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HomeMy WebLinkAbout0906 MINUTES PALM DESERT PLANNING COMMISSION REGULAR MEETING TUESDAY - SEPTEMBER 6, 1994 7 :00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE 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: Ramon Diaz Dick Folkers Marshall Rudolph Tonya Monroe Steve Smith IV. APPROVAL OF MINUTES: Consideration of the July 19 , 1994 meeting minutes . Action: Moved by Commissioner Whitlock, seconded by Commissioner Jonathan, approving the July 19, 1994 minutes as submitted. Carried 4-0 . V. SUMMARY OF COUNCIL ACTION: Mr. Diaz summarized pertinent July 28 and August 25, 1994 council actions . He noted that the council needed the commission to affirm by minute motion that as part of the Bighorn development, when it was under the previous owner, there was an area in the open space area that was supposed to be identified for a water tank. The water tank was built, however, the land should not have been included as part of the dedication for open space. He noted the area involved a few thousand square feet. Council approved the quit claim deed but a determination was needed affirming it to be consistent with the general plan by the planning commission. He requested a minute motion by planning commission affirming the quit claim' s consistency with the general plan. %NW MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6 , 1994 Action: vow Moved by Commissioner Jonathan, seconded by Commissioner Whitlock, affirming that the quit claim for Bighorn Country Club was consistent with the Palm Desert General Plan by minute motion. Carried 4-0 . VI . ORAL COMMUNICATIONS - A None. VII . CONSENT CALENDAR A. Case No. PMW 93-8 - PETER SOLOMON/PARMELEE TRUST, Applicant Request for approval of a lot line adjustment to move the common lot line between lots 50 and 52 at the southwest corner of lot 52 , approximately 30 feet north of recorded position within Tract 25445 . B. Case No. PMW 94-6 - OASIS COUNTRY CLUB, Applicant Request for approval of a parcel map waiver to allow a lot line adjustment to incorporate a pool area into the common area for the homeowners association. C. Case No. PMW 94-10 - ROBERT B. VARNER AND DAVID AND ANDREA DOMINICK, Applicants Request for approval of a parcel map waiver to allow a lot line adjustment for lots 5, 7, 8, 9 10 and 11 within the Sunterrace development. D. Case Nos . PP 93-5 and VAR 93-5 - DR. ROBERT REED, Applicant Request for approval of a one year time extension for a 1568 square foot dental building at 73-071 Fred Waring Drive. Action: Moved by Commissioner Whitlock, seconded by Commissioner Beaty, adopting the consent calendar by minute motion. Carried 4-0 . 2 .I MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6, 1994 �r VIII. PUBLIC HEARINGS A. Case No. CUP 94-12 - CHARLES MARTIN for SAINT GEORGE ORTHODOX GREEK CHURCH, Applicant Request for approval of a conditional use permit to allow expansion and remodel of the existing Saint George Orthodox Greek Church located in the office professional zone at the southwest corner of Larrea and Lantana, 74-109 Larrea. Mr. Smith reviewed the salient points of the staff report. He noted that just before the meeting the applicant gave him three additional letters from property owners in the area authorizing the use of their property for parking purposes during church services . Staff recommended that the church provide their own parking lot in the neighborhood. Based on the calculations for the size of the sanctuary with 205 seats, the ordinance would require 68 parking spaces . Staff was not including a requirement for the kitchen or dining facility, which was quite substantial because staff felt there would be almost 100% cross over use of that dining ... area. The parking for the sanctuary would be adequate for the rest of the facility. The architecture received preliminary architectural review commission approval . Due to the height of the dome it would have to be approved by the city council . Staff recommended approval subject to conditions that included the following: 1) provision of permanent parking for the facility--the four property owners currently allowing the use of their property during church services all had the right to terminate the use for parking at any time. Staff was looking for property acquisition by the church for their own parking or at least a long term lease; if they chose the long term lease the city would like to review the procedure for termination; 2 ) the dome element would go to city council for approval; and 3) a title report to confirm placement of the building on the lot. Mr. Smith said that with those conditions and the others listed in the draft resolution, staff would recommend approval . Commissioner Jonathan asked if the three additional letters/ parking agreements received tonight were the revocable kind; Mr. Smith confirmed they were the same as those provided with the staff report. Condition #1 would still apply. low MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6, 1994 Chairperson Spiegel asked how staff arrived at 68 required parking spaces . Mr. Smith explained that the ordinance required one parking space for every three seats and the applicant had a provision for 205 seats in their sanctuary. Chairperson Spiegel noted that ARC granted preliminary architectural approval; he asked what preliminary meant. Mr. Smith noted that if the working drawings implemented what the architectural commission had been shown so far, they would approve the working drawings . Commissioner Whitlock asked if any of the letters received were from the nearby residential community; Mr. Smith noted