HomeMy WebLinkAbout2013-07-02 PC Regular Meeting Minutes CITY OF PALM DESERT
PALM DESERT PLANNING COMMISSION
MINUTES
• TUESDAY, JULY 2, 2013 — 6:00 P.M.
COUNCIL CHAMBER
73-510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER
Chair Nancy DeLuna called the meeting to order at 6:00 p.m.
II. ROLL CALL
Present:
Commissioner Ken Stendell
Commissioner John Greenwood
Commissioner Sonia Campbell
Vice Chair Roger Dash
Chair Nancy DeLuna
Staff Present:
Jill Tremblay, City Attorney
Lauri Aylaian, Director of Community Development
Tony Bagato, Principal Planner
Monica O'Reilly, Administrative Secretary
III. PLEDGE OF ALLEGIANCE
Commissioner Greenwood led the Pledge of Allegiance.
IV. SUMMARY OF COUNCIL ACTION
Ms. Lauri Aylaian, Director of Community Development, reported that at the
meeting of June 27, the City Council approved the budget for fiscal year 2013-
2014.
V. ORAL COMMUNICATIONS
None
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PALM DESERT PLANNING COMMISSION JULY 2, 2013
VI. CONSENT CALENDAR
saw A. MINUTES of the Planning Commission meeting of June 18, 2013.
Rec: By Minute Motion, approve as presented.
Upon a motion by Campbell, second by Stendell, and a 5-0 vote of the Planning
Commission, the Consent Calendar was approved as presented.
VII. CONSENT ITEMS HELD OVER
None
VIII. PUBLIC HEARINGS
A. REQUEST FOR CONSIDERATION of Amendment No. 1 to Development
Agreement 04-01 (Palm Desert Country Club, APN 637-020-011) to allow the
construction of the permanent maintenance building at a new location on the
Palm Desert Golf Course located northwest of Joe Mann Park and north of
California Drive. Case No. PP/DA 12-213 (PD Golf Operations, LLC, 77-200
California Drive, Palm Desert, CA 92211, Applicant)
Mr. Tony Bagato, Principal Planner, noted that there were letters received via
email, and one letter hand-delivered this morning.
Chair DeLuna asked the Planning Commission if they needed a moment to read
the letters. The Planning Commission responded they did not.
Mr. Bagato reported that the location of maintenance building is in Palm Desert
Country Club (PDCC), and displayed photos of the site. He said that in 2004
there was a master plan to redo the golf course to add new homes, infill lots, and
a permanent maintenance facility. All of the work is complete; however, the
previous owner/developer declared bankruptcy before constructing the
maintenance facility. Mr. Bagato stated the new owner (current applicant) seeks
approval for relocating a permanent maintenance facility where the temporary
facility is now located. He referred to the photo to show the location of the
temporary facility and the approved permanent location, which is approximately
100 yards away. The issue does not have significant impact on the City, but
some residents will be visually impacted. He stated that staff wants to gather
public input through the public hearing process, then allow the Planning
Commission to consider testimony offered, and make a recommendation to the
City Council. Mr. Bagato noted that some property owners that own
condominiums on Michigan Drive did not receive a notice due to address errors
on the tax roll records. He said staff is not comfortable making a recommendation
tonight; however, staff recommended a continuance to the meeting of July 16,
2013.
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Mr. Bagato gave a description of the maintenance facility. He said that the project
was presented to the Architectural Review Commission (ARC), and noted that
ARC has not approved the project. The ARC had a concern on how much money
is put into the design if the location is not approved. He reported that the ARC
referred the project to the Planning Commission and City Council for
consideration of the proposed location. He stated that the project will go back to
ARC to address the design and landscaping. Mr. Bagato stated that the City
received emails and a letter in opposition to the proposed temporary location.
Staff recommended a continuance after hearing from the public and the
applicant. Mr. Bagato offered to answer any questions.
Chair DeLuna asked Mr. Bagato how many people were not properly notified.
Mr. Bagato responded that in one condominium project there are 24 units in the
building, and the residents are saying only two of the addresses are correct and
current.
Commissioner Sonia Campbell referred to a photo, and asked if one of the
buildings is the clubhouse.
