HomeMy WebLinkAboutCC RES 92-006RESOLUTION N0. 92-6
A RE:. �LUTION OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING
A CONDITIONAL USE PERMIT TO ALLOW THE
OPERATION OF A STREET FAIR BY THE COLLEGE
OF THE DESERT ALUMNI ASSOCIATION ON THE
CAMPUS OF THE COLLEGE OF THE DESERT.
CASE N0. CUP 91-13
WHEREAS, the City Council of the City of Palm Desert, California,
did on the 5th day of November, 1991, hold a duly noticed public hearing
to consider the request of the COLLEGE OF THE DESERT ALUMNI ASSOCIATION
for approval of a conditional use permit to allow the operation of a
street fair having a maximum of 340 sales spaces on Saturdays and
Sundays between the hours of 8:00 a.m. and 2:00 p.m. and additional days
around certain holidays. The street fair would occur on the College of
the Desert Campus which is located at the northeast corner of Monterey
Avenue and Fred Waring Drive; and
WHEREAS, the Planning Commission after holding a duly noticed
public hearing adopted Planning Commission Resolution No. 1546
conditionally approving the requested conditional use permit, and
certified a Negative Declaration of Environmental Impact therefore as
meeting the requirements of the California Environmental Quality Act of
1970 as amended; and
WHEREAS, a timely appeal in the form of a Palm Desert City Council
call for review to the decision of the commission was submitted; and
WHEREAS, the City Council did on the 12th day of December, 1991,
hold a duly noticed public hearing to consider Conditional Use Permit
application 91-13; and
WHEREAS, the City Council continued said hearing to the 9th day of
January, 1992; and
WHEREAS, at the conclusion of said public hearing, upon lis�ening
to and considering all testimony and arguments, if any, of all
interested persons desiring to be heard, the Palm Desert City Council
instructed the Director of Community Development to prepare two
resolutions for adoption at its January 23, 1992 meeting; and
WHEREAS, said resolutions entitled:
l. "A Reaolution of the City Council of the City of Palm Desert,
California, certifying a Negative Declaration of Environmental
Impact for Conditional Use Permit 91-13 as meeting the
requirements of the California Environmental Quality Act of
1970 as amended."
2. "A Resolution of the City Council of the City of Palm Desert,
California, approving a conditional use permit to allow the
operation of a street fair by the College of the Desert Alumni
RESOLUTION NO. 92-6
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Association on the campus of the College of the Desert, CUP
91-13."
were prepared for and adopted by the Palm Desert City Council at its
regularly scheduled meeting of January 23, 1992; and
WHEREAS, at said public hearing, upon listening to and considering
all testimony, if any, of all interested persons desiring to be heard,
the City Council did find the following facts and reasons to exist to
justify the granting of said conditional use permit:
1. The proposed location of the conditional use permit is in
accord with the objectives of the zoning ordinance and the
purpose of the district in which the site is located in that:
a. The College of the Desert itself is separated from
residential areas by major highways on the west and south
(Monterey Avenue and Fred Waring Drive). A future
secondary highway on the north (Magnesia Falls) and the
72 acre Palm Desert Civic Center on the east.
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c.
The fair itself is located approximately in the center
of the campus and thus further separated from any
residential development by school facilities.
The location, because of the distance and street
separations from less intensive uses, minimizes any
potential conflict between land uses.
2. The proposed location of the conditional use and the
conditions under which it will be operated and maintained will
not be detrimental to the public health, safety, or general
welfare, or be materially injurious to properties or
improvements in the vicinity in that:
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The supporting points identified under finding No, 1 also
support this finding.
Funds generated through this use enable the College of
the Desert to ma3ntain and expand needed educational
programs in the district.
c. The conditional use permit process enables the city to
monitor and make changes, if necessary, to assure that
the use will not be detrimental to the public health,
safety, or general welfare, or be mater3ally injurious
to properties or improvements in the vicinity in the
future.
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RESOLUTION N0. 92-6
3.
4.
The proposed conditional use will comply with each of the
applicable provisions of this title, except for approved
variances or adjustments.
The praposed conditional use complies with the goals,
objectives, and policies of the city's adopted General Plan
in that:
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Land Use Element
i. The location of the proposed use and the conditions
applied thereto provide for an orderly balance of
both public and private land uses within convenient
and compatible locations throughout the city, as
well as protects and enhances the environment,
character and image of the city.
ii. The location, conditions and review procedures
setforth within the permit avoid and minimize
conflicts between land uses created by variations
in land uses.
Circulation Element
i. The required parking management plan and on-street
parking limitations will assure a safe and efficient
movement of people, gaods and services into, through
and around the area.
ii. The proximity of the city's portion of the Coachella
Valley Regional Bikeway System to the site provides
an alternative access system.
iii. In addition to "ii", Sunline Transit also serves the
site, thus public transportation is availabla as yet
another alternative access system.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute
the findings of the city council contained in staff reports
for case no. CUP 91-13 dated November 5, 1991, December 12,
1991, January 9, 1992 (Revised 8 January 1992) and all
planning commission and city council minutes relating to
hearings and actions thereon and attached hereto as exhibits.
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RESOLUTION N0. 92-6
2. That a Negative Declaration of Environmental Impact is
certified under separate resolution entitled:
A Resolution of the City Council of the
City of Palm Desert, California,
certifying a Negative Declaration of
Environmental Impact as meeting the
requirements of the California
Environmental Quality Act of 1970 as
amended, as it pertains to Conditional Use
Permit 91-13 attached as an exhibit
hereto.
3. That approval of Conditional Use Permit 91-13 is hereby
granted, subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert City Council, held on this 23rd day of January, 1992, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
BENSON, SNYDER, KELLY
NONE
NONE
ABSTAIN: CRITES, WILSON
C
RICHA D S. KELLY Mayor
ATTEST• ^ ,
. , .
, - � ,
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.. �� � ��; �--(.�
SHEILA R. G LLIGAN, Ci Clerk
City of Palm Desert, lifornia
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RESOLUTION N0. 92-6
CONDITIONS OF APPROVAL
CASE N0. CUP 91-13
Department of Community Development:
1. That the operation of the "street fair" shall conform substantially
with exhibits on file with the department of community development/
planning, as modified by the following conditions.
2. That the operation of the "street fair" described herein shall be
subject to the restrictions and limitations set forth herein which
are in addition to all municipal ordinances and state and federal
statutes now in force, or which hereafter may be in force.
3. That each vendor at the "street fair" shall hold a current city
business license and display same in a prominent location. College
of the Desert Alumni Association shall require evidence of said
valid business license prior to leasing sales space to all vendors.
4. That all vendors at C.O.D. Street Fair shall collect California
State Sales Tax as required by the State Board of Equalization.
5. That all food sales vendors at the street fair be certified, on a
regular basis, by the Riverside County Department of Health.
Evidence of said certification to be displayed prominently.
College of the Desert Alumni Association shall require evidence of
valid certificate from Riverside County Health Department prior to
leasing sales space to any food vendor.
6. As a condition of approval of this resolution approving CUP 91-13
and to the extent permitted by law as a condition of approval of
this resolution containing findings and certifying the negative
declaration of environmental impact with respect to this project,
College of the Desert and College of the Desert Alumni Association
hereby agree to defend, at their sole cost and expense, indemnify
and hold harmless the City of Palm Desert, its agents, officers and
employees from any claim, action or proceeding filed against the
City of Palm Desert, its agents, officers and employees as a result
of the local agency's approval of this resolution, including but
not limited to: 1) actions or proceedings to attack, set aside,
vaid, or annul such approval; or 2) actions or proceedings that
seek damages as a result of such approval.
The City of Palm Desert shall promptly notify College of the Desert
and College of the Desert Alumni Association of any such claim,
action or proceeding. Further, College of the Desert and College
of the Desert Alumni Association shall conduct the defense and
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RESOLUTION N0. 92-6
control the defense. The City of Palm Desert shall cooperate fully
in the defense of any such action.
7. That the C.O.D. Street Fair shall operate on Saturdays from 7:00
a.m. to 12:00 p.m. and Sundays from 7:00 a.m. to 3:00 p.m.
throughout the year. Street fair may operate a maximum of two (2)
additional days per year with the prior written approval of the
city's community development director.
8. That the oiled parking lot located east of the McCallum Theatre be
closed to parking prior to 8:00 a.m. on Sundays.
9. That the oiled parking lot located at the southwest corner of San
Pablo and the east driveway entrance to College of the Desert be
reserved for vendor parking only during the street fair. The
Alumni Association shall require all vendors to park in this lot.
10. That any vendor signs visible from any public street shall be
approved through the city's architectural review process.
11. That adequate restroom facilities be open and available during
hours of street fair operation. Adequate signage to be provided
to direct patrons to restroom areas.
12. That any electrical hook-ups at the street fair comply with all
relevant provisions of the national Electric Code as adopted by the
City of Palm Desert.
13. That the street fair shall participate in the city's recycling
program to reduce solid waste generated at the site.
14. That the street fair be limited to a maximum of 340 sales spaces.
15. Because most or all conditions of approval in this proceeding are
interrelated, in the event any condition setforth herein, including
this condition, is either challenged in writing by the applicant
or is legally determined to be unenforceable, the entire proceeding
shall be subject to further review and such public hearing as may
be necessary by the city for the imposition of such other or
alternative actions and condition as may be determined necessary
for the project.
Riverside County Fire Department:
1. Provide site plan detailing allowed parking areas and vendor/booth
locations. This plan to ensure fire access is unobstructed. No
deviations from this plan will be permitted without prior approval
from the fire marshal.
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RESOLUTION NO. 92-6
2.
A. Provide solution on how to control parking violations in fire
lanes, red curb areas, and in front of fire appliances.
B. Provide a liaison who will be trained by the fire department
to self-inspect booths, vendors and food services for basic
fire safety compliance. This person must have the authority
to enforce basic fire safety codes.
C. Provide a designated person who shall have the ultimate
authority at the site during operating hours and who shall be
solely responsible for immediately correcting violations.
Department of Public Works:
1. Within 30 days of the approval of this conditional use permit the
applicant shall submit a parking and traffic circulation control
plan for review and approval by the director of public works. The
subject plan shall address site access restrictions, lane closures,
parking restrictions and any other issues deemed appropriate by the
director of public works or his designated representative.
Riverside County Sheriff's Department:
1. The Alumni Association be required to employ an extra duty deputy
a minimum of four hours per month to check and investigate vendors.
Palm Desert City Council:
1. On-street parking along Monterey Avenue and Fred Waring Drive shall
be prohibited on the days of the street fair from 7:00 a.m. to 4:00
p.m.
2. Applicant shall pay for the installation of parking regulatory
signs.
3. A parking management plan shall be submitted to the Palm Desert
Community Development Department for review and approval within 30
days of permit approval. Said plan, as approved and/or modified
by city staff, shall be implemented within three weeks of staff
approval.
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T0:
DATE:
CASE N0:
--'•--..�.c.^'1:.:�i `I\, /I�f f �
STAFF R£PORT
p=a^.^�^^ C�rc:n�ssion
.y
November 5, �991
CUP 91-13
?yGr .
REQUEST: �pproval of a conditional use permit to allow cor.t�nued
opera}ion of the College of the Desert Street Fair at
College of the Desert between the hours of B:OQ a.m, and
2:00 p.m. on Saturdays and Sundays on a year-round basis
and additional times around certain holidays.
APPLZCANT: College of the Desert Alumni Association
43-500 Monterey Avenue
Pa1m Desert, CA 92260
I . BAcxcRocnv� -
A. PROPERTY DESCRIPTION:
8.
C.
College of the Desert is located on approximately.148.68 acres
at the northeast corner of Monterey Avenue and Fred Waring
Drive. The street fair operates on approximately 10 acres
centrally located in the parking lot areas on either side of
the Fred Waring Drive main access driveway. The 10 acres of
the street fair are generally flat terrain.
ADJACENT LAND USE/ZONING:
North: Across Magnesia Falls Drive--Monterey Country
Club/PR-6
South: Across Fred Warinq Drive--Mix of offices uses ar,d
residential unitsjO.P.
East: Across San Pablo Avenue--Civic Center and park/P
West: Across Monterey--offices/O.P.
SZTE GENER!!L PLllI�1 DESIGN�TION ]�IND ZONING:
The Colleqe oi the Desert site is de�iyriated public use in the
general plan and zoned P/public in the zoning ordinance.
Th� public zone permits the following uses subject to issuance
oi a conditional use permit:
A. �►ccessory uses and structure9 incidental to conditional
uses;
H. Aqricultural experimental facilities;
C. Animal shelters;
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-- --- -- _.�.... _ � - - - _ .. _ . -
NOVEMBER 5, 1991
D.
E.
?_yG� 3
Cemeteries, crematories and columbariums and �ela:e�
facilit;es;
Church;
Flood control facilities;
Government supported residential developments;
H�storical landmarks;
::ospitals;
Libraries;
Maintenance yards;
Public buildings and grounds;
Public or private nonprofit schools and colleges;
Public or private parks, golf courses, golf driving
ranges, zoos, swim clubs and other recreation facilit�es;
Public utility installations; and
Television and radio recording studios. (Ord. 97 1(part),
1975: Exhibit A s25.22-3)
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E.
F.
G.
H.
I.
J.
K.
L.
M.
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0.
P.
Subsection Q has been added pursuant to Ordinance No. 556
which received first reading at City Council October 10, 1991.
Subsection Q permits: ''Outdoor sales of arts, crafts,
clothing, goods, wares and other merchandise."
HISTORY:
The Alumni Association has operated the street fair since
1984. Since that time it has grown considerably from a small
farmers market sellinq locally grown agricultural produce
along with a few merchandise vendors to its present street
fair housing as many as 340 sales outlets.
The 148 acre C.O.D. site is state-owned property. As such,
activities conducted thereon have not been subject to city
regulation. Recent court decisions have provided a
distinction between uses which are not subject to city
regulation and uses (i.e. open air retail markets) which are
not exempt irom city regulation. As a result the city has
amended the zoninq ordinance to create jurisdiction to
consider the matter and the Alumni Association has filed this
conditional use permit application.
PROJSCT:
The request is to approve the continuation of the ongoing
street fair operation at College of the Desert. The street
fair operate� batween the hours of 8:00 a.m. and 2:00 p.m. on
Saturdays and Sundays on a year-round basis. .As well, the
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street fai� �cerates on an cccasional week day arour.d var:.�us
~:olidays ;;,.e. Easter, Thanksgiving, Christmas),
'.'he st� eet �ai� provides a place for up to 340 vendors `o se�:
a w�.de rar.ge of :r,erchandise ( i.e. fresh produce, shir+s, t�es,
s•.:ng:.asses, hot and cold food stuffs, arts and crafts ar.d ^�any
� �::er cccds and �uares ). Shoppers attending the �street Fai�
���^e ���;� a larye regional area for a variety of pu:�oses.
