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HomeMy WebLinkAbout2014-10-07 PC Regular Meeting Agenda PacketCITY OF PALM DESERT PALM DESERT PLANNING COMMISSION PRELIMINARY MINUTES TUESDAY, SEPTEMBER 16, 2014 – 6:00 P.M. COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 ______________________________________________________________________ I. CALL TO ORDER Chair Roger Dash called the meeting to order at 6:00 p.m. II. ROLL CALL Present: Absent: Commissioner John Greenwood Commissioner Nancy DeLuna Commissioner Sonia Campbell Vice Chair Ken Stendell Chair Roger Dash Staff Present: Jill Tremblay, City Attorney Lauri Aylaian, Director of Community Development Tony Bagato, Principal Planner Mark Diercks, Transportation Engineer Monica O’Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner Sonia Campbell led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION None V. ORAL COMMUNICATIONS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2014 2 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\9-16-14 min.docx VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of August 19, 2014. Rec: By Minute Motion, approve as presented. Upon a motion by Commissioner Campbell, second by Commissioner Greenwood, and a 4-0-1 vote of the Planning Commission (AYES: Campbell, Dash, Greenwood, and Stendell; NOES: None; ABSENT: DeLuna), the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS None IX. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of an appeal of a decision by the Zoning Administrator denying a Large Family Day Care Use Permit for a maximum of 14 children located at 74-085 Fairway Drive. The project is exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15301 (Class 1, Existing Facilities) of CEQA Guidelines. Case No. Large Family Day Care Use Permit 14-188 (Samantha Clark, 74-085 Fairway Drive, Palm Desert, California 92260, Applicant). Mr. Tony Bagato, Principal Planner, stated that several correspondences came in today, which were not included in the packets. He asked the Planning Commission if they needed a moment to read them. Mr. Bagato continued to report that the request is for a Large Day Care Use Permit, which was denied by the Zoning Administrator (City staff person). He indicated that a small day care (eight children or less) is allowed by right, and a large day care (nine to 14 children) is also allowed by right, unless a jurisdiction chooses to require a permit. However, the review of a large day care permit is limited to traffic control, parking, space and concentration, and noise. Mr. Bagato displayed a picture of the site and its location. He stated that the applicant is working with Washington Charter School (WCS) to provide an afterschool art program and day care in her home. The applicant proposes that after school the children will play and have snacks at the Hope Lutheran Church playground until 3:30 p.m. to let school traffic dissipate so that the children could cross the street safely. Mr. Bagato explained the process on how the children would be escorted across the street by the applicant. He listed staff’s concerns: traffic and speed limit, traffic control, parking, pedestrian safety, and neighborhood impact. He indicated that a traffic PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2014 3 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\9-16-14 min.docx study was done, and 255 to 323 vehicles travel per hour on Fairway Drive during the day care operating hours. In addition, he noted that the speed limit on Fairway Drive was recently raised from 25 miles per hour to 30 miles per hour based on a survey required by State law. Mr. Bagato stated that staff also has a concern with traffic control for crossing. He noted that crossing would occur at midblock and there is no signal, crosswalk, or stop sign. Installing a crosswalk at the subject location was discussed; however, staff still had concerns since it is midblock and not a controlled area. He mentioned that per the Palm Desert Municipal Code (PDMC) Section 10.16.020, stopping traffic with a handheld stop sign or blocking traffic without a handheld stop sign is illegal in Palm Desert unless you are a trained professional through emergency services or a certified crossing guard. Mr. Bagato indicated that there is a concern with parking. The home has a narrow lot, which will make it difficult for cars to maneuver. He noted that there is only one parking space available on the street. Mr. Bagato showed a video recorded by the City’s Transportation Engineer displaying how the applicant is currently crossing the children and noted his concerns. He mentioned that during his initial review he sent out a notice to nearby property owners and he received five letters in opposition, with two persons requesting a hearing. The hearing was held on July 21, 2014. At the hearing comments were made that there is a need for childcare; however, there were also neighbors concerned about traffic and noise. After the Zoning Administrator reviewed all the evidence, he issued the notice of denial on July 25 based on the traffic concerns and lack of maneuverability for on-site parking. He stated that the applicant filed an appeal of the denial to go to the Planning Commission. He noted that the Planning Commission’s decision is final unless the permit is called up for review by the City Council. Mr. Bagato said that after the appeal was filed, staff met with the applicant’s representative. The representative verbally proposed to drive the children across the street in a van, and provided a written statement that they will provide staggered pickup times to