RECAP: Twentynine Palms Planning Commission, August 6, 2024

Approval of a beer and wine alcohol permit for Family Dollar, flood comments continue, local events venue regulations floated.

Aug 10, 2024

Planning Commissioners met Tuesday evening to discuss approval of a Conditional Use Permit for beer and wine sales at Family Dollar. Photo by Natalie Zuk

On Tuesday August 6, 2024, the Twentynine Palms Planning Commission met for a swift twenty-minute meeting in which they approved a Conditional Use Permit for beer and wine sales at Family Dollar, heard public comments from a local family reeling from the flood, and received a brief update from City Development Director Keith Gardner on future City-sponsored events. A breakdown of the meeting agenda can be found here and video footage of the meeting can be viewed here.

PUBLIC COMMENTS

Chair Max Walker kicked the meeting off with open public comment, where Planning Commissioners again heard from the Walters family who spoke on the aftermath of last month’s monsoon event. Since the July 14 flash flood, the husband and wife duo have been seen speaking out publicly at local government meetings and appearing on local television news stations recounting their post-storm clean-up efforts in their home off Daisy Avenue.

Douglas and Edith Walters speak on the July 14th flood at the 8/6 Planning Commission meeting. Photos by Natalie Zuk

Doug Walters, a math teacher at Twentynine Palms Junior High, said that the recent floods serve as both a learning opportunity and a chance to act:

“One thing that we have learned [also] was that the water flows that have been interrupted because of development have caused major damage to properties surrounding those locations. And what I would like to address specifically is the area over by the cemetery. Since the cemetery has established a berm in the back of their property, which is to the west, and installed a V-channel to the south, that water has been diverted from its natural water flow and it flows down into a collection area just south of their property where they have their heavy machinery. And it pools and then it floods down at a 45-degree angle from that position down onto Encelia, and everything at a 45-degree angle beyond that gets hit with all that water and debris.”

Mr. Walters continued.

Since that time, we've been having almost a yearly conversation coming into City Hall… and asking them you know, ‘What is taking place… to keep this from happening?’ To the best of my understanding, the County of San Bernardino has it in their policies regarding water runoff, that it is illegal for you to divert water from your property onto other people's properties. And they're diverting it into the City's streets. Now unfortunately, there's so much water coming onto your streets that it does not stay within the bounds of those. It jumps the berms going into people's homes coming into their properties, damaging landscaping that they have put into place. And so the question I have for the Planning Commission is, what is the goal that you guys have to keep to keep this type of damage from happening?”

Edith Walters, holding back tears at the podium, described the disarray to her house as “upside-down.”

“I am pleading to you— do something… because somebody has to pay for all that. My insurance only pays $253. I paid $1,000 for a truck to come over and take that sand away and refill the hole that was made. Somebody has to pay. The question is who? Because it's gonna be the neighbors who are building this stuff, or it’s going to be the city who allows them to build that stuff and didn't oversee the consequences.…”

Before Chair Walker closed public comments, Community Development Director Gardner told the Walters that he and City Manager Stone can meet with the couple after the Planning Commission meeting concludes.

“So after this meeting—if time permits if you have a few minutes—the City Manager and I will speak to you about your situation,” stated Gardner.

Chair Walker also read aloud a letter submitted by Astrid Johnson of Morongo Basin ARCH advocating for a weather emergency shelter that allows pets. The Twentynine Palms Senior Center, which serves as one of the local cooling centers when weather exceeds 115 degrees, does not currently allow pets—only designated service animals. The Twentynine Palms Senior Center also recently served as an ad hoc resource center during the City’s post-storm cleanup and information outreach efforts, dubbed the local assistance center, or LAC, by the City Manager.

COMMISSION COMMENTS AND REPORTS OF MEETINGS ATTENDED

Commissioners Krushat, Cure, and Walker spoke enthusiastically of a recent stargazing event and lecture held at Sky’s The Limit Observatory. Walker said he also attended Theatre 29’s Summer Youth Theatre Program, encouraging folks to go to see more plays throughout the rest of the year.