Scme are shocoing for bargains, there are people walk:^g ar.d
en�oying the fresh air, while still others come to have ��.:nc:�
ar:d browse .
II. ANALYSZS:
As noted the street fair attracts clients from a larqe geographic
area. To supQort more than 300 vendors requires a large number of
shoppers. Most of these shoppers arrive by automobile although
some come on bicycles or walk.
A.
H.
C.
ACCESS:
Access to C.O.D. is provided from the west, off of �onterey
Avenue, from the south from Fred Waring Drive and from the
east via San Pablo. Monterey Avenue and Fred Waring Drive are
both major arterial streets designed to carry large volumes
of traffic. During the street fair the main driveway from
Fred Waring Drive is closed and the access drive to ±he
McCallum Theatre provides access to parkinq lots south and
west of the street fair area. �
C2RCULAT20N:
C.O.D. has access from three streets which connect to a
central rinq road 9ystem. During the street fair the south
section of the ring road is closed to vehicular traffic in
favor of pedestrian traffic. Circulation from Monterey and
San Pablo i� re9tricted to the north section of the ring road.
The four parking lots located at the intersection of the ring
road•and the main driveway from Fred Waring Drive are where
th• v�ndozs set up. These parkinq lots are unavailable for
parkinq by visitor� to the street fair.
Pl�Rl�.ING :
As noted above four major parkinq lots are unavailable during
the street fair. In the past this has caused considerable
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�OVEMBER
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p�oblems wi�:: traff�c enteri:,g t:�e site being unable t� °•^�
adequate, c:.ose-in park�ng to v�sit the street fair. :'�;�;
resulted in cars ;nak:r,g tur.^.s blocking through traff:.c ar,d
•�ehi.cles oarkir.g on maior streets rather than onsite.
Re�e^t:.•T, C.O.D. created three r.ew parking areas in vacar.t
areas where street fair oarking had previously been
d�soryanized. ';hese new parking lots, while no� asphalt and
curbed, have been cleared and grubbed, rolled flat and seaied
with oil to stabilize the surface. In addition, oark�ny^
spaces are delineated in white.
The r.ew lot located of f of �^cnterey Avenue provides park�-:g
for 302 cars in addition to the previously existing 448 car
lot located west of the "^.cCallum Theatre. Between �:�e
�IcCallum Theatre and the main Fred Waring entrance dr�•�e a
second new lot has been created which provides 136 spaces.
These lots are reasonably convenient to street fair vis�tcrs.
Other available lots around the C.O.D. site provide parking
but are considerable distance from the street fair. As a
result many people tend to continue to circulate in the closer
parking lots waiting for a space to open up. As well, s•=-e
of the other parking areas are reserved for other activ�t�es
which go on concurrent with the street fair.
It is difficult to determine if adequate parking is p:ov��ed
in that we are currently in the shoulder season. In prev�ous
years the lack of parking was quite evident during its �ain
season. However, since C.O.D. has created these new par;c;r.g
lots the parking problems may be a thing of the past.
Observation of the parking lots during October indicated a
vacancy factor of approximately 70$-80$, except in the lot
east of the McCallum Theatre which was overflowing.
A certain amount of the traffic problems also occur because
new people visit the street fair each week and they lack
familiarity with the C.O.D. site. Signs and better traf��c
control personnel are required.
Additional parking analysis may be found on pages 3, 4 and 5
of the initial study response section of this report.
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��J�!".BER _, :-�_
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DISC'JSSION:
C�:.'�ege of tha �eser` Alumni Assoc�ation has requested approval cf
a c�%d:.t�onal use per^�it �or the existing 340 open space "st:eec
ra'_�" ~� oper=te betaeen �:-e hours of 8:C0 a.m. and 2:00 p.m. on
Sa �u_ �a:�s a.^.d �ur.4a��s throughout the year. In addit:.on, apprava�
`o c�e�ate a���.�'_enal days around unspecified holidays :s
racues~ed.
'"he acolicant revuests that the status quo be allowed to continue
ar.d ;n return tha street fair proceeds wi11 be used �o °::^d
scholarsh:.�s at C.O.D. °or needy students.
Staff has received numerous written and oral comments on whet.-:er
or not the street fair should continue to operate and under �,�hdt
conditions.
ISSUES RAZSED ARE AS FOLLOWS:
1. a.
b.
2. a.
b.
3.
4.
City should require an Environmental Impact Report.
City should require an E.Z.R. with the street fair to �e
closed while the £.I.R. is processed.
Street fair to operate Sundays only.
Street fair should operate one weekend per.month or.!��.
Limit items for sale to produce, antiques, food, garage sale
and handcrafted items.
Conditional use permit should be reviewed annually.
5. Require each vendor to use a cash register or require the
Alumni Association to implement a central cash system to
assure proper sales tax records and business licensing.
6. Require all siqns at street fair to ba approved through the
city'•s•.architectural review commisslon process.
7. Require all parkinq lots used by street fair patrons to be
brouqht up to city standards (i.e. concrete curbs, paved with
asphalt and shade trees planted every three parking spaces)
to create a level playing fieid for doing business in e
city.
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8. ?r�v�sicn o� ad2;•.:a�e :es�rccm fac�' �•
��_ _es.
9. Provision o� a revenue and expense statement detail�r.g ::�,,
much is received and how it �s spent.
=J. i�affic ccr.yest�on.
11. ?ark'_ng p:cblems.
12. Trash yeneration.
13. Impact on police, fire and health services.
14. Impact on public facilities (C.O.D. and McCallum Theatre;.
15. Stress on local residential areas.
16. Concerns for customer service, stolen and counterfeit
merchandise.
17.
18.
19.
Perpetuating a poor shopping image which is contrary to the
goals of the city.
Concerns over whether a tax supported entity should create
retail competition which does not have to live up to usual
city standards.
Fairness issue.
STAFF RESPONSE TO ISSUES RAISED:
1. The street fair has operated at varying sizes for at least
seven (7) years. Its present level of operation has existed
• for several years. The city is aware of the environmental
impacts created by the "street fair". This is not a situation
where we have a request for a proposed use which we need to
carefully analyze before we allow the use to begin operation.
In staff'9 opinion an EZR at this �ime would merely confirm
what i9 obvious from observation of the ongoing operation.
2. The arqument for Sundays only has some merit. Presently few
busin��ae9 other than the Town Center and Marshall Center are
open Sunday9. Traffic on Sundays is considerably lower than
Saturday9 which is almost the same level as weekdays.
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�z '��:e �as� �?�;��„ss�cns ::ave been held over whether t`:e s}:Ao-
�ai� shou�d ccerate �ust one aeekend per month. This :�c;:��
��sult :n a:oss oF ccnt�^u�t•� but this should not be �::e �ase
__ _,. �e�� �� ^�erate S�r.days only.
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:'`:�s `•,�e c� solu}ion, i� it would be a solution, :�oul� �e
c�%s'_s�en� with the ci�y's usual processing of C'JP's. =�--
�::s�a^ce, if a restaurant aishes to locate in an area :�here
��y �:.:�e parkir.g is t�ght then the city has limi �ed "-e
bus�^ess to hours which create less impact on the area l�.e,
ccerate as a d�nner house cnly, opening after 5:30 p,;n.�,
3. T`;e argu:�ent to limit items for sale is that it would d±�ec�
the street fair back to its roots which was with the farr�ers
market and not compete directly with Iocal businesses.
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Staff is reluctant to endorse this type of limitation g�•�e:�
the difficulty it would create for code compliance to
determine what merchandise would qualify as ant�que,
handcrafted, etc. As well, staff is reluctant to create a
precedent of limiting articles sold. For instance if a new
Italian restaurant wished to locate in an area where we have
an existing Italian restaurant, would the city require that
the new restaurant be something other than Ztalian. This has
not been required up until now.
4. Require annual review of the conditional use permit. :'he
ordinance permits CUP's to be re-evaluated at anytime the
operation fails to perform within tha conditia�s as imposed.
For instance, if a condition were imposed requiring t:�e
applicant to provide adequate onsite traffic control personnei
and then we have ongoinq traffic problems, staff would require
additional personnel to direct traffic. If the applicant
refused to provide additional personnel, then staff would
schedule the matter for a new public hearing.
5. Require that each vendor use a cash register or that t!�:e
Alumni Association establish a central checkout system. This
would assure that all sales tax is collected. The city does
not r�quire retail businesses to use a cash register. Zf the
Stat• Hoard of Equalization requires the use of cash
reqi�t�rs, then it should enforce this item.
6. Require all siqns at street fair to be approved through the
architectural review commission procesa. In the Town Center
signs inside the mall are not required to be approved through
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`ve yl-L�
�OVEMBER 5, 1�91
t:�e ARC . S igns
�o be approved
be imposed.
?aG� ��
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visible from public streets should be requi�ed
by the city. A condition to this effect ��i�
7. �e�u�re parking lots to comply aith city standards if they are
util�zed by street fair patrons. Failure to require this
would be another example of an uneven playing field.
These oiled parking lots were recently installed by C.C.�.
without review or approval by the city.
In so doing C.O.D. added 640 parking spaces which are all
available for parking during the "street fair" . In fact t;-:ese
parking lots, due to their close in location, become first
choica parking areas.
These parking lots fail to comply with city standards with
respect to curbs, drainage, parking space size, turning radii
of driveways, lack of asphalt surface and lack of one shade
tree per three parking spaces.
If it is the city's goal to upgrade the street fair operation
then the parking lots would be a good place to begin.
However, if the city chooses to maintain the status quo
regarding the appearance of the street fair then these
functional parking areas could be left as is. The aesthetic
issue is discussed later in this report.
8. The restrooms available during the street fair hours appeared
adequate on the days and hours that staff visited the street
fair.
9. Opponents feel that if the Alumni Association is going to base
its request to operate below usual city standards on the fact
that money raised by the association goes to scholarships to
needy students, then the association should provide an expense
statement detailinq how much is received and how it is spent.
Staf� have never required an applicant to submit a financial
disclowse statement in order to process a CUP nor have we
placed such a condition on a CUP.
We ara reluctant to do so in this instance considering the
precedent it miqht create in processinq other CUP requests,
however, we understand that this is an unusual matter we are
dealing with and that the reason we are considering allowing
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�_=.1,� _ .
}:�:e activity is that it cLaims to spend prof��s cn
scholarships. Commission should determine whether a fiscal
report should be provided.
1Q. T:affic congestion around College of the flesert has been an
cngoing problem during peak hours of the street fair. Durir.g
recent visits to the street fair these former congestion
problems appeared to have been substantially mitigated.
The addit�onal parking, which will be discussed further under
item 11, seems to have improved the traffic cir�ulation.
Also, turning movements have been restricted along Fred waring
Drive. Additionally, public works traffic division has a list
of other traffic improvements which will be conditioned (see
memo dated 10-18-91 attached�.
11. Parking has definiteiy been a problem in the past. Cars
circulated around waiting for a space to become available.
This Qroblem occurred because the vendors set up on the main
college parking lots which left little close by parking
avallable to patrons.
The three newly created lots provide 640 additional spaces
within a reasonable distance of the street fair. These spaces
are in addition to the 448 permanent spaces located west of
the McCallum Theatre.
As is discussed further in the response to the environmental
checklist later in this report the parkinq areas were
approximately 20$ - 30$ occupied during staff visits to the
site except for the lot to the east of the McCallum Theatre
which was over 100�. In order to reserve this lot for patrons
we will condition that this lot be closed until the street
fair opens and also condition that vendors and employees be
required to park in the oiled lot located at the north end of
San Pablo which was totaily empty.
Staff ieels that the parking problem has been effectively
mitiqated by the addition of 640 new spaces, alb�it they are
not tn•�lots which conform to city standards.
Ths stz��t fair presently operates a free jitney service to
brinq p�ople from distant parkinq area9. This service shculd
be continued:
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12. Trash generat�on has not been a problem in that the A�;::^n:
Association has the area cleaned after each day's use. '"he
association reports that its cleanup crews usually pick up 30-
40 trash bags per day. These are deposited in the C.O.D.
dumpster area which the association helped to expand. As for
i:npacting on area landfills, it is minimal considering the use
and activities. In addition the Alumni Association will be
required to comply with the city's recycling ordinance to
reduce waste generated at the site.
13. The impact on police, fire and health services have been
ongoing for as long as the street fair has operated. ':he
Health Department conducts ongoing inspections of food sales
outlets. The police visit the site regularly. Their comments
are included later in this report as are the Fire Department.
With closer scrutiny of the street fair on an ongoing basis �
it is felt that previous fire department problems will be
mitigated. With the zespect to the problem of the sale of
stolen or counterfeit merchandise the Alumni Association
reports that its policy is to immediately ban any vendor who
is cited by police.
14. Impact on public facilities (C.O.D. and McCallum Theatre) has �
been a problem in the past as various users of the C.O.D. site
competed for parkinq spaces. C.O.D. is used for various uses
durinq the weekend and this was evident durinq visits to
. C.O.D. in that parking lots off the north rinq road were 20� -
30$ occupied.
Major impacts could be expected on days in which the McCallum
schedules afternoon perfvrmances. This matter should be
worked out between the parties (i.e. C.O.D., Alumni
Association and the McCallum Theatre). Perhaps matinee
performance9 could start at 2:30 or 3:00 p.m. to allow street
fair parkers to leave.
15. Stress on local strsets has been a problem in the past. As
a result o! lack o� onsite parking and cireulation problems
on tha sit� people tended to drive throuqh and park in
adjac�tst r�sidential areas.
Givan ttl� b�tter onsite parking situation it is felt that this
probles has been mitigated.
10
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15. Concerns �or customer service and the sale of stolen and%or
counterfeit�nerchandise have been raised. With respect to ~�e
sale of stolen or counterfeit merchandise the sher�F��s
�epartment has an ongoing operation to detect same and
�=�secute pea�etrators to the full extent of the law.
Also, the Alumni Association has a policy that any vendor
cited for sale of stolen or counterfeit merchandise is
immediately banned from further sales.
With respect to customer service it is questionable whether
a shopper looking for a bargain at the street fair expects t::e
same level of service that a shopper on E1 Paseo demands.