Mr. Bagato replied yes. He commented that there is also a playground, a rose
garden, and Joe Mann Park.
Commissioner Campbell clarified that no homes would face the permanent
location.
Mr. Bagato replied that is correct. He added that there was a concern with the
proximity to the playground. He checked with Riverside County Environmental
Health, and there are no distance requirements from Environmental Health or the
Fire Department. However, they do regulate the materials stored in the facility.
Therefore, the concern with the playground has been alleviated.
Commissioner Campbell inquired about the road leading to the permanent area,
and asked where it would go.
Mr. Bagato responded that the road would remain in place, which is the only road
into the facility. He noted that if the facility stays in the approved permanent
location, the employees would go to the right and away from the home owners to
the left. He stated that the employees currently go to the left, and there have
been noise complaints coming from residents on California Drive.
Chair DeLuna asked when the current applicant purchased the property, were
they aware of the permanent location for the facility.
Mr. Bagato replied yes. He stated that staff met with the applicant before they
low purchased the property, and they were informed that a maintenance facility had
to be built next to the park.
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Chair DeLuna declared the public hearing open and invited the applicant to address the
Commission on this matter, followed by any public testimony IN FAVOR or
,o, OPPOSITION.
MR. WILF WEINKAUF, Palm Desert Country Club, 77200 California Drive, Palm
Desert, California, stated that they have been looking at building a maintenance
facility for the past 20 months. He said that they have talked to the residents
regarding the dust, traffic, and the buildings currently in the area. The residents
tell them that they would like to see more flowers, trees, and cleaned up areas.
He noted that he has built quite a few maintenance facilities, and he prefers not
to build next to a park because they store fertilizer and pesticides under lock and
key. He said that the main reason to build on the temporary site is to expand
what is already there, and noted that the lake and white compound would remain
in the same area. He said they would cover everything so it is nice for the
residents. Mr. Weinkauf stated that he does not want to postpone the project. He
mentioned that the previous Planner, Missy Nale, recommended the temporary
location but she is no longer with the City. He urged the Commissioners not to
stall it because of the mailings; he has already talked to the residents from those
units. The residents have been against the project since the beginning, and
probably still are only because the residents think that they cannot perform.
MR. WEINKAUF noted that the building is going to be lower than the temporary
tent. He communicated that the building would be screened, paved, and there
would be less dust. He also noted that there would be less noise from their
woo equipment at the temporary location. He added that the fuel and power is next to
the temporary location, which is not going to change. If they were to build the
facility in the permanent location, they would still have to take their equipment to
fueling area then bring it back to the permanent location. He said it is common
sense to keep everything in one area. Mr. Weinkauf stated that they are looking
at making the area nice, and save money by staying in the temporary location. In
addition, they would be paving the area in the temporary location and not at the
permanent area. He asked that they need someone to tell them if they need to go
in "the hole" (the previously approved location) or stay in the temporary location.
He mentioned that they need a green waste area, which they would able to
screen in the temporary location and not at the permanent location. He also
mentioned that they spent over $700,000 on equipment, which they are wrecking
from the area not being paved.
Chair DeLuna interjected and asked Mr. Weinkauf if they were aware that when
they bought the property, the maintenance facility was designated in the area
that abuts the park.
MR. WEINKAUF replied that is correct. He said when he first saw the area his
first thought was that it is not the proper place for a maintenance facility.
Chair DeLuna asked the applicant when they first bought the facility, did they
meet with the City to say that the approved area is not the appropriate location or
accept the property as it was.
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MR. WEINKAUF responded that they met with the City; however, the
maintenance facility was not their main concern. Their main concern was the
clubhouse, the golf course, the irrigation, and getting the golf course back into
shape to reopen it.
Chair DeLuna stated that Mr. Weinkauf's time for his remarks expired, and asked
the Planning Commission if they had questions for the applicant.
Commissioner Roger Dash commented that it has been said there is a significant
difference in the cost between the two facilities. He asked what the ballpark
figure is.
MR. WEINKAUF responded approximately $60,000 to $70,000.
Commissioner Dash quoted Commissioner McIntosh's (Architectural Review
Commission) statement, ". . . the applicant is trying to shoe horn into a spot that
may not accommodate all their needs." He asked the applicant if he agreed with
that statement.
