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HomeMy WebLinkAbout2011-06-07 PC Regular Meeting Minutes saw MINUTES PALM DESERT PLANNING COMMISSION TUESDAY — JUNE 7, 2011 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Chair Campbell called the meeting to order at 6:00 p.m. II. ROLL CALL Members Present: Sonia Campbell, Chair Nancy De Luna, Vice Chair Van Tanner Roger Dash Connor Limont Members Absent: None Staff Present: Jill Tremblay, Assistant City Attorney Dave Erwin, City Attorney Kevin Swartz, Assistant Planner Tony Bagato, Principal Planner Missy Grisa, Assistant Planner Christina Canales, Assistant Engineer Tony Becker, Administrative Secretary 111. PLEDGE OF ALLEGIANCE Commissioner De Luna led the pledge of allegiance. IV. SUMMARY OF COUNCIL ACTION Mr. Bagato informed the Planning Commission that the Von's matter has been continued to July 14, 2011, in order that the traffic study be restudied by the City and the new consultant firm doing the study. He also mentioned that the Housing Element was approved by the City Council. Mr. Bagato stated that there were some smaller issues related to land use that went before the .. MINUTES PALM DESERT PLANNING COMMISSION JUNE 7 2Q City Council: the approval of a banner at the Palm Springs Art Museum-Palm Desert Branch permitting a banner to be up longer than the 30 days that are .■rr` normally permitted, and a monument sign for a hotel that would be allowed to be constructed in the right-of-way along Highway 111. V. ORAL COMMUNICATIONS NONE VI. APPROVAL OF MINUTES Request for approval of the May 3, 2011, meeting minutes. Action: Commissioner De Luna moved and Commissioner Limont seconded the approval of the May 3, 2011 meeting minutes. Motion carried 5-0. There was a question by Commissioner Limont on the status of Gail Christiansen's request about dust flying from Villa Portofino. Commissioner Limont wanted to know if staff had already provided her with the phone number or contact information for the AQMD. Mr. Bagato stated that staff gave Ms. Christiansen that information over the counter on the day in question. VII. CONSENT CALENDAR NONE Vill. PUBLIC HEARINGS Chair Campbell announced 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. CUP 11-161, Piero's Pizza Vino, Applicant(s). Approval of a Conditional Use Permit to operate a new restaurant, Piero's Pizza Vino in a General Commercial Zone located at 73-722 El Paseo, APN: 627-212- 012. Missy Grisa, Assistant Planner, orally presented her staff report and PowerPoint presentation. She began by talking about the location in President's Plaza West. She noted that the parking is shared by the businesses located in that plaza. The applicant would occupy the entire building as a sole occupant. She showed photos of the existing space. The space was formerly an art gallery and with 2 MINUTES PALM DESERT PLANNING COMMISSION JUNE 7 2011 prior approval from the Architectural Review Commission, the inside renovations will allow for a restaurant in this space. The applicant that is proposing this restaurant is the same owner of Piero's Acqua Pazzo and Mama Gina's restaurants. Staff conducted parking counts for the proposed space and found that over 210 vacant spaces on average—this is more than enough parking for lunch and dinner hours. Ms. Grisa touched on the fagade enhancements that would be done to the building as approved by the ARC. The patio would be brought out to the property line and the awnings would overhang the line by two feet. The patio would be created by sliding glass doors that would retract to give a 'patio like feel' without actually having the tables be outside. Staff recommends approval of this CUP and offered to answer any questions. Commissioner Limont began by asking where the deliveries would arrive, in the back parking lot or on El Paseo. Ms. Grisa stated that the applicant would speak on that, but she would say it would be the back, since most of the other businesses get their deliveries from the rear area. Commissioner Limont asked if there were specific hours of operation listed. Ms. Grisa said that no specific hours were mentioned, but that they would operate over lunch and dinner hours, daily. Commissioner De Luna asked about the stackable windows on the rendering. Based on what she observed, she wanted to know if the seating was inside or outside when the windows were retracted. Ms. Grisa stated that the seating would actually be inside, but with the windows opened it would have an 'outside feel'. If the windows were closed, it would be as though you were inside the restaurant. Commissioner Tanner queried about staff's approval of having the patio go right up to the property line. He asked if having the patio go right up to the sidewalk met current city codes regarding sidewalks. Ms. Grisa indicated that the property line is 10 feet from face-of-curb and that met the condition. Commissioner Dash stated that he would reserve his question for the applicant at that