that Mr. Martin had a colored sketch of where the letters came from. Commissioner Whitlock asked if the on-street parking ran into that neighborhood. Mr. Smith replied no. Chairperson Spiegel opened the public testimony and asked the applicant to address the commission. MR. CHARLES MARTIN, Architect residing in Rancho Mirage, gave the commission the diagram showing the location of the letters received. Commissioner Whitlock asked if on-street parking went into the residential area; Mr. Martin replied no. ., Mr. Martin said that Father Tavlarides and George Flessas, the President, were both present and would speak on this matter. He stated that he was excited about this project. The church building committee included architects and engineers and he believed that based on photos seen and how the structures were built and small churches were done, that they had a wonderful project. He described the proposed architecture and noted that they hoped to save as much of the existing structure as possible for the hall and some ancillary uses . In the Greek Orthodox church, they could have one service on Sunday by one priest and this church only had one priest and was a small church. He noted the closest church was in San Bernardino. Parking was available to the church directly across the street where there were approximately 100 uncovered spaces and 20-30 covered spaces (where they did not park) ; next door was 10 spaces; and Wells Fargo had about 24 spaces . He felt the parking was there--it had been there and that was how the church had always operated. There were 108 members and they could now seat comfortably about 80 people. Last Sunday there were 80 people present and 30 4 r MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6 , 1994 ••. automobiles . The proposal was for 205 seats . As the congregation grew and got closer to the 68 automobiles, then they would use more of the parking across the street and adjacent to them. Commissioner Jonathan noted that the dining facility was adjacent to the sanctuary; he asked if it was designed to be used for overflow seating during the service. Mr. Martin replied yes, the ceremony would not be visible, but they could participate via audio visual . It could be used as free seating because it would be an open hall . Commissioner Jonathan asked what that would bring the potential capacity to; Mr. Martin replied 410 persons . Chairperson Spiegel noted that they were a few feet down from the First Church of Christ; he asked if it were possible to use any of their parking. He noted that on Highway 74 the Episcopal and Presbyterian churches had a lot in between that was used by both congregations . He asked if there was any possibility of that sort of thing happening. Mr. Martin stated that Mr. Flessas could address that issue. Mr. Diaz asked what the odds were for the dining room being used as seating for a service; Mr. Martin referred the answer to Father Tavlarides . Chairperson Spiegel asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . MR. GEORGE FLESSAS, a resident of Palm Desert, stated that he would be pleased if they ever had 410 people in the church, but that was a long way down the road. He indicated he was the president of the parish council and they were a very small parish with 108 member units and about one third of those were part timers who lived in other parts of the country and supported them as members and financially. Their group of parishioners came together and felt they could make the sacrifice, do the work, and raise the funds to build a church/remodel their present structure so they had a place that really was a church. As stated earlier, this was originally a home that had been added onto. Mr. Martin referred to the narthex, which was more of an entryway to go into the sanctuary. To get the seating they were talking about they had chairs in the narthex; they also had people seated with the choir, but in order to fill the church they had to have people seated where they could not even see the service or altar. He felt they were .. 5 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6 , 1994 good neighbors and they maintained the structure and %n landscaping very well . He also felt that the parking, while it appeared to be an obstacle, they had arrangements with some of the neighbors including HMS across the street with well over 100 parking spaces . Originally, because they knew they only needed 68 parking spaces, they just asked for part of that parking facility. This afternoon they talked with the property manager and he anticipated no problem in giving approval for the entire parking area, but they had absentee ownership and he had to contact them. He said they were proud of their orthodox faith; they wanted a church structure that was a church that they could worship in and wanted a place of beauty that would enhance the entire neighborhood. The architect said this was a project he had really become excited about and all of them were excited. This was a dream they had envisioned and they had worked hard to raise a great deal of money and they felt that their plan would enhance the beauty of the entire neighborhood and Palm Desert. They wanted to replicate some of the small orthodox churches seen in the greek islands and felt they had a plan to do that. Many of their neighbors were eager for them to start; some of the letters had comments written on them and they said vocally that they wanted to see the church u�r built. While the dome was relatively high, they were not blocking anyone' s view. There was nothing but commercial buildings around them. He asked the commission to strongly look upon their