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HomeMy WebLinkAbout0606 MINUTES PALM DESERT PLANNING COMMISSION REGULAR MEETING TUESDAY - JUNE 6, 1995 7 :00 P.M. - CIVIC CENTER COUNCIL CHAMBER 73-510 FRED WARING DRIVE I . CALL TO ORDER Chairperson Jonathan called the meeting to order at 7 : 00 p.m. II . PLEDGE OF ALLEGIANCE Commissioner Campbell led in the pledge of allegiance. III . ROLL CALL Members Present: Sabby Jonathan, Chairperson Sonia Campbell George Fernandez Carol Whitlock Members Absent: Paul Beaty Staff Present: Ray Diaz Mark Greenwood Marshall Rudolph Tonya Monroe IV. APPROVAL OF MINUTES: Consideration of the May 16, 1995 meeting minutes . Action: Moved by Commissioner Campbell, seconded by Commissioner Whitlock, approving the May 16, 1995 minutes as submitted. Carried 4-0 . V. SUMMARY OF COUNCIL ACTION: Mr. Diaz summarized pertinent May 25, 1995 city council actions . VI. CONSENT CALENDAR None. VII . PUBLIC HEARINGS Chairperson Jonathan suggested conducting the hearings for items A and B simultaneously since the requests were by the same applicant for beer and wine licenses at two locations . Commission concurred. MINUTES PALM DESERT PLANNING COMMISSION JUNE 6, 1995 A. Continued Case No. CUP 95-5 - MANUEL AND FLORA ABARCA, Applicants Request for approval of a conditional use permit to allow the issuance of a beer and wine license for Las Parrillas Taco Shop located at 72-785 Highway 111, #B. B. Case No. CUP 95-4 - MANUEL AND FLORA ABARCA, Applicants Request for approval of a conditional use permit to allow the issuance of a beer and wine license for Las Parrillas Taco Shop located at 40-205 Washington Street in Palm Desert. Mr. Diaz stated that no objections had been received regarding these applications . He explained that the reason these applications were before the commission were because the restaurants operated as non-alcoholic beverage facilities and as a result, by city ordinance they had to come back for the right to sell beer and wine. Staff recommended approval of both conditional use permits . Chairperson Jonathan opened the public testimony and asked the applicant to address the commission. MR. MANUEL ABARCA, 50-735 Calle Quinto in La Quinta, stated that he was present to get approval to serve beer and wine. Over the years they received requests from a lot of their clients and they were trying to keep up with the competition. Chairperson Jonathan asked if there would be trained staff onsite to insure that if a customer engaged excessively in the beer and wine, that they would be asked to stop or would be handled in some proper manner. Mr. Abarca stated that with all locations, they would be attending with the managers of each store, a seminar offered by Alcoholic Beverage Control . It would be a three hour seminar where they would learn how to work with the public. Chairperson Jonathan asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . There was no one and the public testimony was closed. 2 MINUTES PALM DESERT PLANNING COMMISSION JUNE 6 , 1995 tow Action: Moved by Commissioner Whitlock, seconded by Commissioner Campbell, approving the findings as presented by staff. Carried 4-0 . Moved by Commissioner Whitlock, seconded by Commissioner Campbell, adopting Planning Commission Resolution No. 1691, approving CUP 95-5 subject to conditions . Carried 4-0 . Action: Moved by Commissioner Whitlock, seconded by Commissioner Campbell, approving the findings as presented by staff. Carried 4-0 . Moved by Commissioner Whitlock, seconded by Commissioner Campbell, adopting Planning Commission Resolution No. 1692, approving CUP 95-4 subject to conditions . Carried 4-0 . C. Case No. CUP 95-6 - PALM DESERT REDEVELOPMENT AGENCY, Applicant Request for approval of a conditional use permit for an eighteen ( 18) hole municipal golf course and related facilities in the north half ( 1/2 ) of Section 4 T5S R6E (i .e. the area south of Frank Sinatra between Portola Avenue and Cook Street) . Mr. Diaz explained that this permit was for the development of the first phase of the section 4 area (the section 4 area being the area bounded by Frank Sinatra to the north, Country Club to the south, Cook Street to the east, and Portola to the west) and would involve an 18 hole championship golf course and it would be the public course in the plan for section 4 where ultimately two 18 hole regulation courses would be placed. This was the course to the north. The city previously studied the environmental impacts of this entire plan as part of the EIR that was done as a result of the 20 acre sports park on Portola. He felt the plan took care of the concerns of any adjoining properties . At this point in time all that was being developed was the golf course and they would come back to the commission with the rest of the development once it was worked out. Staff recommended approval of the conditional use permit along with the five pages of conditions placed on the project. Staff felt this �.. 