17. Concern was raised that the street fair creates a poor
shopping image which is contrary to the goals of the city.
The city does attempt to create an attractive shopping
environment to entice shoppers to the city. In so doing we
recognize a need to be attractive to shoppers of various
economic segments.
We understand that some would say that the street fair does
not meet the minimum shoppinq environment which the city
� normally requires (i.e. parking lots) but given the volume of
shoppers who visit the street fair it might be asked, "Why fix
something if it isn't broken." Also, if the street fair �s
improved by developinq a theme element, as has been suggested,
: it could be argued that it will be more directly in
• competition with existing community businesses.
18. Concern has been raised over the appropriateness of a tax
supported entity creating retail competition which does not
have to live up to the usual city standard9. This is a
political issue which would be better responded to by the
elected body which oversee9 the Colleqe of the Desert. With
respect to the appropriatene�s o� establishing this large of
a commercial enterpri9e at this location it is unlikely that
the city would hsve zoned this area for commerciai use. The
str�tt� �air i� an activity whieh tho city haa in effect
inh�rit�d. At thi� time the city will attempt to evaluate the
onqoinq op�rat3on to see if a CUP can be approved and if so
what condition� are necessary to reduce it� impact on
perman�nt buainesse�.
19. The fairness 19sue relates to sevezal areas .which were
addressed previously such as the parking lota which don't
11
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VaVEMBER 5, 1�91
P �G� i 3
comply with city standards, allowing businesses which don'�
have to be reviewed through the city' s ARC process and perhaos
foremost the concern that these businesses are tax payer
S�CDOrted in that they make use, at very little cost, of
fac��'_ties that were built at tax payer expense.
20. Ccncern has been raised that not all vendors at the street
fair have a city business license based on sales volume. The
city business license department visits the street fair on a
regu�ar basis checking for licenses. Also the Alumni
Association requires proof of city license prior to leasing
a space to a vendor. City business license department �s
confident that all vendors have a current city business
license. With respect to reviewing business licenses the
department advises that renewals are based on sales volume.
In addition the business license department requires proof of
sales tax permit prior to issuing a business license.
21. The Chamber of Commerce suggests that acceptance cf vendors
should be based on their origin with Palm Desert first,
Coachella Valley second and out of valley third. Staff has
no position on this request.
22. The chamber requests that the code officer monitor the street
fair and its compliance with conditions and that the street
fair be charged�extra for this. Code complian�e al:eady
visits the street fair of a regular basis. The director of
code compliance advises that he favors a citywide annual
registration tax in that the street fair is similar to other
commercial area9 in this respect.
23. The Chamber of Commerce in its memo received October 23, 1991
suggests that a condition be imposed which requires that:
An advisory board to the Street Fair be
created ' which would include
repreaontative� from Street Fair
Manaqament, C.O.D. Alumni Association,
Pal� Oesert Chamber of Commerce Board of
Dis�ctors, Palm Desert Town Center, E1
Pa1�o 8uainess District, Highway 111
Busin�sa�s and tho City of Palm Oe�ert.
This board would meet periodically or
whenever necessary to review Street Fair
operation9, the relationship between the
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S`reet =a�r ar.d other Palm Desert
busir.esses and any other relative issues.
Staff feels that this type of committee would be better
ccr.sidered as a request through the elected board at the
cc��ege rather than as a condition on the CUP.
IV. CONCLUSION:
StaFf feels that the street fair has become an expected shopping
ex�erience :.n Palm Desert for residents and tourists alike. We see
it continuing to operate in a fashion which will impact less on the
city and the city's business community.
Staff is persuaded that while the street fair does attract shoppers
to the community, it may negatively impact on some of the permanent
business community. In processing all other conditional use permit
requests, staff and planning commission listen to the proponents
and opponents and then try to apply appropriate conditions which
mitigate the concerns raised by opponents.
We will attempt to do the same here.
The planning issues raised from staff's point of view are traffic,
. . parking and aesthetics.
Staff is convinced that the new parkinq lots have done much to
alleviate the parking problems. As was noted elsewhere in this
report traffic on Fred Warinq and Monterey are approaching design
capacity for six days a week. Saturday is a major shopping day in
• the city and it is shown in recent traffic counts which showed just
200 fewer cars per day on Saturday than Friday for south-bound
Monterey in front of C.O.D. (i.e. 10,956 versus 11,100). Sunday
was considerably lower with 8538 southbound movements.
If the street fair were not operating on Saturday9 trafiic in the
Monterey-Fred Waring area would be expected to be less. Shoppers
attemptinq to qo to El Paseo or the Town Center-Mar�hall's Center
would hava less difficulty getting to their destinations. By the
same tok�n s!'wpp�rs preaently spun-off from the street faiz would
not be in th� community.
As well, i! the street fair operated on Sundays only, it would
compete directly with fewer permanent bu9inesses in that other than
the Town Center and Marshall's Center individually awned businesses
tend, at the present time, not to be open on Sunday.
. ;. �;;;-
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Some people commenting on this case have suggested that the street
fair should be dressed up, i�nproved and needs to more closely
approx�:nate the city's image. Staff has difficulty taking a
positi�n on this issue and will defer to commission. If we say yes
to requiring upgrading than we are going to create more direct
ccmoetition then presently exists. Presently there are distinct
dif`erences bet�reen the street fair and other city businesses. If
the street fair is upgraded to a higher level then this distinction
will be olurred. Commission/council should determine this issue.
Staff will recommend approval of the street fair at its present
size, but limit it to all day Sunday only. If it is deemed
essential that the Alumni Association operate the street fair on
Saturday then commission/council could consider allowing the street
fair to operate on Saturdays from 7:00 a.m. until 10:00 a.m. This
would avoid peak traffic hours (i.e. 10:00 a.m. through 1:00 p.m.)
and would avoid direct competition with most city businesses which
typicaily do not open until 10:00 a.m. As well this would brinq
shoppers into the city who could go on to other shopping areas in
the.city after the street fair closes.
Staff feels that some of the issues which have been raised are
policy matters which need to be established by commission or city
council. As mentioned previously in this report �staff is not
prepared to take a position concerning whether the aesthetics of
the street fair should be improved. If it is determined that it
should be "drassed up" then staff will process those improvements
through the Architectural Review Commission.
Other issues which staff is not taking a position on are:
i. Whether the Alumni Association should be required to provide
a financial disclosure statement.
ii. Vendor origination.
iii. Advisory eoard.
With respect to items 11 and iii staff feels they should be left
to the elect�d Collego of the Desert Hoard of Trustees. The
planninq com�ission or city council should determ=ne whether a
financinq diaclosur� statement is required.
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14
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'�0'✓EMBER 5 , 1991
°_�G� ' �
. FINDING3:
In order to approve a condit�onal use permit the planning
ccmmission must make or a�firrn the Following findings:
A. '�'hat the prcposed location of the conditional use is in accord
with the objectives of this title and the purpose of the
district in which the site is located;
B. That the proposed location of the conditional use and the
. conditions under which it would be operated or maintained will
not be detrimental to the public health, safety, or welfare,
or be materially injurious to properties or improvements in
the vicinity;
C. That the proposed conditional use will comply with each of the
applicable provisions of this title, except for approved
variances or adjustments;
D. That the proposed conditional use complies with the goals,
objectives, and policies of the city's general plan.
RESPONSES:
A. The site is zoned P(public) and the ordinance pezmits a wide
range of uses and activities in the P zone subject to the
approval of a conditional use permit. One of those permitted
uses is the outdoor sale of goods and merchandise. The street
fair is a use which is consistent with purpose of the P
(public) zone.
B. The continued operation of the street fair and the conditions
under which it will be required to operate will assure that
it will not be detrimental to the public health, safety or
welfare or be materially injuriou9 to properties or
improvements in the vicinity.
C. The continued operation of the street fair and the conditions
under which it will operate will result in compliancs with the
applicabla provisions of the zoninq ordinance except for the
de�iqn �tandards for parking lots which hava been in�tailed
by Coll�q� o! the Desert for u�e by students and street fair
patro�a. The�a new lots were not reviewed or appzoved by the
city stsd a variance from the osdinance is not deemed
noc�ssasy. . ..
D. The continued operation oi the street fair compiie� with the
goals, objectivea and policies of the qeneral plan
particularly as they relate to the development of
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VI.
relationships bet�een land use mixes within the city that ^�ee~
the basic human needs of the city and regarding the provis�on
of an orderly balance of public and private land uses in the
c���.
Staff feels that the required findings can be affirmed based on t!:e
conditions which are recommended.
CEQA ANALYSZS:
The street fair has operated for at least seven (?) years. Its
environmental impacts are well known and compliance with the
conditions imposed will result in mitigation to a level of
insignificance (see environmental checklist and responses attached
to this report). A draft negative declaration of envizonmental
impact is attached to the draft resolution of approval. No further
environmental documentation is necessary.
VII. RECOMMENDATZON:
Staff recommends:
A. Adoption of the findinqs. �
H. Adoption of Planning Commission Resolution No.
approving CUP 91-13, subject to conditions.
VZZI.ATTACHMENTS:
A. Draft resolution.
H. Legal notice.
C. Commenta from city departments and other agencies.
D. Plan9 and exhibit�.
, � �
Prepared by
Reviewed and l►pprov�d by
SRS/tm
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16
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I.
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T0:
DEPARTMENT UF COA4S[JNITYrDEVELOPME.*iT
TRANSMITTAL LETTE'
Honorable Mayor and City Council
�,„ ,
. .-� l� . _
II. REQUEST: Consideration of an appeal to a decision of the
Planning Commission approving a request by the
College of the Desert Alumni Association for
approval of a conditional use permit and Nagative
Declaration of Environmental Impact as it relates
thereto, to allow continued operation of the College
of the Desert Street Fair at the College of the
Desert between 8:00 a.m. and 2:00 p.m. on Saturdays
and Sundays on a year-around basis and additional
days around certain holidays.
III. APPELLANT:
IV. CASE NO:
V. DATE:
VI. CONTENTS:
A.
B.
C.
D.
E.
F.
G.
City of Palm Desert
CUP 91-13
December 12, 1991
Staff Recommendation.
Discussion.
Draft Resolution No. 91-139
Planning Commission Minute9 involving Case No.
Planninq Commission Ftesolution No. 1546.
Planning Commission Staff Report dated November
Related mapa and/or exhibits.
CUP 91-13.
5, 1991.
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A.
H.
STAFF RECOlglENDATION:
Adopt Resolution No. 91-139 approving the continued operation of
the College of the Desert Alumni Association Street Fair, but with
its operation being limited to Sundays only and subject to other
conditions delineated in the draft resolution.
DISCUSSION:
This matter was before the planning commission at its November 5,
1991 ca��tinq at which time the commission approved the on-going
street fair with its present Saturday and Sunday operation, subject
to other conditions delineated in Plaruzing Commission Resolution
No. 1546 attached hereto.
November 18, 1991 City Council Member ean Benson called the matter
up for council review. ��
�
�
__ ___ _ . . ... ___ __ _.
-.-- _- -� RESOLUTLU:J :�o. ;� -�
DECEMBER 12, 1991
�.�.G� � �
Staff considered this CUP request as we do all other CUP requests
Staff considered all of the impacts which we could reasonabl•
identify by observation or which were brought to our attentic
through written or oral submissions. Based on this input proposE
conditions mitigating the impacts were identified. There is ont
significant difference however. The street fair has operated for
several years. Further, the operation is continuing while the
issue is being resolved.
The major discrepancy between the staff recommendation and the
final planning commission decision was the question of whether the
street fair should be permitted to operate on Saturdays. Staff had
taken the position that since traffic volumes are higher on
Saturdays (22$ higher than Sunday) and that additional conflicts
and congestion are created by the street fair for traffic
attempting to shop elsewhere in the city that the street fair
should be limited to Sundays only. In addition this addressed part
of the issue of unfair competition in that a significant number of
permanent businesses are not open on Sundays.
The applicant contended that the staff report had no basis foz•the
negative traffic assumptions that it ascribed to the street fair.
While a formal traffic study was not undertaken traffic counts and
experience of what occurs on Saturdays and Sundays along Fred
Warinq Drive and Monterey Avenue cannot and should not be ignored
Planning commission considered the issues and we will attempt '.
summarize the main ones here. Regarding the issue of unfa�_
competition commission felt that it should not be in the position
of restraining trade. With respect to the practical issues of
traffic, parking and public safety, commission felt they were not
problems.
In the matter of congestion in the area of the street fair causing
problems for shoppers attempting to qet to El Paseo and the Town
Center the commiasion felt this wa9 a two-way street in that
congestion around the Town Center impacted on people attempting to
get to the street fair. Staff would point out that the Town Center
was constructed after it was approved which followed the
preparation of an E.I.R. and extensive public hearings. The city
wa9 awaz'r o! what the impacts would be and appropriate mitigations
were co�ll�ted (i.e.-street widening, etc.).
This l�ads to an issue which was not discussed by the planning
commission, but which has been asked in a recent telephone
conversation. Should the street fair, if approved, be conditioned
2
�,.. • 1 �.V�J1�1..iL
CUP 91-13
DECEMBER 1Z, 1991
�
RESOL:.'�'iiV _`J� . ?' -
P�G� ��
to pay TUMF
use is an
department
writing of
works.
(Transportation Uniform Mitigation Fee) inasmuch as the
ongoing periodic commercial use. The public works
has been asked to research this question. As of the
this report we have not had a response from public
Also, this conditional use permit if approved is based on the
provision of parking as it exists at this time. As the applicant
has indicated, these lots are temporary in that long term plans for
the college provide for the construction of buildings in these
locations. If this occurs in the future the applicant will need
an amendment to this CUP approved by the planning commission to
continue operating the street fair at that time.
As indicated earlier the planning commission action was to approve
the street fair to operate on both Saturdays and Sundays. The vote
was 4-0-1 with Commissioner Spiegel abstaining.
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Prepared by:
Reviewed and
SRS/tm
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Approved by: �
MEEiING DATE ,� i ��.- ICl `
�SCOhTINUEO TO _____ \ L._� � �j '�.�
� PASSEO t0 2Np qEADING
�
R�'SOLUTION
A RESOLUTION OF THE CITY COUNCZi. OF THE CITY OF
DESERT, aLIFOP.NIA, APPROVING A NDITIONAL
PERMZT .._. ALLOW THE CONTINUED O1�-�RATION OF
COLLEGE OF THE DESERT ALUMNI ASS�CIATION STREET
AT THE COLLEGE OF THE DESERT.