time. With no other questions of staff, Chair Campbell declared the Public Hearing open and asked the applicant to step forward. Mr. Piero Pierattoni, 73-705 El Paseo indicated that he is happy to answer any questions. Commissioner Dash asked Mr. Pierattoni if the rear entrance would also be used for a regular entrance for customers. Mr. Pierattoni indicated that both 3 MINUTES PALM DESERT PLANNING COMMISSION JUNE 7 2011 entrances would be used for customers. Commissioner Dash also asked about a bank of utility meters along one of the walls and asked if they were going to be covered. Mr. Pierattoni stated that those meters, although they are uncovered now, they will be covered. Mr. Pierattoni stated that he was excited about opening this new restaurant in Palm Desert at such an exciting property. He liked the idea of the indoor/outdoor feel that the patio and the retractable windows will afford. He thanked the Commission for their consideration and asked for approval. Hearing no other testimony, Chair Campbell closed the public hearing. Commissioner Tanner wanted to say that he has consistently seen the successes of Mr. Pierattoni's other venues and was excited to have another nice restaurant like this on El Paseo and moves for approval. Action: Commissioner Tanner moved and Commissioner De Luna seconded approving CUP 11-161, Piero's Pizza Vino, subject to the attached conditions. Motion carried 5-0. Commissioner Tanner moved and Commissioner De Luna seconded adopting Planning Commission Resolution No. 2550 approving CUP 11-161, subject to the attached conditions. Motion carried 5-0. B. Case No. CUP 11-115, First Tee of Coachella Valley, Applicant. Approval of a Conditional Use Permit to remove an existing chain link fence and add a new, six-foot high chain link fence and landscaping along the west side of Cook Street above the slope for the First Tee of Coachella Valley, located at 74-945 Sheryl Avenue. Kevin Swartz, Assistant Planner, began his oral presentation and PowerPoint by describing the property and its current condition. The property has a driving range and a nine-hole golf course currently in use. The driving range has a six-foot high, chain link fence. Next to it is the recently acquired 3.9 acre 'triangle parcel' that abuts Cook Street and the wash. The proposed chain-link fence would extend nearly 440 feet across the property and bend around to Cook Street (he indicated on the map). Staff determined that the new fence would not have a negative impact on the neighborhood and would enhance the area as the applicant is installing new landscaping in front of the fence. Staff, .wi 4 MINUTES PALM DESERT PLANNING COMMISSION JUNE 7, 2011 therefore, recommends approval. Mr. Swartz offered to answer any .. questions. Commissioner Limont asked Mr. Swartz about the triangle parcel and if it was going to be used to extend the driving range. Ms. Swartz indicated that was so. She also asked who would be responsible for maintaining the new landscape. Mr. Swartz indicated that the applicant would maintain the fence and the landscape. Commissioner De Luna asked about the fence as it was drawn on the rendering. She mentioned that on the drawing it shows the fence with mesh in between the chain, but she hadn't heard that mentioned tonight and was under the impression that the fence would be 'open'. Her other question was about the fence itself and would it be high enough to prevent golf balls from going onto the street. Mr. Swartz answered by saying that the fence would be 'open', without anything in the slats, and he responded about the driving range and that it faced the opposite direction from the street, so errant golf balls wouldn't be much of an issue. Commissioner Tanner asked about the triangle parcel and if the applicant's intent to buy it was to clean it up and use it and level it to the height of the existing driving range. Mr. Swartz stated that it would .. be leveled off to the height of the driving range. Chair Campbell wanted to ask her question and reiterate Commissioner De Luna's question to the applicant about the mesh in the fence. Mr. Swartz indicated that the applicant can speak to it, but he believed that the fence slats would remain opened and not closed as it was depicted in the drawing. Chair Campbell declared the public hearing open and asked the applicant to come forward. Mr. Glenn Miller, 74945 Sheryl Avenue, Palm Desert wanted to add that the triangle parcel has been sodden and upgraded to match the existing property. Because the property was abandoned by the former owner, there had been previous issues with high school kids and vandalism. The First Tee wanted to purchase the property, expand the facilities and erect a fence and landscaping to keep vandals off and keep the area looking nice. The applicant is also looking to erect a "First Tee" sign along the street thus adding to the overall value of the property. 