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MINUTES
PALM DESERT PLANNING COMMISSION
TUESDAY – NOVEMBER 21, 2006
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I. CALL TO ORDER
Chairperson Lopez called the meeting to order at 6:01 p.m.
II. PLEDGE OF ALLEGIANCE
Commissioner Finerty led in the pledge of allegiance.
III. ROLL CALL
Members Present: Jim Lopez, Chair
Cindy Finerty, Vice Chair
Sonia Campbell
Van Tanner
Dave Tschopp
Members Absent: None
Staff Present: Steve Smith, Planning Manager
Bob Hargreaves, City Attorney
Francisco Urbina, Associate Planner
Tony Bagato, Associate Planner
Ryan Stendell, Assistant Planner
Janine Judy, Sr. Office Assistant
IV. APPROVAL OF MINUTES
Request for consideration of the October 17, 2006 meeting minutes.
Action:
It was moved by Commissioner Tschopp, seconded by Commissioner
Tanner, approving the October 17, 2006 meeting minutes. Motion carried
5-0.
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PALM DESERT PLANNING COMMISSION NOVEMBER 21, 2006
V. SUMMARY OF COUNCIL ACTION
Mr. Smith summarized pertinent October 31, and November 16, 2006 City
Council actions.
VI. ORAL COMMUNICATIONS
None.
VII. CONSENT CALENDAR
Mr. Smith noted a correction to the agenda. The address for Item D should
reflect 77-185 California.
A. Case No. PMW 06-21 - CAHUILLA FALLS, LLC and BIGHORN
DEVELOPMENT, LLC, Applicants
Request for approval of a parcel map waiver to add Parcel “D”
to Lot 22 of Tract 25296-7 within Bighorn, also known as 1017
Cahuilla Falls.
B. Case No. PMW 06-07 - SHARON E. LASKIN AND D.R. HORTON,
INC., Applicants
Request for approval of a parcel map waiver to allow a lot line
adjustment between 42-380 Warner Trail and the adjoining
lot(s).
C. Case No. PMW 06-08 -BERTRAM AND BETTY R. POLOW, D.R.
HORTON, INC., AND PDCC DEVELOPMENT, LLC, Applicants
Request for approval of a parcel map waiver to allow a lot line
adjustment between 43635 Elkhorn and the adjoining lot(s).
D. Case No. PMW 06-09 - DUANE YOESEL/THE YOESEL FAMILY
TRUST AND D.R. HORTON, INC., Applicants
Request for approval of a parcel map waiver to allow a lot line
adjustment between 77-185 California and the adjoining lot(s).
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PALM DESERT PLANNING COMMISSION NOVEMBER 21, 2006
E. Case No. PMW 06-10 - RICHARD AND STELLA FRENCH, AND
D.R. HORTON, INC., Applicants
Request for approval of a parcel map waiver to allow a lot line
adjustment between 77-255 California Drive and the adjoining
lot(s).
F. Case No. PMW 06-11 KATHLEEN O'BRIEN AND D.R. HORTON,
INC., Applicants
Request for approval of a parcel map waiver to allow a lot line
adjustment between 42-245 Kansas and the adjoining lot(s).
G. Case No. PMW 06-12 - BEACH AND LESLIE STANTON, AND D.R.
HORTON, INC., Applicants
Request for approval of a parcel map waiver to allow a lot line
adjustment between 43-620 Elkhorn Trail and the adjoining
lot(s).
H. Case No. PMW 06-13 - JAMES AND DEE DEE BLAIR, TRUSTEES,
AND D.R. HORTON, INC., Applicants
Request for approval of a parcel map waiver to allow a lot line
adjustment between 76-733 Kentucky Avenue and the
adjoining lot(s).
I. Case No. PMW 06-14 - ARNOLD KIRSCHENBAUM and D.R.
HORTON, INC., Applicant
Request for approval of a parcel map waiver to allow a lot line
adjustment between 43-510 Tennessee Avenue and the
adjoining lot(s).
J. Case No. PP 04-25 - PEGGY AMES, Applicant
Request for approval of a second one-year time extension for
a precise plan of design allowing the construction of a 19,985
square foot office/warehouse building located at 77-621
Spyder Circle.
