Craig A. Ewing reported that the applicant for Item 4, Case 3.2999 has agreed to a restudy by the Architectural Advisory Committee and requests this item be continued with no date certain. This item will be re-noticed.

Edward Robertson requested Item 9, Case 5.1132 PD 333, be continued to an indefinite date.

Commissioner Caffery entered the Council Chamber at 1:35 p.m.

1. PUBLIC COMMENTS: (Three minute time limit.)

Chair Marantz opened the Public Comments.

-Roxanne Ploss, Palm Springs, spoke in opposition of Item 4, stating this neighborhood is a
historic area. She spoke in opposition of Item 6, stating the location too close to restaurants.
-Arlene Rosenthal, Vice President for Well of the Desert, provided additional details and stated that they serve over 1000 working-class (not homeless) people per month with bags of groceries.
-Joy Meredith, Downtown Main Street Association, stated this project was discussed yesterday
at their Main Street board meeting and voted unanimously in opposition; concerned with the location and the notification process.
-Firooca McCain, Palm Springs, spoke in opposition of Item 4, Case 3.2999, concerned with her view of the mountains; lot size and the size and style of neighboring homes.

There being no further comments, Public Comments was closed.

CONSENT AGENDA:

Commissioner Scott requested Item 2B pulled from the Consent Agenda for further discussion.

Commissioner Hutcheson noted his abstention on the minutes of February 28, 2007.

Motion to To approve, Items 2A and 2C as part of the Consent Agenda. Moved by Cohen, seconded by Vice Chair Hochanadel.

Vote to To approve, Items 2A and 2C as part of the Consent Agenda. (Approved)

2A. Draft Minutes of February 14, 2007, February 28, 2007 and March 14, 2007. (Noting Commissioner Hutcheson’s absention on the minutes of February 28, 2007.) Approved, as part of the Consent Agenda.

2B. Case 3.3013 SFR / 7.1235 AMM - An application by Rick Scatterday to construct a new single-family home of approximately 2,295 square feet on a hillside lot and to reduce the front-yard setback to 12 feet located at 2359 Bisnaga Avenue, Zone R-1-B, Section 25, APN: 510-241-013. (Project Planner: Bryan Fernandez, Assistant Planner)

Bryan Fernandez, Assistant Planner, provided background information as outlined in the staff report dated March 28, 2007.

Commissioner Scott requested staff address the guest parking and re-calculate the size of the building coverage to include the the garage. Staff responded the guest parking is within the Zonig Code and the building coverage is 37.9%. Staff recommended, if desired, this project may be conditioned to include a requirement to submit an Administrative Minor Modification application for the final processing of lot coverage by staff.

Vice Chair Hochanadel noted that 50% or more houses on this street are within the same setbacks area and does not see a problem with the guest parking.

Motion to To approve, subject to Conditions of Approval, as amended:

*The applicant shall be required to submit an application for an Administrative Minor Modification
to increase the maximum allowed lot coverage from 35% to 37.9%. Moved by Hutcheson, seconded by Vice Chair Hochanadel.

Vote to To approve, subject to Conditions of Approval, as amended:

*The applicant shall be required to submit an application for an Administrative Minor Modification
to increase the maximum allowed lot coverage from 35% to 37.9%. (Approved)

2C. Draft Resolution for Case 3.2826 MAJ to adopt a negative declaration and approve the construction of 58 service/manufacturing lofts within seven buildings located at 400 West San Rafael Road, Zone M-1, Section 15. (Project Planner: Fred Lowndes, Associate Planner) Approved, as part of the Consent Agenda.

ARCHITECTURAL REVIEW:

3. Case 3.3011 MAJ - An application by Architects Orange on behalf of Wells Fargo Bank to construct a 4,800 square foot "Wells Fargo" bank located (on Pad E) within the previously approved Planned Development District (PD 291) called "The Springs" located on the northeast corner of Gene Autry Trail and East Ramon Road, Zone PD 291, Section 17, APN 677-420-032. (Project Planner: David A. Newell, Assistant Planner)

David Newell, Assistant Planner, provided background information as outlined in the staff report dated March 28, 2007.