MR. WEINKAUF replied that he does not agree with the statement. He said that
comment was made because some residents did not want them to take much
area so they downsized the visual impact. He noted that the site on the
landscape drawing is going to be bigger so it could accommodate what the City
is requesting from them.
Commissioner Dash clarified if the fuel would still remain in the same area.
MR. WEINKAUF replied that is correct.
Commissioner Dash asked what the size of the fuel pumping station is.
MR. WEINKAUF answered that he believes is 150 feet by 150 feet. He referred
to an open area that they would also need for green waste. He noted that their
golf course has a disease so they can't give it away to private companies. They
have to store it and pay for Burrtec to take it away. He stated that when they
mow and scalp, there is a lot of green waste that cannot be hauled away fast
enough.
Commissioner John Greenwood stated that there seems to be a sizable
difference between the two parcels. He voiced his concerns with the landscape
plan: 1) where the heavy equipment is parked; 2) the existing utility area does not
fit everything; 3) the trash enclosures are not shown; and 4) there are three
parking spaces outside of the facility without pedestrian access. He asked the
applicant if they have addressed the items that the ARC requested.
MR. WEINKAUF responded that they put a hold on everything after the second
ARC meeting.
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Commissioner Greenwood pointed to the area in red (approved location), and
asked if it was graded by the previous owner.
..
MR. WEINKAUF replied that he believes so, but he does not know.
Commissioner Greenwood inquired if the berm could be graded.
MR. WEINKAUF said that if they were to grade it they would still have the same
visual. He stated they went through different scenarios and cost, and noted that
they do not want to be next to a playground.
Commissioner Greenwood asked why they do not want to be next to the
playground.
MR. WEINKAUF responded that there is gas, if there is a spill, it could get in the
air. They also store pesticides, fertilizer, and nitrogen. He noted that nitrogen is
explosive.
Commissioner Greenwood asked if there is gasoline at the approved site.
MR. WEINKAUF replied that there is gas in the equipment.
Chair DeLuna inquired if the applicant would save money if the berm is filled at
the approved location.
MR. WEINKAUF said possibly yes.
Chair DeLuna asked if the green waste is not an issue since it stays where it is
regardless of the location.
MR. WEINKAUF responded that the resident's biggest issue is the green waste,
and gave details on how they would screen the building and wall.
Chair DeLuna asked Mr. Bagato if the bushes at Joe Mann Park could be
allowed to grow to a height to mitigate fumes or dust.
Mr. Bagato replied that he would have to talk to the Parks Department. He noted
that the previous approval had a 20 foot buffer between the wrought iron fence
and the new facility. He also noted that the City could require either location to be
screened or paved.
Commissioner Greenwood asked Mr. Bagato if there has ever been discussion to
redesign in the combination of both parcels.
Mr. Bagato responded that staff has had discussions with the applicant. He said
that it has been taking a little longer since the Planner working on the project
resigned. Staff and the applicant have gone back and forth to find the best
solution. He stated that Ms. Nale's conclusion was that some residents is going
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to be adversely impacted no matter where they locate the facility. He said Ms.
Nale recommended the temporary location. However, he is more concerned with
,,W the impact for the home owners that have to deal with the workers as they come
in and out, and the fueling of the equipment. He also said that there are more
requirements from the ARC, and the plan in front of them does not address the
parking spaces and trash bins. He commented that it is like a catch 22, the
applicant does not want to invest more money because the location is not going
to be approved, but it is hard for the City to determine how much square footage
is going to be needed to meet all the demands the City is requesting. Lastly, Mr.
Bagato highlighted that the property line is the perimeter of the whole golf course
and around Joe Mann Park so any of the areas around the golf course could be
expanded.
Chair DeLuna mentioned that the applicant indicated that if they were allowed to
move to the temporary area, they would pave the street. However, they intend to
do nothing if they have to build facility in the approved location. She asked if the
City would require the applicant to pave the area to the permanent location.
Mr. Bagato replied that is correct. He said there is an ordinance that requires
every driving surface to be paved.
Commissioner Ken Stendell asked if there has ever been a comprehensive site
or development plan presented to the City by the current applicant for the
approved area that will show all the requirements they need to meet.