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Action:
It was moved by Commissioner Tschopp, seconded by Commissioner
Tanner, approving the Consent Calendar as amended by minute motion.
Motion carried 5-0.
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. PP 06-11 - STUDIO E ARCHITECTS, Applicant
Request for approval of a precise plan of design for a 2,770
square foot World Savings Bank at 73-051 Highway 111, APN
627-192-043.
Mr. Smith reviewed the staff report and recommended approval, subject to
the conditions contained in the draft resolution.
Commissioner Campbell stated that since there would be only one access to
the parking off Hwy 111, would that have it's own right turn lane on the
corner. Mr. Smith indicated that it would be a right in and a right out.
Commissioner Tschopp asked how far down from the intersection would the
turn in be. Mr. Smith indicated that it would be about 90 feet and would be
located where the easterly Shell Station exit was. Commissioner Tschopp
asked if the traffic engineer felt that this was safe. Mr. Smith indicated that it
was a lesser of three evils.
There were no other questions and Chairperson Lopez opened the public
hearing and asked the applicant to address the Commission.
Mr. Smith indicated to Mr. Sheehan who arrived late, they did go through
the staff report and explained the difference of opinion with Staff versus
the Architecture Review Commission, (ARC).
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Mr. John Sheehan, Studio E Architects, 2411 Second Avenue, San
Diego thanked the Chairperson for continuing the item since he was
stuck in traffic and thanked the Commission for their patience.
Mr. Sheehan stated that he had been before the ARC on three
occasions and each time he was invited back to make some
adjustments to the scheme. On the last visit, as the report states he
did receive ARC’s approval. In the eyes of our client, there have
been a series of fairly significant adjustments made to the building;
particularly with colors, materials and overall building heights. In our
minds, we have been trying to work with the ARC to a successful
resolution of their issues. He stated that seeing the report for the first
time this morning he was not aware that Staff had issues with the
design scheme. Their landscape architect has been working with the
City’s landscape specialist to come to a successful completion of the
landscape scheme.
Mr. Sheehan indicated the item in the packet was the latest iteration
of what they were led to believe was something that met with the
City’s approval and stated he would be happy to answer any
questions.
Commissioner Tschopp asked if the architecture design proposed is
something that World Savings uses as a theme for their buildings.
Mr. Sheehan stated that World Savings has since the mid 70s
adopted a program for their banks that are markedly similar. When
you step inside their branch, everything is very prescribed. What
they have done as part of their business model is to make each and
every branch different on the outside. They have a long-standing
history of hiring architects to design their branches all across the
country, which they deem as doing interesting work. This is not a
franchise design. Each one of their banks is intended to be site
specific.
Commissioner Tanner stated that if this structure was supposed to be site
specific then why was it so out in left field with the City of Palm Desert. He
asked if the architects visited the City and did they really think that this would
be something that the residents would like to see going up 74 and east on
111.
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Mr. Sheehan stated that he was the architect responsible, and has
been here several times for business and vacation. They came and
met with Mr. Smith before they put pencil to paper because they knew
it was a sensitive site and walked through what the City’s
expectations might be; was it in a particular style district, was it’s
proximity to El Paseo important in any way as it relates to the
building’s appearance and style, did it have to fit into some kind of
character. We knew it was a landmark site and it is obviously a very
significant and important corner and obviously that is why the bank
chose it for their site. We would like to flatter ourselves thinking they
chose us because they were looking for something interesting and
different. We make no apologies about it. It is decidedly
contemporary and it is perhaps more influenced by mid-century
modern proto-types that one might see in Palm Springs and less so
by the more Spanish inspired, colonial inspired architecture that you
find on El Paseo. But again, we met with the City and asked all those
questions because we were prepared to design within the confines of
the City’s requirements and we were told there wasn’t anything
specific to respond to.
Commissioner Lopez asked if the large brown area that has the World
Savings name on it was vertical or an angle and what was the height.
Mr. Sheehan responded that it was vertical and the height was about
11 feet below what would be permitted there and has been lowered
once. The reasons for the height are largely three-fold. One the bank
wanted to have prominence and realized that it was only necessary to
have a one story building there, but they wanted as tall a one story
that seemed legitimate. Second of all, their banking floors are of a
scale and size that deemed a certain ceiling height so that drove the
height up; and then added to the ceiling height, was the necessity and
the desire for mechanical equipment screening. Those things all
added together resulted in the height of the building.
