Loading...
HomeMy WebLinkAbout2010-12-21 PC Regular Meeting Minutes MINUTES PALM DESERT PLANNING COMMISSION d TUESDAY - DECEMBER 21, 2010 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Chair Limont called the meeting to order at 5:59 p.m. II. ROLL CALL Members Present: Connor Limont, Chair Mari Schmidt, Vice Chair Sonia Campbell Nancy De Luna Van Tanner Members Absent: None Staff Present: Jill Tremblay, Assistant City Attorney Tony Bagato, Principal Planner Missy Grisa, Assistant Planner Tony Becker, Administrative Secretary Steve Brooker, Fire Marshal III. PLEDGE OF ALLEGIANCE Commissioner Limont led the pledge of allegiance. IV. SUMMARY OF COUNCIL ACTION Mr. Bagato stated that the only item that was discussed was the Neon Sign ordinance. The City Council decided to form a sub-committee to gather more public input so that the Council may make a decision at a future date regarding more permanent standards that would be implemented regarding neon signs and advertisement. When modifications are prepared, this will be brought back to the Planning Commission. V. ORAL COMMUNICATIONS MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 21 2010 VI. APPROVAL OF MINUTES ..r Request for approval of the November 16, 2010, meeting minutes. Action: Commissioner Schmidt moved and Commissioner Campbell seconded the approval of the November 16, 2010 meeting minutes. Motion carried unanimously 5-0. Vil. CONSENT CALENDAR NONE Vill. PUBLIC HEARINGS Chair Limont stated that 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 10-302, California Department of Motor Vehicles (DMV), Applicant. Approval of a precise plan of design for a new Department of Motor Vehicles (DMV) facility, located at 36-400 Technology Drive, north of Gerald Ford Drive. The proposed building totals 11,280 square feet on a vacant 2.22 acre site. Principal Planner Tony Bagato requested that this matter be continued to a date undetermined since staff is waiting for the potential changes to the site plan to come forward. These changes will reflect drainage issues. Staff was unable to gather those changes in time for this meeting and they are awaiting the final documentation on those site plan changes. Chair Limont asked if this date was in the near future or not. Mr. Bagato indicated that the date was uncertain, but that staff would re-notice the hearing to the public within the appropriate amount of time. Action: r 2 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 21 2010 Commissioner Campbell moved and Commissioner De Luna seconded sum the motion to continue case PP 10-302 to a date uncertain. The motion carried for approval 5-0. B. Case No. Duncan Bridge Center, Applicant. Approval of an amendment to a conditional use permit to operate and expand a bridge card-playing facility located at 74-836 Technology Drive, Suites 103-105, APN: 694-190-066. Assistant Planner, Missy Grisa orally presented her staff report and Power Point presentation to the Planning Commission, showing them the parking, the site plan and the aerial photos of the business. Staff recommended approval of the permit extending the hours and additional parking and building space for added players. Ms. Grisa mentioned that there were several emails added to the packets indicating public opinion either in favor of or opposition to the bridge club. She also wanted to point out that none of these emails was from any of the nearby businesses. There were a few complaints to the Code Department regarding parking and overflow parking occurring in the wrong areas, but that was rectified immediately as the business has shown an active willingness to cooperate. Staff is confident that the bridge facility can operate under these new guidelines without issue. The business has already obtained new letters of approval and permission from the adjacent businesses (Cook St. Liquor, Starbucks and Hampton Inn). With that, staff entertained Commission questions. Chair Limont asked about the parking next to the Hampton Inn and if it were adjacent with direct access to the Bridge Center or would one have to cross the street to access this parking. Ms. Grisa stated that there is indeed direct access. Chair Limont asked if there were any questions of staff by other Commissioners. Commissioner De Luna asked about the hours of operation of the adjacent businesses: Starbucks and Cook Liquor, and if so, what were they? Ms. Grisa stated that Starbucks is open weekly from 5 a.m. to 9 p.m. and Cook Liquor is open every day from 8 a.m. until 11 p.m. There is an adjacent gas station on the corner of Gerald Ford and Cook that is open 24 hours and Rock's Firehouse and Lucky's, which are restaurant/ bars who are open until 1 a.m. Commissioner Schmidt wanted to clarify the time (hours of operation) that the staff report indicates. She notes that it says that they are asking for additional time to play beyond 10 p.m. and clean up until Now MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 21 2010 10:30 p.m. Or is it that play stops at 9:30 p.m. and they clean up at 10? Ms. Grisa stated that play stops at 10. They originally asked for 9 p.m. but learned that bridge games may go over and they still need time t clean up. That is why they preferred the 10 p.m. closing time, so they would still have time to clean up and not rush anyone out the door. Chair Limont asked for clarification stating that the doors would close at 10? Ms. Grisa stated that was correct, they just didn't want to rush people out of the last game. Chair Limont asked about recourse for parking violations should they occur and what that would be? Ms. Grisa stated that if parking were continually violated, then staff could revoke the permit; however, the applicant has been attentive to this issue and has alerted the patrons about where they may park. Chair Limont declared the public hearing open. James Alperin of 2700 Golf Club Dr., Palm Springs, CA, one of the directors of the Duncan Bridge Center spoke about the times of the night games. He indicated that the game starts about 6:30 p.m. and plays until 10 p.m. Sometimes it runs over that time but never past 10:30. He asked the Commission's indulgence to allow for games to cease