proposal in a favorable way and help them to proceed to make their dream come true. MS . BETTY LOU RAINES, representing the Christian Science Church, stated that they were thrilled and happy for the church that they could go ahead with their dream. She wanted to clarify that as far as their parking lot was concerned, during the height of the season they fill that and the street around them, so there would not be any way of making a concession. FATHER JAMES TAVLARIDES stated that he has been here for three years and they prayed hoping the Lord would bless them with a beautiful edifice. They were a very proud people; they had beautiful homes and their Lord was in a dilapidated place and when it rained it was safer outside than inside. He felt this church would beautify the place for the glory of God and for the sanctification of his people. 6 .rr MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6 , 1994 r.r. Chairperson Spiegel closed the public hearing and asked for commission comments . Commissioner Beaty said he had no problems with Sunday services when businesses were closed, but asked if there were services during the week. Mr. Flessas said there were brief services in the morning during the week, but they usually only had six to eight people attend. He noted that on Sunday when they had 30 cars last week, there was only one car parked across the street in the HMS building complex, which was his own. The rest were on the street or around the corner of the building. They do not currently have a problem. Commissioner Whitlock stated that she still had some concerns about the parking situation because the church did not know when their neighbors could change their minds, so she concurred with staff ' s recommendation that permanent parking was necessary, otherwise she had no problem with the remodeling and felt it would be a beautiful addition to that street. Commissioner Jonathan said he would like to help them make their dream come true, but adequate parking was needed. He %MW noted that at least 68 spaces were needed. Also, with the use of the dining room and 410 seats, the requirement would be for 137 parking spaces . He said he would not be comfortable voting approval until there was a permanent parking solution. Regarding the height of the dome, he would not address that issue at this point. Chairperson Spiegel asked how Commissioner Jonathan felt about the conditions proposed by staff in the staff report. Commissioner Jonathan said if staff was not looking for a recommendation to council with regard to the height of the dome, that was fine. With regard to the acquisition of 68 parking spaces, he was not entirely comfortable with that but in the spirit of cooperation and moving along, he would be okay with those conditions with an additional requirement that seating be limited to 205 . He said he would like to add that condition. Chairperson Spiegel also felt there was a parking problem. He noted that if a shopping center or restaurant was being proposed, they would have to provide parking. Rather than hold the applicants up, he suggested approving the church with four specific conditions : 1) the city council had to approve the architectural plans; 2 ) that a long term agreement be reached for 68 parking spaces; 3) applicant provide to the city a title report that confirms that there 7 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6 , 1994 are no legal encumbrances which would prohibit the alteration of the driveway; and 4 ) seating be limited to 205 individuals . That was his recommendation. Commissioner Jonathan stated that he would make that a motion. Mr. Diaz indicated that if they had access to potentially over 100 parking spaces, he asked if there was a need to limit the seating in the church portion if they had access to more. Commissioner Jonathan said the other alternative was to say that seating was limited according to the formula; three seats for every parking space beyond 68 . Mr. Diaz said that the only people impacted with the parking withdrawn were the folks who would grant permission for parking and then withdraw it. He asked if they could say to go ahead with the 205 limitation and if they could show staff that they could provide up to those spaces to meet the formula, then they could have that many, but if they lost the spaces , then they would have to go back to the 205 . That gave them more to work with. Chairperson Spiegel noted that the project had to go to city council . If the commission delayed it here, it would just delay their project. He asked if Commissioner Jonathan agreed with the amendment proposed by Mr. Diaz . Commissioner Jonathan said for permanent acquisition of .r parking, not revocable parking that could be withdrawn. He said he wanted a permanent agreement through either contract or acquisition; they were putting up a permanent building and he would hate to have that hanging on a revocable agreement. He said that his motion stood, but corrected it to a ratio of three seats per parking space; wherever that seating was--if they wanted to overflow into the dining area, as long as they had three seats per parking space that was fine. The sanctuary portion could only hold 205 individuals . Chairperson Spiegel noted that if they limited the number of seats to 205, that would not be a problem for a number of years . He suggested staying with the 205 person maximum ( i .e. 68 spaces) and if a problem arose, then they could modify it at that point. He did not feel it would come back to them for a long time. Commissioner Whitlock asked for clarification that they were limiting the seating to 205; Commission concurred. Commissioner Whitlock seconded the motion for approval . Action: Moved by Commissioner Jonathan, seconded by Whitlock, approving the findings as presented by staff . Carried 4-0 . 