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Home My WebLink About0118 �1�� MINUTES PALM DESERT PLANNING COMMISSION � �-� � TUESDAY - JANUARY 18, 2005 6:00 P.M. - CIVIC CENTER COUNCIL CHAMBER ' ' 73-510 FRED WARING DRIVE � � � * .� * * � .� � * * � * � � * * � * * * � � -� � � � �. * � * .� * � � � -� * -� * I. CALL TO ORDER Chairperson Jonathan called the meeting to order at 6:00 p.m. II. PLEDGE OF ALLEGIANCE Commissioner Tschopp led in the pledge of allegiance. 111. ROLL CALL Members Present: Sabby Jonathan, Chairperson Dave Tschopp, Vice Chairperson Sonia Campbell Cindy Finerty '�" Jim Lopez Members Absent: None Staff Present: Phil Drell, Director of Community Development Bob Hargreaves, City Attorney Francisco Urbina, Associate Planner Tony Bagato, Assistant Planner Phil Joy, Associate Transportation Planner Tonya Monroe, Administrative Secretary ��/, APPROVAL OF MINUTES Request for consideration of the December 21 and December 29, 2004 meeting minutes. Action: It was moved by Commissioner Campbell, seconded by Commissioner Finerty, approving the December 21 and December 29, 2004 meeting minutes. Motion carried 5-0. � MINUTES PALM DESERT PLANNING COMMISSION JANUARY 18 2005 '� :, � ;� � V. SUMMARY OF COUNCIL ACTION '� � Mr. Drell summarized pertinent January 13, 2005 City Council actions. VI. ORAL COMMUNICATIONS None. VII. CONSENT CALENDAR None. VIII. PUBLIC HEARINGS Anyone who challenges any hearing matter in court may be limited to raising only those issues he, she or someone else raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. A. Case No. TT 32498 - PORTOLA POINTE, Applicant � � � Request for approval of a tentative tract map to subdivide 4.68 acres into 16 single-family lots (8,700 square foot minimum size) located on the east side of Shepherd Lane, 300 feet north of Frank Sinatra Drive. Chairperson Jonathan noted that staff was suggesting a continuance and asked for staff's report. Mr. Urbina recommended that the public hearing be opened and continued. He explained that recent correspondence from the California Department of Fish and Game necessitated preparation of an environmental assessment. So even though the site was less than five acres and next to utilities, they could not categorically exempt it from a Mitigated Negative Declaration under CEQA because of it being within the Coachella Valley Fringe-Toed Lizard habitat. That was the reason for staff's recommendation for a continuance. Chairperson Jonathan o ened the public hearing and asked if anyone wished to speak address the Commission. There was no one and leaving � � 2 � MINUTES PALM DESERT PLANNING COMMISSION JANUARY 18 2005 � the public hearing open, Chairperson Jonathan asked for Commission comments. Action: It was moved by Commissioner Finerty, seconded by Commissioner Campbell, by minute motion, continuing Case No. TT 32498 to February 15, 2005. Motion carried 5-0. CHAIRPERSON JONATHAN ANNOUNCED THAT HE WOULD BE ABSTAINING FROM THE NEXT ITEM, HE TURNED THE MEETING OVER TO VICE CHAIRPERSON TSCHOPP, AND LEFT THE ROOM. B. Case No. CUP 04-20 - APOLLO GROUP/HARLAN LINDHOLM, Applicant Request for approval of a conditional use permit to allow a University of Phoenix satellite campus for undergraduate and post-graduate education at 75-153 Merle Drive. Mr. Bagato outlined the salient points of the staff report, noting that �, Condition No. 3 should be corrected to limit the number of faculty members to one and employees to six. He recommended approval of CUP 04-20, subject to the conditions as corrected. Vice Chairperson Tschopp asked if there would be a limit on the number of students. Mr. Bagato stated that the class size would be restricted to 12 students. There were no other questions and Vice Chairperson Tschopp opened the public hearing and asked the applicant to address the Commission. MR. HARLAN LINDHOLM, 4305 Hidden Oaks Drive in Yorba Linda, California, addressed the Commission on behalf of the Apollo Group. He said he reviewed the staff report. They have been working on the project with the landlord over the last four or five months. He stated that Mr. Bagato had been a great help in helping them go through the process. They were very positive about coming to Palm Desert with a satellite campus. They worked out the parking with the landlord and were hopeful it would be � 3 MINUTES PALM DESERT PLANNING COMMISS,ON JANUARY 18 2005 approved as is. He didn't have any questions about the conditions and said they were fine. Commissioner Lopez asked for confirmation that Mr. Lindholm was fine with the conditions regarding limit to the number of students and times of classes. Mr. Lindholm said yes. Vice Chairperson Tschopp asked if anyone wished to speak in FAVOR or OPPOSITION to the matter. There was no one and the public hearing was closed. He asked for Commission comments. ' Action: It was moved by Commissioner Campbell, seconded by Commissioner Finerty, approving the findings as presented by staff. Motion carried 4-0- 0-1 (Chairperson Jonathan abstained). It was moved by Commissioner Campbell, seconded by Commissioner Finerty adopting Planning Commission Resolution No. 2320, approving Case No. CUP 04-20, subject to conditions as amended. Motion carried 4-0-0-1 (Chairperson Jonathan abstained). CHAIRPERSON JONATHAN REJOINED THE MEETING. IX. MISCELLANEOUS None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner Campbell reported that there wasn't a meeting. B. LANDSCAPE COMMITTEE Commissioner Finerty stated that the meeting was informational. 4 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 18 2005 �, C. PROJECT AREA 4 COMMITTEE Commissioner Finerty reported that there wasn't a meeting. XI. COMMENTS 1 . Commissioner Tschopp brought up the public hearing regarding the septic tanks for the mobile home park that was discussed at the last meeting. It was expressed to and discussed with the City Attorney that it would have been helpful to have a point and counterpoint response to some of the applicant's attorney's citations and interpretations of the law. Not necessarily a legal rebuttal, but simply a comment where they were correct and incorrect. Mr. Hargreaves said that sometimes the attorneys disagree and if they would like that kind of inemorandum, he would do a better job with that in the future. They also discussed the time line and the possibility of a third party independent review on the septic tanks themselves, as well as the possibility of grants and City assistance. Mr. Hargreaves said he would be working on a response for the Council so they wouldn't run into the same � problem. Mr. Drell informed the Commission that the applicant filed an appeal. 2. Commission thanked staff for the chocolate truffles. The Commission also complimented staff on the picture frames. Mr. Drell thought that Pat Scully was responsible for selecting the frames. XII. ADJOURNMENT It was moved by Chairperson Jonathan, seconded by Commissioner Lopez, adjourning the meeting by minute motion. Motion carried 5-0. The meeting was adjourned at 6:24 p.m. ..—�--�� J PHILIP DRELL, Secretary ATTES : SABBY JO A HAN, hairperson Palm Desert PI ning Commission /tm � 5