Motion to To approve, subject to Conditions of Approval, as amended:

*To include the adjustments to the elevations, as recommended by the Architectural Advisory
Committee.
Moved by Vice Chair Hochanadel, seconded by Cohen.

Vote to To approve, subject to Conditions of Approval, as amended:

*To include the adjustments to the elevations, as recommended by the Architectural Advisory
Committee.
(Approved)

4. Case 3.2999 SFR / 7.1215 AMM - An application by Steven Van to construct an approximate 6,355 square foot single family residence, with an increase of building height to 26’, located at 350 El Portal Zone R-1-B Section 27. (Planner Christopher Ison, Planning Technician)

Commissioner Scott requested the Planning Commission minutes pertaining to this project be made available to the Architectural Advisory Committee meeting.

To continue, to an indefinite date, to re-send to Architectural Advisory Committee for a restudy.

Motion to To continue, to an indefinite date; resend to the Architectural Advisory Committee for a restudy. Moved by Ringlein, seconded by Cohen.

Vote to To continue, to an indefinite date; resend to the Architectural Advisory Committee for a restudy. (Approved)

5. Case 5.1090 PD 323 / TTM 33878 - An application by Smoke Tree, Inc. for final development plans (Smoke Tree Cottages) for a previously approved Planned Development District 323 consisting of 49 residential lots with 52 cottages located at 1850 Smoke Tree Lane, within the Smoke Tree Ranch, Zone R-G-A(6), Section 25, APN: 510-011-006, 510-020-032 and 510-090-001. (Project Planner: Craig A. Ewing, Director of Planning Services)

Vice Chair Hochanadel stated he had a business related conflict of interest and would not participate in the discussion and vote. He left the Council Chamber at 2:06 p.m.

Craig A. Ewing, Director of Planning Services, provided background information as outlined in the staff report dated March 28, 2007. Staff also recommends a condition of the Final Development Plan that all future dwellings within PD 323 be subject to Minor Architectural Approval.

Tracy Conrad, Chief Operating Officer, SmokeTree Ranch, complimented staff and was available for questions.

Commissioner Caffery noted his appreciation for the green technology incorporated into the single family dwelling.

Motion to To approve, subject to Conditions of Approval. Moved by Scott, seconded by Cohen.

Vote to To approve, subject to Conditions of Approval. (Approved)

Vice Chair Hochanadel re-entered the Council Chamber at 2:10 p.m.

PUBLIC HEARINGS:

6. Case 5.1129 CUP - An application by Wessman Holdings on behalf of Well in the Desert for a Type Two Conditional Use Permit (CUP) to allow the distribution of food baskets containing groceries to economically challenged families on Saturdays only between 7:00 A.M. and 10:30 A.M located at 181 North Indian Canyon Drive, Zone C-B-D, Section 15. (Project Planner: David Newell, Assistant Planner)

Chair Marantz noted she took several photographs of the property and submitted them into the record.

David Newell, Assistant Planner, provided background information as outlined in the staff report dated March 28, 2007. He reported the existing number of parking spaces provided is sufficient and the hours of operation will be Saturday mornings only from 7:00 a.m. to 10:30 a.m.

Chair Marantz noted that the parking lot is substandard and there is no trash enclosure for the dumpsters.

The Commission discussed the actual date of commencement for the Conditional Use Permit, the details of food distribution and forwarding a compliant to Code Enforcement for the trash bins.

Chair Marantz opened the Public Hearing:

-Martha Higgins, respresenting Wessman Development, provided additional information and
stated the building is a temporary use, their awarenes of the code enforcement concerns with
the entire shopping center and noticing to the property owners.
-Dr Wayne McKinney, President, The Well in the Desert, provided additional information and
stated that this is food distribution for the working poor people, not the homeless, and
reported no complaints have been raised.