3 MINUTES PALM DESERT PLANNING COMMISSION JUNE 6, 1995 particular facility would "kick off" development of the entire section 4 area, as well as the entire area north of Country Club that was publicly owned at this time. Mr. Diaz noted that Mr. Dave Yrigoyen of the redevelopment agency was present to answer any questions, as well as Mr. Ken Ryan of PBR, and Mr. Lon Rubin. Mr. Diaz noted that on a conditional use permit, the planning commission decision was final unless called up for review by the council . Because it was an RDA project, it might be called up. If not, the planning commission decision was final . Commissioner Whitlock asked what the total yardage of the golf course would be. Mr. Yrigoyen replied 7095 off the black and 5076 for the silver. Commissioner Whitlock noted that in the documentation provided to them, they referred to a tournament golf course and she asked if the city planned to lay cable for television for the national events at the time of construction. Mr. Yrigoyen replied yes, they were working with a company to look at that type of layout. Commissioner Whitlock asked where the restroom facilities would be located. Mr. Yrigoyen replied that there would be restrooms placed on the site. Commissioner Whitlock said they referred to the south course as coming on line; she asked when they anticipated that happening. Mr. Yrigoyen said that the south course was an aspect of a development agreement that would ultimately be entered into with a potential developer for the site. They were currently looking at a company that would deal with that south course site. It was their original intention to bring the entire development concept plan to the commission, but at this time they were not prepared to do that, but they did want to proceed with the development of the north course. There was no time line right now for development of the south course, but they were moving ahead with negotiations . Commissioner Whitlock asked if the plan was to have the south course a bit easier than the plan presented to them now, as this golf course plan was of a national caliber for upscale events and would be considered difficult for the average amateur player. As a city golf course, if they wanted city participation, not everyone would be able to enjoy a difficult layout. Mr. Diaz explained that the northern course was designed both for the professional player and for the amateur in that there was a choice, so it could be played safely and rather quickly, but a professional player playing back from the black tees would be playing on different target lines . The intent was not to have a course that took five hours to play a round of golf. The south course would be one that everyone would play the same way and designed for rapid play. Commissioner Whitlock asked what 4 MINUTES PALM DESERT PLANNING COMMISSION JUNE 6, 1995 'M' staff anticipated the amount for the green fees and cart fees to be; Mr. Diaz replied that staff did not know at this time. Commissioner Whitlock asked if they were interviewing for golf course operators at this time. Mr. Yrigoyen stated that they were putting together the project management team that would have underneath it all the components which would include the management of the operations of the clubhouse and design component for the golf course, but there would have to be an interaction with regards to the actual construction. He said that once they put together the project management firm, the consulting firm, they would go out to do all the consulting and RFPs for the construction manager, the construction contractor, the maintenance manager, and maintenance company. Chairperson Jonathan noted that there was an approved sports park application. The original golf course design had to be modified to accommodate that sports park. He asked if there was a possibility that since the sports park was now at another location that it would be eliminated from this site and the golf course would return to the original design. Mr. Diaz replied no, the proposal would be the design of the golf course being presented. The 20 acres would be utilized for some other type of use that would be compatible with the overall development. Chairperson Jonathan asked about timing, particularly for the completion of the course in relationship to the completion of the Cook Street Interchange. Mr. Diaz stated that the completion of the golf course would take place before the completion of the Cook Street Interchange. The Cook Street interchange would take approximately two and a half to three years to construct and the course would be one year or less. Chairperson Jonathan asked if staff anticipated a traffic problem; Mr. Diaz replied no, that because the golf course in and of itself would not attract that much traffic and the times (i .e. before 8 : 00 a.m. for 8 : 00 a.m, tee times, 9 : 00 a.m. to 2 : 00 p.m. or 3 : 00 p.m. would be the peak hours for this facility, which was not the peak hours for traffic, and 5 :00 p.m. , except during daylight savings time with play after 5 : 00 p.m. ) . Mr. Greenwood said there would be approximately 80 vehicles in the peak hour which would occur on a weekend, usually on a Saturday, at about 11 : 00 a.m. He felt that 80 vehicles would not impact Portola or any other arterials or cause a problem. Chairperson Jonathan asked if there would be any major events before the interchange was