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Home My WebLink About0602 MINUTES PALM DESERT PLANNING COMMISSION MEETING TUE5DAY - JUNE 2, 1992 7 :00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE * * * * * * * * * * * * * * * * * * * * * * * * ""'� I . CALL TO ORDER Chairperson Whitlock called the meeting to order at 7 : 00 p.m. � II . PLEDGE OF ALLEGIANCE Chairperson Whitlock led in the pledge of allegiance. III . ROLL CALL � Members Present: Carol Whitlock, Chairperson Bob Downs Sabby Jonathan Jim Richards Bob Spiegel Members Absent: None Staff Present: Ray Diaz Bob Hargreaves Dick Folkers Tonya Monroe IV. APPROVAL OF MINUTES: � Consideration of the May 19 , 1992 meeting minutes . Action: Moved by Commissioner Spiegel, seconded by Commissioner Richards, approving the May 19 , 1992 meeting minutes as submitted. Carried 4-0-1 (Commissioner powns abstained) . V. SUMMARY OF COUNCIL ACTION Mr. Diaz summarized May 28, 1992 pertinent council items . VI . CONSENT CALENDAR None. VII . PUBLIC HEARING5 A. Case No. PM 27511 - ELTINGE & GRAZIADIO DEVELOPMENT COMPANY, Applicant Request for approval to subdivide a service station from a shopping center southwest of Highway 111 and Larkspur Lane. �r MINUTE� PALM DESERT PLANNING COMMISSION JUNE 2 , 1992 Mr. Diaz outlined the salient points of the staff report and � explained that the subdivision was for financing purposes . Staff recommended approval . Chairperson Whitlock opened the public testimony and asked the applicant to address the commission. MR. JERRY USELTON, representing the owner, stated that he was present to answer any questions . He confirmed that the reason for the parcel map was for financing purposes and to alleviate lender concerns, as well as for title insurance purpases . He stated that the ownership would not change. Commissioner Jonathan asked if the applicant was able to have the reciprocal access easement recorded. After discussion, it was clarified that this was a condition of approval and the reciprocal access agreement between the other stores in the center and the Mobile Station would have to be recorded. Chairperson Whitlock asked if anyone wished to address the commission in FAVOR or OPPOSITION to the proposal . There was no one. Chairperson Whitlock closed the public testimony. Action: �„� Moved by Commissioner Jonathan, seconded by Commissioner Downs, adopting the findings as presented by staff . Carried 5-0 . Moved by Commissioner Jonathan, seconded by Commissioner Downs, adopting Planning Commission Resolution No. 1574, approving PM 27511, subject to conditions . Carried 5-0 . VIII . MISCELLANEOUS A. RESPONSE FROM CITY ATTORNEY REGARDING THE CITY'S ZONING AUTHORITY AS APPLIED TO A COMMUNITY COLLEGE CAMPUS Mr. Diaz stated that Mr. Hargreaves was present to answer any questions on this report. He indicated that this met the understanding they had before that the college as a public agency had a greater control; however, one of the reasons this report was asked for was because of the ballfields and the lighting condition and the screening of the lighting condition. He said that he had a signed agreement from Dr. David George indicating that he did not have a problem with 2 "� MINUTES PALM DESERT PLANNING COMMISSION JUNE 2 , 1992 the city spending $20,000 to screen thei.r lights . He noted i"" that condition might be eliminated as a result of the appeal . Commissioner Spiegel noted that on the bottom of page two it said, "It is our understanding that the driving range is an integral part of the college 's golf instruction courses, and as such, would be subject to exemption. " He stated that it was his understanding that golf would not be taught at night and the driving range was used strictly as a money-making operation which effected the residents and did not feel the lights were part of the college instruction. Mr. Hargreaves noted that he was not the one who researched this item, but agreed with Commissioner Spiegel ' s interpretation and that if the city could show that the lights had nothing to do with the instruction program, the city could probably argue that the city had some ability to regulate what was going on. Commissioner Spiegel said that the reason he said that was because there was a lot of unhappiness from people who live in Palm Desert around this area with the lighting since its inception and the city has always backed away from the issue saying that they had no control because it was part of the college. He stated that if the swap meet was part of the �"� community, then a money-making driving range was also part of the community. Mr. Diaz stated that he believed that if push got to shove the problem could be resolved. He agreed that the issue was open to question and noted that the college classes were on the north end of the driving range and drive south. At the south end of the driving range driving north were the people who were being taught to hit golf balls, but for non-college credit, or hittinq them on their own. Commissioner powns also noted that they had to pay for it asked if it was a private firm. Commissioner Spiegel replied not yet. Mr. Diaz stated that hopefully it would be resolved, but the appeal would slow it down. Commissioner Richards suggested that particular item in discussion with the council in preparation of the appeal be left alone. He felt the city was capable of providing $20, 000 to rectify the situation a lot easier than the college. He encouraged Mr. Diaz that in his discussion with the city council and/or in preparation for this appeal, that the condition on the lights remain. Mr. Diaz stated that was his intention all along, because the people being impacted by the lighting were not represented by that group and to penalize r... 3 MINUTES FALM DESERT PLANNING COMMISSION JUNE 2 , 1992 them because of an appeal would not be right; he felt that � something should be done. Commissioner powns indicated that the $20,000 to fix the lighting would be cheaper than going to court to see if the law would govern it or not. Commissioner Richards concurred and should be regulated if it' s a commercial venture and not an educational part of the services of the community college. Mr. Diaz stated that the college might still argue as to whether or not the street faire was part of that because it was never legally decided. He said their intention was to keep that condition on the ballfields regardless of which plan was adopted because something needed to be done and felt the engineer looking at the issue was very confident that something could be done to mitigate the lighting by simply raising it. He felt it was unfortunate that what was installed was a by-product of a quick decision and it would be fixed. B. ORAL REPORT FROM PUBLIC WORKS REGARDING TRAFFIC SAFETY PROBLEMS ON JONI DRIVE Mr. Folkers and Mr. Safavian reviewed the report prepared by Mr. Safavian. A question and answer session took � place with suggestions and possible alternatives discussed. Commissioner Richards stressed the importance of safety and involving the property owners and tenants in the solution. Mr. Folkers indicated that they had been working with the Valley Industrial Park organization and would continue to do so. Commission requested that public works return in six months with a report on any progress . IX. ORAL COMMUNICATIONS None. X. COMMENTS Commissioner Jonathan noted that $1 . 6 million was to be included in the budget for the Cook Street Interchange and asked if the interchange was proceeding. Mr. Folkers explained that the money was for obtaining engineering and environmental services; the actual construction of the interchange would not take place until 1994-1995 . He noted 4 "� MINUTES PALM DESERT PLANNING COMMI5SION JUNE 2 , 1992 that meetings were being held June 5 from 11 : 00 a.m. and 7 : 00 ... p.m. and again on June 19, 1992 . Commissioner Richards thanked public works for getting the sign back up at Cahuilla Way and Highway 74 . XI . ADJOURNMENT Moved by Commissioner powns, seconded by Commissioner Jonathan, adjourning the meeting to June 16, 1992 by minute motion. Carried 5-0. The meeting was adjourned 7 :50 p.m. RAM N A. DIAZ,• S c ry ATTEST: , . C`/f2 �� [-��'��' CAROL WHITLOCK, Chairperson Palm Desert Planning Commission /tm . ... r... 5