Commissioner Campbell stated that she liked modern designs, but even
before she read the Staff Report she reviewed the picture and didn’t like it.
She stated that it didn’t have any lines and looked like a big box that was top
heavy. She stated that she liked windows, glass and mirrors but didn’t think
that piece of architecture was right for that corner.
There were no other questions for the applicant. Commissioner Lopez
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stated that the recommendation from Staff was to continue this item until
December 19, 2006.
Chairperson Lopez asked if anyone wished to speak in FAVOR or
OPPOSITION to the proposed project.
Chairperson Lopez indicated the public hearing was closed. Chairperson
Lopez asked for Commission comments or action.
Commissioner Finerty asked Mr. Hargreaves, City Attorney, if this was
something that she chose to abstain from was it proper to offer her
comments. Mr. Hargreaves stated that since she would soon be elevated to
the Council and this item would be forwarded to the Council, she should
abstain and not offer any comments.
Commissioner Tschopp stated that it meets the code and the requirements
of that area, however the architecture is good for mid-century modern
contemporary but we are dealing with a very prominent corner and this
building stands out. It’s not really a part of Palm Desert and stands alone as
designed. He stated that he didn’t like the architecture and the perforated
aluminum shading fins. Based on the architecture he would not be in favor
of this building as presented. He stated that it doesn’t fit into the City on this
corner and felt that this wouldn’t do the City justice.
Commissioner Tanner concurred and stated that this doesn’t belong on the
entryway to Palm Desert and going up Highway 74. If you look in the
neighborhoods it should blend and shouldn’t stick out like a sore thumb. The
ARC reviewed this design and it met their requirements, but not from a
planning standpoint. He stated that he truly did not like the architecture at
all and asked Mr. Sheehan to change it.
Commissioner Campbell stated that she already made her comments earlier
and stated that Staff was reviewing the landscape to breakup the lines on
the building, but did not feel that it would be enough to hide the building.
Commissioner Lopez stated that he liked the idea of this unique building as it
pertains to the concept of what World Bank does with their architectural
themes, but he wasn’t excited about where it was located. For instance, the
World Bank over on Washington, a very unique looking building, fits into
what is in that particular area and that is what makes it unique as well very
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visible. Here it is a little over the edge on a corner that is the main
thoroughfare for our city. I would tend to agree that the architecture would
not be in the right location.
Action:
It was moved by Commissioner Campbell, seconded by Commissioner
Tanner to continue this item to December 19, 2006. Motion carried 4-0-1-0,
with Commissioner Finerty abstaining.
B. Case No. PP 06-12 - ADAMS / BERARDO, Applicant
Request for approval of a precise plan of design to allow the
construction of a three-unit apartment complex located at 74-
455 Driftwood Drive.
Mr. Stendell reviewed the staff report and recommended approval, subject to
the conditions contained in the draft resolution.
Commissioner Campbell stated that there were three garages. Two of the
garages have two cars and the other garage has only one car. Mr. Stendell
clarified that there was a one-car garage for Unit B and the applicant was
only required to have three covered spaces, but would be providing five (5);
with the one lone space being outside, which is allotted for Unit B. He is in
essence getting two spaces, however he doesn't get the last covered one.
There were no other questions and Chairperson Lopez opened the public
hearing and asked the applicant to address the Commission.
MR. RUDOLFO LIZARDO, 748 Village Way #8 in Palm Desert, the owner
representative, stated that he was present to answer any questions.
Chairperson Lopez asked if anyone wished to speak in FAVOR or
OPPOSITION to the proposed application.
MR. PERRY HYDE, 74-464 Candlewood, adjacent property owner,
stated that he wasn’t opposed to the complex. However, he did have
concerns about privacy. He stated that there is currently an existing
wall, which is five (5) feet in height and that his, home has three
sliders and basically open to the back. He felt that he would be living
in a fish bowl and asked that the wall be raised. Mr. Stendell stated
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that the applicant’s plan calls for a six (6) foot wall and suggested six
(6) feet on one side and five (5) feet on the other. Code does not
require a six (6) foot wall. If the applicant does not want to increase
the wall, then staff wouldn't be recommending that.