mitigate parking concerns. He explained that after reviewing State laws and the proposed conditions the applicant presented, staff believed that the appeal could be approved based on the two main conditions that were written in the resolution: 1) applicant shall drive the children to the property; and 2) the children shall be picked up at staggered times starting at 4:30 p.m. with no more than four cars every twenty minutes. He said the other option is the applicant could drive the children back to the church. Mr. Bagato mentioned that the applicant now states that it is not acceptable to drive the children across the street in a van, and the applicant continues to support the plan to cross the children midblock. He also mentioned that a letter was written by a consultant on the applicant’s behalf to which the Public Works Department wrote a memorandum in response. He said that another option to support the permit is if the applicant installs a sidewalk from her property towards Portola Avenue or Lantana Avenue. He offered to answer any questions. Vice Chair Ken Stendell asked if the proposed day care is only an after school facility. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2014 4 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\9-16-14 min.docx Mr. Bagato responded that it would only be an afterschool day care during the school year; however, they have State approval to start at 8:00 a.m. during the summer months. He was told that the program would only be 3:30 to 5:00 p.m. Vice Chair Stendell inquired if there could conceivably be morning care during the summer. He said that they would have to address the issue of different hours, if it is conceivable. He asked how feasible is it to install a sidewalk from one of the major intersections to the subject property. He also asked if it would be cost prohibitive to install the sidewalk. Mr. Bagato replied that staff estimated the cost for a sidewalk would be $20,000 to $30,000 depending on modifications for ADA, and it would also alter some of the driveways at existing homes. He stated that at this time, staff is recommending that the applicant, not the City would be responsible for the cost. Vice Chair Stendell stated that he is for day care, preschool, and afterschool care. His concern is that the driveway has vegetation out to the curb, with some blind spot conditions that would make it difficult for an individual or group bus arrangement to drive across the street. He commented that in the last couple of decades, Fairway Drive has been a major shortcut towards the east, and the City has tried throttling it by installing stop signs and controlling the speed. He stated that the pictures do not address all his concerns. He asked if the children crossing the street are considered to be jaywalking, and if it is prohibited per the municipal code. Mr. Bagato responded that it is not jaywalking. Per the municipal code, standing in the street with a stop sign to stop traffic is prohibited. He stressed that safety is a concern, and staff will support the day care if the children are driven across the street. Commissioner Campbell asked if the applicant is licensed, and if she is now open. Mr. Bagato replied that she has a State license for a small day care. Commissioner Campbell asked if the applicant has a City license. Is a City license required? Mr. Bagato stated that he believes that the State requires that the applicant get a City license. He mentioned that the applicant cannot get a City business license for the large day care until it is approved by the City. Commissioner Campbell asked if the applicant needs a City license for the small day care. Mr. Bagato replied yes. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2014 5 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\9-16-14 min.docx Commissioner Campbell inquired what the ages of the children are. Mr. Bagato responded that Washington Charter is a middle school, and the applicant can provide the ages of the children. Commissioner Campbell asked if the applicant would have children between the hours of 8:00 a.m. to 5:00 p.m. during the summer. What are the ages of the children during the summer? Mr. Bagato said that if the applicant is licensed by the State, the ages could be young children up to middle school age children. Commissioner Campbell inquired if that includes one-year old children. Mr. Bagato replied that if licensed by the State the applicant could have young children, but it may require additional teachers for infants. Commissioner Campbell clarified that the applicant could have children at any age. Mr. Bagato replied that is correct. Commissioner Campbell asked if property owners would lose a piece of their property if a sidewalk is installed, which she believes that would not make them happy. Mr. Bagato replied that is correct. Vice Chair Stendell commented that the property has a swimming pool. He asked if the pool would be used or would it be locked to prevent an accident. Mr. Bagato responded that the pool will not be used by the children at the day care. The pool is fenced and it has been addressed. He noted that the applicant has received approval by the Fire Department. Commissioner Campbell asked if the children will be allowed to be outside. Mr. Bagato replied that State law allows for children to be outside, and it is not a condition that the City could implement. Commissioner Campbell noted that there is a patio in the back. Mr. Bagato said that is correct, and provided a brief description of the house. Commissioner John Greenwood inquired if the afterschool art program is specific to