There being no further comments, the Public Hearing was closed.

Chair Marantz noted her concern with this establishment operating without a permit.

Commissioner Scott stated that our downtown belongs to everybody, to the rich, to the poor and to the middle-class. He further stated that no complaints have been reported for 10 months and sees no reason not to support this project.

Commissioner Caffery requested clarification on the number of Downtown Main Street Association members who voted against this project. Joy Meredith indicated that 13 out 15 members voted in opposition, with 2 members being absent.

Commissioner Ringlein noted she concurred with Commissioner Scott as regards to helping the disadvantaged and also noted that no complaints have been made. However, she was concerned that many businesses (tenants) were not notified of this meeting and encouraged a continuance. She reiterated the importance of upkeep and maintenance to enhance the building and requested Code Enforcement to continue monitoring this property.

Commissioner Hutcheson noted that this is not a desirable location for long-term use and encouraged a limited period, such as a 6 month conditional use permit, so that the applicant may explore alternative locations. He concurred with Commissioner Ringlein for a continuance of this project to provide an opportunity to hear from the tenants in this area.

Motion to Approve To recommend approval to City Council, subject to Conditions of Approval, as amended:

*For a 6 month period and Code Enforcement to follow-up on the trash enclosure and the
parking lot. MOTION WITHDRAWN. Moved by Caffery. The motion did not receive a second and was lost.

The Commission discussed the City’s process for expired conditional use permits. Craig A. Ewing responded that necessary notification and enforcement actions would be taken and the City Attorney would be consulted to ensure the use is not continued. Further discussion was made on the applicant’s rights to re-apply for this use prior to the expiration date of the conditional use permit.

Motion to To recommend approval to the City Council, subject to Conditions of Approval, as amended:

*The Conditional Use Permit is valid for a period of one year from the date of approval.
*Direct staff to properly notice the City Council Public Hearing to include all tenants within 400
feet. Moved by Ringlein, seconded by Hutcheson.

Vote to To recommend approval to the City Council, subject to Conditions of Approval, as amended:

*The Conditional Use Permit is valid for a period of one year from the date of approval.
*Direct staff to properly notice the City Council Public Hearing to include all tenants within 400
feet. (Approved)

Commissioner Ringlein again advised the applicant to clean up the property.

Commissioner Caffery suggested Downtown Main Street also be notified.

7. Case 3.2801 MAJ / 6.496 VAR - An application by Michael Chait, C2G Architects, on behalf of Knollwood Partnership, to construct three commercial/industrial buildings with off-street parking and associated landscaping and a variance for the reduction of the rear and side yard setbacks located at 1066 North Gene Autry Trail, Zone W-M-1-P, Section 7, APN 677-260-026. (Project Planner: Fred Lowndes, Associate Planner)

Fred Lowndes, Associate Planner, provided background information as outlined in the staff report dated March 28, 2007.

Commissioner Caffery stated he has a business related conflict of interest and would not participate in the discussion and vote. He left the Council Chamber at 2:28 p.m.

Chair Marantz opened the Public Hearing:

-Joe Fairchild, representing Lennar Communities, stated they met with the applicant and
setbacks were not discussed. He stated that no opposition letter was submitted for this item
because they were not notified of this case. He spoke in opposition of the Variance.
-David Baron, represents the applicant, addressed Escena’s concern pertaining to the setbacks
and stated that he did not think it was fair to subject the adjoining property to the high
requirements after they received the benefits of a change of zone.
-Michael Chait, C2G Architecture, provided additional details pertaining to the
architecture, parking and landscaping.
-Bruce Tamilian, father's property, stated the tenant base will consist of general/light industrial
businesses such as general contractor or furniture showroom not a heavy machinery.