8 MW MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6 , 1994 ... Moved by Commissioner Jonathan, seconded by Commissioner Whitlock, adopting Planning Commission Resolution No. 1659, approving CUP 94-12 subject to conditions as amended. Carried 4-0 . Commissioner Beaty noted that this was a conditional use permit and they could come back in the future for a revision. Father Tavlarides stated that he came from Phoenix where he was pastor for 26 years and that church increased from 260 members to 600 members . He knew here the Jewish people were looking to find a bigger place; if they were blessed they would not stay there, but for ten years they would use the same facility and there would be no problems . (Commissioner Jonathan left the meeting at this time. ) B. Case No. CUP 91-13 Amendment #1 - COLLEGE OF THE DESERT ALUMNI ASSOCIATION, Applicant Request for approval of an amendment to a conditional use permit to allow operation of the College of the Desert Street Fair between the hours of 7 : 00 a.m. and 2 : 00 p.m. on Saturdays . Present Saturday hours of operation are limited to 7 : 00 a.m. to 12 : 00 p.m. Mr. Diaz explained that the request was to increase the hours of operation for the Street Fair on Saturdays from 12 : 00 p.m. to 2 : 00 p.m. , which meant two additional hours . In looking at the conditions of the conditional use permit that were imposed when the street fair was first approved, the situation around the region was different. Today there were open air markets, principally the one approved by Palm Springs, and during the hearings on that particular plan, he recalled one member of the Palm Springs Council saying that now people could go there instead of to the College of the Desert. That was why the additional two hours were being requested; to give the street fair an opportunity to be competitive with that swap meet and others being proposed. He felt it had been beneficial to the community; revenues for licensing was $114, 151 . In terms of funds to the College of the Desert, last year there was a picture in the local paper with the College receiving $413,242 . For non-profit organizations, they have been given free space at the street fair; the community cooperation shown by the organization 9 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6, 1994 included the City of Hope, the YMCA, the Red Cross, the .� Desert Empire B' nai B'rith, the American Cancer Society, Foundation for the Retarded, and Friends of the Desert Mountains, who had all been given free space at the street fair and was one of the things that made this street fair a unique operation. It was identified with the community and the college, as opposed to other outdoor sales operations currently being approved in the valley. In terms of sales tax, and this was a question that did arise in earlier discussions and during meetings on this application, the city did receive a letter from the Board of Equalization and in that letter they indicated that in terms of this particular street fair and their operation, they were operating within the codes and laws and that the board had periodic checks that they went through not only for this operation, but for any business and they were more than happy to check out any suspected violations that might arise. Regarding revenue received, the city did not feel they were losing any money on the sales tax. It was being collected. He said another item required of the street fair during discussions was that it would advertise and be part of the Palm Desert Business Community. In their last brochure, they said the street fair was a great way to start the day and to shop Palm Desert. He noted that they started at 7 : 00 a.m. before most stores were open; all that was being requested was that they be allowed .r to operate on Saturdays until 2 : 00 p.m. , two additional hours . The criteria established for vendors at the street fair were that first priority went to merchants or residents of Palm Desert; secondly, that the products would not be extensive in product duplication; thirdly, for merchants or residents in the valley; fourth, merchants or residents inside Riverside County; and fifth, merchants or residents outside Riverside County. He said the applicant could address the two additional hours . He stated that of the $114 ,000 the Chamber of Commerce and others had established a committee to utilize that money to be spent on citywide merchandising, not only the Town Center, E1 Paseo and around Highway 111, but the entire city. In terms of traffic control, the conditions were still in place. If there were a problem, the city could always go back to look at the conditional use permit to resolve it. To date, there had not been any traffic or police problems . Staff recommended approval of the request for the COD Alumni Association to allow the two additional hours on Saturdays . Commissioner Whitlock asked Mr. Diaz for clarification as to why the hours were restricted to 12 : 00 p.m. originally; Mr. Diaz felt the reason for that was the feeling that beyond 10 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6, 1994 �... 