Mr. Bagato replied no.
Commissioner Stendell commented that the fuel station is an above ground
storage. He asked if it is anchored into one position or could it be moved.
Mr. Bagato replied that the City could technically request to move the fueling or
power station, but the Coachella Valley Water District would want the well to
remain. He noted that the wall would have to remain around the well.
Commissioner Stendell stated that the applicant bought the property knowing of
the approved area for the facility, and knowing that they own the rest of the
property. They could also expand the lake to whatever they need, they could
move the golf cart path, and they could do whatever they need to do to
accommodate a situation where it is a little less unnoticeable to the bulk of the
residents. He commented that if the temporary location is approved, the applicant
would have to move everything to build the facility.
MR. WEINKAUF stated that the tent would stay in place while they are building
the facility.
Commissioner Stendell asked the applicant if they have ever done a site study,
and presented it to the City for review on the approved location.
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MR. WEINKAUF replied no. He said after looking at the hole in the permanent
location and below the sewer, he did not entertain going into that location.
However, Mr. Bagato advised him today that they are able to raise the grade at
the site. He stated that they have done architectural drawings for the building and
the landscaping, and he received the requirements back from Ms. Nale before
she left. Mr. Weinkauf said that the temporary site could accommodate the
facility. At the permanent location it would be very costly to move everything
over. He stated that if the City wants them to stay in the approved location, they
will move there. However, the demands that the City has given them, as he
advised the Planning Commission, the green waste and the compound will have
to stay. He mentioned that the Fire Department also approved the temporary
location so their trucks could turn around.
Commissioner Stendell stated that he was a member of the Architectural Review
Commission the first time they reviewed the project. He stated that it was
continued because there are some far reaching problems that existed. He
commented that there were not near the number of residents in opposition to the
project primarily because it is not noticed that they had the ARC meeting.
Commissioner Stendell asked staff that if the facility were built on the approved
location, what will happen with the temporary location.
Mr. Bagato replied that the well site would remain, there will be new tee boxes,
and screening of the existing well.
Chair DeLuna inquired if the lake could be relocated to extend to the northwest, if
the applicant needed to from the original location.
Mr. Bagato responded that technically anything could be relocated at a cost to
the applicant.
The Planning Commission had no further questions.
Chair DeLuna asked staff and the City Attorney for ruling regarding the issue of
continuing the hearing until the City could properly notify the residents that were
not notified to give them the opportunity to be present and heard from.
Ms. Aylaian said that they have met the legal requirements for notification.
Unfortunately, staff believes that notification was not sufficient to meet the intent
of the law, and the notice did not get to everyone that they wanted to reach. She
reaffirmed staff's recommendation to continue the issue, to open the Public
Hearing, receive testimony tonight, keep the Public Hearing open and continue to
the next meeting to give an opportunity to the residents that have not heard of
the hearing so they could come to the next meeting and give testimony, then
close the Public Hearing and make a decision. She noted that the Planning
Commission could make a decision tonight because they have met the legal
requirements. Staff feels it would be appropriate to continue the meeting since
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there are many residents impacted, and the residents should be given an
opportunity to be heard.
Ms. Jill Tremblay, City Attorney, agreed with Ms. Aylaian's comments.
Chair DeLuna stated that she received speaker's cards, and invited Mr. Jeff
Davis to address the Planning Commission.
MR. JEFF DAVIS, 77725 Michigan Drive, Palm Desert, California, commented
that his father is one of the first to own one of the 24 units in PDCC, and there
should be no reason why he did not receive a notice. He mentioned that he is the
secretary of the 24-unit homeowners' association, and he is not speaking on
behalf of the association but as an individual. He expressed that this is the first
time he is seeing what is being proposed. He said he's sorry that they did not
receive a notice, but no one really knows what the proposal is. Mr. Davis stated
he's not in favor of or in opposition to. He voiced that he would want to know
what is being proposed and the ramifications of the proposal. He stated he has a
problem with the City and PDCC, which they do not seem to know what is going
on. He mentioned that Mr. Bagato did not know which fairways and holes they
were referring to. They are No. 4 and No. 5, and not No. 13 and No. 14. Mr.
