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HomeMy WebLinkAbout0301 MINUTES PALM DESERT PLANNING COMMISSION REGULAR MEETING TLTESDAY - MARCH 1, 19 9 4 7:00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE r.. * * * * * * * * * * * * * * * * * * * * * * * * I . CALL TO ORDER Chairman Spiegel called the meeting to order at 7 : 00 p.m. II . PLEDGE OF ALLEGIANCE Commissioner Whitlock led in the pledge of allegiance. III . ROLL CALL Members Present: Bob Spiegel, Chairman Paul Beaty Sabby Jonathan Carol Whitlock Members Absent: None Staff Present: Jeff Winklepleck Bob Hargreaves Joe Gaugush Tonya Monroe IV. APPROVAL OF MINUTES: "' Consideration of the February 15, 1994 meeting minutes . Action: Moved by Commissioner Jonathan, seconded by Commissioner Whitlock, approving the February 15, 1994 meeting minutes as submitted. Carried 4-0. V. SUMMARY OF COUNCIL ACTION: Mr. Winklepleck stated that there were no items from the February 24 council meeting impacting planning commission. VI. CONSENT CALENDAR None. VII. ORAL COMMUNICATIONS - A None. VIII. PUBLIC HEARINGS A. Case No. CUP 94-1 - NEW HEAVEN DANCE CENTRE, Applicant ,r,� Request for approval of a conditional use permit to allow the operation of a MINUTES PALM DESERT PLANNING COMMISSION MARCH 1, 1994 4250 square foot dance studio at 73-130 �.�i E1 Paseo, Suites O-U, in the C-1 S.P. zone. Mr. Winklepleck summarized the salient points of the staff report and recommended approval. Commissioner Jonathan asked if the time frame in which the survey was conducted included weekends, lunch and evenings; Mr. Winklepleck replied yes. He indicated that this building had its own parking lot with 79 parking spaces and occasionally there was an insignificant overflow from Tony Roma' s, but not from Carl ' s Jr. or Palomino' s . Commissioner Whitlock asked what prompted the letter from Mr. Karcher; Mr. Winklepleck said he spoke to him last week and his main concern was the lunch hour business; as shown in the report there would only be 12 people during the day (if there were more he did not feel there would be a problem) - Mr. Karcher' s concern was with the entry from Highway 111 and possible congestion deterring potential customers . Chairman Spiegel commented that people going to the dance studio would probably not go to Carl ' s Jr. to park because it was far enough away; Mr. Winklepleck concurred. ..r Chairman Spiegel o ened the public hearing and asked the applicant to address the commission. MS . SHANNA LANDEL, Vice President, stated that she was bringing ten years experience to her business and while the staff report client figures were optimistic, she hoped the business would do well . Chairman Spiegel asked for and received clarification on the facility' s rooms and how they would be used on weekends . Commissioner Whitlock asked if all types of dance would be provided; Ms . Landel stated that there would be ballroom, latin, country western, etc. , but not hip hop styles . Chairman Spiegel asked what age group she was targeting; Ms . Landel replied ages from 30 to 80 . Chairman Spiegel asked if anyone wished to address the commission in FAVOR or OPPOSITION to the proposed project. There was no one and the public testimony was closed. Commissioner Whitlock stated that she would move for approval . 2 � MINUTES PALM DESERT PLANNING COMMISSION MARCH 1, 1994 '"r Action: Moved by Commissioner Whitlock, seconded by Commissioner Beaty, approving the findings as presented by staff. Speaking to the motion, Chairman Spiegel noted that he drove by there on his way to the meeting and there were plenty of places to park. He called for a vote. Motion carried 4-0. Moved by Commissioner Whitlock, seconded by Commissioner Beaty, adopting Planning Commission Resolution No. 1640, approving CUP 94-1, subject to conditions . Carried 4-0 . IX. MISCELLANEOUS A. Street Right-of-Way Abandonment - Painters Path between Fred Warinq Drive and the Palm Valley Channel . Request for approval of a determination that the subject right-of-way is in conformity with the city's General Plan. Mr. Gaugush stated that he was looking for a minute motion from the planning commission to the city council stating that the abandonment of the right-of-way is in conformity with the """ city' s General Plan. Based on the fact that additional right-of-way was going to be dedicated as part of the development itself, staff felt it was appropriate to make that determination. Commissioner Jonathan asked for clarification. Mr. Gaugush explained that currently Painters Path between Fred Waring Drive and the Palm Valley Channel where it terminates with the Desert Crossing project, Painters Path was being realigned further to the south. In order to provide for that realignment, the city had to go through the process of abandoning the existing right-of-way. Commissioner Jonathan asked if the intent was to align it with Painters Path on the other side of the wash; Mr. Gaugush said that currently it did physically line up with Painters Path on the other side of the wash; however, it did not connect due to the interdiction by the channel . What this realignment would do was move it again further to the south towards the toe of the existing foothill. It was not intended to cross the channel . Commissioner Jonathan asked what the purpose of the realignment was; Mr. Gaugush replied that it was to provide for the development of the Desert Crossing project. At the last meeting the commission approved a parcel map, which was another implementing element of the development agreement ... 