Video index
CALL TO ORDER:
The meeting was called to order at 1:30 p.m.
ROLL CALL:
Roll call: 7 Present, 0 Absent, 0 Excused
REPORT OF POSTING OF AGENDA: The agenda was available for public access at the City Hall exterior bulletin board (west side of Council Chamber) and the Planning Services counter by 5:00 p.m. on Friday, April 6, 2007.
1. PUBLIC COMMENTS: (Three minute time limit.)
Chair Marantz opened Public Comments, and there being no comments, Public Comments was closed.
CONSENT AGENDA:
Commissioner Scott requested Item 2D pulled from the Consent Agenda for further discussion.
Commissioner Ringlein requested Items 2C and 2D pulled from the Consent Agenda for further discussion.
Motion to To approve, Items 2A and 2B, as part of the Consent Agenda. Moved by Hutcheson, seconded by Cohen.
Vote to To approve, Items 2A and 2B, as part of the Consent Agenda. (Approved)
2A. Draft minutes of March 7, 2007. Approved, as part of the Consent Agenda.
2B. Case 3.2054 SFR - Time Extension - An application by G. Mike Nichols requesting a two year time extension to construct an approximate 5,409 square foot single family residence located at 2242 North Palermo Drive, Zone R-1-B, Section 3, APN: 504-191-010. (Project Planner: Bryan Fernandez, Assistant Planner) Approved, as part of the Consent Agenda.
2C. Case 5.1015 CUP / 7.1138 AMM / TTM 32378 Time Extension - An application by Pacific Commercial Construction Inc. requesting a one year time extension for a Conditional Use Permit and a Tentative Tract Map to construct 11 condominium units on approximately .092 acres located at 500 East Palm Canyon Drive, Zone R-3, Section 23, APN: 508-353-037 and 038. (Project Planner: David Newell)
Staff indicated the expiration date for the commencement of construction is February 9, 2008 and no changes have been made to the required improvements.
Motion to To approve Case 5.1015 CUP and 7.1138 AMM, and recommend approval to the City Council for a one-year time extension for TTM 32378. Moved by Scott, seconded by Ringlein.
Vote to To approve Case 5.1015 CUP and 7.1138 AMM, and recommend approval to the City Council for a one-year time extension for TTM 32378. (Approved)
2D. Case 3.2879 MAJ - An application by Roger Evans to construct an approximate 7,920 square foot warehouse building located at 4589 Sunny Dunes Road, Zone M-1, Section 19, APN: 680-160-036. (Project Planner: David Newell, Assistant Planner)
David Newell, Planning Assistant, provided background information as outlined in the staff report dated April 11, 2007.
Commissioner Scott referenced a letter of objection which was received from an adjacent property owner relating to outdoor parking which has not been adequately addressed. He stated a concern with the indoor parking spaces and no requirement for the rear and side-yard setbacks.
Commissioner Caffery noted that previous metal buildings have been previously permitted have been conditioned to include a block wall surrounding the building or architectural embelishments to resemble a standard building; none of which have been provided for in this project. Commissioner Ringlein concurred. Vice Chair Hochanadel concurred, in addition, noting his concern with the indoor parking and future uses for this building. Staff responded that parking is required to be provided on-site and does not specify to whether indoor or outdoor. The parking has been calculated for this building for warehouse uses. No other use such as manufacturing or commercial ia allowed.
Commissioner Hutcheson suggested guest parking be provided for this building to avoid vehicles using adjacent tenant parking spaces; he recommended further modifications.
Motion to To continue, with direction to staff to re-send to the Architectural Advisory Committee for further study to:
*Outdoor parking spaces.
*Exterior elevations and enhancements. Moved by Caffery, seconded by Cohen.
Vote to To continue, with direction to staff to re-send to the Architectural Advisory Committee for further study to:
*Outdoor parking spaces.