WCS. Are there kids that do not attend WCS in the program? If the permit is PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2014 6 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\9-16-14 min.docx approved for 14 kids, would they all come from WCS? Would they arrive at the same time? Mr. Bagato answered that it is an afterschool art program for kids that attend WCS, and the 14 kids would be coming from WCS. He stated that the applicant’s intent is that the kids come from WCS; however, the City cannot regulate where the children come from. Chair Dash declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. MS. SAMANTHA CLARK, 74-085 Fairway Drive, Palm Desert, California 92260, stated that she hopes the Planning Commission reconsiders the decision to deny a large family day care in her home. She corrected Mr. Bagato’s statement, and said that they do not need the City’s approval to operate a small family day care. She also said that the children in her day care are in elementary school; kindergarten to fifth grade. Ms. Clark explained that she provides afterschool care from 3:00 to 5:00 p.m. She first picks up the children at WCS and takes them to Hope Lutheran Church, then she and another staff person prepare the children to safely cross the street. However, she was recently informed that it is illegal to stop traffic or use a stop sign without permission from a law official so they now cross with a yellow handmade sign. She continued to explain that the art program goes until 5:00 p.m., at which that time she takes the children back across the street to Hope Lutheran Church (Bermuda Dunes Learning Center site). Ms. Clark stated that the majority of the children do not get picked up at The Art House. The Bermuda Dunes Learning Center is open until 5:45, and her program ends at 5:00 p.m. She noted that the staff report is incorrect and apologized if there was confusion on her part. She clarified that they will only cross two times with most of the children being picked up at the Hope Lutheran Church. She noted that children that are picked up between the hours of 4:30 and 5:00 p.m. and there should be sufficient parking with minimal or no traffic disruption. She said most parents would pick up their children between 4:30 and 5:00 p.m. or after 5:00 p.m. at the church. She stated that the safety of the children is important to her, as well as complying with the laws of the City of Palm Desert. She referred to Palm Desert Municipal Code 25.64.020 and commented that she sees many parents as volunteers as cross guards that use stop signs and stop traffic. She asked if she could hire a crossing guard or become a certified crossing guard to mitigate the traffic safety concern. She feels that the safest way of crossing the children is the way they have been since it provides the children with the least amount of time on the street and is the shortest distance to her home. Ms. Clark stated that buying a van to cross the children is costly and seems a bit unreasonable for the short distance. She hopes that an agreement could be reached so that she could expand the program in her home without the use of a van. She thanked the Planning Commission for their time. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2014 7 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\9-16-14 min.docx Vice Chair Stendell asked if the current operating hours are from 3:00 to 5:00 p.m., and does she plan to extend the hours in the future. MS. CLARK responded that it is only an afterschool program during the school year. Vice Chair Stendell noted that the Public Works Director states that people holding up a sign are usually targets to get hit by a vehicle. He expressed that he would not like to be part of a governing body that would put children in jeopardy for this day care. He said that he agrees with the recommendation to drive them across the street in a vehicle. Vice Chair Stendell asked the applicant how amiable is she to the recommendation to use a vehicle to cross the children in order for the Planning Commission to approve the large family day care permit. MS. CLARK responded that she is not sure if she could afford a van, but she would look into it since she wants to expand. She stated that she hopes to reach some other type of agreement. Commissioner Campbell commented that the applicant stated that the afterschool program is from 3:00 to 5:00 p.m. She asked the applicant why she needs the hours from 8:00 a.m. to 5:00 p.m. MS. CLARK responded that with a State license she is able to have up to 14 children, and operate from 8:00 a.m. to 5:00 p.m. Commissioner Campbell clarified that the applicant would not have children between the hours of 8:00 a.m. to 3:00 p.m. The children will be at the day care from 3:00 to 5:00 p.m. MS. CLARK replied that is correct. Commissioner Campbell reaffirmed that the children will only be at the day care from 3:00 to 5:00 p.m. MS. CLARK replied that is correct, and added that it would only be during the school year. Commissioner Campbell asked if that includes the summer. MS. CLARK responded that they do not have any plans to have a summer program. Commissioner Campbell proposed that a condition is added that the applicant could only operate the afterschool program from 3:00 to 5:00 p.m. while school is in session. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2014 8 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\9-16-14 min.docx MS. CLARK responded that she agrees if that is the only way she could operate. Commissioner Campbell clarified that the applicant agreed to operate the afterschool program from 3:00 to 5:00 p.m.; September through June and no summer program. MS. CLARK replied that is correct. Commissioner Campbell said again that the applicant would not have children at the day care from June through September. MS. CLARK responded that she does not have plans, but she has considered it a possibility. Commissioner Campbell explained to the applicant that if the Planning Commission approves the permit with the conditions, she will not be able to have a day care during the summer. MS. CLARK replied that she understands. Commissioner Greenwood asked the applicant if she picks up the kids at WCS at 3:00 p.m. when school is out. MS. CLARK responded that the bell rings at 3:00 p.m. Commissioner Greenwood asked the applicant if she goes to Hope Lutheran Church for some time to let the traffic subside. MS. CLARK replied yes. She said that they get the children ready with vests. Commissioner Greenwood asked at what time they get to her home. MS. CLARK said they get to her home about 3:30 or 3:40 p.m. Commissioner Greenwood asked if the art program lasts approximately 45 minutes to an hour, and then does she start getting the kids ready to cross the street back to the church. Is she escorting the kids back to the church or are parents picking up children at the day care? MS. CLARK responded that the parents have the option to pick up the kids. However since it is a short program, most of the kids stay till the end. Commissioner Greenwood commented that it seems the applicant has support from the church. He asked the applicant if she has discussed with the church if there are any opportunities to have the art program on their site. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2014 9 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\9-16-14 min.docx MS. CLARK replied no. She said that she has talked to WCS, but she does not believe the church has space. MS. DEBORAH CLARK-CREWS, Executive Director of Riverside County Child Care Consortium, Moreno Valley, California 92557, communicated that she has been in the field for 37 years. She said that she has known Mrs. Gayle Clark and her family and the programs they run for over 20 years. She noted that she is not related to the family. She conveyed afterschool programs have a stellar reputation in Riverside County and Palm Desert. She stated that the State has licensed The Art House, and she briefly explained the process of obtaining a license. She mentioned that the applicant and their family have other sites that have been open for over 20 years, and the State believes that the applicant will provide a quality and safe program for the children. Ms. Clark-Crews reiterated that the applicant does not need City approval for a small day care. She said that after watching the video, she has never seen anyone go to the extreme as the applicant has to get the children across the street in a safe manner. She stressed that there is a phenomenal need in the County and Palm Desert for child care, and if there is a program to support the need then they should find a way to provide the quality care for children that is needed. MR. STEVEN HECHT, Willow Street, Palm Desert, California 92260, commented that he has two children. One of his kids attends WCS and goes to the Bermuda Dunes Learning Center in the afternoon. He mentioned that he and his wife chose Palm Desert to raise their family based on housing affordability, excellent public schools, and they felt the area was safe and secure for their children. He stated that his focus as their father has been to provide an environment that promotes a healthy, safe, and secure upbringing. Mr. Hecht also stated that he has witnessed and reviewed the procedures that the Bermuda Dunes Learning Center has implemented to safely move the children for the art program across the street. He concluded that the procedures in place are safe and appropriate, and asked that the Planning Commission concur. MR. REGGIE CLARK, Taylor Avenue, Palm Desert, California 92260, stated that he has worked over 25 years with preschoolers, elementary school and middle school children. He said that they have taken the time and the effort to provide the safe transportation of the kids directly across from the church to The Art House. He mentioned that he talked to two policemen who work in the area, and they said that the City Council would probably recommend coming off of Lantana Avenue, an undocumented crosswalk, then cutting down the south side of Fairway Drive. The policeman also said that it is the least safe route. Mr. Clark stated that the safest route would be as proposed to dress kids in neon vests, and have two adults monitor as they cross the street. He mentioned that he talked to several people that hold stop signs, and they said that they had no training, no fire clearance, and no police clearance. However, the Ms. Clark is being required to have clearance. He stated that they do not need a stop sign, PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2014 10 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\9-16-14 min.docx and that they were just trying to make a large presence to capture drivers’ attention. MR. ALLAN LEHMAN, Principal of WCS, Palace Drive, Palm Desert, California 92260, said that he has been at the school for 17 years, and they currently have 870 students. He noted that 170 students are ages four and five. He stated that child care has always been an issue at WCS. There are two organizations that provide child care (Bermuda Dunes Learning Center and The Homework Club) after the church preschool closed. Mr. Lehman indicated that the number of