3 MINUTES PALM DESERT PLANNING COMMISSION MARCH 1, 1994 from 1989 . This action had to take place in order to •� schedule the proposal before council for the actual public hearing on the abandonment of the right-of-way. Commissioner Jonathan asked what happened after the street was abandoned and if it would go to the property owner; Mr. Gaugush confirmed that the underlying rights reverted back to the property adjacent to it. The developer, Lowe Enterprises, was undertaking the removal of existing improvements. Commissioner Jonathan asked if there was an easement where the city intended to move the road southwesterly; Mr. Gaugush stated that one of the requirements of the abandonment was that the subdivider rededicate the new alignment--that would be happening concurrently with the abandonment process . They would not have a situation where there was no access rights, it would be a back to back recordation. Chairman Spiegel asked if there would ever be a plan where Painters Path on one side would go across with a bridge to the other side; Mr. Gaugush said that as long as he had been involved in looking at this property over the years, there were some thought processes entertained to make the connection a few years back--those were dispelled due to some public outcry from adjacent property owners. There was no intent at staff level and with the current council there would be agreement that it would not happen. r Chairman Spiegel asked if anyone wished to address the commission on this issue. There was no one. Action: Moved by Commissioner Whitlock, seconded by Commissioner Beaty, by minute motion determining that the street right-of- way abandonment of Painters Path between Fred Waring Drive and the Palm Valley Channel is in conformity with the city' s General Plan. Carried 4-0. X. ORAL COMMUNICATIONS - B None. XI. COMMENTS 1 . Commissioner Whitlock asked for clarification as to why the oral communications section was after the consent calendar. Mr. Hargreaves explained that there was a requirement under the Brown Act that the public be given an opportunity to comment on any item on the agenda 4 � MINUTES PALM DESERT PLANNING COMMISSION MARCH 1, 1994 '� before that item was discussed by the planning commission. As to non-hearing items, there was a problem with the old agenda format because people would have to wait until after the item was discussed to address it to the commission. Commission discussed rewording the oral communications section. 2 . Commissioner Jonathan stated that he and Bob Spiegel went on a tour of the sewage treatment plant with Tom Levy; he felt the tour was educational. The water district seemed to be concerned about potential odor problems and had put in quite a bit of infrastructure and resources into containing the potential odor problems, although it was agreed that something happened occasionally and he would continue to work with Tom Levy on that. There was one potential problem that was discussed, which was the ingress and egress into the project. When currently going south on Cook Street, an illegal left-turn could be made into the treatment plant. Since he worked there he could see that being done all the time by the big trucks serviced septic tanks . The problem was that there was no left turn lane there; Cook Street was only two lanes and they stopped traffic. It was a dangerous spot and was hard to see � because the road came down there. Also, traffic coming out of the treatment plant was not supposed to make a left onto Cook, but they do. Mr. Levy said that he had offered to pay for the installment of the plastic diverters if that was an appropriate action. He said his offer was not accepted, but was still good. Commissioner Jonathan felt this was something the city could follow up on because he saw the potential for an accident. Chairman Spiegel stated that he learned a lot, even more than he really wanted to know. He said that he asked Mr. Levy about the Kaiser Development and he represented the water and sewage district for the Coachella Valley and he said there was no way, no matter what problem they had there, that it would affect our water. The only thing he personally worried about was the truck traffic and emissions from that and the trains . From a ground water standpoint, he had no strong feelings that it would ever effect our water. 2 . Chairman Spiegel stated he was looking forward to the conference in San Diego and wished all the commission could attend. ..� 5 MINUTES PALM DESERT PLANNING COMMISSION MARCH 1, 1994 3 . It was noted that the joint meeting with the city 'r council would be rescheduled. XII. ADJOURNMENT Moved by Commissioner Whitlock, seconded by Commissioner Jonathan, adjourning the meeting to March 15, 199 Carried 4-0 . The meeting was adjourned at •22 p.m. 0 _ e—F�f ; �� N� '���+a�+y��j r �'�1 '�VY��/ 0 �''•f�N�✓ . RAMON A. DIAZ, ec ary ATTEST: � � RO ER A. SPIEGE , n Palm Desert Planning ission /tm r1 �■i 6