5 MINUTES PALM DESERT PLANNING COMMISWN JUNE 7 2011 Chair Campbell asked the question about the fence and if it would be 'filled' with mesh. Mr. Miller stated that the original intent was to have it an open chain link, and that the landscape would help cover the fence. Plus, having an open fence would make it harder to graffiti. Mr. Miller said that they would add the mesh if required, but that wasn't the original intent. He also stated that five full time staff would maintain the landscaping and the grounds. Commissioner Tanner asked how many kids or individuals use this program. Mr. Miller stated that there are a total of 1032 individuals that use the program in various manners: golf clinics, sports therapy, special needs individuals training or golf-related fund raisers. On any given day, there can be as many as 250-300 kids. Chair Campbell declared the public hearing closed after hearing no further testimony. Action: Commissioner De Luna moved and Commissioner Limont seconded approving CUP 11-115, subject to the attached conditions. Motion carried 5-0. Commissioner De Luna moved and Commissioner Limont seconded adopting Planning Commission Resolution No. 2551 approving CUP 11-115, subject to the U" attached conditions. Motion carried 5-0. C. Case No. CUP 11-167, St. Mary Magdalene Coptic Orthodox Church, Applicant. Approval of a Conditional Use Permit to operate St. Mary Magdalene Coptic Orthodox Church in a Service Industrial Zone, located at 77-670 Enfield Lane, APN: 626-481-004. Ms. Grisa orally presented her staff report and PowerPoint presentation. She talked about the location of the project which is north of Country Club Drive. The applicant would occupy the entire building as sole occupant. Ms. Grisa presented site photos as part of her presentation. Currently, there are 16 parking spaces that are striped. Two spaces will remain open to allow for easement to the rear yard where more parking is available. The site plan shows that this building and a building to the west share a driveway. There is an access gate to the other building that swings out when it's opened. 6 MINUTES PALM DESERT PLANNING COMMISSION JUNE 7. 2011 Ms. Grisa briefly talked about the parking count since there was some opposition to the parking issue; she wanted to clarify what was being counted. The applicant has proposed that 35 families will use the space. Under the conditions, the max load is 120 people. This works out to 20 or so cars parked in the lot and eight or so cars parked on the nearby street. There is ample parking along the street for this. There was some opposition to the church upon receipt of the legal notice. One of the landlords has talked with the City and verified that the Church had made parking arrangements with the tenants but not the building owners and therefore, those subsequent parking agreements were void. There are concerns about the parking issue behind the building because the adjacent neighbor operates a sign fabrication business where heavy equipment is used during business hours. There also have been problems with illegal dumping on the site thus drawing the need for a fence. After the packets were distributed to the Commissioners, staff received a letter from the applicant to the landlords of the buildings in question stating that the Church is looking to be a good neighbor and would install a security fence at their own cost to protect against vandalism. WMW They also offered to close and open the gate only when their property is in use to further protect against loitering and vandals. There has been no response from the landlords about this proposal. Most of the area businesses open at normal business hours and the church would also be opened at this time, but the majority of its use would be on the weekends, after hours. Staff supports the use of a church in this zone and recommends approval especially since a church represents more eyes and ears on a site over the weekend, which could help deter illegal dumping. Ms. Grisa offered to answer any questions. Commissioner Dash asked if Mr. Metzler responded to the applicant about the fence. Ms. Grisa stated that he was in the audience and would let him speak to that. Commissioner De Luna asked for clarification about what the overlying objection(s) is/are. Ms. Grisa stated that it really comes down to the appropriateness of having a church in an industrial zone with heavy manufacturing, but that she would let the applicant and the opposing party speak to that. 7 MINUTES PALM DESERT PLANNING COMMISSION JUNE 7 2011 Chair Campbell queried about the fence and the gate. She wanted to clarify that she understood that the Church would install a second gate/fence at their expense to make sure that the lot was secure and that no one would be trespassing on any other property. Ms. Grisa stated that was so, that was the new offer. Commissioner Limont wanted to ask counsel about the date and if it and the fence were erected, wouldn't the Church still need to have access to their own parking 24/7 just as much