*Exterior elevations and enhancements. (Approved)
MISCELLANEOUS:
3. SP 07-014 - An application by David Bell for Tramway Industrial Center requesting a sign program for one monument sign and individual tenant signage within the complex located at 370 West San Rafael Drive, Zone M-1, Section 34, APN: 669-452-025. (Project Planner: Scott Taschner, Planning Technician)
Chair Marantz stated she would abstaining due to a business related conflict of interest and would not participate in the discussion and vote. She left the Council Chamber at 1:49 p.m.
Scott Taschner, Planning Technician, provided background information as outlined in the staff report dated April 11, 2007.
Motion to Approve To approve, subject to Conditions of Approval. Moved by Scott, seconded by Ringlein.
Vote to Approve To approve, subject to Conditions of Approval. (Approved)
Chair Marantz re-entered the Council Chamber at 1:53 p.m.
PUBLIC HEARINGS:
4. 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) (Continued from the March 28, 2007 Planning Commission Meeting)
Fred Lowndes, Associate Planner, stated the adjacent property owner, The Desert Sun, is currently in the process of drafting an access agreement with the applicant and the engineering department has submitted conditions #3 and #4 addressing the access agreement.
Commissioner Caffery stated he has a business related conflict of interest with the applicant’s counsel, Mr. Baron, and he would not participate in the discussion and vote. He left the Council Chamber at 1:56 p.m.
Fred Lowndes provided background information as outlined in the staff report dated April 11, 2007.
Chair Marantz opened the Public Hearing.
-David Baron, representing the applicant, stated they are in the process of working out the
access agreement with The Desert Sun and they are in agreement with conditions #3 and #4.
There being no further appearances, the Public Hearing was closed.
Vice Chair Hochanadel noted at the previous meeting all the aspects pertaining to the setbacks were discussed and the only item of concern was the access agreement which has been addressed.
Motion to To approve, subject to Conditions of Approval. Moved by Vice Chair Hochanadel, seconded by Hutcheson.
Vote to To approve, subject to Conditions of Approval. (Approved)
Commissioner Caffery re-entered the Council at 2:04 p.m.
5. Case 5.1143 CUP - An application by Vern Wright, PS Wine to allow the sale of alcohol for on-site consumption in a wine and cheese shop located at 188 South Indian Canyon Drive, Zone C-2, Section 15, APN: 508-081-003, (Project Planner: Bryan Fernandez, Assistant Planner)
Bryan Fernandez, Planning Assistant, provided background information as outlined in the staff report dated April 11, 2007.
Chair Marantz requested staff address the regulation of alcohol pertaining to outdoor seating and the parking situation. Staff responded that outdoor seating has not been proposed and feels the parking is sufficient.
Chair Marantz opened the Public Hearing and there being no appearances the Public Hearing was
closed.
Motion to To approve, subject to Conditions of Approval. Moved by Vice Chair Hochanadel, seconded by Ringlein.
Vote to To approve, subject to Conditions of Approval. (Approved)
6. Case 6.497 VAR - An application by George and Donna Moore to allow an existing single-family dwelling addition constructed without permits within the required 15 foot setback located at 1590 Paseo El Mirador, Zone R-1-C, Section 11, APN: 507-122-004. (Project Planner: David Newell, Planning Technician)
Edward Robertson stated after discussion with the applicant’s attorney there was a mutual agreement to continue this item indefinitely pending a meeting between staff and the applicant.
Chair Marantz opened the Public Hearing, and there being no appearances, the Public Hearing was closed.
Motion to To continue, to an indefinate date. Moved by Hutcheson, seconded by Vice Chair Hochanadel.