There being no further comments, the Public Hearing was closed.

Vice Chair Hochandel noted that originally all this property was zoned industrial and he does not see why this applicant should be penalized when a consession was made for Lennar Communities to re-zone to residential.

Motion to To approve, subject to Conditions of Approval. Moved by Scott, seconded by Cohen.

Vote to To approve, subject to Conditions of Approval. (Approved)

Commissioner Caffery re-entered the Council Chamber at 3:10 p.m.

8. Case 3.2802 MAJ / 6.495 VAR - An application by Michael Chait, C2G Architects, on behalf of Knollwood Partnership, to construct two commercial/industrial buildings with off-street parking and associated landscaping and a variance for the reduction of the rear and side yard setbacks located at 890 North Gene Autry Trail, Zone W-M-1-P, Section 7, APN: 677-260-027. (Project Planner: Fred Lowndes, Associate Planner)

Commissioner Caffery stated he has a business related conflict of interest and would not participate in the discussion and vote. He left the Council Chamber at 3:11 p.m.

Marcus Fuller, Assistant Director of Public Works, requested a continuance until the access agreement has been received from the The Desert Sun.

Vote to To continue, to the meeting of April 11, 2007. (Approved)

Motion to To continue, to the meeting of April 11, 2007. Moved by Vice Chair Hochanadel, seconded by Ringlein.

Commissioner Caffery re-entered the Council Chamber at 3:14 p.m.

9. Case 5.1132 PD 333 / TTM 35236 - An application by Loft Partners Palm Springs, LLC, to construct a 200 room hotel (Starwood Resort Hotel), 143 condominium units and a parking structure located at the northwest corner of Amado Road and Avenida Caballeros, Zone R4 & RGH, Section 14 (IL). (Project Planner: Edward Robertson, Principal Planner)

Motion to To continue, the Public Hearing without public testimony, to an indefinite date. Moved by Ringlein, seconded by Cohen.

Vote to To continue, the Public Hearing without public testimony, to an indefinite date. (Approved)

10.   COMMISSION WORK PROGRAM:
                                   * *General Plan Update
                                   **Work Program Priorities and Subcommittee Assignments

Craig A. Ewing reported that the Comprehensive General Plan Update along with the draft Environmental Impact Report was made available to the public on Thursday, March 22, 2007. The document is also available on-line and can be downloaded at psplan.org. Copies are also available at the City Clerk’s office, the Planning Services counter and at the Palm Springs Public Library reference counter. The Steering Committee will review a draft resolution on April 5th for their recommendation to the Planning Commission. The Planning Commission will hold the first public hearing on the draft General Plan and draft EIR on Wednesday, April 25, 2007 and continue to the May 9th meeting.

Commissioner Scott noted he would be on vacation for the April 25th meeting. Commissioner Ringlein noted she would also be on vacation for the April 25th meeting. The remainder 5 members stated they would be in attendance for this meeting.

Craig A. Ewing provided details on Code Enforcement’s re-organization. He indicated that he meets, on weeky basis, with Terry Tatum, Code Enforcement Supervisor, to review Planning & Zoning complaints.

Craig A Ewing noted the April 4th Study Study topics would include a presentation from Tom Davis on the tribe’s plans for Section 14 and public parking opportunities for the Convention Center.

11. CITY COUNCIL ACTIONS: Update.

12. COMMISSION/STAFF REPORTS AND REQUESTS:

Chair Marantz thanked Craig A. Ewing for his efforts in setting up the League of California Cities Planners Expo. in San Diego. She nominated Commissioner Caffery to attend the Architectural Advisory Committee meeting for the month of April.

Commissioner Ringlein requested the status on the apartments on Vista Chino pertaining to the minimal landscaping and exposed air conditioning units. Staff reponded that the owner is more than willing to address these problems and a new landscaping plan has been submitted to screen the air conditioning units.