Davis also voiced that there needs to be better communication from the City and
PDCC. He mentioned that several months ago they attended a meeting
regarding landscape and lighting districts, which they also did not receive a
notice. He said that there are only a few people in the 24 units, and the
addresses could be obtained from PDCC association without a problem.
MR FRANK TAYLOR, 43565 Texas Avenue, Palm Desert, California,
commented that he has been a resident of PDCC for approximately 28 years,
and retired from the Riverside County Sheriff's Department after 29 years. He
was also the Assistant Chief of Police for the City of Palm Desert for two years
during his career. During his civil service time he's heard PDCC, the law
enforcement sector, the public sector, and by City staff discuss that the area is
county area that was annexed, that it is not really Palm Desert, and it also has
been discussed as a ghetto. He stated that the Planning Commission has kept
up high standards of Palm Desert, and he respectfully requests that the high
standard is continued in respect of PDCC when they are looking at the
maintenance facility project, and future projects as they come forward. Mr. Taylor
said that as far as the maintenance facility, he read through the ARC minutes
and Commissioner Stendell brought up good points. He said that he is not sure if
the temporary site was ever approved to stay there forever. He thought that the
temporary tent was placed in that area while they build the maintenance facility
as a temporary holding area, but then the previous owner went bankrupt. Mr.
Taylor said that the property was purchased through foreclosure for what he
believes at a price of $1.7 million. He said that the PDCC is trying to get things
accomplished but feels that the Planning Commission should review the
discussion by the City Council and the home owners about the lack of
communication. He thinks the plan from 2004 was a good and sound plan and a
great idea. The agreement that was put forward was to move the maintenance
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facility so they could build the homes where the driving range used to be. He said
there was a lot of thought not only from the Planning Commission, but also from
Now the City Council and ARC to be able to do this project. He stated that the best
place from what he has researched is to keep it where it is, as it was known to
the applicant when they bought the property. He believes it will cause less impact
to the residents; however, there might be a little struggle and a money issue
attached to the project. He stated that he hopes the Planning Commission denies
the project, and have the applicant work on the site they have (permanent?) at
the July 16 meeting.
MS. JANETTE CHAPMAN, 77775 Michigan Drive, Palm Desert, California,
commented that after listening to the proposal and the questions; she's on the
fence. She is not in favor of or opposition to, but that she does have some
concerns as a home owner. She communicated that the permanent area is a big
noise area because of Joe Mann Park, the dog park, the community pool, and a
school. If the hole is filled, it would bring down the berms and the noise will be
greater than it is now. If the maintenance facility is moved to the permanent
location, that machinery would add to the noise. She stated her concern is having
no berm to mitigate the noise. She said she does not know enough on what the
applicants wants to do so until she hears a more organized plan, she cannot say
she's in favor of or in opposition to the project.
Chair DeLuna asked staff and the City Attorney if it is a good time for the
Planning Commission to discuss the continuance.
Ms. Aylaian replied yes. The Planning Commission could ask for a motion to
continue or have discussion on the issue. Ms. Aylaian asked the City Attorney if
they should close the public hearing prior to discussing the item or reopen the
public hearing if they chose to continue the item or leave the public hearing open
while they discuss it.
Ms. Tremblay said that the public hearing should be closed then reopened after
their discussion.
Chair DeLuna asked if it would be appropriate to continue the item while it is still
open prior to the Planning Commission's discussion and giving the residents that
have not been noticed to come in and receiving the benefit of hearing the
Commission's discussion at the end of the public hearing session with all their
information, or would it be better to close it now then discuss it and reopen it and
discuss it again.
Ms. Tremblay responded that they should close the public hearing, discuss, and
then reopen.
With no further testimony offered, Chair DeLuna declared the public hearing closed.
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Commissioner Campbell moved, by Minute Motion, to continue the public hearing
to July 16, 2013. The Planning Commission will discuss the item after hearing testimony
from the residents that did not receive a notice. Motion was seconded by Stendell and
carried by a 5-0 vote.
Ms. Aylaian asked Chair DeLuna to reopen the public hearing, and leave open
until July 16.
Chair DeLuna declared the public hearing reopened.