at 10:30 to give the players that extra time finish their game. .Mrs Commissioner Campbell stated that 10:30 would be fine since, as she understands it, they need to clean up. Mr. Alperin stated that they just hired a cleaning service that usually comes early in the morning or late at night after the doors close. Commissioner De Luna asked if there is a reason that the game must start at 6:30. Mr. Alperin stated that most of the players, who play in the afternoon, finish the afternoon game around 4:30 p.m. and leave to get something to eat. Plus any other players that work or can't make the afternoon game can, in fact make the 6:30 p.m. game since it is right after work and dinner. Ms. Beverly Hartin of 29 Toscana Way, Rancho Mirage, CA, stated there are only two evening games and this allows those who work to make these evening games. She believed that requesting this extra hour was more for the cleaning crews' benefit to give them time to clean up after the game. Chair Limont asked for clarification as to when the cleaning crew actually comes. Ms. Hartin stated that they usually clean in the 4 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 21, 2010 morning before the doors open. But if, for some reason the crew couldn't be there in the morning to clean (possibly due to family or other emergencies) then the evening time would still be available to them to clean from that day's activities. She stated that the players are usually out of the facility by 10 p.m. Hearing no other testimony, Chair Limont declared the public hearing closed and asked for Commission Comments. Commissioner Schmidt commented that she understands that the intent of this permit is that the card games stop at 10 p.m. and allow for cleaning thereafter. Chair Limont followed up by asking staff if a f closing time needed to be stated in the conditions of approval. Mr. Bagato stated that the City does not regulate closing times. The City may restrict the use, and indicate, for example that the card games stop at a certain time, but the City does not restrict closing times as a general policy. Commissioner Tanner moved to approve and Commissioner Campbell seconded. Commissioner De Luna offered more discussion. Commissioner De Luna had concerns with closing time. She commended the club on doing their due diligence and cooperating with the City and their neighbors. With that said however, she was worried about the precedence set forth by allowing this business to stay open late and that other businesses might want to do the same. She would prefer to see this club close their game at 9 p.m. and clean by 9:30 p.m. which, she feels would be more appropriate. Hearing no other comments, Chair Limont asked one final question of staff about the occupancy rate and if staff or the Fire Marshal had any issues at all regarding this (for emergency evacuation purposes). Ms. Grisa stated that in order for the facility to be in FULL compliance, they would have to fulfill Building and Safety Conditions for adequate access to public restrooms, but both staff and the Fire Marshal had no issues with occupancy. Chair Limont wanted to know if the current CUP was still enforced: including both for the lower occupancy and parking, until such a time as the Bridge Club was able to fulfill their requirements. Ms. Grisa stated that was true. Commissioner De Luna asked about procedure, and wanted to know if she needed to vote against the whole CUP and conditions if she 5 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 21, 2010 had an issue with only ONE of the conditions. Mr. Bagato stated and Chair Limont reaffirmed that that was true, that Commissioner De Luna must vote in favor of or in opposition to it in its entirety. Action: Commissioner Tanner moved and Commissioner Campbell seconded approving the findings and recommendation as presented by staff. Motion carried 4-1 for approval. (Commissioner De Luna voting NO) Commissioner Tanner moved and Commissioner Campbell seconded adopting Planning Commission Resolution No. 2539, recommending approval of CUP 10-274 with Conditions. Motion carried 4-1 (Commissioner De Luna voting NO). IX. MISCELLANEOUS NONE X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner Campbell stated that there was no meeting. B. LANDSCAPE BEAUTIFICATION COMMITTEE Commissioner Limont stated that there was no meeting. C. PARKS & RECREATION Commissioner Tanner commented that the pool concrete has been poured. They expect the pool to be opened by June, 2011. There has been talk about upgrading the skate park later as well. D. PROJECT AREA 4 COMMITTEE Commissioner Schmidt stated that there was no meeting. Commissioner De Luna asked if the golf course is being maintained. Commissioner Schmidt stated that the Golf Course was still in default. Mr. Bagato stated that the bank and the abatement crew are going out there to maintain the property and keeping it clean. Due to the recent rains, the crews have had to stop. The City isn't paying for any abatement work done. They are we 6 MINUTES PALM DESERT PLANNING COMMISSION DECEMBER 21. 2010 being reimbursed for their work from the bank. Commissioner De Luna was under the impression that it had been over seeded and being used for play. Staff reported that that was not the case, but that the golf course was being maintained to acceptable levels, but not at such levels that it would be over seeded or played on. Mr. Bagato stated that conditions and restrictions were placed on the property and any new developer or owner would have to go through the process to get those restrictions removed. Commissioner De Luna was simply looking for clarification on various versions of information that she had heard about this issue. XI. COMMENTS Ms. Grisa stated that she would have some items for the agenda, potentially for January 4th and January 18th. The Planning Commission would be seeing some items for both agendas. i XII. ADJOURNMENT Commissioner De Luna moved and Commissioner Schmidt seconded the adjournment of the meeting by minute motion. The motion carried 5-0. The meeting was adjourned at 6:33 p.m. TONY AGATO, Secretary TTEST: M. CONNOR LIMONT, Chair Palm Desert Planning Commission /tb 7