CONSENT CALENDAR

The sole item on the Consent Calendar was approval of the July 16 meeting minutes. Motion proposed by Commissioner Krushat, seconded by Commissioner Leslie Paahana. Approved 5-0.

PUBLIC HEARINGS

CUP23-000010 Family Dollar for the addition of a Type 20 Alcohol License

Resident Eric Menendez addresses the Twentynine Palms Planning Commission on corporate dollar stores impacting local businesses.

Community Development Director Gardner spoke about a Conditional Use Permit filed by Family Dollar to sell beer and wine at their Adobe Road location. The caveat to issuing this particular liquor license is the neighborhood already exceeds the allotted number of liquor licenses per the Alcoholic Beverage Control formula. One bureaucratic way to sidestep this regulation is with an exception allotted by ABC by granting a “Public Convenience and Necessity.” Planning commissioners had to approve this exception for Family Dollar to move forward with their liquor license application. A representative from Family Dollar was present at the meeting to answer Commissioner questions.

In public comment, speaking against the liquor license approval, was resident Eric Menendez, who said corporate dollar stores have already impacted sales at small businesses such as the independently owned Plaza Market in the Historic Plaza.

“As far as public convenience, I just think that you have 7-Eleven right there. We have a big homeless population that kind of congregates right behind these stores. So I just don't see how we need another place to sell beer and liquor. That’s pretty much what I have to say about that. Thank you.”

Commissioner Paahana inquired on the public convenience and necessity aspect of the permit, asking if other entities in the same census tract would still be able to file for liquor licenses if they wished. Gardner clarified that another business would still be able to apply for a liquor license under the same process.

A Family Dollar representative was present to answer Commissioner questions on behalf of the applicant. Photo by Natalie Zuk

Chair Walker asked the Family Dollar representative if their store has a policy to address the homeless population that congregates behind the store. “Do you guys have any plans or sort of procedures for the homeless population that does kind of hang out around the back end of that building?” The representative said:

“Obviously, they're not police officers so they don't want to try to get engaging in confrontations but they do alert local authorities to standard procedure. They also have managers try to delicately ask people to move on. It's kind of a complicated situation for store personnel.”

Walker then asked the Family Dollar representative if alcohol sales would impact the area, alluding to its potential impact on the transient population or crime.

“In the experience of the company, that issue doesn’t change. It's a net zero effect on… it doesn't attract more folks, it doesn't—they don't go into the store more frequently. Family Dollar’s not a liquor store. They don't put placards on the windows advertising beer sales, etc. It's just an additional item they offer to their standard customers. They have done some research. They generally do not increase the number of customers they get—it just increases the volume of sales per customer.”1

Motion to approve the Conditional Use Permit proposed by Commissioner Krushat, seconded by Commissioner Alex Garcia. Approved 5-0.

COMMUNITY DEVELOPMENT DIRECTOR UPDATES

Community Development Director Gardner opened his updates by acknowledging a staffing shortage at the Planning Department. “In case you haven't noticed, we've got a lot fewer people here at the staff table. Katrina Bennett has left us. She's going on to greener pastures and pursuing her career—economic career. We are very proud of her. And, Diane [Olsen] has cut her hours back to three-quarter time.”

Gardner stated that there will be a study session at the next Planning Commission meeting but did not mention what the study session topic would be. He then noted that the Planning Department is currently creating an inventory of venues for entertainment to promote local special events.

“Something else that is bubbling—we don't have a hard policy or solution for yet— but, we have had, recently, quite a lot of inquiries into special events, particularly on a small entertainment venue request. So what we're in the midst of doing is coming together, putting together an inventory of existing event spaces so we can refer people to, to have their events.”

The Community Development Director hinted at future City regulations for said events venues.

“But we're also going to come up with some policy, somewhere soon, to have an expedited process for local venues of entertainment, whether it's karaoke night or open mic night or a band or whatever. We're still in the process of hammering that out, but we recognize the importance of having local entertainment at local establishments so we're trying to figure out a way to get that promoted.”

The next Twentynine Palms Planning Commission meeting will take place August 20, 2024, at 5 pm.

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