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Chairperson Lopez indicated the public hearing was closed. Chairperson
Lopez asked for Commission comments or action.
Commissioner Campbell felt that the apartment complex would be an asset
to the area and liked the architecture. The floor plan was very nice for such a
small area and stated that she approved of the project.
Commissioner Tschopp concurred with Staff’s recommendation. He felt the
design was consistent and meets all the development standards and would
improve the neighborhood. He suggested that the applicant meet with the
adjacent property owner to see if the two of them could work something out
regarding the height of the wall.
Commissioner Tanner stated that he would also like to see the applicant
work with the existing neighbor to either increase the height of the wall or
introduce some landscaping that could create a barrier without increasing
the size of the wall and fulfill the neighbor's concerns. He concurred that this
was a great addition and indicated he was in favor.
Commissioner Lopez concurred that it was a very nice project and suggested
that the applicant and the surrounding neighbors work together in a joint
effort to mitigate the situation.
Action:
It was moved by Commissioner Campbell, seconded by Commissioner
Tschopp, approving the findings as presented by staff.
Commissioner Finerty asked if the motion included working with the
homeowner. She wanted clarification because she heard three
commissioners say they would like to see the applicant work with the
adjacent property owner, but when Commissioner Campbell made the motion
she did include that.
Commissioner Campbell asked Mr. Smith if we could add that condition. Mr.
Smith indicated that he would like it to be more specific.
Commissioner Finerty stated that since they haven’t measured the wall,
depending on where the grading is from one side of the yard, it could
actually be a lower wall. She asked if they knew that it wasn't actually five (5)
feet now. Mr. Smith indicated that it was five (5) feet. Commissioner
Finerty
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asked if the wall was increased to six (6) feet, would there be an issue with
the structural integrity of the existing wall to add another block or two. Mr.
Smith stated that was correct.
Commissioner Tanner asked if this was a block wall or wood on
Candlewood. Mr. Smith indicated that it was block.
Commissioner Campbell indicated that her motion stands as is, if it meets
code at five (5) feet tall.
Commissioner Tschopp stated that if it meets code then it would be hard for
us to require that they make it taller. His attempt was to encourage the
applicant to meet with the neighbor and perhaps the two of them could come
to some resolution on jointly raising the wall and if not, possibly coming to
some agreement via shrubbery growth or trees.
Commissioner Finerty stated that at a minimum, they could require that a
number of trees be planted.
Commissioner Lopez indicated that the motion should state that the wall
remain at its present height with sufficient shrubbery to be planted to add
height to the wall and meet the goal of privacy on both sides.
Commissioner Campbell asked if they should go ahead and requires that the
developer put shrubbery on his side, not the neighbor’s side.
Commissioner Finerty stated that a condition would then be added.
Commissioner Campbell indicated her desire to add shrubbery to the motion.
Mr. Smith indicated that he motion should read that the applicant shall add
shrub material along the south (rear) property wall to increase the effective
height to six (6) feet high.
Chairperson Lopez noted that there was a motion on the floor and a second
and called for the vote.
Action:
It was moved by Commissioner Campbell, seconded by Commissioner
Tschopp, approving the findings as presented by staff, with the condition that
the applicant shall add shrub material along the south (rear) property wall to
increase the effective height to six (6) feet high. Motion carried 5-0.
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It was moved by Commissioner Campbell, seconded by Commissioner
Tschopp, adopting Planning Commission Resolution No. 2425, approving
Case No. PP 06-12, subject to conditions. Motion carried 5-0.
C. Case No. PP/CUP 06-09 (Previously PP/CUP 04-10) - TIM
DiTOMASO, Applicant
Request for approval of a precise plan of design and a
conditional use permit to allow the construction of three
buildings, two with drive-thru restaurants, totaling 11,400
square feet located at 75-096 Gerald Ford Drive (APN 653-
690-017 and 653-690-018).
Mr. Bagato reviewed the staff report and recommended approval, and
requested deletion of Condition No. 11 regarding the bus shelter based on
conversation with applicant and Ms. Frankie Riddle.
