower in
elevation which was somewhat on the ridge as well. The issues were
identified as both access and grading issues. Access to Pad #1 could be
made through following contours and accessing toward the rear. As it is,
the property currently is traversed by Upper Way West, so access would
be directly off of an existing roadway.
To access Pad #2, an easement would be required and a roadway would
basically be very visible from that portion of the city / valley on that side. It
had also been identified that Pad #2, in order to make it developable,
would incur a great deal more disturbance to the site requiring coming in
along the side and filling on the side.
As proposed, Pad #1, although there was no actual project, the applicant
would propose to naturalize the slope along the existing ridge which had
looked like this since the 1960’s, but a built-up berm could be made in the
area. Using a power point presentation, Ms. Schrader showed the
proposed pads, the location of fill, and the ridgeline.
Staff concluded that developing on Pad #2 would incur a great deal more
disturbance. Developing on Pad #1 could, while it would violate the letter
of the code, could be more likely able to maintain less visibility and less
impact and could be a potential building site. Ms. Schrader also noted that
a public notice was sent out to property owners within a 4,000 square foot
radius.
In response to the July 1, 2008 Planning Commission meeting, a letter
was received from the Ironwood Community Association indicating a
strong support for maintaining the restrictions stated in the Hillside
Ordinance. A letter was also emailed and was distributed in the
Commission’s packet which also supported prohibiting development along
the ridgeline. A handwritten note was also distributed that requested no
development on the ridgeline.
Staff recommended that the Planning Commission preliminarily identify
proposed Pad #1 as a home site and require that such grading, berming,
and naturalization work as necessary be required to obscure the view of
the home and improvements from the valley floor as per the Hillside
Planned Residential zone section. She asked for any questions.
There were no questions of staff. Chairperson Tanner explained that this
was a Miscellaneous Agenda Item, so there wasn’t a public hearing, but
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the Planning Commission had the option to ask the applicant to come
forward. He noted that Mr. Kuykendall requested the opportunity to
address the Commission and Chairperson Tanner invited him to do so.
MR. BRUCE KUYKENDALL, P.O. Box 4737 in Palm Desert,
California, addressed the Commission. He stated that as three of
the Commissioners were aware, there was a no decision
previously. He said they were asking for an exception to the Hillside
Ordinance based on some real, very strong points. Those being
that they started this process in 2003 and at two different times the
City showed interest in purchasing the property for open space
easement or open space. Just recently they spoke with Carlos
Ortega. Mr. Ortega had them go out and get an appraisal and he
had a company he said to use. They used that company and came
back with an appraisal. They had a tolling agreement in place at
that time with the City submitted to Carlos’ office, and during that
time they were negotiating, the final Hillside Ordinance was
approved.
He explained that this property was graded back in the 60’s as
Renee said. They were at the lowest point of the ridgeline. Using
the displayed map, Mr. Kuykendall said they had Jan Wood who
lives behind them, and she was present and was in favor of what
they were doing. They had John McCormick who lives up near
there and he was in favor of what they were doing. The people who
were not in favor were over in Ironwood and couldn’t see the site
from their place. They have no real opposition from anyone within
visual sight of this pad.
Mr. Kuykendall said they submitted a driveway coming in the back
of the property, going around the knob, and coming in with a
turnaround. They received Planning Commission approval with a 5-
0 vote for that. Again, they submitted five different times to the City
and had some opposition and moved some things around, but the
most likely spot to build on this pad, per staff recommendation, was
the area that was graded back in the 60’s. There was roughly 1,800
square feet of graded off ridge; it was not an actual ridge, and if the
Hillside Ordinance is enforced, that red line running through the
property as the definition of the ridge had already been graded and
leveled off; it was graded in the 60’s. But if they take that ridgeline
and the road they have running through their property, where does
that ridgeline end? Where does it stop? So in other words, the
Ordinance takes this property from a $2 million appraisal six
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months ago to unbuildable. They couldn’t use it; they couldn’t
develop it.
If they did build here, they were looking at a humongous
maintenance facility, parking for over 300 cars, the Stone Eagle
sales office, and visually coming up Highway 74, they couldn’t see
it until passing St. Margaret’s and they get a glimpse, but as soon
as they pass it, they see roughly 60% of this property developed.
All the natural outcroppings that were there? Demolished. Stone
Eagle was mass graded. End of story. They used 60% to 70% of
their property right there. They used it and have additional units
they are trying to spread out in addition to it, but right across this
imaginary property line, they were being treated totally different.