12 : 00 p.m. it would unduly impact current merchants in the area; that people would not shop at local stores . The situation now was that if they don't come here at all, they won't shop in local stores at all . On Sundays businesses were not open. Chairperson Spiegel asked if the city council placed that restriction; Mr. Diaz replied yes . Commissioner Whitlock asked if everyone was happy with the additional two hours; Mr. Diaz replied that anyone not happy could appeal the decision. If the commission denied the request, then those people in favor of the two hours could appeal that decision. Chairperson Spiegel opened the public testimony and asked the applicant to address the commission. MS . JUNE STEPHENS, Executive Director of the College of the Desert Alumni Association, stated that it was a matter of survival, not only for the street fair to keep it in operation, but also for the college. The street fair had become a vital part of the community for a recreational event, but mainly for the college. It was vital that they remain competitive. Many other street fairs and swap meets were coming into existence; both indoor and outdoor. The one in Palm Springs would be '�► Friday, Saturday, and Sunday. They had given up the two hours to try and be good neighbors with the rest of the community, which she felt they had gone over and above the demands placed by the city council three years ago. In trying to be good neighbors, she was part of the retail promotion committee and she had spent numerous hours with the chamber of commerce and other merchants in the Palm Desert area to try and promote the entire Palm Desert area and to build a good relationship to promote Palm Desert as a place that has it all : the street fair, the Town Center, all the way out to Washington and back again. If they did not have the hours, she felt they would lose their vendors and in turn they would lose their customers . She felt that would be a sad thing. The majority of the community supported the street fair and she urged the commission to give them the two hour extension. Commissioner Whitlock asked if there was a written agreement as to the current hours of operation; Ms . Stephens replied there was under the conditions of the original conditional use permit granted three years ago. Mr. Diaz clarified that it was not a contract-type agreement; it was a condition imposed on the conditional use permit. One party could not "OW 11 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6, 1994 simply violate it, which was why this was before the ari commission. Chairperson Spiegel asked if Indio negatively impacted the street fair when they opened their street fair. Ms . Stephens replied no, but felt that Palm Springs would be a different "arena" . Chairperson Spiegel asked if she had heard from her vendors on whether they would stay in Palm Desert or would go to Palm Springs . Ms . Stephens said they had many loyal vendors who were hoping they would have those hours; if they do not this season, they would probably go to Palm Springs . Chairperson Spiegel questioned where all the vendors would come from; if they would be new to the area. Ms . Stephens guessed that many would be from the outside area because they did receive many applications from the Banning and Beaumont area and Palm Springs probably would also. Chairperson Spiegel asked if many people were turned down during the season; Ms . Stephens said that in past seasons they had, but every year it had gradually unraveled to where they now have hardly any waiting list at all and the waiting list they had this year was because they have given up some of their spaces in lot 16 due to the construction of the multi-agency library. Chairperson Spiegel asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . MS. SONJA CAMPBELL, from Palm Desert, said she was opposed to the request. Any change to the conditional use permit in her opinion should require an environmental impact report. She also stated that the planning commission was wrong when it passed Resolution 1532 on August 20, 1991 . On May 21, 1991 the planning commission referred the matter of the resolution to the economic development agency committee for their advice. Two members of the planning commission attended EDAC held July 10, 1991 . However, at the public hearing held at the planning commission on August 20, 1991 no consideration was given to the recommendations of the EDAC and one commissioner made the statement, "Give them anything they want" , meaning the vendors . She felt this illustrated the lack of any serious thought being given to the determination that the zoning ordinance amendment would better serve the public ' s health, safety and general welfare. It was also her opinion that the city council was incorrect when on January 23, 1992 it certified a negative environmental impact and the reasons were: the legal standard determining appropriateness of negative declarations was ignored; the initial study failed to address or analyze the 12 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6, 1994 r.�. social and economic changes created by the COD street fair; insufficient consideration was given to a fair argument that the COD street fair might create many of the impacts defined by the CEQA guidelines as being normally significant impacts . There was violation of equal protection under the law and the need for additional hours was being misrepresented. During city council consideration Mr. Diaz made the statement that she paraphrased as, "Mr. Mayor, just to clarify one thing. If we do not limit it at noon, then staff would have to relook at the environmental issue. We urge the council to stay at noon. " Then Mayor Snyder to other city councilmembers said that if, "We go different than what he (Mr. Diaz) establishes the negative declaration on, we could well be in court with an EIR, then you would really regret what happens" . In closing, she stated that if the CUP were amended, Mr. Snyder' s warning would surely