CASE N0. CUP 91-13
*10. �32-5
PALM-r
USE p�GE �i
THE
FAIR
WHEREAS, the Planning Commission of the City of •Palm Deser-
California, did on the Sth day of November, 1491, hold a duly notice..
public hearing to consider the request of the COLLEGE OF THE DESERT
ALUMNI ASSOCZATION for approval of a conditional use permit to allow the
Alumni Association Street Fair, having a maximum of 340 sales spaces on
Saturdays and Sundays between the hours of 8:00 a.m. and 2:00 p.m. and
additional days around certain holidays, located at the northeast corner
of Monterey Avenue and Fred Waring Drive; and
WHEREAS, the Planning Commission by its Resolution No. 1546
approved the continued operation of the street fair; and
WHEREAS, a timely appeal to the decision of the planninq commission
was submitted; and
WHEREAS, the City Council did on the 12th day of December, 1991,
hold a duly noticed public hearing to consider the appeal; and
WHEREAS, said application has complied with the requirements of the
"City of Palm Desert Procedure for Implementation of the California
Environmental Quality Act, Resolution No. 80-89," in that the director
of community development has determined that the project will not hav
an adverse impact on the environment and a draft negative declaratic
of environmental impact has been prepared; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to
be heard, said City Council did find the following facts and reasons to
exist to justify the granting of said conditional use permit:
1. The proposed location of the conditional use is in accord with
the objectives of the zoning ordinance and the purpose of the
district in which the site is located.
2. The proposed locaticn of the conditional use and the
conditions under which it will be operated and maintained will
not be detrimental to the public health, safety or general
welfare, or be materially injurious to properties or
impsovements in the vicinity.
3. Th� proposed conditional use will comply with each of the
applicable provisions of this title, except for approved
variances or adjustments.
RESOLL'TIC:� V0. 9''-5
P3G� ��
4. The prc�osed conditional use complies with the goals,
objectives, and policies of the city's adopted general p1an.
HOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Palm Desezt, California, as follows:
1. That the above recitations are true and correct and constitute
the findings of the city council in this case and which is
�based on information contained in the staff report for Case
No. CUP 91-13 dated November 5, 1491 and the minutes of the
Planning Commission hearing of November 5, 1991.
2. That a Neqative Declaration of Environmental Impact (Exhibit
"A" attached hereto) as it relates to Case No. CUP 91-13 is
hereby certified.
3. That approval of Conditional Use Permit 91-13 is hereby
granted, subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting af the Palm
Desert City Council, held on this day of , 1991, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
AHSTAIN:
RICHARD S. KELLY, Mayor
ATTEST:
RAMON A. DIAZ, Secretary
SRS/tm
2
RESGLU'L'ION tiUo ��'-�
P �G� � 9
� CONDITIONS OF APPROVAL
CASE N0. CUP 91-13
Department of Community Development:
r
1. That the operation of the "street fair" shall conform substantially
with exhibits on file with the department of community development/
planning, as modified by the following conditions.
2. That the operation of the "street fair" described herein shall be
subject to the restrictions and limitations set forth herein which
are in addition to all municipal ordinances and state and federal
statutes now in force, or which hereafter may be in force.
3. That each vendor at the "street fair" shall hold a current city
business license and display same in a prominent location. College
of the Desert Alumni Association shall require evidence of said
valid business license prior to leasing sales space to all vendors.
4. That all vendors at C.O.D. Street Fair shall collect California
State Sales Tax as required by the State Board of Equalization.
5. That all food sales vendors at the street fair be certified, on a
regular basis, by the Riverside County Department of Health.
Evidence of said certification to be displayed prominently.
College of the Desert Alumni Association shall require evidence o
valid certificate from Riverside County Health Department prior t
leasing sales space to. any food vendor.
6. As a condition of approval of this resolution approving CUP 91-13
and to the extent permitted by law as a condition of approval of
this resolution containing findings and certifying the negative
declaration of environmental impact with respect to this project,
College of the Desert and College of the Desert Alumni Association
hereby agree to defend, at their sole cost and expense, indemnify
and hold harmless the City of Palm Desert, its agents, officers and
employees from any claim, action or proceeding filed against the
City of Palm Desert, its agents, officers and employees as a result
of the local agency's approval of this resolution, including but
not limited to: 1) actions or proceedings to attack, set aside,
void, or annul such approval; or 2) actions or proceedings that
seek� dasages as a result of such approval.
The City of Palm Desert shall promptly notify College of the Desert
and College of the Desert Alumni Association of any such claim,
action or proceeding. Further, College of the Desert and College
of the Desert Alumni Association shall conduct the defense and
3
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v '.
8. Provide a liaison who will be trained by the fire department
to a�lf-inspect booths, vendors and food services for basic
firs safety compliance. This person must have the authority
to enforce basic fire safety codes.
4
control the defense. The City of Palm Desert shall cooperate fully
in the defense of any such action.
7. That the C.O.D. Street Fair shall operate on Sundays only from 8:00
a.m, to 6:00 p.m. throughout the year. Street fair may operate a
maximum of two (2) additional days per year with the prior written
approval of the city's community development director.
8. That the oiled parking lot located east of the McCallum Theatre be
closed to parking prior to 5:00 a.m. on Sundays.
9. That the oiled parking lot located at the southwest corner of San
Pablo and the east driveway entrance to College of the Desert be
reserved for vendor parkinq only during the street fair. The
Alumni Association shall require all vendors to park in this lot.
10. That any vendor signs visible from any public street shall be
approved through the city's architectural review process.
11. That adequate restroom facilities be open and available during
hours of street fair operation. Adequate signage to be provided
to direct patrons to restroom areas.
12. That any electrical hook-ups at the street fair comply with all
relevant provisions of the national Electric Code as adopted by the
City of Palm Desert.
13.
14.
That the street fair shall participate in the city's recyclinq
program to reduce solid waste generated at the site.
That the s�reet fair be limited to a maximum of 340 sales spaces.
Riverside County Fire Department:
1. Provide site plan detailing allowed parking areas and vendor/booth
locations. This plan to ensure fire access is unobstructed. No
deviations from this plan will be permitted without prior approval
from the fire marahal.
2. A. Provide solution on how to control parking violations in fire
lanea, red curb areas, and in front of fire appliances.
__
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C. Provide '� designated person who shall have the ultimate
authority at the site during operating hours and who shall be
solely responsible for immediately correcting violations.
Department of Public Works:
1. Within 30 days of the approval of this conditional use permit the
applicant shall submit a parking and traffic circulation control
plan for review and approval by the director of public works. The
subject plan shall address site access restrictions, lane closures,
parking restrictions and any other issues deemed appropriate by the
director of public works or his designated representative.
Riverside County Sheriff's Department:
1. The Alumni Association be required to employ an extra duty deputy
a minimum of four hours per month to check and investigate vendors.
SRS/tm
5
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EXHIBZT A
Pursuant to Title 14, Division 6, Article 7, Section 15083, of the
California Administrative Code.
NEGATIVE DECLARATION
CASE N0: CUP 91-13
APPLICANT/PROJECT SPONSOR: College of the Desert Alumni Association
43-500 Monterey Avenue
Palm Desert, CA 92260
PROJECT DESCRIPTION/LOCATZON: Approval to allow continued operation of
the 340 v�ndor space College of the Desert Street Fair at College of
the Desert located at 43-500 Monterey Avenue in Palm Desert.
The Director of the Department of Community Development, City of Palm
Desert, California, has found that the described project will not have
a significant effect on the environment. A copy of the Initial Study
has been attached to document the reasons in support of this finding.
Mitigation measures, if any, included in the project to avoid
potentially significant effects, may also be found attached.
RAMON A. DIAZ DATE
DIRECTOR OF COP+II�ItJNITY DEVELOPMENT
SRS/tm
L
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Mr. Leung informed her they would be more than 20 feet and
indicated there would be four units on that side: two bedrooms
and two baths and one owners unit with three bedrooms and a
full garage. He said that all of the front units would be
three bedroom units with fully enclosed garages.
Ms. Stewart asked what owners unit meant.
Mr. Diaz clarified that it meant nothing; an owner could
occupy that unit, but it was not in any way required.
MR. W. KUDDLE, 44-525 San Carlos, informed commission
that his property joined the rear of the project. He
requested assurance that no windows faced the rear area.
Mr. Leung did so and Mr. Kuddle said that was his main
concern.
Chairperson Wh3tlock closed the public testimony.
Commissioner powns corrected community development department
condition no. 6 to read six foot block wall. Staff concurred.
Action:
Moved by Commissioner powns, seconded by Commissioner Spiegel,
adopting the findings as presented by staff. Carried 5-0.
Moved by Commissioner powns, seconded by Commissioner Spiegei,
adopting Planning Commission Resolution No. 1545, approving
PP 91-11, VAR 91-6, PMW 91-10, subject to conditions. Carried
5-0.
G. Case No. CUP 91-13 - COLLEGE OF THE DESERT AL(JI�I
ASSOCIATION, l�ppllCant
Request for approval of a conditional use
permit to allow continued operation of the
Coilege of the Desert Street Fair at the
Colleqe of the Desert between the hours
ot 8:00 a.m. and 2:00 p.m. on Saturdays
and Sundays on a year-round basis and
additionel times around certain holidays.
Mr. Smith outlined the salient pointa o
including the ieaues that had been raiaed
submissiona as delineated in the staff
13
f the staff report,
in oral and written
report. Mr. Smith
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concluded by recommending that the street fair should operate
on Sundays only between the hours of 8:00 a.m. and 6:00 p.m.
He stated that Saturday operations should be eliminated due
to the higher traffic volumes and the additional conflicts
created by the street fair for traffic attempting to shop
elsewhere in the city. Mr. Smith advised commission that he
had surveyed the street fair--most recently on Saturday,
November 2, 1991. At this time the lot south of Park View was
80$ full, the lot west of McCallum Theatre was 90� full, the
lot east of McCallum Theatre 100$ full, and the lot at the
golf academy was 80� full. He indicated that these numbers
were considerably higher than those observed October 5, 1991.
Chairperson Whitlock thanked Mr. Smith for such a complete and
thorough report. Commissioner powns asked if all the vendors
had city business licenses; Mr. Smith stated that code
compliance department regularly visited the site twice per
month and checked for that and the code compliance director
said he felt very comfortable that all the vendors had
licenses. Mr. Smith added that on the public works condition
it should say 30 days, not 80 days, for the submission of the
traffic control plan.
Commissioner Spiegel informed commission and the audience that
he was a current member of the College of the Desert
Foundation Board of Directors, which raises funds for the
college, and because of that he would be abstaining from the
discussion and voting.
Commissioner Jonathan noted that in staff's conclusion it was
stated that while the street fair attracts shoppers to the
community it may negatively impact on some of the permanent
businesses in the community. Mr. Smith clarified that he was
referring specifically to the ability of shoppers entering the
city to get to their destinations because of the volume of
traffic and ths conflicts created around COD on Saturdays.
Commissioner Jonathan clarified that to mean that shoppers
going to the Town Center or El Paseo were hindered by street
fair conqeetion. Mr. Smith concurred and felt this was more
so on Saturdays than if it were in operation only on Sundays.
Chai�raon Whitlock opened the public testimony and asked the
applicar�t to address the commission.
DR. GEORGB addressed the commiseion and said that as he
saw it, there were two main isauea: 1) the strength of
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higher education in the valley; and 2) the impact of the
street fair on the retail establishment in Palm Desert,
specifically as to the nature of the impact being either
positive or negative. He said that higher education was
not a technical part of the planning commission's agenda,
but indicated that it was part of the college's agenda
and part of society's agenda. He stated that the street
fair had become an extremely important, vital part of the
college's financial strength and they were committed to
pursuing the integrity of the street fair as long as that
was prudent. He also added that when he said that he was
not implying that the opponents were against education,
they simply did not agree on the prospective of the
street fair's impact on the retail establishment. He
indicated that if one believed that the street fair was
a negative impact, you might come up with certain
conditions and issues; if one believed that it was
positive, another set of conditions would be arrived at.
At the college they felt that the popular street fair
activity was not only not having a negative impact on the
retail environment, but was having an overall positive
impact on the environment. Customer surveys indicated
that individuals coming from all over the region shop at
the street fair and continue on to the Town Center, E1
Paseo, gas stations and restaurants and other retail
establishments in the valley. He felt it was very
difficult to prove the allegations or comments made by
either side. He indicated that in terms of gross retail
sales activities, Palm Desert had improved its position
in the valley from 12$ in 1982 to approximately 25$ of
all retail sales in the valley as of 1990 and Wheeler's
Desert Letter could support those figures. Palm Desert
eclipsed every other city in the valley and was now
generating about $50 million more than its nearest
competitor and in the last year, three and five year
periods had increased its retail sales more than any
other city in the valley. He felt that these figures
reflected a retail environment in excellent health. He
suggested that his participation in a total retail
�nvironment, as they have grown in the last three years,
Maa strongly indicated in the information that was found.
H� euqqested looking at the number of street fair
v�ndors, or swap meet vendors; those individuals
poaitioninq themselves around the valley to develop their
own interpretation of the street fair should the college
lose it. He indicated that if that occurred the city
15
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would see a substantial loss to the Palm Desert retail
environment. He felt that Palm Springs and Cathedral
City would love to have traffic jams people thought were
occurring as people get to the retail establishments.
He commented that the College of the Desert Alumni
Association attempted to address every planning issue
raised by anyone in this process, from providing parking
guards to parking lots, which were built at no small cost
even if they were not aesthetically pleasing and sited
on areas of the college that would be new buildings that
would open in the future. They could not afford and did
not see the propriety of putting in new parking lots and
then ripping them up in a short time. He accepted the
fact that the street fair was not perfect but they had
attempted to address the raised issues and accepted most
of the recommendations by staff except the condition for
Sundays only. He felt it came from the concept that the
street fair was negative to retail establishments and
Sunday only sales would drive the vendors out into the
other street fairs that would come up rapidly once this
street fair was gone, thereby killing the street fair.
He felt this would be the perfect ploy if the city wanted
the street fair dead. He said that if the college were
unsuccessful in not having the street fair two days on
the weekend, they would stop the street fair now, rather
than seeing it die a slow, lingering death. He felt that
rather than fighting within the retail establishment in
Palm Desert, why not have them join together in
developing a unique, whole retail shopping experience.