They have mass opposition against them and the City Council
saying never build there. It has already been graded and they feel
they have a right to build there and that their value shouldn’t be
taken away. He said if they had any questions, he would like to
address them.
There were no questions. Chairperson Tanner thanked him and asked if
anyone else wished to speak in FAVOR of or in OPPOSITION to the
proposal.
MS. SUSAN PAULL, President of the Monterra Homeowners
Association, said she had some information that she would like to
know. She wanted to know the elevation of the lot, the elevations of
Pad #1 and Pad #2. The property is five acres. She wanted to know
the density and what Mr. Kuykendall planned to do with the rest of
the acreage. She wanted to know if the total request was just for
the two lots, or if he planned on expanding or developing additional
lots on the rest of the five acres. The reason she thought they were
all so sensitive in this matter is what happened with the Hagadone
project and this was something they didn’t want to see happen
again. She was sorry this gentleman had to be here at this time and
involved in this situation. If that had been handled properly and they
had accepted the responsibility of going along with the
Commission’s recommendation, they wouldn’t be so on edge for
this particular area.
She thought the Hillside Ordinance should have teeth, it should be
enforced, it has a purpose to protect the beauty of the mountains,
not to penalize someone in an area which maybe out of the realm
of the hillside development. She thought they needed more
information before they could give him approval. She knew these
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things always went through in the summer. She happened to be
here in the summer, so they only have one or two people who
happen to be in town at this time to raise questions. She was sorry
she wasn’t well informed and didn’t know the answers to these
questions, but they have a Hillside Ordinance that needed to be
enforced and the integrity of it maintained. It needed to be done
responsibility.
Mr. Kuykendall, in response to the questions raised by Mrs. Paull,
stated that they planned to build only one home; that was what it
was zoned for, one home. He said he has been doing hillside
grading here in this valley for over 20 years. He built all of Bighorn,
other than Hagadone and The Canyons side. He has worked with
the Planning Department on those five submittals that he made. To
answer her question, the main pad, Pad #1, he was going to drop it
12 feet and leave the outer edge of it up to obscure the view of the
house. The driveway that he got approved comes in from the back
and comes around the knob and he would tuck in to where even
Jan Woods, who was behind him, would have a hard time seeing
the house. The only exposure would be toward the Stone Eagle
project, but he thought that was only fair.
Chairperson Tanner thanked him and asked Ms. Paull if her questions
were answered. She said yes. Ms. Aylaian also added that the proposal
here was for preliminary identification of a pad site. It was not a complete
and developed proposal. When a site is identified, the applicant would be
required to come back, go through the public hearing process, have the
architecture reviewed and approved, and the entire project would go
through a formal review process. At that time they would have greater
detail to review and comment upon. They would also go through the same
noticing requirements, so if they were within 4,000 square feet, they would
get notification.
Chairperson Tanner asked is anyone else wished to speak in FAVOR of
or OPPOSED to the proposal.
MS. KIM HOUSKEN, 73237 Somera, stated that she lives within
the notification area. Her question was mainly of staff. She was just
curious how this case was different from David Nelson’s case. It
seemed like there were a lot of similarities, offers of building and
berms and so on. She would just like clarity as to how this varies
from that one.
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Ms. Aylaian explained that each of the properties on the hillside is
different. Some of them have existing pads, some don’t. They have
access from different areas. The terrain and topography is distinct for each
property. So the recommendation that was made for one would not
necessarily be appropriate for another. The recommendation here was
based upon the pre-existing pad, the orientation, and the best way to
shield views from the valley floor so that the intent of the ordinance, which
is to keep the views of our mountains shielded from signs of development,
they wanted to optimize this site by minimizing the disturbance to the hill
and minimizing the views that would be visible from the valley floor.
Ms. Housken said that clearly in terms of the intent, though, the
intent would be better met by Pad #2.
Ms. Aylaian said that staff disagreed with that. Staff believed that the
intent could be better met with Pad #1, not Pad #2.