students at WCS has continued to grow so the need for quality child care has got even greater. He said that he embraced The Art House because it is another option for families. He commented that ultimately he would like to see a sidewalk in the area to cross the children. He commented that a van also has inherent risks. Mr. Lehman stated that they sometimes approach day care providers based on need for additional day care during the day. Vice Chair Stendell asked Mr. Lehman if enrollment at WCS is a condition upon child care. Mr. Lehman replied no. MR. JORGE JIMENEZ, Calico Glen Drive, Bermuda Dunes, California 92203, commented that his two kids have been going to the Bermuda Dunes Learning Center for the last two years. His oldest child attends WCS. He said that the only reason he is not part of the art program is because they do not have space for additional kids. He expressed that he as parent trusts the applicant and Bermuda Dunes Learning Center with his children. He last commented that he drives on Fairway Drive, and never sees a traffic problem and feels it is a low traffic street. MS. EMILY REKUC, Calle Tecate, La Quinta, California 92253, said that her daughter attends WCS, participates in the morning and afterschool program at Bermuda Dunes Learning Center, and attends The Art House program. She communicated that the applicant warned her that the program would be across the street, and shared with her how they plan on crossing the street. She stated that she and her husband are comfortable with the process. Last she said the she trusts Bermuda Dunes Learning Center with her daughter. MS. ALY FOSTER OLSON, 30th Avenue, Cathedral City, California 92234, stated that she works at Bermuda Dunes Learning Center and The Art House. She informed the Planning Commission that she assists in crossing the children. She indicated that the State has approved them for 14 children, and that the State trusts them to cross the children safely across the street. She expressed that they will be doing everything in their power to make sure the kids are safe, and they would never let something happen to the children. Ms. Olson stated that the six spaces might not sound like much, but six spaces will help families that need day care. She voiced that the State and the parents trust them with their children, PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2014 11 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\9-16-14 min.docx and hopes that the Planning Commission listens to the parents and reconsider their decision. MS. LISA LARSON, First Five Riverside, Riverside, California 92507, stated that she is given the impression that the Planning Commission is aware of the deficit that they face with child care in the western county. She encouraged the Planning Commission to please make sure that they do everything possible to make this work. DR. JAMES CONTI, Willow Street, Palm Desert, California 92260, stated that he is a physician at Eisenhower Medical Center and lives in south Palm Desert. He said that his children recently started to attend WCS, and his children attended Bermuda Dunes Learning Center when they lived in La Quinta. He stated that he trusts them with his children and they are very responsible. He commented that he feels child care is deficient in Palm Desert. He asked that the Planning Commission figure out a solution. He also asked if someone could look into additional signage or an illuminated crosswalk. He last stated that he is in favor of additional child care. MS. JEAN ESPINO, Joshua Road, Palm Desert, California 92260, commented that she is a program director at the Bermuda Dunes Learning Center located in Bermuda Dunes, and has been there for 20 years. She stated that they have been walking children across the street without incident for 20 years. She also stated that Ms. Clark has worked at their site, and has been fully trained on safety measures. She indicated that the State has approved the program and the street crossing. She noted that a child could legally be dismissed from school, and walk home, walk to a friend’s house, or walk to afterschool care independently without supervision. The children could walk to the day care facility then it would be the City’s responsibility to make sure there is a safe walking zone. After briefly voicing her opinions on street safety and the need for child care, Ms. Espino stated that if the Planning Commission feels it is not safe for the children to cross the street, then help them make it safe. MS. BETH RUBARTH, Callaway Court, Palm Desert, California 92260, communicated that her child has been with Bermuda Dunes Learning Center since he was nine months old. She declared that she has complete faith and trusts the Bermuda Dunes Learning Center with her child. She said that she hopes the Planning Commission listens to what the parents are saying. The parents should be able to make decisions and be able to trust that the applicant will take care of their children. MRS. GAYLE CLARK, Taylor Avenue, Palm Desert, California 92260, stated that she is the founder and executive director of the Bermuda Dunes Learning Center that opened in 1993, and listed her experience in the field. Approximately three years ago the Hope Lutheran Church and WCS requested that she consider opening a child care program at the church. They currently serve 60 children and PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2014 12 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\9-16-14 min.docx have children on a waitlist. She said that she and Ms. Samantha Clark saw the house across the street from the church