Commissioner Cohen reported an ongoing problem with overgrown trees covering the stop signs at Mountain View and Monte Vista, as well as, Vista Chino and Via Norte. Craig A. Ewing suggested he provide this information to Richard Jenkins, who is the traffic specialist, in the Public Works department.

13. ADJOURNMENT: There being no further comments, the meeting was adjourned at 3:25
p.m.

Mar 28, 2007 Planning Commission

Full agenda
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1. PUBLIC COMMENTS: (Three minute time limit.)

CONSENT AGENDA:

Commissioner Scott requested Item 2B pulled from the Consent Agenda for further discussion.

Commissioner Hutcheson noted his abstention on the minutes of February 28, 2007.

Motion to To approve, Items 2A and 2C as part of the Consent Agenda. Moved by Cohen, seconded by Vice Chair Hochanadel.

Vote to To approve, Items 2A and 2C as part of the Consent Agenda. (Approved)

2B. Case 3.3013 SFR / 7.1235 AMM - An application by Rick Scatterday to construct a new single-family home of approximately 2,295 square feet on a hillside lot and to reduce the front-yard setback to 12 feet located at 2359 Bisnaga Avenue, Zone R-1-B, Section 25, APN: 510-241-013. (Project Planner: Bryan Fernandez, Assistant Planner)

Bryan Fernandez, Assistant Planner, provided background information as outlined in the staff report dated March 28, 2007.

Vice Chair Hochanadel noted that 50% or more houses on this street are within the same setbacks area and does not see a problem with the guest parking.

ARCHITECTURAL REVIEW:

3. Case 3.3011 MAJ - An application by Architects Orange on behalf of Wells Fargo Bank to construct a 4,800 square foot "Wells Fargo" bank located (on Pad E) within the previously approved Planned Development District (PD 291) called "The Springs" located on the northeast corner of Gene Autry Trail and East Ramon Road, Zone PD 291, Section 17, APN 677-420-032. (Project Planner: David A. Newell, Assistant Planner)

David Newell, Assistant Planner, provided background information as outlined in the staff report dated March 28, 2007.

Vote to To approve, subject to Conditions of Approval, as amended:

*To include the adjustments to the elevations, as recommended by the Architectural Advisory
Committee.
(Approved)

4. Case 3.2999 SFR / 7.1215 AMM - An application by Steven Van to construct an approximate 6,355 square foot single family residence, with an increase of building height to 26’, located at 350 El Portal Zone R-1-B Section 27. (Planner Christopher Ison, Planning Technician)

Commissioner Scott requested the Planning Commission minutes pertaining to this project be made available to the Architectural Advisory Committee meeting.

To continue, to an indefinite date, to re-send to Architectural Advisory Committee for a restudy.

Motion to To continue, to an indefinite date; resend to the Architectural Advisory Committee for a restudy. Moved by Ringlein, seconded by Cohen.

Vote to To continue, to an indefinite date; resend to the Architectural Advisory Committee for a restudy. (Approved)

5. Case 5.1090 PD 323 / TTM 33878 - An application by Smoke Tree, Inc. for final development plans (Smoke Tree Cottages) for a previously approved Planned Development District 323 consisting of 49 residential lots with 52 cottages located at 1850 Smoke Tree Lane, within the Smoke Tree Ranch, Zone R-G-A(6), Section 25, APN: 510-011-006, 510-020-032 and 510-090-001. (Project Planner: Craig A. Ewing, Director of Planning Services)

Vice Chair Hochanadel stated he had a business related conflict of interest and would not participate in the discussion and vote. He left the Council Chamber at 2:06 p.m.

Tracy Conrad, Chief Operating Officer, SmokeTree Ranch, complimented staff and was available for questions.

Commissioner Caffery noted his appreciation for the green technology incorporated into the single family dwelling.

Motion to To approve, subject to Conditions of Approval. Moved by Scott, seconded by Cohen.