as the sign company would need to be protected from trespassing? Dave Erwin, City Attorney, answered that was correct. Chair Campbell declared the public hearing open and asked the applicant to come forward. Emad Michael, architect for the Church and warden of the Church, addressed the Commission. He added that the proposed use meets the goals and objectives of the General Plan. He indicated that the Church wants to actively work with the neighbors and upon hearing that someone had a complaint, we proposed the fence solution. Commissioner Tanner asked about a letter from Paragon Signs dated June 2, 2011. He wanted to know if this issue had been resolved yet. + Mr. Michael stopped by Paragon [Signs] and talked with the Manger, Mr. Swindle of and they walked the property together and came up with the fence offer. Mr. Michael then created a letter detailing this and sent copies to the landlord and the City. Commissioner Limont wanted to know where the meetings would take place in the church. Mr. Michael stated that the meetings would meet in the church sanctuary and the music and bible study would take place in the smaller class rooms. Commissioner Limont followed up by asking if the furniture in the rooms were moveable (folding chairs and tables). Mr. Michael stated that they were. Chair Campbell asked for testimony in favor of or opposition to the project. Mr. Steve Metzler, (41-865 Boardwalk, Palm Desert) property owner of the building next door to the proposed church, spoke in opposition to the project. He began by listing his credentials as being president of various manufacturing boards and has built a few industrial parks in the past. He began with a question about where the main entrance to the building would be, in the back or the front. He mentioned that he hasn't been able to see any information on this 8 MINUTES PALM DESERT PLANNING COMMISSION JUNE 7. 2011 project. Mr. Michael stated that the entrance would be in the front, but there would be two entrances per fire code. Mr. Metzler wanted to state for the record that he has no issue with the church itself. He was one of the representatives that helped the Oasis Church get into their previous location (where Gold's gym is now located). He stated that in the previous projects, there were no shared driveways and built the properties at 2 parking stalls per 1000, per code then. He and his design team purposely built the driveways larger for the sole purpose of manufacturing tenants needing extra turning space and use part of the drive for any temporary parking. He mentioned that behind these buildings there are many easements that involve the gas company and the railroad. When there was a derailment a few years back, he went out there to see if his property was affected and the railroad authority told him he would be arrested if he didn't leave (possibly due to a chemical spill). He stated that as an example of what it means to be in an industrial zone and a church with little kids and parents wouldn't mesh well with this type of situation. Mr. Metzler wanted to also mention the caliber and size of signs and trucks that go in and out of the complex. There are large semis that come a few times per week to deliver 40' signs and beams to various ., customers in the complex. He didn't see large semis as being able to negotiate turns if a fence or other cars were in the way. And many times, these signs and semis and equipment are left overnight. That leads to a potential safety and security risk. Mr. Metzler wanted to address the fence issue. He pointed to the photo display on the projector. He mentioned that there could be a potential issue with the trash container and its location. He wants to be able to load and unload the semis on the property and not out on Enfield Lane, which might happen if the trash has to be moved because of a fence. He also mentioned the gate of the fence itself. He wanted to ask how it would open: would it swing, would it roll, would it be a double gate? The larger a gate is, he said, the more sag it has because of the weight. If it was automatic, then that would also entail having gate equipment and that would take up space (and potentially parking in the rear). So the bottom line, there are either access problems or parking problems [at the church's expense] and he stated that wasn't acceptable. Mr. Metzler indicated that he would be willing to talk with the Church representatives about the fence issue at a future date, but he just feels low MINUTES PALM DESERT PLANNING COMMISSION JUNE 7 2011 that the utility of this building and the industrial park it is located is wrong for a church. He mentioned that the fence is unacceptable at this point because it goes over handicapped space(s) and it's too long and will cut into existing driveways. Commissioner Tanner asked Mr. Metzler if he built both the Paragon building and the Post Mail (?) building. Mr. Metzler stated that he built the four buildings in this vicinity, including