go on the market for sale, and they both thought it would be a great place to have an art program. Mrs. Clark and her husband decided to take a chance and make an investment to provide an art afterschool program for the community. She stated that prior to purchasing the house she called and talked to the Planning Department and the Fire Marshall. She said that she provided the address and location, and they were all very helpful. Mrs. Clark showed another video of the children crossing the street. She commented that she received a letter from the City’s Transportation Department stating that they have concerns with the sunrise and sunset. She noted that the children would never be crossing the street in the morning since she is not providing morning care. During the winter months, the parents would pick up the children at the home or they would park at the church and cross the street to pick up their kids; it is their prerogative. She communicated that they have the knowledge on how to ensure the safe crossing of children, or they would not take that liability to put any child in danger. MR. GREG FAIN, Fairway Drive, Palm Desert, California 92260, stated that he has lived on Fairway Drive for 13 years and he has seen it all. He noted that Ms. Clark moved into the house in June, and she has not seen traffic in November through May when second home homeowners return to the desert. He said that they use Fairway Drive to go to El Paseo or other places. He indicated that he periodically calls the Police Department to report people speeding and people running the Black Rabbit stop sign on a frequent basis. It is scary to have someone crossing children in the middle of the street when people in today’s world are on their cell phones texting or they ignore the 30 miles per hour speed limit. He noted that the video is showing very little traffic, which is not a true indication for at least six months of the year. He voiced that it is a dangerous situation and someone is going to get hurt. MR. BRIAN MC GOUGH, Fairway Drive, Palm Desert, California 92260, stated that he has lived on Fairway Drive for seven years. He said that there is a lot of traffic where at times he can’t get out of his own driveway. He noted that he is not against day care; however, it is the wrong location. He feels it is ridiculous to ask the City to pay for a sidewalk from their tax dollars for 14 children. If there’s a need for a sidewalk, the applicant should pay for it. He said that it is not a good location to have children cross the street. He voiced that he has a concern with his property value going down. No one will want to buy his home if they know there is a large day care next door. He also voiced his concerns with the hours and the noise. In closing, he feels that is it not safe, it is a waste of time and a waste of money. MRS. DZENITA MC GOUGH, Fairway Drive, Palm Desert, California 92260, communicated that she is concerned with traffic and visibility is not good. She feels that is it not the right location for a day care. The neighbors were not taken PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2014 13 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\9-16-14 min.docx into consideration. She feels 14 children is a lot especially since they have a home business and noise would interrupt their business. MR. JOHN TURNER, Fairway Drive, Palm Desert, California 92260, commented that his brother is an educator and is not against family day care. He voiced that it is a bad location for a day care, and expressed his concern with traffic safety. MS. SAMANTHA CLARK stated that a family child care is to be treated as residential home because it remains a residence where she and her son live. She indicated that a provider must reside in the home, no special driveway is required, only three parking spaces are required, a family child care must be at least 300 feet from another child care, and child care may not cause traffic issues such as cars backed-up waiting to get in. Ms. Clark stated that she only wants to expand her program. She thanked the Planning Commission for their time, and hoped that they consider overturning the denial of the family day care. With no further testimony offered, Chair Dash declared the public hearing closed. Commissioner Greenwood commented that this case is a tough one for him. He is a father of two boys who are in day care programs. He understands the need for quality day care, and he acknowledges that the applicant is taking every consideration possible. However, he is concerned with traffic on Fairway Drive. He stated that there are so many unpredictable things that could happen, and commented that it is a very difficult case to decide on. Commissioner Campbell concurred with Commissioner Greenwood. She stated that there is always a need for a child care facility. She mentioned that she has lived in the desert for 29 years, and she has seen Fairway Drive become a very busy street. She noted that stop signs were added and police are always out there ticketing people. Commissioner Campbell communicated that it is not the right location to have small children crossing the street. What if there is someone texting or talking on the phone and hits a child, who is responsible? Would Ms. Clark be responsible? Would the City of Palm Desert be responsible? She feels that day care is needed; however, it is not the right location. Chair Dash said that no matter how much is planned in preventing things from happening there are going to be accidents that occur. He said that it becomes the responsibility of the Planning Commission to think in