prove to be correct. Commissioner Whitlock asked if Ms . Campbell was speaking on behalf of herself or the El Paseo Merchants Association. Ms . Campbell replied herself, mostly. +� Commissioner Whitlock asked if the E1 Paseo Merchants had an opinion of the extension of hours . Ms . Campbell said they have had some people on the board attend some meetings and some members were not in favor of it. Commissioner Whitlock asked if, as a body, the Merchants addressed this as a group. Ms . Campbell said they had not. Commissioner Whitlock asked if the Chamber of Commerce had addressed this . Ms . Campbell said the Chamber of Commerce was not taking a stand at all on it. Chairperson Spiegel asked if Ms . Campbell had spoken to anyone at the Town Center; Ms . Campbell replied no. Many of the people in the Town Center, whoever took over for Doug Simmons, did not attend any of the meetings . Chairperson Spiegel asked if the street fair had adversely effected her personal business on E1 Paseo; Ms . Campbell felt that "business was bad for everyone right now and they really did not ask the city not to allow any new licenses for any other business because it would be in controversy to their own, so she felt why should anyone else, the College of the Desert, go to city council and ask for additional hours" . r.. 13 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6, 1994 Chairperson Spiegel asked if the new center on Highway 111 would adversely effect E1 Paseo. Ms . Campbell replied not especially E1 Paseo, but all businesses . She felt that from 7 : 00 a.m. to 12 : 00 p.m. , the businesses do not open that early and with them closing at 12 : 00 p.m. , then people from there could go to lunch and disperse throughout the city and have an opportunity to shop in the other stores, whereas if they stayed until 2 : 00 p.m. , people would be tired and ready to go home. She felt they could have additional hours on Sundays, but they should have the opportunity to have the public in the other areas of the city shopping. DR. DAVID GEORGE, President of the College of the Desert, said that the college prided itself on being a partner in the community. From the very beginning he felt the street fair was a positive partner in the overall retail environment of the central valley. He still believed that was the case and they did not shy away from any economic impact review but in terms of the social and economic reality they believed the street fair had proven itself to be a tremendous social advantage to many individuals within the central valley and beyond. Economically speaking they brought in 10, 000 patrons and many of them, according to surveys done with the merchants groups, indicated they do stay here to buy gasoline and food and go into other shops . He believed the street fair had become a vital part of the social and economic fabric of this community and he wanted to remind the commission that part of the business of Palm Desert was education. The educational establishment of College of the Desert has become extremely reliant on these funds . With the state situation, these funds had been essential to the college and he felt they would be an integral part for the next several years, perhaps for the next decade. He asked the commission to look at the reality and look at the competition coming into the valley. He asked them to understand what would happen to the central part of the valley if there wasn't a competitive retail environment. Chairperson Spiegel closed the public testimony and asked for commission comments . Mr. Diaz stated that the issue of CEQA was raised and he would like to address that. In 1992 they indicated that the Negative Declaration of Environmental Impact should be adopted. At that time he indicated they could have been challenged--they could be challenged now. The addition being 14 .� MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6, 1994 r... requested was a categorical exemption to the requirements of CEQA; it was a minor addition. Since 1992 the city has had the experience to see exactly what the environmental impact of the college street fair operation has been. That negative declaration with the conditions would continue to mitigate any potential significant adverse impacts on the environment. Also, if at any time during the last two years if anyone felt the operation had a negative impact on them, it could have been challenged as approved at that time. Staff stated for the record that this was categorically exempt. Commissioner Beaty said he had no problem with the extended hours . If the environmental issue was real, it would have been challenged already. He did not feel that two additional hours would make a difference. If the street fair ceased to operate, those patrons and vendors would go to Palm Springs . That would be detrimental to the college and the community. Commissioner Whitlock stated that was the purpose of an amendment and requesting an amendment to a CUP was to allow the commission the opportunity to weigh and hear why a two hour extension was needed. No one was arguing with Dr. George as to the positive impact the street fair has had on the community. She was concerned about the other entities �... that were brought together to create the noon cutoff three years ago, but in view of the comments made this evening and the potential impact of the additional street fairs in Palm Springs and other communities caused concern. She would not like to see the college to lose their existing vendors and as a result of those arguments, she would be willing to approve the amendment. Chairperson Spiegel stated that from what he has read in the