completed. Mr. Diaz stated that staff did not anticipate any major events before the interchange. He noted there was some talk r.. 5 MINUTES PALM DESERT PLANNING COMMISSION JUNE 6, 1995 about possible tournaments there, but none scheduled at this time. Commissioner Whitlock noted that a four plus acre golf maintenance facility was rather large and asked if that was due to assuming that this facility would also take care of the south course. Mr. Yrigoyen replied yes . Commissioner Campbell stated that her understanding was that tonight the commission would be approving the golf course, the learning center, club house and maintenance facility. Staff concurred. Chairperson Jonathan opened the public testimony and asked the applicant to address the commission. MR. DAVE YRIGOYEN stated that he was present to answer any further questions . Chairperson Jonathan asked if anyone wished to speak in FAVOR or OPPOSITION to this application. MR. MIKE GRIMM, a Palm Desert resident, stated that he was the president of the Monticedo Homeowners Association, which represents in phase one 52 homesites . Ultimately it would represent 98 homesites that were completely surrounded by this golf course. He stated that they were in favor of the golf course and were looking forward to it and hoped it got started very soon. They did have a couple of concerns . One was that there was a wall/fence that divided them from the city- owned property. That temporary fence was now on city property, but it was originally on phase 3 of their development. When that fence was removed, it was his understanding that a wall would be constructed between the golf course and their development and it would be the type of wall that would have some "see through" to it and some block, which they were in favor of . They wanted their architectural committee to have some type of input on what type of wall went up and they would also like to see when that fence was removed, that the wall be built as one of the first things, rather than leaving it barren so that tumble weeds and sand would blow into their development. He noted that their development was a gate guarded community and so they were secured with gates all around, so they would like to see the gates remain. He asked that they be 6 MINUTES PALM DESERT PLANNING COMMISSION JUNE 6, 1995 consulted on the architectural design and that the wall be built soon after the fence was removed. Mr. Diaz stated that could be placed in the conditions of approval as planning commission conditions . Mr. Grimm said that now that this golf course has moved ahead of the south golf course, once this golf course was started, Hillcrest (the owners of phase 2) were willing to move ahead more quickly and their association and architectural committee would ultimately be responsible for representing them and the architectural standards in phase two and they would like to be consulted on that part also. He said that request was from the owners of phase 2--they would like their input. Chairperson Jonathan said that would be included as part of the same condition. Mr. Grimm said that it was his understanding that this would be an upscale municipal course and not a tournament course and it concerned him that if it was a tournament course, where the people would park and if it would cause a problem. He said that they were not aware that it would be the type of course to attract great amounts of people and wanted to find out more about that. Commissioner Whitlock noted that she read from the layout of the golf course provided by the architect that it would be for regional or national golf tournaments with respect to spectators and television crews . Mr. Grimm stated that he met with Mr. Smith on Monday and reviewed the layout and he had not picked that out of it. He asked if there would be a lot of tournaments . Mr. Diaz felt that "public course" was probably a better term than "municipal course" . He noted that the course where the San Diego Open was held in La Jolla was also a publicly owned municipal course. In terms of the tournaments being called for here, they were attempting to design the course to enable it to use tournaments . Some could be like the Frank Sinatra Celebrity Open or Don Drysdale Celebrity Open, or Bob Hope. Before those events take place, the entire issue of parking and where the visitors would park would have to be resolved. As far as the number of tournaments that would occur there every year, at this time staff did not know how many there 7 MINUTES PALM DESERT PLANNING COMMISSION JUNE 6, 1995 r would be, but assured commission that if there were too many rli tournaments (and it wasn't the intent to hold too many) if there were too many and the citizens of Palm Desert couldn' t play on their publicly owned course, then one Thursday night the council chamber would be full . They wanted to have the ability to have tournaments there and they might also have some tournaments slightly below the PGA tour for qualifying for those. Mr. Grimm said that was appealing to him and it would elevate the status of the homes as long as it wasn' t creating traffic problems and people trudging all over the golf course, as well as not being