Ms. Housken said she would also disagree with the last speaker as
well saying perhaps this person was just unfortunate that this was
the time for his project. She noted that a lot of time has passed
since 2003, but she happened to be here when Hagadone’s people
were here that fateful day at Planning Commission, and she
thought that Commissioner Sonia Campbell was perhaps the only
remaining person (on the Commission). Everyone was so
impressed with how beautiful it was going to look and it was going
to blend right in. Her fear was that the Hillside Ordinance was
developed because that didn’t turn out the way everyone was led to
believe it would. She would recommend looking for a better
alternative. Perhaps Pad #2, although it looked very small, that was
what she would lean towards. She asked them to stick to their
guns. They developed the ordinance and asked them to go forward
with it. She thanked them.
There was no one else requesting to speak. Chairperson Tanner asked for
Commission comments and then a motion.
Commissioner Limont agreed with Mrs. Housken and Mrs. Paull. She
believed they have an ordinance that came about honestly that staff
worked very hard on and this Commission worked very hard on that the
Council did and did for a reason. That was because our hillsides mean so
much in this valley. She thought it was also unfortunate that these two
pads were not exactly in a perfect world what they would want to build on.
One sits directly on a ridgeline. In reading the ordinance, she would say
that Pad #1 was definitely out. It flies right in the face of our ordinance.
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There was no reason to have this ordinance if they weren’t going to
enforce it. Palm Desert residents were relying on them to enforce the
ordinance and she didn’t want to let them down. As difficult as it was, she
still thought they needed to stick with the ordinance and take a look at Pad
#2. She wasn’t an engineer, but she would say that her recommendation,
or leaning, or opinion, was to stick with the ordinance.
Commissioner Russ Campbell stated that he had nothing to add.
Commissioner Sonia Campbell said that she was not changing her vote
from the last meeting. She agreed with staff to have Mr. Kuykendall build
on Pad #1. Staff believed that “the applicant could successfully build his
home on Pad #1 that would conform with the intent of the HPR zone”. Just
because this applicant bought the property, then the Council adopted an
Ordinance, she didn’t believe he should be penalized for building his home
on Pad #1 and that’s what staff agreed with also. Her vote remained the
same.
Chairperson Tanner echoed that. His vote hadn’t changed either. It was
simply a recommendation. They weren’t approving this, as they well knew;
they were suggesting that they take this to Council with their
recommendation to potentially build on site Pad #1. They would go
through the formal process as they would for a brand new project. What
they were trying to do was determine what pad and staff was
recommending that the applicant further his investigation on Pad #1. He
asked if a motion was needed. Ms. Aylaian said yes.
Action:
It was moved by Commissioner S. Campbell, seconded by Chairperson
Tanner, to, by minute motion, preliminarily identify Proposed Pad #1 as
the home site for the subject parcel, requiring such grading, berming and
renaturalization work as is necessary to obscure the view of the home and
improvements from the valley floor, per the Hillside Planned Residential
zone Section 25.15.130 ‘Optional Preliminary Approval’. Motion failed on a
2-2 vote (Commissioner R. Campbell and Commissioner Limont voting no;
Commissioner Schmidt was absent).
Chairperson Tanner pointed out that they were at a stalemate. From an
earlier discussion with staff, in the event of a tied vote, Chairperson
Tanner indicated that a motion should be made to move this up to City
Council. He noted that they were stalemated and it was not fair to make
Mr. Kuykendall sit through this again.
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It was moved by Chairperson Tanner, seconded by Commissioner Limont, to,
by minute motion, forward this matter to the City Council. Motion carried 4-0
(Commissioner Schmidt was absent).
X. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES
Commissioner S. Campbell stated that they didn’t have a meeting, but
the sculptures mentioned under review of Council actions were
reported on a few meetings ago. The sculptures were very well
diversified and she thought everyone would enjoy them.
B. LANDSCAPE COMMITTEE
Commissioner Limont said she would report at the next meeting.
C. PROJECT AREA 4 COMMITTEE
Ms. Aylaian reported that Project Area 4 had not met since the last
Planning Commission meeting.
D. PARKS & RECREATION
Chairperson Tanner reported that the Parks & Recreation Commission
did not meet.
XI. COMMENTS
The Commission welcomed new Commissioner Russ Campbell.
It was also noted that the next meeting on August 19 was canceled.
XII. ADJOURNMENT
It was moved by Commissioner Limont, seconded by Commissioner S.
Campbell, adjourning the meeting by minute motion. The motion carried 4-0
(Commissioner Schmidt was absent). The meeting was adjourned at 6:50
p.m.
_______________________________
LAURI AYLAIAN, Secretary
ATTEST:
____________________________
VAN TANNER, Chair
Palm Desert Planning Commission
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