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Home My WebLink About0719 MINUTES PALM DESERT PLANNING COMMISSION REGULAR MEETING TUESDAY - JULY 19, 1994 7 :00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE raw I . CALL TO ORDER Chairperson Spiegel called the meeting to order at 7 : 00 p.m. II . PLEDGE OF ALLEGIANCE Commissioner Jonathan led in the pledge of allegiance. III . ROLL CALL Members Present: Bob Spiegel, Chairperson Paul Beaty Sabby Jonathan Carol Whitlock Members Absent: None Staff Present: Ray Diaz Joe Gaugush Bob Hargreaves Tonya Monroe IV. APPROVAL OF MINUTES: �.. Consideration of the July 5, 1994 meeting minutes . Action: Moved by Commissioner Whitlock, seconded by Commissioner Jonathan, approving the July 5, 1994 meeting minutes as submitted. Carried 4-0 . V. SUMMARY OF COUNCIL ACTION: Mr. Diaz summarized pertinent July 14 , 1994 city council actions . VI . ORAL COMMUNICATIONS - A None. VII. CONSENT CALENDAR A. Case No. PMW 94-5 - ST. MARGARET' S EPISCOPAL CHURCH, Applicant Request for approval of a parcel map waiver to merge two lots on Highway 74 as required pursuant condition of the ... previously approved conditional use permit. MINUTES PALM DESERT PLANNING COMMISSION JULY 19 , 1994 B. Case No. PMW 94-9 - SUNRISE DESERT PARTNERS, Applicant Request for approval of a parcel map waiver to allow a lot line adjustment between a residential condominium lot and the golf course lot located on Desert Holly Drive. Action: Moved by Commissioner Whitlock, seconded by Commissioner Beaty, adopting the consent calendar by minute motion. Carried 4-0. VIII. PUBLIC HEARINGS A. Case No. CUP 94-10 - BEN VARTANIAN FOR BENNY' S BAGELS, Applicant Request for approval of a conditional use permit to allow a 1500 square foot restaurant with a maximum of 20 inside seats in the Palms to Pines West commercial center located at 72-785 Highway 111 . NNW Mr. Diaz indicated that staff contacted the businesses adjacent to Benny' s Bagels to make sure there were no problems with this request; there were none. Staff recommended approval . Chairperson Spiegel asked why this was before the commission since the restaurant was already open. Mr. Diaz explained that when it opened, it opened as a bagel shop/bakery and the request for 20 seats inside necessitated the conditional use permit. If the applicant was to have only eight seats, he would not be required to obtain a conditional use permit. Chairperson Spiegel opened the public testimony and asked the applicant to address the commission. MR. BEN VARTANIAN, a Palm Desert resident, stated that when he originally came to the city to apply for his permit he notified staff that this would be a bagel bakery and deli and he would have a 90% take-out business. At lunch time a lot of people from the neighboring businesses came in for sandwiches and they were there approximately 30 minutes . He did not feel it 2 "'r' MINUTES PALM DESERT PLANNING COMMISSION JULY 19, 1994 ... created a traffic problem in the area. When he applied for his permit, he was told if he had seating he would have to have two public handicapped accessible restrooms, so he put in two restrooms . He asked how many seats he could have inside and was told up to 20 and it was left at that. They didn't have the seats installed for a while and after they were, they were told they were allowed only eight inside unless they obtained a conditional use permit. Chairperson Spiegel asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . There was no one and the public testimony was closed. Action: Moved by Commissioner Beaty, seconded by Commissioner Whitlock, approving the findings as presented by staff . Carried 4-0. Moved by Commissioner Beaty, seconded by Commissioner Whitlock, adopting Planning Commission Resolution No. 1658, approving CUP 94-10 . Carried 4-0 . B. Case No. CUP 93-4 (A) - ALIBABA FARZANEH, Applicant Request for approval of an amendment to a conditional use permit to allow Club 74 to use an existing 1, 000 square foot patio as outdoor restaurant seating area at 73-061 El Paseo in the C-1 S.P. zone. Mr. Diaz explained that a conditional use permit was not necessary because planning commission authorized the director of community development to approve the request as a director' s modification pursuant to additional parking being provided for the El Paseo Collection building, which had been done. Mr. Alibaba Farzaneh was present also. Action: No action was necessary. IX. MISCELLANEOUS Mr. Diaz noted that the Section 4 Environmental Impact Report was complete and commission