able to play on the course. He noted that their community ranged from $325,000-$450,000 homes and everyone had a golf cart in their garage and needed a place to play. In talking with the neighbors, they would want to play there. He said there had been some discussion among the neighbors as to having some sort of access, not necessarily direct access, to the course where they could get into their golf carts and drive to the course without having to go all the way around to the Portola entrance, but something that would be secure where they wouldn' t fear that kids would come onto the golf course and do damage, but something that would make it convenient for them and MW the people on the Robinson parcel to go onto the golf course. Maybe indirectly from the access road running along their south wall that was proposed for the conference center. Mr. Diaz stated that a condition could be placed that the city shall evaluate doing that. He noted that there could be a problem of people sneaking on at that hole and playing five or six holes and then going back. He said that they could look at it and one strong element of the city's golf cart program was to allow folks to use their golf carts on the street and to use them to get around in their particular neighborhoods a lot easier. Commission could place as a condition that the city would evaluate the feasibility of having direct access from adjoining developments . Mr. Grimm noted that besides them, there was also a lot of residents within Desert Falls that might want to use the facility. Mr. Diaz noted that Desert Falls residents could drive their golf carts from Desert Falls over to there, although they might have to come down Country Club, but the ability was 8 r/ MINUTES PALM DESERT PLANNING COMMISSION JUNE 6, 1995 there. He did not know if that could be short-circuited through some other type of facility, but they could evaluate that. Mr. Grimm said that he would like it to be evaluated and for the association to be informed and included in the process . Chairperson Jonathan felt that evaluating was a good way to go because there might also be potential liability problems and he noted that if approved, the golf course would be operated subject to the conditional use permit and in an extreme situation that permit could be revoked, but in a more practical sense, the conditional use permit provided the citizens a vehicle for coming to the planning commission or city council with any violations, including parking violations, traffic violations, etc. Chairperson Jonathan closed the public testimony and asked the commission for comments . Commissioner Whitlock stated that she would wholeheartedly approve the findings subject to the additional conditions . Action: Moved by Commissioner Whitlock, seconded by Commissioner Fernandez, approving the findings as presented by staff. Chairperson Jonathan stated that he concurred with Commissioner Whitlock and was happy to see the city taking the initiative to get this going. It also might get section 4 going which would benefit the entire community. Carried 4- 0 . Moved by Commissioner Whitlock, seconded by Commissioner Fernandez, adopting Planning Commission Resolution No. 1693, approving CUP 95-6 subject to conditions as amended. Carried 4-0 . VIII. ORAL COMMUNICATIONS None. +n. 9 MINUTES PALM DESERT PLANNING COMMISSION JUNE 6, 1995 IX. MISCELLANEOUS r/ A. ST. MARGARET' S EPISCOPAL CHURCH SCHOOL Request for recommendation to city council to waive utility underground conversion. Mr. Diaz informed commission that there had been two alternations to the staff report as a result of advice from the city attorney' s office, specifically Mr. Rudolph. The commission could not, based on existing litigation, make this waiver. It would be a recommendation to the city council and then council could make the waiver. What was being requested was an ability to continue this matter of undergrounding. As an example of the costs involved, not only for a church but anyone, to underground this line by the St. Margaret' s Episcopal Church the cost would be around $480, 000 . Chairperson Jonathan asked if that was just the line in front of the school; Mr. Diaz indicated that their requirement was to underground the entire length and it would be $480, 000 { 1,000 feet @ $200 per foot) . He felt that was a lot of money for anyone to pay and believed that this particular condition should not be waived, but extended for five years . During that five year period it might be possible that an undergrounding district would be established which would then spread the costs out over a long period of time and then they could take care of the entire line from E1 Paseo to Bighorn. At this point for this particular facility to require that one 2, 000 foot stretch to pay $480, 000 was not reasonable while everything to the north and south of them wasn't done. Staff felt commission should recommend to the council that they be given a time extension of five years . If an undergrounding district was established and the financial situation did not change in terms of the ability of the church to do this, then at that point in time they could request another