the building in question. Commissioner Tanner asked if he owned the building that the Church would lease. Mr. Metzler stated that he did not—he owns the one to the left (pointing on the picture). Commissioner Tanner followed up by asking about the current state of trespass or vandalism with the fence as it exists now. It seemed to him that would be a problem now, and by adding a fence this would enhance the security issue. Mr. Metzler stated that security systems and fences do exist now, but there is a blind spot behind one of the buildings and the desire is to maintain the level of security that currently exists, keeping people from loitering behind there. Commissioner Tanner pointed out that would happen whether a church were there or not. Commissioner Tanner wanted to know about the parking situation is with the building that the Oasis Church is currently located. He thought �++ he saw a bus parked there and a shared driveway. Mr. Metzler stated yes, that is the case, only because there is a recorded parking agreement there, but there are no industrial yards in those buildings like there are here on Enfield. Chair Campbell asked if the Commission had any questions of this speaker. Commissioner Dash wanted clarification on how the building located at 77-700 [Enfield] fit into this. Mr. Metzler stated that he only noticed this when the legal notice was mailed and he found out that a tenant of the multi-tenant building located at 77-700 agreed to parking, but that there wasn't any agreement with any of the building owners. Commissioner De Luna asked for clarification about moving the trash enclosure and wanted more details. Mr. Metzler stated that he was just shooting out ideas and hadn't thought much about it, but was saying that logistically there weren't many options that didn't hurt parking or truck access. Chair Campbell asked Dr. Amir Ibrahim, 41-865 Harrison Dr. Palm Desert to step forward. He spoke in favor of the project. He stated that .r 10 MINUTES PALM DESERT PLANNING COMMISSION JUNE 7. 20- the project would bring much culture and economic development to the City. He gave a brief history on the church and the nature of the members of the church: immigrants themselves who just want to be good neighbors and worship here. He stated that there will be many people coming and going from this site and that is an added plus for security of the location—especially on weekends. He stated that there is plenty of parking for the parishioners and doesn't see that as being a problem. He stated that he has personally talked with various tenants in neighboring buildings and they are in favor of the project and simply have to talk with their attorneys about liability. Dr. Ibrahim also stated that he has personally seen the complex after hours and there was almost no traffic. He stated that having a church in an area would be a great asset for security. It is their desire to be good neighbors and teach their children to live and work with people in peace. Commissioner De Luna asked Dr. Ibrahim about due diligence and when they searched for a location if they were aware of the sign company and its size and operation and if that factored into their decision. He stated that they did learn that and found that since they are a church and have most of their time spent on the weekends when the other businesses are closed, he thought this would work out well so the other businesses could operate (and use the church's driveway) when the Church wasn't there on week days. Commissioner De Luna mentions this because her main concern is for safety: safety of those at the church, but also safety for the sign company and that they may conduct their business without worry of injuring someone at the church. Dr. Ibrahim understood that and assured her that he was happy to report that when that business is conducting their day-to-day activities; there wouldn't be anyone in the church building, save one or two people. And if the sign company needed to use the church lot for turning or whatever, they were more than happy to oblige. Commissioner Tanner asked staff if there have ever been any reports of injuries or an accident as a result of the instances listed here tonight. Mr. Bagato stated that in the ten years that he has been in the Planning department, he wasn't aware of any. Ms. Grisa requested a moment to make some clarifications for the record on what was said in the public hearing tonight. She stated that the comment about parking agreements were represented as business owners, not property owners. The property owners were aware of this issue by the legal notices. She also wanted to state that the rear yard in question for potential parking does not have much, if any striping and there are no handicapped spaces in the rear. There is one fto 11 MINUTES PALM DESERT PLANNING COMMISSION JUNE 7 2011 handicapped space is off of Enfield Road, but not in the rear yard as contended. She stated that Burrtec would have to