would be receiving a copy of it 3 MINUTES PALM DESERT PLANNING COMMISSION JULY 19 , 1994 for their comments . At the council meeting a gentleman indicated that he would like the hearings for Section 4 to wait until October or late September. The first hearing would be before the planning commission and he was asking for some direction as far as staff recommendation was concerned. Planning commission would hold the hearing and ultimately it would go to the council anyway because it involved a change of zone and general plan amendment and council could make the decision to hold a hearing immediately after commission. He anticipated the planning commission hearing to be the 6th of September. Commissioner Whitlock noted that since council was the ultimate body that would approve it, all those giving testimony would want to appear before them. Chairperson Spiegel asked if there would be much animosity on the part of the people in the area opposed to the project if the planning commission reviewed Section 4 prior to the first of October. Mr. Diaz said the notice of public hearing that would go out could tell the people that there would be another hearing before the city council, but he didn't intend that to mean not to bother coming to the planning commission. He felt that ultimately they realized the entire matter would go to the city council anyway, so he did not think there would be animosity. He said a major issue was the ballpark and the problem was that there were three different applications involved. One was the conditional use permit for the ballpark which was part of the plan; another part was the tentative tract map submitted by Mr. Solomon. That matter would be before the commission on September 20 after the EIR was certified. And then there was the entire plan and city project. He anticipated in the advertisement with commission' s permission that he would try and make it succinct that what planning commission was looking at was the entire plan and not reviewing the conditional use permit for the ballfields . It was clarified that the ballfields were approved by planning commission and were before council . Commissioner Jonathan asked what would be lost by waiting to the first meeting in October. Mr. Diaz said that by planning commission waiting to the first week in October, it would mean the council would not see it until the second meeting in October or first meeting in November. He stated that the Odekirks indicated to him that they would like a decision as quickly as possible, but they would like to move ahead. He noted that he received some letters from Mr. Solomon' s lawyers and clarified that the property would not be obtained by eminent domain until the EIR was certified. The ultimate decision on his ten acres could be impacted by a delay in the process . If commission did not feel strongly about waiting until October, his recommendation would be to go ahead with 4 "'ri MINUTES PALM DESERT PLANNING COMMISSION JULY 19, 1994 •.•. the plan and certification of the EIR hearing on September 6 and noted the commission does not certify the EIR, but makes a recommendation. The ultimate decision makers are the city council . Chairperson Spiegel asked if the commission would have to revisit the ballfields; Mr. Diaz said they might have to, it would be up to the council . Regarding the issue of the ballfields, he would make that very clear on the advertisement for the hearing that the hearing was not to discuss the conditional use permit for the ballfields . Commissioner Whitlock suggested the September 20 planning commission meeting. Mr. Diaz said that would still allow the council to receive the item in October. Commission concurred with the September 20, 1994 meeting date. X. ORAL COMMUNICATIONS - B None. XI . ECONOMIC DEVELOPMENT ADVISORY COMMITTEE UPDATE Mr. Diaz noted that the next meeting would be July 21, 1994 . XII . COMMENTS low Commissioner Jonathan asked if staff was working toward a study session on minimum lot sizes . Mr. Diaz replied yes, they were trying to get some developers together. Mr. Diaz noted that council was recruiting at this time for a fifth commissioner and he had received two calls from persons in the community. Staff hoped there would be a commissioner appointed by September 20 . XIII . ADJOURNMENT Moved by Commissioner Whitlock, seconded by Commissioner Jonathan, adjourning the meeting by minute motion. Carried 4-0 . The meeting was adjourned at 7 :23 p.m. RAM ON A. DIAZ,• S c 06ry ATTEST RO ERT A. SPIEGE , son Palm Desert Planning Commission /tm 5