There were no questions and Chairperson Lopez opened the public hearing
and asked the applicant to address the Commission.
MR. FRANK URRITIA, Urritia Architects, 65 Luring Drive, Palm
Springs, felt that Staff did a great job presenting their project with
highlights of the site plan and the design. He stated that he would
answer any questions.
Mr. Urritia stated he had a question about Condition 13 and asked for
clarification. The condition stated that they would have to provide a
six (6) foot sidewalk on Gerald Ford Drive. For the record he wanted
it to be known that one already exists there and wanted to make sure
that he wasn’t being asked to remove that one and put in a new one.
Mr. Smith indicated that they would not have to provide one.
Commissioner Finerty asked if they had any idea what restaurants would be
going in.
Mr. Urritia stated that Building A was anticipated to be a Subway and
the other building would be a Goody Cafe.
Commissioner Campbell asked if the Goody's Cafe was a drive-thru.
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Mr. Urritia indicated that was correct and stated that it was like a
diner.
Commissioner Tschopp asked if the Goody's drive-thru was something new
in the development process.
Mr. Urritia stated that was correct and indicated that there are
currently two Goody’s drive-thru restaurants in the desert.
Chairperson Lopez asked if anyone wished to speak in FAVOR or
OPPOSITION to the proposed application.
There was no one and the public hearing was closed. Chairperson Lopez
asked for Commission comments or action.
Commissioner Finerty was pleased to see a great job done on the
architecture, as well as complying with the freeway overlay zone, providing
all of the open space and complimented them on a job well done. She
moved for approval.
Commissioner Campbell concurred that the architecture was outstanding
and seconded the motion.
Commissioner Tschopp concurred with Staff's recommendation and the
motion.
Commissioner Tanner concurred.
Action:
It was moved by Commissioner Finerty, seconded by Commissioner
Campbell, approving the findings as presented by staff. Motion carried 5-0.
It was moved by Commissioner Finerty, seconded by Commissioner
Campbell, adopting Planning Commission Resolution No. 2426, approving
Case No. PP/CUP 06-09. Motion carried 5-0.
IX. MISCELLANEOUS
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A. Case Nos. TT 33935 and TT 34391 Amendment - TOLL
BROTHERS, INC., Applicant
Presentation of a resolution denying a request for approval to
amend Community Development Condition No. 7 of Planning
Commission Resolution Nos. 2356 and 2379 to increase the
maximum height for homes from 18 feet to 21 feet 8 inches for
two tentative tract maps with a combined total of 64 single-
family lots located on the east and west sides of Shepherd
Lane 2,100 feet north of Frank Sinatra Drive.
Chairperson Lopez asked for Commission comments or action.
Mr. Smith stated that the resolution was prepared pursuant to the
Commission’s direction at the last meeting.
Action:
It was moved by Commissioner Tschopp, seconded by Commissioner
Tanner, approving of resolution as presented by staff. Motion carried 5-0.
It was moved by Commissioner Tschopp, seconded by Commissioner
Tanner, adopting Planning Commission Resolution No. 2427, denying Case
No. TT 33935 and TT 34391 Amendment. Motion carried 5-0.
B. Request for Direction for a Hillside Ordinance Amendment
Mr. Smith stated that Council has in a defacto fashion initiated this ordinance
amendment at its meeting last week. The direction was that we present a
draft of that ordinance when the home in Bighorn returns to the meeting of
December 14, 2006. Council would not be able to act on it, but they would
give us some direction. In a rather convoluted fashion we would then bring it
back to the Planning Commission in January and your recommendation
would go back to the Council for action.
Mr. Smith indicated that the issues with the Council were relative to
increasing the notice to neighbors on visually sensitive lots and looking at
having an architectural review process of homes on currently created lots,
which are not visually sensitive.
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Commissioner Tanner asked if it had anything to do with the lot size and
house size on that hillside area. Mr. Smith stated that their intention is that
where we have existing pads we would be looking at homes consistent with
other residential standards, which are typically at 35% coverage; and
occasionally through the Architectural Review process they can get higher
than 35%. If that ordinance progresses, those homes would go through a
similar process.