Desert Sun, they were putting together a major development in Palm Springs and it could be great competition for the street fair. He has had retail experience and he felt that if those people that were currently going to the College of the Desert decided that they preferred to go to Palm Springs, they would not only lose them for the few hours, but the whole day. They would not go to Palm Springs and then drive back and shop E1 Paseo or other areas, they would go to Palm Springs and then home. He also felt that most people that got there at 7 : 00 a.m. would not stay until 2 : 00 p.m. If they did stay, they would still be in the area. Also, the college needed to try and maintain the vendors they had and Palm Springs would have a certain amount of success because of its size. He felt the street fair had been good for the college and those in the city supported the college in education in "Ev 15 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6 , 1994 the valley and specifically in Palm Desert and he could not be opposed to the additional hours . 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. 1660, approving CUP 91-13 Amendment #1 . Carried 4-0 . C. Case No. PP 94-4 - GEORGE BUONO, Applicant Request for approval of a Negative Declaration of Environmental Impact and a precise plan of design for a 13,239 square foot two story medical office building on a 36,312 square foot lot at the southwest corner of Fred Waring Drive and San Anselmo Avenue. Mr. Smith outlined the salient points of the staff report. Staff was suggesting some modification to the layout so that the applicant would provide a driveway connection to San Anselmo. At this time it was shown as an undesirable dead end situation. He said there was a catch basin problem at that end of the lot and they were working with public works; it might be a single lane exit only, but there would be a connection to San Anselmo. Mr. Smith stated that the proposal received preliminary approval from the architectural review. Staff recommended approval subject to the conditions . Chairperson Spiegel opened the public testimony and asked the applicant to address the commission. The applicant was not present. Chairperson Spiegel asked if anyone wished to address the commission in FAVOR or OPPOSITION to the proposal . There was no one. It was the consensus of the commission that this item be continued for two weeks . Action: Moved by Commissioner Whitlock, seconded by Commissioner Beaty, continuing PP 94-4 to September 20, 1994 by minute motion. Carried 3-0. 16 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6, 1994 ... D. Ahmanson Commercial Development Agreement - MADISON REALTY PARTNERSHIP/SUNRISE COMPANY, Applicants Request for approval of a Negative Declaration of Environmental Impact and an amendment to an approved Development Agreement Ordinance No. 590 increasing the maximum floor area of a proposed retail commercial center from 167,000 square feet to 200,000 square feet on Site Area No. 5, a 10 . 3 acre parcel on the south side of E1 Paseo between San Pablo Avenue and Larkspur Lane. Mr. Diaz noted that a continuance was being requested. Chairperson Spiegel opened the public testimony and asked if anyone wished to speak in FAVOR or OPPOSITION. There was no one. Action: Moved by Commissioner Whitlock, seconded by Commissioner Beaty, continuing the Ahmanson Commercial Development Agreement to October 4 , 1994 by minute motion. Carried 3-0 . E. Case Nos . CUP 94-11 and VAR 94-1 - DRS . FRANK AND JANET KERRIGAN, Applicants Request for approval of a conditional use permit, a height variance and a development agreement to allow construction of a 5745 square foot one story office building and a 2567 square foot two story office/retail building in the R-3 zone at 42-575 Washington Street. Mr. Diaz noted that a continuance was being requested. Chairperson Spiegel opened the public testimony and asked if anyone wished to speak in FAVOR or OPPOSITION. There was no one. Action: Moved by Commissioner Whitlock, seconded by Commissioner Beaty, continuing CUP 94-11 and VAR 94-1 to September 20 to allow the case to be re-advertised as C/Z 94-2 and PP 94-5 by minute motion. Carried 3-0 . 17 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6, 1994 F. Case No. 4341 SA - B-Y-J PARTNERS for BURGER KING, ri Applicant Request for approval of an exception to Section 25 . 68 . 310(A) of the zoning ordinance to allow an additional freestanding sign at 73-547 Highway 111 (Jensen' s shopping center) . Mr. Diaz noted that a continuance was being requested. Chairperson Spiegel opened the public testimony and asked if anyone wished to speak in FAVOR or OPPOSITION. There was no one. Action: Moved by Commissioner Whitlock, seconded by Commissioner Beaty, continuing 4341 SA to September 20, 1994 by minute motion. Carried 3-0 . IX. MISCELLANEOUS A. Determination of Use to allow dog boarding in association with an existing dog grooming shop at 73-260 E1 Paseo, Suite No. 2-E - Ritzi Rover Pet Grooming. Mr. Diaz said that the operation was a pet grooming store and they were considering the adjacent suite on E1 Paseo to provide dog boarding in association with their dog grooming shop. In other communities there were determinations made that dog boarding was an ancillary use and would be permitted with a grooming establishment in commercial zones if it was ancillary or incidental . The usual limitation was one or two dogs . The concern was adjacent businesses with dogs barking when they were being boarded. Kennels would be permitted in commercial zones with a conditional use permit. The feeling in those cities was that if a building was properly