They had made suggestions about sharing in the problems
and sharing the opportunities, and sharing the cost of
a marketing program and developing a unique, creative
transportation system that would help alleviate some of
the congestion problems staff brought up. They were
prepared to work together with any and all merchants in
Palm Desert to make this the strongest retail environment
within the desert. He felt they had shown that they
could draw individuals in, despite the bad economic
timee, and felt that they would continue to persevere
xith an active, strong street fair as a primary retail
�vironment within the valley. He concluded that the
fpCiety could not have it all ways. He denounced the
c�ondition of education and felt it was in deplorable
condition and felt those that pleaded for assistanc� in
terma of a competent work force were the very peopie
trying to shut down the street fair and those would be
16
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the first ones to say that good employees were needed,
and the college understood that and was trying to provide
them in a society that was continually failing to provide
adequate resources even though the college was a tax
supported organization. He felt this was a local, social
and in some cases a national issue. He asked for
approval of the conditional use permit with the
modifications suggested and felt that would be a vote for
higher education and strong retail health in Palm Desert.
MS. JULIE BORNSTEIN, President of the College of the
Desert Board of Trustees, informed commission that the
four areas she wanted to cover were the facts, funds,
fairness and fun of the street fair as put forth by the
COD Alumni Association. She also congratulated staff on
the thoroughness in presenting to commission the issues
raised by some of th� representatives of the local
merchants. She indicated that there were many members
of the chamber that were commercial residents of E1 Paseo
and participants in the Town Center Association who
support the continued success of the street fair and feel
it enhances their business. She did not feel the
position taken was the position of all since she also was
a member of the chamber. She stated that the facts have
been put before the commission and it was true that a11
their vendors have city business licenses, state sales
tax numbers, 70$ of their vendors were members of the
community college district and many of those things had
always been true. She stated that it was also true that
on their own they submitted to the jurisdiction of the
city, while respectfully disagreeing with the implication
of the staff report that previous case law had so
required them to submit. She said there were very clear
distinctions between the one case that came down
governing this issue and the street fair, but as a
continued good neighbor of the city they voluntarily
submitted to the city's jurisdiction so that they might
work toqether to create a healthy, integrated retail
environment. She felt the facts were out there. She
noted that Dr. George stated how necessary the funds were
to them and she felt that was a very important point.
?'A�y were beinq criticized for being a non-profit entity
thet operates a street fair on the weekend, but if one
looked at precedent set by most of the public schools,
they would see that in order to supplement state funding
they have bake sales, wrapping paper sales, book sales,
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and candy sales, which all compete with local merchants.
She stated that the precedent was certainly there and
they do it on a broader scale. She felt this was
traditionally how public entities have supplemented state
funds by going into the community and selling products
and in this case they have had a street fair that had
grown over the years and provided a sale of product. She
indicated that the sales generated were vital and
necessary and would be more necessary next year because
of the expected S8 billion state deficit, and she did not
feel the governor would suggest another tax increase to
close that deficit. There was a major portion of the
staff recommendation that the college disagreed with;
that being the recommendation that the operation be cut
in half and not be there on Saturdays, only Sundays. She
noted that as the suggestion did not work for Solomon in
dividing the baby betNeen two mothers, that solution
would not work for the street fair. She said it was
clear to them, and felt there were some people present
willing to open street fairs and that have been present
for previous meetings, to see exactly what would happen
to them because they have their plans ready to go to
provide a swap meet operation outside the city's
jurisdiction and the college vendors would go there. She
did not feel the vendors could be expected to pay them
twice as much money, which was being recommended by
having one sale day only, because they would have to
double their booth fee. If staff's recommendation was
followed and the baby split in half, the baby would be
dead. She felt it was crucial that the commission be
persuaded that the street fair should be open the two
days. In terms of fairness, aesthetics and traffic, she
indicated that 289 vendors meant 289 additional
businesses were paying for licenses and sales tax
revenuea to Palm Desert. With the closing of the street
fair, 289 businesses would be lost. She said that 70�
of thoee vendors reside within the community college
dietrict and in doing so they contribute not only like
any other resident because they operate businesses at
ttMir atreet fair, they probably bank at our banks and
sp�rid the majority of their proceeds here because this
� Nhere they live and conduct their entertainment, as
�11 ae enhance the local community. She said that 30�
of the vendors come from outside the area, which meant
they generally come on Friday night and reside at loca�
motela, paying the occupancy tax and eating at local
18
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restaurants which generated income for those businesses.
They often purchase needed items in the area and purchase
gasoline here, which benefited the overall commercial
environment in the city. They stay over again Saturday
night, generating income for hotels and restaurants, and
leave on Sunday afternoon. As an overall comment, she
indicated that the staff report assumed there was a
negative impact to the local business environment. She
said there was not a single bit of data indicating a lose
of sales by anyone and the growth data indicated that in
spite of a weak retail economy Palm Desert had its retail
sales growing and more revenue was generated here than
for cities twice Palm Desert's size, age, and national
recognition. She felt the assumption of a negative
impact on the commercial environment was false; no data
had been presented and no findings could be made on any
particular evidence or�fact--it was only an assumption.
When questioned, staff's assumption was that people had
trouble making it through traffic and assumed that
everyone came down Monterey. She thought a lot of people
used Highway 111 and did not even come near the college
when traveling to other shopping areas in Palm Desert.
She indicated that the concerns of staff on the
environmental impact report were agreeable to them, but
felt that traffic issue should not limit the street fair
to Sunday and did not make sense. She used as examples
the traffic from students to the college during the
school week that were not present on the weekends, of
which there were parking permits issued to approximateiy
4,806 students, 775 staff inembers, 52 motorcycle permits,
for a total of 5,633 vehicles that visit the college
Monday through Friday. In addition to that she pointed
out the visitor parking area, special event parking areas
such as the foundation house that were not included in
that count and indicated that those people were not there
on the weekend. She felt that traffic was down on
Saturday compared to the rest of the week and perhaps
even lower on Sundays. She did not feel it was of such
significant magnitude on Saturday to justify termination
of the street fair and did not feel that the reason of
traffic justified limiting the number of days for street
tair operation. She stated that most of the conditions
were supported by the college such as the materials and
they supported staff's position on the annual review,
cash registers, and reminded everyone that the reason why
the college submitted to this process was at the request
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of the business community to have a level playing field,
and suggested that it run level in both directions and
that they should be treated the same as the business
community. She felt this also applied to the sign
approval to which they concurred. She stated that they
have an on-campus recycling program and did not have any
objection to belonging to the city's program and felt
there were adequate restroom facilities. In terms of the
impact on public facilities, they would operate with the
rest of the college and the McCallum Theatre to reduce
any problems and felt that could be done internally. The
impact to local streets she felt relied on past impacts
and one issue at the college for students and staff was
lack of parking. When she ran for office that was the
biggest issue presented to her in her election campaign.
She stated that they had never had the money to build
those lots before and how the lots were there and they
served the students during the week and noted that the
amount of students since she had been in the valley had
grown from 6,000 to 11,000 district-wide and they needed
those lots. She also felt they really helped to mitigate
the traffic problem. She pointed out that there was an
inconsistency in the staff report where they said that
traffic was a problem, but the new parking lots made the
traffic go much better and that some of the lots were
only 20$ to 30$ occupied. She felt that perhaps traffic
might have been a problem in the past, but was not a
problem now that the new lots had been provided. She
stated that from time to time traffic was a problem in
many commercial areas: the day after Thanksgiving the
parking lot at the Town Center was inadequate and
everyone knew there were cars parked up and down Monterey
on both sides of the street and persons running across
the street and that was not a situation unique to that
day and occurred often during the high-peak vacation/
shoppinq time. Also, in front of the Hoard of Realtors
when the boerd meets the parking lot was inadequate and
cara w�re on the street and slowed down traffic on
M�ntorey. She said these were things they attempt to
��ticipate and work out with the individuals or entities
�Osicerned and resolve them ar►d that didn' t j ustify
.ffiso�ring the baby out with the bath water. She suggested
t!!�t co�iaeion was using a somehow perceived delay in
traific without any specifice and without ariy data
concerning a negative impact would be an inappropriate
conciusion. She said that she wae very proud of Palm
20
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Desert's image as a resident and was proud that the
college was located here. She believed that they
contributed strongly to that positive image. She also
felt the positive image could be attributed to the
variety of shopping. On the one hand the commercial
establishment claimed that the street fair was contrary
to a high-image Palm Desert wants to project and on the
other hand they say their customers were being taken
away. If the college was taking their customers away,
then they must be consistent with the image they have--
and if they aren't their customers, because they are
beneath the level of customers they are looking for, then
she did not see how they were taking their customers
away. She felt there was a variety of customers at the
street fair and felt that was very positive. It was
there for all economic segments and was a fun atmosphere.
She did not feel an rlpen air market detracted from a
positive shopping interest and noted that in biblical
times there were open markets on Mondays and Thursdays
and now in every major city in the world there was an
open air market: Petticoat Lane in London, the flea
market in Paris and Moscow, the street fair in Amsterdam,
the Columbus Circle open air market in New York City,
and felt that most peaple look for an open air market
when in a major world capital because people know it's
fun and a variety of inerchandise could be seen without
making a major investment. She said that people were not
expecting to buy designer dresses at the street fair, or
sheets and towels, or pots and pans, or shoes, but they
expected to go there for fun. If people were ta buy a
roll and coffee or a trinket on the spur of the moment,
that money would not have been normally spent but now
generated sales tax revenue for Palm Desert. She felt
the street fair had a positive impact on Palm Desert and
provided a full range of the shopping experience and felt
some of the other speakers would be able to give the
commission some very specific instances where it provides
a full and complete shopping experience so that people
could shop 'till they drop. Some of the merchants on E1
PaBeo have creatively worked with the street fair and one
lxel gift store recently advertised in the Desert Sun
that if the street fair left you looking, you could go
to their store--they were air conditioned. She felt that
waa a positive way to work with them. She said that in
the past they have offered booths to the El Paseo
Merchants Association and the Town Center merchants for
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free to help educate the street fair participants and
shoppers to know what else was available in the city.
They also provided a number of booths to non-profit
organizations so that they would have a way to get their
message out at no cost and to a wide variety of people.
She said they had done and would continue to do what they
could to make the street fair a first-class operation.
She indicated that the street fair manager Betty Houston
was also present, as well as Alumni Association Director
June Teran, and they had developed a logo for the street
fair and they had shopping bags, sweat shirts, t-shirts,
and a brochure at the street fair telling how the money
was spent. She noted that while in the past they have
provided mostly scholarship money, it now generated funds
to keep the child care facility open, to provide
furniture on campus that they have no other funds to pay
for them, and provided the parking lots that had been
long needed, not only for street fair shoppers, but for
their students who attend to complete their education.
She said that if the commission adopted the resolution
and cut the street fair down to one day, it would kill
it. She noted also that there was a condition incl�ded
requiring a full indemnification of actions brought
against the city by the College of the Desert. She
stated that it was her understanding that was not a usual
condition and not normally done and the only precedent
was the bighorn sheep development. She asked again for
a level playing field and asked that the street fair be
kept open for two days a week--it was good for the
community and was supported by the entire Coachella
Valley and was fun. That would be fair and it also
generated funds.
Mr. Diaz informed commission that the first time the condition
for indemnification was imposed was on the Altamira project
that involved the Bighorn Institute; this was the second time
it was being imposed and commission would see it more and
more--probably on every major conditional use permit or
application. He said it was nothing new and the County of
Riv�sside had been doing that for a nwnber of years; he noted
that th� County of Riverside imposed the same condition on the
Big?f0�ti Inatitute expansion, so it would be seen more and
mor�. Staff recommended that the condition remain. Upon
queationing by Commissioner Richards, Mr. Diaz clarified that
the implicatians af the condition were that if the conditional
use permit were approved and litigation wae filed against the
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city, then the applicant would be required to pay and mount
the defense for the city. He also indicated that if the
condition was not in there, the city would not be required to
defend either--they could throw in the towel and go home; he
said this meant that even if the condition was not present the
city would not necessarily defend the litigation. The
condition meant that the applicant would have to pay for the
defense.
MR. DAN EHRLER, Executive Vice President for the Pa1m
Desert Chamber of Commerce, said that as communicated to
commission recently, this had been an interesting
experience and provided a lot of education and was an
eye-opening experience and ultimately it could and should
be more positive for the community as a whole. He said
that the chamber of commerce was before the commission
in support of the applieation with conditions. He stated
that staff did have some 23 and more issues brought up
originally. He was pleased that there had been a very
complete communication process in the decision making and
to the best of their ability they had brought down those
issues from 23 to 10 at the meeting that was held with
the chamber of commerce's board zepresentatives
subcommittee on this issue and through the communication
with the college they were able to essentially agree upon
seven of the items. There was agreement on those seven
items that were being suggested as conditions and there
were just three that remained at the end af that meeting
that they disagreed upon. One of those was the item
dealing with an advisory board which would include
representatives from various geographical commercial
areas in the city, the city itself, COD, the Alumni
Associatian and so forth. It was believed by the
committee and supported by the board that the advisory
committee wouid be advantageous to the communication
process between all facets of the business community and
they felt the street fair was a very viable business and
had proven such within the community. He said that after
the meeting with COD representatives, the committee still
vade that recommendation to the board that they be
included, which the board endorsed. The second area
still being recommended was that an environmental impact
r�port be completed. The belief of the board and
eubcommittee was that an E.I.R. would provide solid
empirical data that could specifically answer the kind
of questions dealing with safety and traffic congestion
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that was well presented by city staff in the report.
There were still concerns even with the additional
parking lots and in reviewing staff's report, there was
still concern that cars were still on the streets and
would continue to be there. He said that neither the
board or the subcommittee had seen the staff report. He
said that he would be reporting back to the board and to
the subcommittee and felt the staff presentation might
satisfy them regarding the continued recommendation for
the E.I.R. being completed. Regarding the Sundays only
recommendation, he said that came up from the economic
development advisory board members and came up a number
of times in meetings between various merchants from not
only E1 Paseo, but also the Town Center. He reminded
everyone that the Palm Desert Chamber of Commerce was an
organization that was formed by business people
representing a cross section of the business community
from all over the community. Those representatives were
from the service, retail, and financial industries and
that board of directors reviewed and looked at the
conditional use permit and in their vote to endorse the
recommendation of the subcommittee, they were reflecting
the constituents regarding these issues. He felt it was
the board and subcommittee's belief that the Sundays only
operating hours would be advantageous to the total
community and would still be successful for the college,
their goals and the participating vendors. He said that
the board and subcommittee shared the concerns that Dr.