approve the move of the trash enclosure. Commissioner Dash suggested that the two parties come together after this meeting and work through their differences rather than the Commission voting on it tonight. Chair Campbell suggested that Commissioner Dash make that recommendation in the form of a motion at the appropriate time, but there is still one more person wanting to speak on the matter in the Public Hearing. Commissioner Limont wanted to know if there had been any correspondence from 77-700. Ms. Grisa stated that an email was in the packet stating that they were opposed to parking on their private lot. Chair Campbell asked for any other speakers to come forward in favor of or opposition to the project. Mr. Hadden Libby, PO Box 2660, Palm Desert, wanted to say that he knows Dr. Ibrahim's wife and some of the other congregation of the church and said that they have the highest caliber of integrity and will be a great asset to any location. Mr. Emad Michael stepped back up to say that they are willing to work via with Mr. Metzler on the gate issue however he sees fit. He reiterated that the Church is more than willing to share their lot and be a good neighbor in any way they can. Chair Campbell declared the public hearing closed and asked for Commissioner comment. Commissioner Tanner began by stating that as long as he's been in business in that area, he understands that things change over time and parking needs change and although this church might not be ideal for some, it is a good idea and seeing that some of the other neighbors are agreeable to this, he would welcome them and move for approval. Commissioner Limont stated that she would love to see the Church locate here but also realizes that this area is not set up for this type of use. It is more of an industrial area. She realizes that the Church is more than willing to work with their neighbors. She would condition that the Church provide that no one park at 77-700 at any time, and that the church provide a crosswalk for people parking on the street for people's safety. She believes that both parties can work this out and 12 MINUTES PALM DESERT PLANNING COMMISSION JUNE 7. 2011 that they should try. As long as the Church bears the cost for this and works with the neighbors, she will second the motion from Commissioner Tanner. Commissioner De Luna asked about the trash relocation and if that was even feasible. Ms. Grisa stated that Burrtec would have to sign off on any trash enclosure moving, but that staff could follow up on that. Mr. Bagato stated that a crosswalk would have to go through the Public Works Department for approval, but it has been their practice to not allow crosswalks anywhere but at intersections. Staff would certainly talk to Public Works about this. Commissioner Tanner indicated that we could pull that part out of the motion. Commissioner Limont said that she didn't want it pulled out, but maybe just followed through on this matter for safety. Commissioner Dash indicated that he would still reiterate his motion to continue until the two parties meet, if that was the desire of the Commission. Chair Campbell commented that she saw the place the previous evening around 6:15 and the place was deserted. She sees the benefit of having the Church there after hours would enhance security. Commissioner De Luna asked if there could be a condition that the parties resolve their issues before a Certificate of Occupancy is issued. Commissioner Tanner stated that his motion was and remains as follows: that the two parties come together and work through this issue, that no one around the area that is not willing to share their parking is encroached upon and including Commissioner Limont's request that staff follow up on the installation of a crosswalk, the motion stands with a second. Action: Commissioner Tanner moved and Commissioner Limont seconded approving CUP 11-167, subject to the attached conditions. Motion carried 5-0. Commissioner Tanner moved and Commissioner Limont seconded adopting Planning Commission Resolution 2552, approving CUP 11-167 subject to the attached and revised conditions. Motion carried 5-0. 13 MINUTES PALM DESERT PLANNING COMMISSION JUNE 7 2011 D. Case No. CUP 11-140, First Foundation Bank, Applicant. Approval of a Conditional Use Permit to operate a private bank for First Foundation in the previously approved Norwalk Building located at 73-495 Highway 111. Mr. Swartz orally presented his staff report and PowerPoint presentation. He showed the location and site photos as he was presenting. He indicated that this was its own individual parcel and not part of the greater commercial center nearby. On August 1, 2000, the Planning Commission approved PP 00-15, allowing an upscale furniture store to occupy the building provided that they keep the parking to their lot. The private bank would have seven full-time employees and expect only a few customers per day to enter the building. There will be no ATM on site. The