extension. This would also get the city "off the dime" and force it to either set up an undergrounding district or set up and establish realistic regulations dealing with undergrounding on infill projects and in infill areas . He clarified that St. Margaret ' s was not requesting a waiver, but an extension. Mr. Rudolph stated that what the law was now saying through the courts was that a promise to join an assessment district in the future was not really as enforceable as they previously thought. A right to protest could not be 10 MINUTES PALM DESERT PLANNING COMMISSION JUNE 6, 1995 contracted away for future joining of an assessment district. That used to be the standard quid pro quo for waiving an undergrounding condition that the ordinance provided for. In light of that change in the law other options were discussed. The one mentioned in Pat Conlon' s staff report was another acceptable way. Mr. Diaz indicated that he did not accept Mr. Conlon' s recommendation; what he was recommending was a five year delay in enforcing this condition. He believed in the case of St. Margaret' s Church or anyone else, when you give them a five year extension, chances were they would not protest an undergrounding district when it came up within that five year period because if they did, and then came back five years later and they helped stop the undergrounding district, the natural response would be to have them fill the requirement. He also did not want to place a bond condition on them--the only persons that would make money would be the bond people and attorneys if the city had to sue to execute the bonds . He did not feel there would be a problem and felt this was an example of why they had to "get real" about undergrounding in existing areas . It might be great and he was in favor of it, but there was a cost there and in this particular case, and they weren't talking about high voltage lines, the cost was around $480,000 . If a public agency established an assessment district to do that, that $480,000 cost would drop down. Also, the final cost would be spread among more individuals because one of the things about the undergrounding ordinance that he has objected to for 14 years was that it was totally unfair. An individual who lived across the street received all of the benefit of undergrounding--that individual received the same benefit but because the lines weren't on his side of the street, they didn't have to pay anything. He believed this would give them an opportunity to do it and if an undergrounding district was not established, the line between Fred Waring to Bighorn would never be undergrounded. Commissioner Whitlock asked why it was a condition originally recommended by staff. Mr. Diaz stated that it was one of the standard conditions that everyone received automatically. Chairperson Jonathan asked which condition it was specifically; Mr. Diaz replied that one of the community development conditions stated that the project should meet all the requirements of the zoning ordinance. He also felt it was under the public works conditions . He stated that Community Development Department staff was in favor of undergrounding, but in favor of undergrounding fairly. They needed to take a long, hard look at this issue and this had given them an example of the costs being discussed. 11 MINUTES PALM DESERT PLANNING COMMISSION JUNE 6 , 1995 s Chairperson Jonathan clarified that the staff was requesting a recommendation from the planning commission to the city council, which was different than the recommendation by Pat Conlon. Mr. Diaz concurred. Chairperson Jonathan said the request was simply a five year extension of the fees . Separately, if there happened to be an assessment district formed, the applicant could choose to participate in that as an alternative to just paying the fees on their own. Mr. Diaz clarified that it was not an extension on the fees, but a five year extension of that requirement to do it to be drafted in an agreement satisfactory to the city attorney. In five years if an assessment district has not been established and the financial situation of the church has not changed, then they could come back and either request another extension or it could be required of them at that time. That was why he did not think they would object to establishing an undergrounding district. He said that he has worked with them for a long time and they had always been a good neighbor. Commissioner Whitlock asked if staff did not even recommend the bond issue; Mr. Diaz concurred. The city attorney assured him that he could write an agreement that contractually was binding and in that way, they didn' t have to spend thousands of dollars and a lot of time trying to get bonds from the bond company. If it was a private developer whose development would go away if it was sold, he would recommend a bond, but in this case, he did not feel they were going anywhere. Chairperson Jonathan noted that the recommendation as revised by staff met with the approval of legal counsel . Mr. Rudolph stated that he did not have any legal objection to that as an approach. Whether a bond was appropriate in a given context was a judgement call . Chairperson Jonathan noted that he meant not the bond specifically, but the revision to the recommendation where it was saying a five year extension of the requirement to underground the utilities as opposed to the memo from Pat Conlon. Mr. Rudolph stated that he did not have a problem with that. The original reason this was put on here as a recommendation to the council was because an agreement was talked about and only the council had the power to bond the city to a contract. Mr. Rudolph said that if this was basically an amendment to the CUP and no contract was involved, then it would not have to go to council . Mr. Diaz recommended an amendment to the CUP so it would not be required to go to council . Commissioner Whitlock noted that they were eliminating the term "waiver" and all they were allowing St. Margaret' s Church at this time was a five year 12 MINUTES PALM DESERT PLANNING COMMISSION JUNE 6, 1995 time extension. Mr. Diaz concurred. Commissioner Whitlock said she would move for approval . Chairperson Jonathan asked if Mr. Jones was in favor of the action. Mr. Jones, the applicant, spoke from the audience and said he had no problem. Action: Moved by Commissioner Whitlock, seconded by Commissioner Fernandez, by minute motion, granting a five year time extension on the undergrounding requirement, amending Planning Commission Resolution No. 1648 . Carried 4-0 . B. REQUEST FOR A DETERMINATION OF USE - TRISTAN HARA, Applicant A request for a determination of use to allow the conversion of a warehouse on ' Joni Drive into a fully equipped skating facility. Mr. Diaz noted that the commission had a letter that was submitted to him at his request which outlined the type of operation that these folks wished to create. It would be an low indoor skating rink. In terms of the parks and recreation commission, they have had a lot of requests to create an in- line skating arena and staff would recommend that they determine as long as the hours of operation were in the off hours in terms of the industrial area, there wouldn' t be a parking problem. He requested that planning commission determine that this use was permissible and if the commission wished, they could say that this use was permissible in this area, that they would keep an eye on it, and if it was a problem, after six months or so they could say it could not be done. He did not know what the expenses were for tenant improvements, but that might be an option that would provide a safeguard. Staff believed it would be a consistent use for the area. Making this determination, he did not think there would be a lot of other uses like this showing up in the area. He felt it was a use that was necessary and would be beneficial and would not really impact the industrial area in terms of parking. Commissioner Campbell asked that since the area was zoned industrial if a change of zone was required. Mr. Diaz replied no, that if the commission determined that this particular use was consistent with the existing zoning, then it was not required. Commissioner Campbell asked if they r,. 13 MINUTES PALM DESERT PLANNING COMMISSION JUNE 6, 1995 would need a conditional use permit. Mr. Diaz said no, the UW use would be allowed as a matter of right, but the commission could say that it was allowed as a matter of right for a period of time to allow evaluation of the impacts . He didn't believe this type of use would impact the parking situation. Chairperson Jonathan asked if there was an alternative mechanism that would allow this kind of use under a conditional use permit. Mr. Diaz indicated that the commission could say that this use could be allowed with a conditional use permit. Commission might want to recommend that this use be allowed for a period of six months to allow the situation to be evaluated and then after six months the operator would come in with a conditional use permit application. That way they had the conditional use permit process opened up, but they had the safeguard of having the real experience on that facility for the first six months . Chairperson Jonathan noted that if a problem occurred they still had the ability to revoke the use because of the conditional use permit. Commissioner Whitlock stated that she would hate to put a damper on the applicant ' s willingness to do something like this because the young people needed a facility that allowed this type of use. She suggested that maybe six months was not an appropriate amount of time because of the cost of the improvements to the warehouse. She wanted to know what the estimated cost would be before the commission determined that time frame. Mr. Diaz said it was his understanding that they were occupying the building on a month to month basis . He said the applicant could address that issue. MR. TRISTAN HARA, 74-320 Magnesia Falls in Palm Desert, said that he was basically trying to get all the skaters (skate boarders and in-line skaters) in a place where they did not interfere with anyone and would keep a positive environment in which they could maintain their activities without hindering anyone else' s actions . As far as the price of the warehouse, it would be quite a costly project. The ramps and wood would be quite expensive, but the long term effect of getting the kids in a place to be able to use the facility would be better. He felt it should be in a warehouse type facility because it was too hot outside for people to just go out and skate for eight hours . Commissioner Whitlock asked for an approximate amount that the improvements would cost. Mr. Hara said that they were looking at $35, 000 and $40, 000 . 