Commissioner Tanner stated that one of the issues that we had during this
process was that Commissioner Finerty had concerns about making
conditionals on excess of 4,000 square feet on a lot. It doesn’t make sense
that we have a hillside ordinance if you have a 35,000 square foot lot, we
have to make an exception to the ordinance if there is a 5,000 square foot
home. He asked if that would be part of the hillside resolution. Mr. Smith
indicated that it is Staff’s intention to present that as part of the solution; to
recognize lots that have been previously created and then allow homes
consistent with residential standards, relative to coverage on those lots. If
they come in with a home that is at 55%, then that would be through the
exception process. However if they come in with a 35% or 37% coverage
home on a 32,000 square foot lot, and it’s not on a visually sensitive lot, it
would go through the Architectural Review process.
Commissioner Tanner asked if they needed anything from the Planning
Commission. Mr. Smith stated that this was informational and that as part of
the action last week at the Council meeting they effectively initiated that
zone change. He stated that the next meeting would be held December 14,
2006.
C. Discussion of Reversal of Staff Recommendations and
Procedures for Preparation of New Resolution
Mr. Smith stated that Staff Recommendations regarding the Hagadone home
differed from the conditions. In discussions with the City Attorney’s office, it
was felt that these situations could be avoided on cases where it directs us
to prepare a resolution and then leave those hearings open. Since it’s not
over until an actual vote is taken, by leaving it open the Chair can decide to
hear testimony at the next meeting if warranted.
Commissioner Campbell asked if that was because the Commission had
never done that previously. Mr. Smith stated that typically we close the
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public hearing and bring it back as a miscellaneous item, but frankly nothing
prevents a Commissioner from changing their mind for the two-week period.
Commissioner Lopez asked if there was a requirement to notice the public
that this particular item on the agenda would be a public hearing verses a
miscellaneous item. Mr. Smith stated that was correct and the action at the
first meeting would be to continue it to a date certain to allow Staff to prepare
a resolution and it would appear as a public hearing.
Commissioner Tschopp stated he had asked that this item be placed on the
agenda and had the Chairman’s permission to do so. He felt this was a
good resolution of the problem and that his concern was that all interested
parties or even the applicant wasn’t being notified adequately that the item
wasn’t really closed; that we got procedural approval of a verbal resolution,
but we hadn’t closed it again. I think it is good way to handle this in the
future as long as we let all interested parties know that it will be open until
that particular hearing.
Commissioner Lopez asked if anything had to be done internally on the
procedures that must occur or was this just a change in the item procedures
and process. Mr. Smith indicated that was correct and that it would be up to
the Chairman to enact it and relate that to staff.
Commissioner Tschopp stated that he was comfortable with that. He felt that
they needed to make sure that all addressed parties were aware of that
procedure.
X. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES
Commissioner Campbell reported that the Committee was looking at
giving Council a choice of three pieces to purchase from the exhibit
on El Paseo.
B. LANDSCAPE COMMITTEE
Commissioner Finerty reported that the meeting was informational.
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C. PROJECT AREA 4 COMMITTEE
Commissioner Finerty stated that the October 16, 2006 had been
canceled and the next meeting would be November 20, 2006.
D. PARKS & RECREATION
Commissioner Tanner reported that there was discussion for a new
park and were reviewing plans for a 60,000 to 70,000 square foot
facility for programs with indoor activities. He stated that the
committee was looking to the needs of the residents of the City.
XI. COMMENTS
Commissioner Lopez stated that the meeting on December 5, 2006 would be
dark. The next meeting would be December 19, 2006.
Mr. Smith thanked Commissioner Finerty for her years of service on the
Planning Commission.
Commissioner Campbell congratulated Commissioner Finerty.
Commissioner Lopez stated to Commissioner Finerty that it has been an
honor, offered his congratulations and wished her the best of luck in her new
adventure.
XII. ADJOURNMENT
It was moved by Commissioner Lopez, seconded by Commissioner
Campbell, adjourning the meeting by minute motion. Motion carried 5-0. The
meeting was adjourned at 7:05 p.m.
STEPHEN R. SMITH, Acting Secretary
ATTEST:
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JAMES K. LOPEZ, Chairperson
Palm Desert Planning Commission
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