George said about education and appreciated that fact and
felt they were sensitive to educational needs and knew
that there were positive aspects of the street fair
impacts, but it was also believed strongly by merchants
and business people of various geographical areas within
the community that it had negative impacts and it was
that belief that was reflected in the recommendations
that the chamber of commerce presented to commission that
they felt should be adopted. He said that the chamber
was strongiy dedicated to an appropriate decision making
procese and responded to a request by a number of
bwineeaea for a position. They went through a
rliberate process to best represent their members and
� they felt about this isaue. He indicated that their
!'�coomendationa were not unanimous and there were some
bu�ineaees in the community that disagreed with the
recamendations the chamber presented to the commission.
Mr. Ehrler stated that it was not the chamber's intent
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or a ploy that the street fair be closed down. This only
reflected what they received from their membership on
what would be appropriate. In terms of competition, it
was believed by community businesses that there was
unfair competition going on at the street fair versus
what the other businesses have to do to maintain their
operations and businesses. He commended COD in
proceeding very quickly, judiciously and positively to
meet the concerns that had been received. It was
believed by businesses that the chamber's recommendation
was still right and he hoped their recommendation would
instill a more fair and competitive marketplace in this
community. He noted that there was a disagreement and
that was the way it was and both sides very strongly
believed their courses were correct. He addressed
comments by Ms. Bornstein regarding Solomon and recalled
that the baby was saved because the real mother said,
"Sacrifice me". He was not saying that the chamber's
recommended solution was that mother saying let's save
that child, but that it was a very sincere, honest
attempt at coming to a resolution of a very difficult
situation. He appreciated the commission's consideration
of their request.
Chairperson Whitlock asked what the criteria was that
determined there was a negative impact on the existing
businesses given the fact the street fair had been in
operation for about seven years. She asked how it was
determined by the merchants that it was a negative impact.
Mr. Ehrler indicated that the street fair had been growing and
maturing into a viable business operation. The board had been
told that there was a marked decrease in foot traffic during
that time of the operation and given the understanding of the
economic situation, during that period of operation they were
negatively impacted and when customers or patrons of both or
all of the shopping areas brought items into the stores, they
noticed an item just bought for a different price.
MR. HEN WATSON, 73-280 Santa Rosa, informed commission
that he lived across the street from the street fair and
indicated that in his surveys made every Saturday and
sunday morning when he woke up, he noticed a lot of noise
riqht at daylight and while he also enjoyed the street
fair, he felt there was still a big problem with the
parking, which he observed every Saturday and Sunday.
He felt one of the reasons the parkinq lot was not filied
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up was because people didn't know there was parking there
and said he went to the college and even offered to help
make signs to let people know there were parking lots on
the college site. He also indicated there were safety
problems and said he would like to see the parking
problems/traffic cut down in their neighborhood. He
stated that people crossing Fred Waring/Monterey against
traffic presented a safety problem also.
MS. MARY ANN HUTCHINS, owner of Kitchen Fancy located for
19 years at 73-930 E1 Paseo. She implored the commission
to consider the permanent business community of Palm
Desert and the amount of foot traffic generated by the
street fair on the weekends directly affecting all
merchants in Palm Desert: the Town Center, Cook Street,
One Eleven Town Center and E1 Paseo. She said that 14
months ago she spen� almost 5100,000 on interior
renovations for her store. That required numerous city
permits, many fees were charged and she paid them to
better her business in Palm Desert. She said that the
college said they were not retailers, but they competed
directly with the retail force in this small desert. She
thanked commission for their consideration for the
merchants who work six to seven days per week in
buildings they rent and who pay payroll taxes and support
the college. She said that she recently taught a class
at the college and was currently involved in one of their
annual fund raisers and she supports the community and
recognized the importance of education, but felt the
street fair was big retail. She supported the stand
taken by the chamber of commerce and felt it would put
all of them on equal ground. She also appZauded staff
for their Saturday support given to them.
MR. DARRYL SPEACH, 78-655 Villeta Drive in La 0uinta,
stated that he represented the Director of Marking for
VZP Coaetal Transportation and they were the ones with
the limousines, busses, and VIP express taxi-cab vans.
H� said that every weekend Thursday through Sunday they
svn a shuttle and that shuttle goes to El Paseo, the Town
C�nter and the Desert Fashion area in Palm Springs. He
said they also have a shuttle that stops off at the
street fair that was done with a coach. He said they
have 25 taxis on the road in the Coachella Vailey and
they would be adding 16 more within the next one or two
monthe. The amount of Saturday and Sunday trips from
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major and small hotels throughout the whole valley to the
street fair was enormous and was growing consistently.
He felt that had to do with the concierge at the hotels.
He also felt that street fairs were fun and malls were
everywhere and a shopping mall was a shopping mall. He
felt a street fair was unique to each area. He said that
he had visited street fairs in Rome and San Francisco and
each one was unique and sold items unique to that area.
Because of that the concierge and front desk people
recommend the street fair as a unique opportunity to go
out and see the palm trees, get some fresh air, get a sun
tan and do some shopping at the same time. He indicated
that he talked to his drivers and people seemed to buy
things like t-shirts, fun things, southwestern cactus
and things like that. He said that more interestingly
is that after the street fair, they go on over to Sizzier
for lunch and to the Tawn Center and shop or to E1 Paseo
for lunch and shop there. The trips were not just ta the
street fair and back. He said they have pick ups at the
Radisson, Hyatt, and Palm Springs Hilton. He noted that
they were in the process of establishing discounted meter
rates and for Hyatt Desert Champions, Marriott Desert
Springs, and the new Weston they have established rates
considerably less than what would be on the meter to go
to these shopping areas. He said this promotes
themselves and shopping in Palm Desert. He asked that
the commission consider this and stated that he was
willing to work with E1 Paseo and the Town Center and the
street fair. He said they would like to take people to
all of those locations. He felt that it would slit the
throat college to only have it one day.
MR. DALE HODGES, 73-373 Country Club Drive, stated that
he was a Palm Desert resident and a general partner of
Native Cycles and affiliated with the Tri-A-Bike store
on San Pablo. He was in support of the college and
because he was in the bicycle business he said that he
would be before the commission again when bicycle paths
and the CVAG proposal came before them. He said he was
not present to talk about bicycles in general or that
more bicycles would mean fewer automobiles, but was
qiving commission the response he got from the Alumni
office staff when he approached them with an idea for a
guided tour around the college campus itself and they
took his idea and ran with it in a sincere way to
encourage him to take his patrona up onto El Paseo for
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a guided tour and to point out the highlights and
merchants along the route. He asked that commission
consider the earnestness of the Alumni in their outreach
to the conventional, traditional marketers in the area.
MR. TED GUSTON, a five year Palm Desert resident, felt
that the chamber wanted to change the ordinance to help
them and now they were turning around and deciding that
as far as unfair competition was concerned that they
should be open six days a week and on the one day they
rest, the street fair operation should be in operation.
He felt this was reverse unfair competition and people
coming to Palm Desert on Saturdays to the street fairs
would not have the entity to go to and would go to their
stores. He felt the chamber of commerce was jealous and
did not realize the business that was brought to the
retail community. He felt the retail stores were doing
less that before and also that street fair vendors were
also doing less than before. Everyone was struggling as
hard as they could and he felt the street fair was one
of the biggest draws Palm Desert had and to curtail it
to one day a week would reduce the tourist rate here.
He said that he did not see the gasoline stations,
restaurants, or the theaters or other vendors/merchants
coming to the city saying they don't want the street fair
here on Saturdays because they receive benefit from it.
He felt the chamber did not get their way so they wanted
the street fair closed down completely and to allow only
certain items to be sold. When that did not work, they
got the ordinance changed to their favor and now wanted
to close the street fair on Saturdays. He said that they
were dealing with people who only wanted to benefit their
own operations and yet� many merchants on E1 Paseo, in
Rancho Mirage, and in Palm Desert were still closing
three montha per year and somehow they were still making
enough money and their income was going up. He stated
that this wae all started by one merchant who opened a
store three years ago in Rancho Mirage and took a look
at the street fair and decided he wanted all the revenue
�t the street fair going to him so he started this
�xees and the city was going along with it.
Iat. MZCH�►BL 9U�,KE, a resident of Palm Desert, informed
Commiasion that he had been involved in thia issue since
it started and felt that the previous speaker might have
been talkinq about him. He stated that he opened his
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store four years ago and the gentleman who just spoke had
the business ethics of a rattlesnake and that gentleman
was a vendor who sold him merchandise at his store. He
said that he was doing business in buying that
gentleman's merchandise and again stated that he had no
problems with the swap meet--he did not want it in Palm
Desert. He said the reason it was brought up on
legalities was down the road and it was in the courts and
he indicated that with Mayor Snyder not being present the
city council had not voted that ordinance through, and
according to what was going to happen, he was going along
with that and there would be a change in the ordinance
and the city would decide what the conditions would be
for a conditional use permit. He wanted to make clear
his own position and said that he was buying merchandise
to sell at what he felt was a fair mark-up price. Then
he found out that the vendor opened a stand at the street
fair/swap meet and while he was seiling a ring for 55.00
and was it selling for 510.00, this business competitor
was at the swap meet selling the ring for $5.00 to the
community. He said that he does not complain about the
competition, he did what he had to do and was no longer
buying rings and was still making a living and hoped to
continue making a living. He noted the editorial in the
Desert Sun of October 26 regarding, "Street Fairs, Tough
Business for Valley Cities" and felt enormous decisions
for planning committees and city councils were being
made. He felt that whatever happened with Palm Desert
in allowing this to go on and what had happened in the
law process in the last seven months was water under the
bridge. He believed there would be more swap meets and
these types of organizations going on and there was an
articie by Mr. Eichelberger who was running the Expo lil
in Coachella who had obligated himself through the paper
that he would contzibute 5100,000 to the college. He
thought that was wonderful and hoped that he was able to
continue his own contribution because he was a firm
believer of the College of the Desert in Palm Desert and
was thrilled to have it here. His complaint and
irritation was not on any emotional factor and was not
a ploy of being against education or motherhood, it was
atrictly on a legal basis and he felt it was handled
�cactly that way. He felt the whole procedure came down
to the bad guys, who were the legitimate business owners
and residents of the city and anyone who opposed the swap
meet was automatically against the College of the Desert.
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He felt that he could not beat that image and for the
newspaper to pick up the type of report that the
merchants on E1 Paseo or Town Center were robbers because
they try to charge a legitimate mark-up to support their
families and the city where they pay taxes and do the
legitimate things they do to support their businesses--
that makes them outrageous retailers. He did not believe
that but was glad that he could have his opinion and
could respect the opinion of the opposition. He said
that was the balance of what he had to say, noting that
he was not a member of the E1 Paseo Husiness Association
but was welcomed by them because of his stand in txying
to iron out the legalities of the street fair, and that
his personal feelinq was that whatever the planning
commission felt was correct for Palm Desert was something
the residents of Palm Desert and the people shopping in
Palm Desert would have to live with. He hoped the
commission would come to a decision based on the
chamber's recommendation and was sure there were many
hours of contemplation toward what decision to be made.
He said he was not against any free enterprise and
anybody making a living and as far as any name calling
and slinging was concerned, he felt he did not get
involved with anything like that but wanted to get his
position across and he conqratulated staff on their
wonderful understanding of the aituation and wished the
commission the best in making the correct decision for
Palm De9eZ't.
Mr. Diaz noted that so far points were being argued but felt
the last two speakers were getting down to personalities and
did not feel that was Palm Desert and asked that the
discussion be kept to the points.
MS. IDA BRONOWITZ, a vendor at the street fair, said that
she had been there for the past sia or seven years. She
said that the previous qentleman talked about legitimate
businesses. She said that they were legitimate business
people also and they had a license to operate. When they
talked about competition, what happened to Marshall's,
�.ab�ls for Less, Standard Shoes, what happened to
Eabazon. She said that they did not put El Paseo out of
buainess--E1 Paseo put themselves out of business.
Cabazon came in with their factory etorea and the same
storea were on E1 Paseo today and she felt that they
should be fighting Cabazon becauae they were the same
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company stores as what was on E1 Paseo. She said they
were legitimate business owners trying to earn a living
the same as anyone else that operate six days a week.
She indicated that many of them were retired people and
they were not looking for charity, but were trying to
earn their own way the best they could on what they had.
She felt it was very unfair for them to talk about
putting them out to only one day per week. She stated
that there was fair competition everywhere in the world
and she had been to street fairs in Italy, Hong Kong,
Spain, England and many other places and they had not
effected the businesses over there at all and this would
not effect these business either if they would
concentrate on what they had to do instead of
concentrating on what people were doing at the street
fair. She informed commission that a lot of people from
E1 Paseo came to the street fair to buy merchandise to
sell in their stores.
�
��
MR. KEN POLLARD, seller at the street fair, stated that
he had two points he felt compelled to discuss. He said
they heard the points about competition and how unfair
they were and the way they compete and indicated that
they were only trying to run a legitimate business and
offer something to the public. The free enterprise
system founded this country and that was why people live
in the United States and why people love it here and many
ancestors came here for that reason. If it wasn't
religious freedom it was free enterprise so that they
could start with nothing, like Marriott did selling A&W
Rootbeer for only a nickel and now there was a Marriott
Desert Springs in Palm Desert now. That was a free
enterprise system that founded that type of thing. The
same as Hob's Big Boy--he wondered if someone complained
about Kraft when he had his cart and decided to cut
cheese up and sell it in slices. He said he wondered if
the stores tried to make him a second class citizen--he
doubted it. He felt that was what was being done to them
now. He wondered if the people offering the one day a
nNk could take a 50$ cut in their monthly salary and
�till make those house payments, charge accounts or
NCond mortgages, put the kids through school and pay for
�oee braces on a 50$ cut in their wages. He did not
think it would be that easy to just go somewhere else and
replace that income.
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Chairperson Whitlock asked Ms. Bornstein if she wished to make
a final statement.
Ms. Bornstein felt that it was clear that there was a lot
of emotion generated by this dispute and they regretted
that. She believed that the community would be best
served if they all worked together to enhance the
community and make a wholesome and integrated retail
environment. She said she was present to answer any
questions. She indicated that the street fair in
addition to the taxes it pays through sales tax or
business licenses, also employs over 200 people every
weekend including 11 students. She stated that this was
not an illegitimate business. It was a major employer
that just happened to exist only two days a week. In
addition, the Alumni Association was the operator of the
street fair. They werera non-profit organization and if
a for-profit business enterprise took the street fair and
moved it out of the city of Palm Desert as some of the
speakers in opposition suggested might satisfy them,
money made by the operator would leave the city as we11.