Vote to To approve, subject to Conditions of Approval. (Approved)

Vice Chair Hochanadel re-entered the Council Chamber at 2:10 p.m.

PUBLIC HEARINGS:

6. Case 5.1129 CUP - An application by Wessman Holdings on behalf of Well in the Desert for a Type Two Conditional Use Permit (CUP) to allow the distribution of food baskets containing groceries to economically challenged families on Saturdays only between 7:00 A.M. and 10:30 A.M located at 181 North Indian Canyon Drive, Zone C-B-D, Section 15. (Project Planner: David Newell, Assistant Planner)

Chair Marantz noted she took several photographs of the property and submitted them into the record.

Chair Marantz noted that the parking lot is substandard and there is no trash enclosure for the dumpsters.

The Commission discussed the actual date of commencement for the Conditional Use Permit, the details of food distribution and forwarding a compliant to Code Enforcement for the trash bins.

Chair Marantz noted her concern with this establishment operating without a permit.

Commissioner Ringlein again advised the applicant to clean up the property.

Commissioner Caffery suggested Downtown Main Street also be notified.

7. Case 3.2801 MAJ / 6.496 VAR - An application by Michael Chait, C2G Architects, on behalf of Knollwood Partnership, to construct three commercial/industrial buildings with off-street parking and associated landscaping and a variance for the reduction of the rear and side yard setbacks located at 1066 North Gene Autry Trail, Zone W-M-1-P, Section 7, APN 677-260-026. (Project Planner: Fred Lowndes, Associate Planner)

Fred Lowndes, Associate Planner, provided background information as outlined in the staff report dated March 28, 2007.

Commissioner Caffery stated he has a business related conflict of interest and would not participate in the discussion and vote. He left the Council Chamber at 2:28 p.m.

Motion to To approve, subject to Conditions of Approval. Moved by Scott, seconded by Cohen.

Vote to To approve, subject to Conditions of Approval. (Approved)

Commissioner Caffery re-entered the Council Chamber at 3:10 p.m.

8. Case 3.2802 MAJ / 6.495 VAR - An application by Michael Chait, C2G Architects, on behalf of Knollwood Partnership, to construct two commercial/industrial buildings with off-street parking and associated landscaping and a variance for the reduction of the rear and side yard setbacks located at 890 North Gene Autry Trail, Zone W-M-1-P, Section 7, APN: 677-260-027. (Project Planner: Fred Lowndes, Associate Planner)

Commissioner Caffery stated he has a business related conflict of interest and would not participate in the discussion and vote. He left the Council Chamber at 3:11 p.m.

Marcus Fuller, Assistant Director of Public Works, requested a continuance until the access agreement has been received from the The Desert Sun.

Vote to To continue, to the meeting of April 11, 2007. (Approved)

Motion to To continue, to the meeting of April 11, 2007. Moved by Vice Chair Hochanadel, seconded by Ringlein.

Commissioner Caffery re-entered the Council Chamber at 3:14 p.m.

9. Case 5.1132 PD 333 / TTM 35236 - An application by Loft Partners Palm Springs, LLC, to construct a 200 room hotel (Starwood Resort Hotel), 143 condominium units and a parking structure located at the northwest corner of Amado Road and Avenida Caballeros, Zone R4 & RGH, Section 14 (IL). (Project Planner: Edward Robertson, Principal Planner)

Motion to To continue, the Public Hearing without public testimony, to an indefinite date. Moved by Ringlein, seconded by Cohen.

Vote to To continue, the Public Hearing without public testimony, to an indefinite date. (Approved)

10.   COMMISSION WORK PROGRAM:
                                   * *General Plan Update
                                   **Work Program Priorities and Subcommittee Assignments

Craig A Ewing noted the April 4th Study Study topics would include a presentation from Tom Davis on the tribe’s plans for Section 14 and public parking opportunities for the Convention Center.

Mar 28, 2007 Planning Commission

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