14 too MINUTES PALM DESERT PLANNING COMMISSION JUNE 6 , 1995 Chairperson Jonathan informed Mr. Hara that his concerns, and the concerns he felt would materialize from the public, was that there was a perception of skateboarders and a potential for problems . That was a perception that he might need to overcome to gain approval for the project. One way to overcome that perception/potential objection was to allow this kind of a project, but make it subject to a conditional use permit. That meant that if the facility was supposed to operate from 8 : 00 a.m. to 10 : 00 p.m. and at midnight there was loud partying going on, or people loitering or drinking, or whatever, and the city approached the owner or operator and did not gain cooperation and a problem persisted, ultimately the conditional use permit could be revoked. For anyone who objected to this kind of use, the commission would tell them that if they didn' t like what was going on and there was a valid objection, they could tell the commission. The down side was that if Mr. Hara invested $35, 000 or $40, 000 and those problems occurred, he could lose his investment if the conditional use permit was revoked. With that kind of background, he asked if Mr. Hara thought operating subject to a conditional use permit was something he could live with. Mr. Hara replied yes, but felt the reason there was that perception of skaters because they were consistently told they were not wanted anywhere. He grew up in Santa Monica skateboarding and they were rushed by security guards, landlords, and homeowners who got angry--they didn't want to be liable if anything happened to the skater/skateboarder. Chairperson Jonathan indicated he understood that, but he could potentially see people coming to the city and saying that this type of facility should not be allowed in the city, but he sympathized and agreed with the need to provide opportunities for the younger segment of the community to engage in various activities, including skating. He wanted to see this happen and wanted to anticipate some of those objections by allowing this kind of project subject to a conditional use permit so that they could tell anyone that might object that the applicant would be held up to a certain standard with the risk of losing the ability to operate that facility if he/she didn't operate to that standard. If someone came before them and said there was partying at midnight and they couldn't sleep, then the commission could tell that person that the situation would have to be straightened out because they were supposed to closed at 10 : 00 p.m. Commissioner Whitlock noted that they would be in 15 MINUTES PALM DESERT PLANNING COMMISSION JUNE 6, 1995 the service industrial zone. Chairperson Jonathan indicated ri that there was some residences not too far from there. Commissioner Whitlock noted that the use would be inside the warehouse and if confined to the warehouse, it shouldn't disturb anyone. Commissioner Whitlock felt that a problem that could occur would be the loitering after the facility closed and they would have to have some assurances that everyone would depart. She said she would welcome in this facility this type of activity for the young people and hoped Mr. Hara would be able to proceed. Upon questioning by Commissioner Fernandez, Mr. Hara clarified that the activities would include the use of roller blades/in-line skates and skateboards . Commissioner Campbell asked if the price would be affordable for the young people. Mr. Hara said yes, noting that kids from 10-20 years old did not have clubs to go to and they didn't drink or have anywhere to go besides school and then home. After that they either met with friends on the public playgrounds or skateboarded. This would allow them to do that in their own environment and be around their own type of people to have fun. Chairperson Jonathan indicated that it sounded like a good thing and asked for a motion. Action: Moved by Commissioner Whitlock, seconded by Commissioner Fernandez, by minute motion determining that a skating facility was an allowable use in the S . I . zone, subject to approval of a conditional use permit. Carried 4-0 . X. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE UPDATE Mr. Diaz summarized May 18, 1995 EDAC actions . XI . COMMENTS Mr. Diaz noted that the joint planning commission/city council meeting was June 7 at the Marriott Desert Springs . 16 MINUTES PALM DESERT PLANNING COMMISSION JUNE 6, 1995 `.. XII . ADJOURNMENT Moved by Commissioner Campbell, seconded by Commissioner Whitlock, adjourning the meeting by minute motion. Carried 4-0 . The meeting was adjourned at 8 : 13 p.m. e • M N A. DIAZ , cr ary ATTEST: PAUL BEATY, Vice Chairp son Palm Desert Planning Commission /tm '`' 17