designed and noise considerations were done as part of the operation, then it could be permitted. There were other cities that did not allow dog boarding at all in the commercial C-1 zone. He said that dog boarding was allowed as part of kennel operations in the service industrial zone. The issue was : 1) should the city allow it as an ancillary use to permit it with a conditional use permit; or 2) not allow it in the C-1 zone. He felt there might be instances in the C-1 zone where it could be done. He said there could be some opposition from other E1 Paseo businesses and if commission wanted, k 18 .r/ MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6 , 1994 40W staff could ask them to study it further and go to the E1 Paseo Merchants Association for their input. Commissioner Whitlock felt the applicant should find out about the commercial neighbors around them. She said she used Ritzi Rover for her pets and they were a clean, professional operation as a grooming company. The concerns she had were the boarding aspect; they were closed from 5 : 00 p.m. to 7 : 30 a.m. for sleep time--where did they plan to exercise and walk the dogs? Would it be along E1 Paseo or along the back part of the complex? She did not know if the people around there had been notified. She asked if the owners and neighbors were aware of the proposal for up to 20 dogs or if the owners had a plan for taking care of that. Chairperson Spiegel asked if notices were mailed out; Mr. Diaz replied no, that this was a determination of use. Chairperson Spiegel felt the neighbors should be notified. Commissioner Whitlock said they were a professional company, but was concerned with boarding. Chairperson Spiegel asked if the applicant was present. No one responded. Chairperson Spiegel asked if anyone wished to address the commission in FAVOR or OPPOSITION. �+ MS. SONJA CAMPBELL, President of the E1 Paseo Board Association, felt this matter should be continued to allow the E1 Paseo Business Association Board of Directors to see how they would evaluate this use, particularly those business owners around the proposed use. Commissioner Whitlock noted that there was a restaurant in the area; Ms . Campbell said they were directly behind the Dakota Bar and Grill . She felt there was enough problems already with people walking their dogs on El Paseo and the dogs were going on the side walk and no one cleaned it up, especially in the parking lots in the back. Chairperson Spiegel felt this should be looked into. Mr. Diaz recommended a continuance. Commissioner Whitlock reiterated that they were a very reputable business . Action: Moved by Commissioner Beaty, seconded by Commissioner Whitlock, continuing this issue to October 4, 1994 by minute motion. Carried 3-0 . ... 19 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6 , 1994 X. ORAL COMMUNICATIONS - B wri None. XI . ECONOMIC DEVELOPMENT ADVISORY COMMITTEE UPDATE Mr. Diaz summarized pertinent July 21 and August 18, 1994 economic development committee actions . XII. COMMENTS Mr. Diaz noted that there was another item before the city council on August 25 and that was a proposal for a restaurant on the lagoon. The staff report to the city council indicated that staff could solve the planning issues as far as delivery, traffic, noise, odors, etc. , but there was one issue that could not be resolved and that was the issue of if this was a use that should be in the park in the first place. Council instructed staff to go back to the different commissions and asked them that question. Is this a use that should be in the civic center park? He noted it would be going to the parks and recreations commission in terms of land use. Chairperson Spiegel noted that he had recently wi visited Balboa Park and they had a great restaurant there and they also conducted weddings in the park. The restaurant was moderately priced and they were busy all the time. He felt a restaurant could be a nice addition to the city park if it made economic sense. Mr. Diaz clarified that the issue was if all that could be worked out, should a restaurant use be located in the park. He noted that the parks and recreation commission would review it purely from the issue of whether it would conflict with the recreation aspect of the park. Commissioner Whitlock asked for and received confirmation that city funds were being requested. Chairperson Spiegel noted that in Mr. Farzaneh' s existing restaurant during the season, patrons wore coats and ties . Not too many people visiting the parking would were coats and ties . He asked what kind of restaurant it would be. It was indicated that it would be similar to the existing restaurant. Mr. Diaz noted that three concerns raised during council discussion were: 1) the concept itself was incompatible; 2 ) that the city should not put in public funds to compete against private enterprises which were having problems; and 3) there were enough projects that the city was involved in right now. He said this matter had never been brought to planning commission. Chairperson Spiegel agreed with the comments by r 20 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6, 1994 �,.. the commission, but noted there had been successful restaurants in other parks . Mr. Diaz indicated that if the concept were approved, the design would come back before the commission. XIII . ADJOURNMENT Moved by Commissioner Beaty, seconded by Commissioner Whitlock, adjourning the meeting to September 20, 1994 by minute motion. Carried 3-0 . The meeting was adjourned at 8 :50 p.m. RAM ON A. DIAZ,• 9bc k5pry ATTEST: c ROBERT A. SPIEG , airperson Palm Desert Planninq Commission VOW /tm 21