Many of those operators didn't even reside in Riverside
County. The College of the Desert as a non-profit
organization puts all of those proceeds back into the
community by scholarships, allows students to attend the
college and have money for living expenses spent in this
community, and operates a child care center that provides
child care, a recognized public need in the community,
plus other items at the college they would not otherwise
have the funds to provide, but which were essential to
meet their educational purpose. No money generated by
the operator of the street fair left the area. They
stayed here. As a non-profit organization their goal was
to provide a fun experience for those who participate and
to provide a fair operation for those in the city whether
they be in city government, city tax payers or members
of the city buainess community. They also believed that
free enterprise was the key and were somewhat surprised
and had discussed completely with the chamber a
�Ailosophy that seemed to be contrary to what most
�sb�ra of commerce would do in supporting free
iet�rpriae and they were able to discusa that fully
b�cause the controls they suqgested seemed contrary to
that philoeophy. They recognized that many items they
were already doing and many were suggestions that would
enhance the street fair and thoae were welcomed. She
32
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P.�G� S 3
felt the condition of limiting the street fair to Sundays
only was intolerable and while Solomon ultimately did not
kill the baby because in his wisdom he realized that was
not the solution, but was simply to flush out or identify
the real mother, he had logic to support his wisdom. She
did not feel the commission had logic or fact to support
the belief that the street fair was the cause of the
disappointment of the merchants. She felt there were
lots of reasons the merchants might be disappointed with
their performance and they at the college would like to
work with them to erase that disappointment and help them
to recognize their goals and in the academic programs
they had the resources to help them do that. In terms
of the street fair, she felt there was no data to show
that they were the cause of their disappointment and felt
the contrary was true. She asked that the commission let
the status quo to continue and felt they ran a fair and
fun operation and generated funds that stayed in the
community and by limiting the street fair they would
surely leave.
Chairperson Whitlock closed the public hearing and asked for
comments from the commissioners. .
Commissioner Jonathan said that he would address the question
of competition head-on because that seemed to be the center
of much of the discussion. He said that the planning
commission was present to review an application for a
conditional use permit and as planning commissioners would
follow the question of competition to its logical conclusion.
The question of whether there was competition caused by the
street fair that created a detriment to other merchants either
was there or not. If it did not create unfair competition,
the question was moot. If it does cause competition to other
merchants, then as planning commissioners they had no place
restraining trade. In granting a CUP, they could not look at
the issue of whether competition was created. He noted that
earlier that night they granted conditional use permits for
restauranta, health food stores/delis, office buildings, and
hav� do�o it for dance studios and the list went on. Never
had t�y asked themaelves that if a dance studio were approved
would-it create unfair competition for another existing dance
studio. He said that if competition was not created, the
queation waa moot, and if it did that was not a question for
the planning commission to consider and was still moot and not
part of their discussion. He noted that some of the practical
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aspects of the conditional use permit was the effect on
traffic and the safety of the public. From the testimony
given, he did not feel there was a detriment in the
traditional sense of the conditional use permit. He said that
he lives here, he sees the traffic and did not think it was
bad, especially compared to other traffic problems in the
city. To say that the fair created a problem getting to the
Town Center was literally a two-way street and it could be
said that the mall created traffic jams getting to the street
fair. He did not feel there was enough of a problem to
restrain the operation and he was impressed by the work staff
did and agreed w�th the conclusions except for the limiting
of the operation to Sundays. He felt that Saturdays and
Sundays from 8:00 a.m. to 2:00 p.m. and two additional days
per year was reasonable. He noted that this was a conditional
use permit and if future traffic problems were generated, it
would come back to the planning commission for review and it
could be terminated if the problem could not be worked out.
He said he was ready to recommend approval.
Commissioner Richards reported that he and Chairperson
Whitlock were present at a session of the economic advisory
committee and those minutes were included in the planning
commission packet. He felt that this committee was a good
cross section of people in the city. Among various members
were Mr. Ceriale from the Marriott who had commented that that
was what people wanted--they wanted to experience the area and
that meant El Paseo, the Town Center and the street fair. He
felt there were other benefits that had not been noted. He
said he was a product of the community college system and was
proud of it. He felt one of the side benefits was that people
visit the college and that helped the coZlege. When people
understood that it was there and how nice it was and the
cooperation they hnve extended to the buainesa community was
a benefit. He said this was a political and emotiona2 issue.
He felt that the benefit of what the foundation brought was
very significant, and the negatives when weiqhed with a scale
of justice, he Would have a hard time leaninq toward the other
sid�. H� aleo aqreed that the street fair had problems
ae 1t�d with any big buainess and that was what it had
b � �►t the economic development advisory committee
mN �` it pas looked at iike a business and they discussed
what Mrong and th�re were suggeations made, some of which
th� sta!! included. He felt staff's reco�omendation that came
from th. fire department, the sheriff's department, and the
traffic commieaion should be taken �ithout any changes in
,
34
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PALM DESERT PLANNINr COI�iISSION
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their entirety. He felt the city's traffic engineers were the
finest and if they suggested closing streets or opening
parking lots, or changing exits, that should be done to its
absolute finite point. Likewise if the sheriff's department
wanted someone there four hours a day, he did not feel there
was any possibility of change from a planning standpoint. He
said he was against any restriction of time for Saturdays or
Sundays. He indicated that one issue discussed at the
advisory committee was what the cost was to the city. He also
wondered how many of the 289 vendors belonged to the chamber
of commerce and suggested that the chamber think about getting
them as members also. He felt that the city had many cost
factors--one being that the sheriff's department did not
direct traffic for free. The city would receive the bill for
that service. He also indicated that the business merchants
in town had legitimate questions about whether sales tax was
being collected, whether things were being rung up on a cash
register, but concurred it was not pertinent to talk about a
cash register because it had not been done to anyone else and
he agreed with that. When talking about the absolute cost
factors, he felt there were some other things that staff did
not bring up such as setting a fee structure that would put
support back into the general advertising/promotional
activities of the rest of the city. He felt that the street
fair did not contribute to things like that and there were
some legitimate costs and expenses they should share. He said
he did not have a number, but felt that staff could probably
come up with a cost for the sheriff's department and felt the
city should donate a lot of their time and expertise to handle
the traffic issues and on an on-going basis there was probably
some legitimate costs the college should take a good look at
and some transferring of these costs back to the city should
be imposed. He said they also talked about complaints such
as condition of restrooms, safety of electrical outlets and
things like thet and felt that once the college knew they had
an on-going business that would not be shut down, he felt they
would undertake some capital improvements to handle that and
felt the vendors would appreciate that and he would like to
see that done. He said there was a condition regarding an
advi�o=y board; he felt that was a good deal but advisory
boarde Nith "no teeth" were not really any good and if they
had s� prnver nothinq would happen. He felt that if the board
was c�ated it 9hould be given some power; otherwise, don't
create it.
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Commissioner Richards indicated that his recommendations were
that started with condition no. 7 on page 4, which should be
amended to read Saturday and Sunday 8:00 a.m. to 2:00 p.m.
(College of the Desert representatives concurred).
Commissioner Richards also felt that condition nos. 8 and 9
should be eliminated and public works department with their
traffic engineers should work out a program with the college
and the city being in a lead position to tell them how to run
the parking lots and access points. Mr. Diaz suggested
amending public work's condition to read that they submit a
traffic and control plan for review and approval by the
director of public works. Commission concurred. Dr. George
concurred. Commissioner Jonathan felt that the condition that
the parking lot be closed so the vendors would not park there
should be kept in. Commissioner Richards said that he did not
really like that because he did not know if that was the only
way to solve the problem and was not sure that was the best
thing. He felt that if there was a cooperative city staff and
a college that wanted to do the right thing, this could be
resolved without itemizing every single item. Commissioner
Jonathan concurred that conditions 8 and 9 be eliminated and
would be handled in a cooperative manner. It was clarified
that if a satisfactory agreement could not be worked out
between the city and college, then the planning commission
would decide the issue. Commissioner Richards recalled the
testimony given by Mr. Watson and felt the whole picture
should be considered, not just one area. Commission
determined that the signs were just like store signs and
should be regulated. Commission also discussed condition no.
14 limiting the number of vendors to 340. Commissioner powns
noted that if the number of spaces for rent wasn't limited,
parking space would run out.
Dr. George told the commission that they had no intention of
increasing the size and felt it was as large as it was going
to get.
Commieeioner Jonathan felt the condition should remain and if
th�y �tanted more in the future they could request it.
Com�t�ioner Richards concurred and felt the rest of the
condltione by the fire department and sheriff's department
shou� r�main without change. Commissioner Jonathan concurred
exc�pt for having an advisory board. Commissioner Richards
ciariiied that if an advisory board was approved, he felt it
should be given some "teeth"; othezwise there shouldn't be
one. He felt the chamber, the Town Center and other retailers
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would like to see some sort of association to have a place to
talk and express concerns and that was why it was one of their
recommendations. Dr. George concurred with the chamber and
agreed to work with the chamber and other merchants in town
to address a variety of issues just on the street fair, but
again looking at the overall retail environment they would be
willing to participate in that; however in terms of giving the
advisory committee "teeth", the street fair would still have
to be under the authority of the college and they could not
submit to the authority of some other outside group, but would
be willing to participate with those other merchants to work
on issues about the street fair or retail in general for Palm
Desert. Ms. Bornstein noted that the Board of Trustees was
an elected body and was accountable and had publicly noticed
meetings with public comment provisions on their agendas so
that there was a mechanism to do that and supported comments
by Dr. George that it would•have to remain under the control
and accountability of the body elected to do that.
Commissioner Richards suggested facilitating their request by
having one of the board members attend or speak to it or see
if there was some common ground to create some sort of input
to their group. Ms. Bornstein assured the commission that the
College of the Desert Alumni Association was an association
member of the chamber, like the Town Center and E1 Paseo
Merchants Association, in addition to some of the board
members being individual members of the chamber and many of
the college faculty participated in the chamber functions.
She felt she and Mr. Ehrler could assure the commission that
they would continue to communicate and make sure they worked
together on this. In terms of the legal accountability issue,
they were a publicly elected body and they already had that
accountability there.
Commissioner Jonathan felt the details had been ironed out.
Commissioner Richards concurred except for the issue of public
works working with the college. Mr. Folkers assured
commission that they could "rise to the challenge."
Chairperaon Whitlock concurred with Commissioners Jonathan and
Rich�ds and added that she felt the decision made by the
che�s of commerce was undoubtedly a painful one for them to
mak�"�td conqratulated them on beinq able to come forward and
giv� th�ir opinion and felt that they deliberated long and
hard on the decision they arrived at. She also felt that
staff did an excellent job in coming up with a compromise for
a difficult decision. However, the arguments heard in the
37
MINUTES
PALM DESERT PLANNINr �OI�SISSION
NOVEMBER 5, 1991 —
�� _<
public testimony persuaded her to understand the need for
having the street fair open on Saturdays and Sundays and she
supported the changes that had been made to the conditions.
Commissioner powns also concurred with the changes made to the
conditions.
�
�_
Action:
Moved by Commissioner Jonathan, seconded by Commissioner
Richards, adopting the findings as presented by staff.
Carried 4-0-1 (Commissioner Spiegel abstained).
VIII.
IX.
X.
XI.
ATTEST:
CAROL WHITLOCK, Chairperson
/tm
Moved by Commissioner Jonathan, seconded by Commissioner
Richards, adopting Planning Commission Resolution No. 1546,
approving CUP 9Z-�3, subject to conditions as amended.
Carried 4-0-1 (Commissioner Spiegel abstained).
MISCELLANEOUS
None.
ORAL COI�itJNICATIONS
None.
COP4IENTS
None.
ADJOURNMENT
Moved by Commissioner powns, seconded by Commissioner Spiegel,
adjourning the meeting. Carried 5-0. The meeting was
adjourned at 10:36 p.m.
RAMON A. DZAZ, Secretary
38
RF�GUI.AR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 1991
s : : s s * « « : : - s � : : * « : « . : * : • � * : : , : : :
.::.�
R�SOLUTIOPJ T10. 9`'-5 - �yGT, 59
Upon question by Councilmember Benson, Mr. Drell responded chat the proje�t did meet
the requirement for restaurant parking.
Councilman Crites moved to reaffirm the Council's decision of August 22, 1991, and waive
further reading and adopt Resolution No. 91-117, approving PP/CUP 89-3 Amendment, subject to
conditions. Motion was seconded by Kelly and carried by a 4-1 vote, with Councilman Wilson voting
NO.
Councilman Wilson noted that his objection to the entire project had been stated during
the previous public hearing.
NOri'E: PUBLIC HEARIIYG5 'A' AND 'B' WERE CONSIDERED TOGEI'HER.
A. �OUE5T FOR CONSIDERATION �OF AN AMENDMENT TO THE ZOMNG
ORDINANCE AS IT RELATES TO PERMITTED CONDITIONAL USES IN THE
P-PUBLIC/INSTITUTIONAL ZONE, CASE NO. ZOA91-2 (Continued from the
Meeting of August 22, 1991).
B. �OUEST FOR CONSIDERATION OF AN AMENDMENT TO THE ZOMNG
ORDINANCE AS IT RELATES TO PERMITTED CONDITIONAL USES IN THE
C-1, PG2, PC-3, AND PC-4 COMMERCIAL ZONES.
Councilman Crites noted for the record that he would not participate in the decision-
maldng for this pro}ect because of his employment with the College of the Desen and
potential conflict of interest.
Councilman Wilson staced that he also would abstain because of the appearance of a
conflict of interest.
Mr. Diaz stated that from the headlines in the newspaper and the electronic media, it
might appear that Council would be discussing the Street Fair at College of the Desert
and the pros and cons of that issue. However, he said that was not the issue before
Council at this time. Instead, Council would be considering an ordinance changing che
zoning to permit these types of acdvities as a conditional use in the commercial zones.
He staLed that the ariginal zoning ordinance amendment was to apply only to the P-
Public Institutional zone; however, at the Planning Commission he�ring the Palm Desert
Chamber of Commerce recommended chat the zoning ordinance be amended to allow
similar applications on private property in the City commercial zones. Planning
Commission concurred and sent the zoning ordinance amendment on the public zone to
the Council with a recommendation that both public hearings be held at tt�e same time.