Ms. Aylaian stated that for the residents that testified tonight, their testimony is
part of the public record and they do not need to attend the next meeting.
However, if they choose to attend, they are welcomed to do so. She also clarified
that the applicant referred to having an approved project or site plan at the
temporary location; however, no location or site plan has been approved for the
temporary site. She added that regardless where the facility ends up it will need
to go back to the ARC for consideration.
MS. SHAWN SHEPHERD, 77725 Michigan Drive #A1, Palm Desert, California,
asked if individuals are out of town for the meeting of July 16, may they send
written comment.
Ms. Aylaian replied yes. Any written letters, emails, or phone calls should be
directed to Mr. Bagato. The information will then be passed on to the Planning
Commission for their consideration.
Commissioner Campbell interjected that they send correspondence in advance,
and not at the last minute.
MR. DAVIS asked if the residents could be notified within two weeks of the
proposed plans.
Ms. Aylaian suggested that Mr. David contact Mr. Bagato, Principal Planner.
MR. WEINKAUF interjected that he does not want to continue the item to the July
16 meeting, and would like to withdraw his application.
Ms. Aylaian stated that if the applicant chooses, and officially notifies the City that
they are withdrawing their application, she believes the Planning Commission
would need to reopen the public hearing at the next meeting because it was
continued. Ms. Aylaian requested a recess so staff could discuss with the City
Attorney.
MR. WEINKAUF stated that they do not want to waste the City's time, and they
will move into the previously approved site. He will supply Mr. Bagato with the
plans for the approved location so they could move forward.
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Chair DeLuna recessed the meeting at 7:09 p.m. in order to allow staff to receive
counsel from the City Attorney.
At 7:11 p.m., Ms. Aylaian announced that the public hearing was not closed. It
was open and still receiving testimony. She stated if the applicant wishes to step
forward and withdraw their application, the Planning Commission could then
withdraw the motion to continue the public hearing and the case would be closed.
Chair DeLuna asked the applicant if they wish to withdraw the application for the
record.
MR. WEINKAUF responded that he formally wishes to withdraw the application,
and proceed with the approved location
With no further testimony offered, Chair DeLuna declared the public hearing closed.
Commissioner Campbell moved, by Minute Motion, to withdraw her motion to
continue the public hearing to July 16, 2013. Motion was seconded by Stendell and
carried by a 5-0 vote.
Commissioner Stendell recommended to the applicant that communication is
gold in this situation. Not only do they have the people that are immediately
surrounding the golf course, but they have the whole PDCC, which has been
graciously annexed into the City of Palm Desert. He agreed with what Mr. Taylor
said, it is a wonderful City. Commissioner Stendell stated that the site is
designated for improvement, which they still need to provide and go through the
same process such as provide a site plan for review.
Chair DeLuna thanked everyone for coming, and thanked everyone that
contributed and participated in the process. The City appreciates everyone's time
and effort, including the applicant.
IX. MISCELLANEOUS
None
X. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES
Commissioner Stendell commented that at the meeting of June 19, the Palm
Springs Art Museum reported they had over 20,000 visitors during the first full
season in the Palm Desert location. He said there is a new self guided garden
tour that can be provided to visitors. The docent tours for the sculpture garden
will be given with the folks on landscaping. He reported that the Palm Springs Art
wow Museum is working with the City of Palm Desert and the El Paseo Merchants
Association to reorganize the art walk and create first weekends. He announced
a music series on Friday nights in the Eric Johnson Memorial Gardens. He also
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reported that the Afghan Hounds on El Paseo have been sold and replaced with
three cats. Last, he said that four finalists will receive an honorarium to provide
proposals to paint the traffic cabinets, and Ms. Schwartz is training the new
docents.
B. PARKS & RECREATION
None
XI. COMMENTS
Chair DeLuna commented that the City provides a wonderful fireworks display on
the Fourth of July. She invited everyone to enjoy what the City offers, it will be a
wonderful afternoon and evening.
XII. ADJOURNMENT
Upon a motion by Dash, second by Campbell, and a 5-0 vote of the Planning
Commission, Chair DeLuna adjourned the meeting at 7:16 p.m.
NANCY D UNA, CHAIR
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
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