building includes offices, teller area, and vault and does not have a reciprocal parking agreement with the larger commercial site. A private bank would not have the amount of customer traffic that a commercial bank would have. With that, staff recommended approval and offered to answer any questions. Chair Campbell stated that the employees could park at the Gardens on El Paseo and let the customers park at the bank. Mr. Bagato stated that wouldn't be necessary because parking is sufficient and other •ew establishments have requested to locate here but were not able to because of parking. A private bank however, has adequate parking for this space. Mr. Bagato stated that many spots in the Gardens are already dedicated to other places: restaurants and nearby tenants and staff aren't sure how many spaces are left over that are undedicated. These spaces are only counted upon when a business needs more than it can supply. In the case of this bank, it can supply all of the spaces required for its use and that is why this is a good fit for this building. Commissioner Limont asked if the bank in the future needed more spaces than it presently accounted for, would be a viable option (the Gardens). Mr. Bagato stated that was the case. Chair Campbell declared the public hearing open and asked the applicant to address the Commission. Mr. Dick Baxley, 73-712 Alessandro Ste. B-4, spoke on behalf of the applicant. He stated that the applicant has not been able to come to an agreement with the large parcel next door regarding a reciprocal .r 14 MINUTES PALM DESERT PLANNING COMMISSION JUNE 7. 2011 parking agreement. The neighbor has attempted to buy the building for arm a large amount below market worth and was unsuccessful. He is happy to answer any questions about the project. Mr. Danny Grathwohl, 121 S. Palm Cyn, Palm Springs, spoke on behalf of the neighboring parcel community and stated that they don't believe that the 11 parking spaces are adequate for this use. When it was a furniture store, there were issues with parking and he doesn't want the same thing to happen again. Commissioner De Luna asked what the objection would be to the use of two or three adjacent parking spots that are consistently empty. Mr. Grathwohl indicated that they just tore down two buildings on that site and they don't want to lose those spaces for future development. Chair Campbell declared the public hearing closed. Commissioner Limont commented that she sees no reason not to approve this project, everything came together and it's a good project in a good location. She recommended that there be a requirement that no one park off site, but in the 11 spots available and she would move for approval. Commissioner De Luna agreed with Commissioner Limont about the parking and seconded. Action: Commissioner Limont moved and Commissioner De Luna seconded approving CUP 11-140, subject to the attached conditions. Motion carried 5-0. Commissioner Limont and Commissioner De Luna seconded adopting Planning Commission Resolution No. 2553 approving CUP 11-140, subject to the attached conditions. Motion carried 5-0. IX. MISCELLANEOUS NONE X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES COMMISSION Commissioner Campbell stated that there was no meeting. *AM 15 MINUTES PALM DESERT PLANNING COMMISSION JUNE 7 2011 B. LANDSCAPE BEAUTIFICATION COMMITTEE Commissioner Limont mentioned that there was no meeting. r. C. PARKS & RECREATION Commissioner Tanner said that the grand opening for the pool is now June 25, 2011. The ceremonies will start at 10 a.m., but the food and the official opening will be at 11 a.m. The pool is filled with water and everything looks good. Also, some trails have been installed close to Cahuilla Park and a tentative low-level BMX competitive courses have been installed. D. PROJECT AREA 4 COMMITTEE Commissioner Dash indicated that there was no meeting. XI. COMMENTS Mr. Bagato informed the Commissioners that the next meeting slated for June 21, 2011, will have two highly contentious items on the agenda: Villa Portofino and the Rosewood hotel. He indicated that he and Mr. Becker would have the packets ready the Wednesday before the meeting to give the Commission extra time to view their packets. Mr. Bagato also stated that there would be a few items over the summer and full agendas through the summer months. Unless the Commissioners ..r desired, there would be no need to go `dark'. He also wanted to briefly mention that some of the meetings would be held in the Administrative Conference Room (ACR) while the Council Chambers were being retrofitted with new broadcast and telephony equipment. He wanted have the commissioners aware that after this summer they would be on television. .rrt 16 MINUTES PALM DESERT PLANNING COMMISSION JUNE 7. 2011 XII. ADJOURNMENT WNW Chair Campbell adjourned the meeting at 7:42 p.m. F�2 L�- LAURI AYLAIAN, Secretary ATTEST: ,�, SONIA CAMPBELL, Chair Palm Desert Planning Commission /tb 6w taw 17 rrrfi