15
RFC'ULAR PALM DESERT r'TTY COUNCII. 11�TIIYG
s• s s s•� s s s s s s s s s s s s«* s��
RESOLUTI0:1 N0. 92-5
OCI'OBER 10, :.99:
: * * . � . : : : * :
PAG� 50
Mr. Diaz stated that what was before Council at this time was two zoning ordinance
amendments that would allow street fairs and swap meets with a conditional use permit
application. He clarified that if a group wished to have a one-time event such as a
moonlight sale, that was allowed under the cunent zoning ordinance under special permit
granted by the Department of Community Development. He said the amendment would
allow the College of the Desert and private property owners to apply for conditional use
permits and allow the City to fully assess and deny or approve such permit subject to
conditions to be imposed on the operation.
He said staff s recommendation was to affirm the recommendations of the Planning
Commission and Chamber of Commerce and pass both of these ordinances to second
reading.
Mayor Snyder declared the public hearing onen and stated that this was not the time when
Council would be approving or not approving the operation of the College of the Desert Street
Fair and that there would be another public hearing to consider it.
MR. DAN EHRLER, Executive Vice President of the Palm Desert Chamber of
Commerce, stated that the Board of Directors recommended approval of the two zoning
ordinance amendments. He said the Board's decision was based on two issues: 1) It
believed that the application process should be applied to both commercial and
public/institutional areas and that this would be the equitable way to address issues suc!�
as open air sales; 2) the City has agreed to receive input from a committee whose
membership is made up of representatives from different business areas in the City and
which will review any and all applications for open air sales received by the City. He
reviewed the procedure the Committee would use in reviewing and making
recommendations to the City.
DR. DAVID GEORGE, President of the College of the Desert, residing at 73-230
Calliandra, addressed the Council in support of the zone change and the continuance of
the Street Fair, noting that he felt it was having positive, not negative, impact on the
Valley, bringing in some 10,000 people every weekend.
MR. HENRY HOYLE stated he would abstain from speaking at this time.
MRS. JLII.IE BORNSTEIN, a resident of Palm Desert and President of the Board of
Trusttp of ihe Desert Community College District, expressed concern with the
recommendation of the Chamber of Commerce to include both instituaonal and
commercial zones in the ordinance amendment. With regard to the Committee to be
reviewing the conditional use permit applications, she was concerned that the College
of the Desert was not included as a representative, and she said she hoped if Council did
choose to have such a committee that the College would be an active participant. She
added that she assumed it was the responsibility of the City to make the final decision
to approve or disapprove the condidonal use permit. She stated that the College was
16
REG ULAR PALM D ES ERT CITY COUNCII. I�TING
�. s. s s s s�* s t s � s s� s s s� x s*** s,
RESOLUTIO:V :10. 92-6
L�
,�
OCI'OBF�t 10, 1991
** s s s s s s s s s s
P�GE �:
strongly in favor of Public Hearing A, changing the zoning in the P-Public/Institutional
area. With regard to Public Hearing B, the Board did not feel it should express any
specific opinion but had no opposition to changing the zoning in the Commercial areas.
She concluded her remarks by saying there was a very strong interest in the continuance
of a very fun public activity and urged the Council to approve the zone change in Public
Hearing A.
MS. ELAINE POIRIER stated she would abstain from commenting at this time.
MS. MARY DUNGANS, Desert Adventures, said she felt the College of the Desert had
done an excellent job with the swap meet ror the last eight years. She added that she
fully supported El Paseo. She said if the College is trusted to train and educate our
children, why can't it be trusted to select vendors for the street fair?
MR. RICHARD HOUGHTON, Attorney, 75-005 Country Club, stated he represented
a non-profit organization known as The Concerned Merchants of the Coachella Valley
which had brought suit against the City in an attempt to have the City enforce the current
zoning ordinance as it is written. He said he had not heard anyone address the issue of
whether outdoor sales was something the City wanted and that those he represented felt
it was not in the best interests of the City to have such outdoor public sales. He
expresseti concern that Council would be voting in a vacuum if it took action at this time
without looking at different conditions or restrictions that would apply to outdoor sales.
Mr. Diaz responded that each conditional use permit application would be handled on
a case by case basis, with each case having its own set of conditions or restrictions
applied. He said Council would have the necessary information to make a decision
because both the applicant and those who may be opposed would be providing ic.
MS. JEAN TURAN, Executive Director of the Alumni Association at College of the
Desert, said she was in complete agreement with Dr. George and Mrs. Bornstein. She
added that the Association would like to have the ordinance changed because it wanted
to be completely legal in the City's eyes.
MR. PAUL CAMPBELL, 72-805 Parkview Drive, expressed opposition to the zone
change and said he felt the current zoning ordinance should be enforced. He said the
zoning ordinance had been in effect since 1975 and that changing it would take control
away frum the City, He added that he felt it should not be changed for a specific interest
group in the community.
Mr. Erwin stated that the City's zoning ordinance was always subject to change, was
constantly being reviewed, and that some portions were required to be reviewed and
updated every so many years.
17
REGIILaR PALM DESERT �'ITY COUNCII� ME�TIl�iG
* : ,� � . * � s : � � : � : .� : : : : * : * *
RESOLUTI0�1 �10. 92-6
OCTOBER 10, �.99�
: * : � � : . � :�« .
P�GE 52
MR. MICHAEL KWAIT addressed Council and stated that he did not like the idea of
a Street Fair being in Palm Desert even though he supporte� the College of the Desert
as a businessman and member of the Rotary Club. He said he liked the City the way
it was and wanted it to stay that way.
MR. ROGER PORTER, 42-501 Flagstaff, Thousand Palms, said he was a seller at the
Street Fair. He said he felt the Council should make a decision now about the zoning
ordinance amendment and that people should wait until the public hearing on the Street
Fair itself to express their opinions.
MR. MARTIN KAUFMAN, 73-690 El Paseo, asked that Council include in the
ordinance a condition that any conditional use permit event that has more than 25 sellers
of new merchandise be required to have an environmental impact report done. In
addition, each seller should have a City business license and a resale license.
MS. BARBARA WATSON said she felt the monetary situation of our educational
institutions was horrible and encouraged adoption of the zoning ordinance amendments.
MR. JIM STRUCK, 73-199 El Paseo, expressed opposition to the zoning amendment.
He added that what bothered him the most was the way this had been handled by the
media.
MS. MARIANNE HODGKINS, Kitchen Fancy, 73-930 El Paseo, said she had supported
the City for many years by paying he� business taxes and hoped the City would now
support the business community and not approve the zoning ordinance amendments.
MR. FRANK VILLANUEVA from Victorville said he was considering starting a business
in Palm Desert and would be in favor of the ordinance amendment if it would help the
community; however, if it was going to affect him as a new business owner, he would not
support it.
With no further iestimony offered, Mayor Snyder declared the public heazing close�.
Councilmember Benson questioned the logic of the Chamber of Commerce wanting the
zoning ordinance amendment in the commercial zones when they can already have
special tvaits.
Mr. IJiaz clarified that the zoning ordinance amendment would allow for an outdoor sales
event as a permanent type of business.
Councilman Kelly said he would probably vote in favor of the zoning ordinance
amendments but would do so specifically so that the issue of the Strett Fair itself can
then be addressed. He agreed with the statement made by a member of the audience
that the Council should be discussing the issue of open air shopping in the City of Palm
18
REC�LTL.AR PALM DESERT CITY COCTNCII, �NG OCI'pBER 10, 1991
. • � � « s . � � : : : � � : : : : * ,� ,� : * : : ,� ,� � « : * « . : .� :
R�SOLUTION :10. 9?-6 P�GF �3
Desert without regard to what is being done at College of the Desert. He said he felt
there were still many problems to be solved. He said this was not a simple issue and chac
there would have to be a lot of discussion and thought given to this issue. He added that
although we all support the College, there must be some kind of compromise.
Councilman Kelly moved to: 1) Waive further reading and pass Ordinance No. 656 to second
reading, amending Chapter 25.38 of the Code of the City of Palm Desert relating to the P-
Public/Institutional District; 2) waive further reading and pass Ordinance No. 6�9 co second reading,
amending Chapter 25.28 and 25.30 of the Code of the City of Palm Desert relating to the commercial
districts. Motion was seconde� by Benson.
Councilmember Benson said she agreed with Councilman Kelly's concerns. She felt this
was a tough decision and said the Council must answer to over 10,000 other constituents,
not just the merchants. She said the Council was dedicated to the City of Palm Desert
and wante� the best for its community.
Mayor Snyder called for the vote. Motion carried by a 3-0-2 vote, with Councilmembers Crices
and Wilsan ABSTAINING.
XIX. ORAL COMMUIVICATIONS - D
None
XX. ADJOU�P�NMENT
Upon motion by Crites, second by Wilson, and unanimous vote of the City Council, ;�tavor
Snyder adjourned the meeting at 8:32 p.m.
/�, � . � •.��/�/
:� � • �• /
ATTEST:
�
!�
SHEILA R. G IGAN, ,C � Y CLERK/P.I.O.
CITY OF PALM DES , CALIFORIVIA
19
REGULAR PALM DESERT CITY COUNCII. MEEI'II�1G
s .� s : : : .� : : * r ,� * � : : * : � « * * ,�
RiSOLUTIO'_V "10. 92-�
OCTOBER 24; 1941
� � � � � : . � « : �: :_
- a_�G� ��+
Councilmember Benson asked that Item I be removed for separate discussion under
Section IX, Consent Items Held Over. Councilman Wilson asked that item P also be
removed for separate discussion.
Upon motion by Crites, second by Wilson, the remainder of the Consent Calendar was
approved as presented by unanimous vote of the Councilmembers present.
VI. ORAL CON�IIViUIVICATIONS - A
None
VII. RESOLUTIONS
None
VIII. ORDINANCES
�or Introduction:
None
For AdoFtion:
A. ORDINANCE NO. 656 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DFSERT, CALIFOItNIA, AMENDING CHAP'TER 25.38 OF THE CODE
OF THE CITY OF PALM DESERT, CALIFOItNIA, RELATING TO THE P-
PUBLIC/INSTITUTIONAL DISTRICT, CASE NO. ZOA 91-2.
B. ORDINANCE NO. 659 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DFSERT, CALIFORrIIA, AMENDING CHAPTERS 25.28 AND 25.30 OF
THE CODE OF THE CTTY OF PALM DESERT, CALIFORIVIA, RELATING TO
THE COMMERCIAL DISTRICTS, CaSE NO. ZOa 91-3.
Mr. Altman askod that this item be continued to the meeting of November 14th.
Mr. Erwin added that the ordinances needed three affirmative votes to pass.
Councilman Crites moved to, by Minute Motion, continue Ordinance Nos. 656 and 659 to the
meeting of November 14, 1991. Modon was seconded by Benson and carried by unanimous vote of
the Councilmembers present.
�
4
b�:Q�1U'I�F.S
r;�GULAR PALM DFSER' �ITY COUNCII. MEE`TING DECE.'�iBER 1�, 1991
e s � t * i sr s s * _ s X �k * yc �k �k # s ic * a� * :s * * s � # t s s * �c s s
R�SOL'u'TI0�3 �10. 9?-5
P��E �, �
C. REOUFST FOR FINAL APPROVAL OF ANNEXATION NO. 28, INCLUDING
AVONDALE COUNTRY CLUB, PALM VALLEY COUNTRY CLUB, REGENCY
PALMS, REGENCY ESTATES, THE VACANT 118 ACRES AT THE NORTHEAST
CORNER UF COUNTRY CLUB DRIVE AND OASIS CLUB DRIVE, THE PAL:�1
DESERT BUSINESS PARK, AND T'HE VACANT PROPERTY AT THE
NORTHWEST CORNER OF COUNTRY CLUB DRIVE AND WASHINGTOIV
STREET.
Mr. Shillcock recommended that the hearing be opened to determine if there were any
protests.
Mayor Kelly declared the public hearing o�en and invited testimony in FAVOR of or
OPPOSED to this request. No testimony was offered, and he declared the public hearing
�losed•
Councilman Crites moved to waive further reading and adopt Resolution ;�10. 91-1 8,
completing Annexation No. 28. Motion was seconded by Snyder and carried by unanimous vote of �he
Council.
l_
D. �QNSIDERATION OF AN APPEAL OF A DECISIOI�1 OF THE PL�NNING
COMMISSION APPROVING A REQUEST BY THE COLLEGE �F THE DESERT
ALUMTII ASSOCIATION FOR APPROVAL OF A CONDITIONAL USE PER:�fIT
AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT �S IT
RELATES THERETO ALLOWING CONTINUED OPERATION OF THE C.O.D.
STREET FAIR BETWEEN 8:00 A.M. AND 2:00 P.M. ON SATURDAYS AND
SUNDAYS ON A YEAR-ROUND BASIS AND ADDITIONAL DAYS AROUND
CERTAIN HOLIDAYS.
Mr. Shillcock stated that staff's recommendation was to open the public heanng, tisten
to any comments from the audience, and cake appropriate action.
Mayor Kelly declared the public hearing ooen and invited testimony in FAVOR of or
t�PPOSED to this request.
MRS. NLIE BORNSTEIN, President of the Board of Trustees of College of the Desert,
requested that the Council continue this matter to the meeting of January 9, 1992. She
said staff's rcport had been received earlier this week and that there were several
conditions that needed to be discussed with there staff and the Board. In addition, she
said they hoped to meet with members of the community to discuss concerns and that
tentative meeting dates had been set. She offered to answer any questions.
No further testimony was offered.
23
r�QNUTFS .
REGULAR PALM DFSER �ITY COUNCIL MEETING DECEMBER 12, 1991
s s s s s s s s s�;�-� s s�** s s t****�' * s* s s x s� s s� s
RESOLUTZON :10. 92-5
P.'1GE 5h
Councilmember Benson moved to continue this matter to the meeting of January 9, 1992.
Mo[ion was seconded by Snyder and carried by a 3-0-? vo[e, with Councilmen Crites and Wilson
ABSTAIMNG.
NO'I'E: At this point in the meeting, the Council continued with items not discussed during the 4:00
p. m. portion of the meeting.
3CD�. ORAL COMMUNICATIONS - D
None
XX. ADJOU�F�VMENI'
Upon motion by Wilson, second by Crites, and unanimous vote of the Council, titayor Kelly
adjourned the meeting at 8:45 p. m. to Closed Session as stated by the City Attorney.
He reconvened the meeting at 9:45 p. m. and immediately adjourned with no action announced
from Closed Session.
RICHA�D S. KELLY,-MAYOR
ATTFST: .
' �, ` .
/ � �
SHEILA R. GIL GAN, C CLERK
CITY OF PALM DESERT ALIFORNIA
24