terms of safety of the children crossing the street. He commented that if a driver is distracted and the teacher and kids are in the middle of the street, there is nothing that the teacher can do to stop the car. He noted that there is another situation that occurs more often, in which a senior mistakes the accelerator for the break. Again, there is nothing a teacher could do to stop the car. He expressed that he would hate and would not want to in his life to say “I wish I had not done that.” PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2014 14 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\9-16-14 min.docx Vice Chair Stendell agreed with all of the Planning Commissioner’s sentiments. He thoroughly believes that the applicant’s intent is good and the Planning Commission’s ability to trust the applicant’s intent that being the first and foremost safety of the children. He believes that, except when you put trust versus traffic. He said that aside from traffic, his number one concern, they also have to factor in the setting and rising sun on Fairway Drive. He noted that he has been a driver on Fairway for over 30 years to know that the sun glares in the early morning and in the late afternoon when the sun is setting, then there is the issue of darkness. Vice Chair Stendell communicated that the risk they all take could be overwhelming. Individuals may not look at Ms. Samantha Clark as the individual that opened a day care; however, they would remember that the Planning Commission of 2014 approved the permit, and six children and a teacher were injured. He stated that in some way the City is going to be accountable because the Planning Commission approved the permit. He noted that the conditions of approval that have been put forth in the resolution for approval stipulate hours of operation. He would condition that the hours of operation are from 3:00 to 5:00 p.m., afterschool day care only, and only during the school year. He pointed out that the most important condition that was touched upon briefly during the hearing is Condition No. 5 that states, “The applicant shall drive the 14 children to the day care home from Washington Charter School or Hope Lutheran Church. . .” He made clear that anything that is approved or denied has to address Condition No. 5, which states that the applicant will transport the children in a vehicle. He stated that the only way he would support the permit is with the amendment to the hours of operation and Condition No. 5. He commended the applicant for wanting to do a good deed. He said that proper due diligence could have determined whether or not a permit would have been approved. In closing, he stated that he would move to amend Condition No. 4 to state the hours of operation to be between 3:00 and 5:30 p.m. afterschool during the school year, and Condition No. 5 that the applicant shall drive the 14 children to the day care from WCS or Hope Lutheran Church. Commissioner Campbell clarified if the school year would be September through June. Vice Chair Stendell responded that is correct. Chair Dash asked Ms. Aylaian how she would want the Planning Commission to handle the motion. Ms. Aylaian responded that there is a motion, which is to amend the hours of operation from 3:00 to 5:30 only during school year (September-June), and that the children are driven from WCS or Hope Lutheran Church to the facility. She stated all they need is someone to second the motion. Or, The Planning Commission could move to direct staff to return with a resolution of denial. PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2014 15 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\9-16-14 min.docx Vice Chair Stendell moved, by Minute Motion, to approve a large family day care, and amend Condition No. 4 to state the hours of operation from 3:00 to 5:30 p.m. during the school year (September-June), and children must be driven from WCS or Hope Lutheran Church to the facility per Condition No. 5. Motion was seconded by Commissioner Greenwood and carried by a 4-0-1 vote (AYES: Campbell, Dash, Greenwood, and Stendell; NOES: None; ABSENT: DeLuna). Vice Chair Stendell moved, by Minute Motion, to waive further reading and adopt Resolution No. 2636, approving Large Family Day Care Use Permit 14-188, subject to conditions as amended. Motion was seconded by Commissioner Greenwood and carried by a 4-0-1 vote (AYES: Campbell, Dash, Greenwood, and Stendell; NOES: None; ABSENT: DeLuna). Vice Chair Stendell asked the applicant if she understood that the Planning Commission approved the large family day care by amending the hours of operation to be afterschool (3:00-5:30 p.m.), and the applicant shall drive the 14 children to the day care facility. The children will be picked up at staggered times by the parents, or they will be driven back to the church. He made clear that the children will not cross the street. The Planning Commission asked that the applicant talk to City staff, if she has any questions or needs clarification. X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION None XII. COMMENTS None PRELIMINARY MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 16, 2014 16 G:\Planning\Monica OReilly\Planning Commission\2014\Minutes\9-16-14 min.docx XIII. ADJOURNMENT Upon a motion by Commissioner Campbell, second by Commissioner Greenwood, and a 4-0-1 vote of the Planning Commission (AYES: Campbell, Dash, Greenwood, and Stendell; NOES: None; ABSENT: DeLuna), Chair Dash adjourned the meeting at 7:38 p.m. ROGER DASH, CHAIR ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION MONICA O’REILLY, RECORDING SECRETARY