Vote to To continue, to an indefinate date. (Approved)
7. Case TTM 34627 - An application by The Loftin Firm on behalf of the owners to subdivide the existing 184 space rental mobile home park, Palm Springs View Estates Mobile Home Park, into a condominium park. The site is an approximate 25.9-acre and is located at 6300 Bolero Drive, Zoned R-MHP, Section 29, APN;s: 681-270-003, 681-270-007 & 681-310-018. (Project Planner: Fred Lowndes, Associate Planner)
Fred Lowndes, Associate Planner, provided background information as outlined in the staff report dated April 11, 2007. He stated that all residents will be afforded the opportunity to either buy the space on which their mobile home is situated or continue to rent the space.
Chair Marantz requested staff address condition #7 regarding portions of the mobile home park which are not provided with a sewer system. Marcus Fuller, Assistant Director of Public Works, responded that the records for this mobile home park, built in the late 1960’s, could not confirm that all of the park is connected to the public sewer system. Therefore he recommended condition is proposed.
Chair Marantz opened the Public Hearing.
The following persons spoke in support of the proposed project:
-Jon Rodrigue and Jacob Gould, representing the applicant, The Loftin Firm, provided an overview
of the mobile home park using a power point presentation. Mr. Rodgrigue provided further
details relating to the benefits of the conversion process, the relevant agencies, the Tenant
Impact Report (TIR), City Rent Control vs. State Rent, the emergency access and the sewer
system.
The following persons spoke in opposition of the proposed project:
-Bob Slagle, Palm Springs, voiced concerns on a separate TIR hearing and summarized
discrepancies on the application.
-Cal Hackler, Palm Springs, voiced concern with errors on the table for the low-
income, survey date, and indicated 66% of residents do not support the conversion.
-Dick Matthews, Palm Springs, voiced concerns relating to the wash easement
and indicated this would place a hardship on the owners.
-Erma Orsino, Palm Springs, concerned with the airplane noise which has affected resale value.
-Eddie Scott, Palm Springs, requested delay in approval of this project; spoke about substandard
lots and overhead utility lines.
-Don Leeker, Palm Springs, submitted photographs pertaining to the run-off water with
mosquitos in this area which affects health & safety.
-Melinda Woolley, Palm Springs, voiced concerns with the displacement of many residents.
-Tom Bennett, Palm Springs, stated most of the residents are in their golden years and
requested postment of the project.
There being no further appearances the Public Hearing was closed.
Craig A. Ewing stated he spoke with the City Attorney regarding the Community Facilities District and he indicated this condition need be imposed since no new units are being created.
Chair Marantz noted her concerns with the 40 year facility and the infrastructure problems.
Commissioner Ringlein requested the applicant address the tenants right to continue to rent indefinitely. Jon Rodrigue provided further details relating ownership of land, the condominium overly and the renter’s and owner’s rights.
Chair Marantz stated she did not feel she has enough information to make a decision at this point.
Commissioner Caffery clarified the Commission’s role for this project is acceptance of the findings staff has provided. He summarized the findings and noted all the questions and concerns which have been brought up are State regulated. Craig A. Ewing responded that the internal improvements of the park are regulated by the State and prevent local involvement. Commissioner Caffery suggested a continuance with the City Attorney present to provide the Commission with the law. Otherwise, he felt the conditions of approval met the findings.
Craig A. Ewing stated if there is an area of uncertainty on the Commissions part relating to an updated Tenant Impact Report (TIR) this may be an issue to explore at a future meeting.
Commissioner Hutcheson stated he prefers further clarification regarding the easement rather than adding a condition.
Motion to To continue, to an indefinite date, as amended:
*The City Attorney to be present.
*The City Attorney to advise the Commission on the submittal of an updated Tenant Impact
Report.
*Clarification on the easement location. Moved by Caffery, seconded by Scott.
Vote to To continue, to an indefinite date, as amended:
*The City Attorney to be present.
*The City Attorney to advise the Commission on the submittal of an updated Tenant Impact
Report.
*Clarification on the easement location. (Approved)
A recess was taken at 3:32 p.m. The meeting resumed at 3:43 p.m.
8. Case 5.1127 MAJ / GPA / PDD 332 - An application by Khalil Ailabouni for a proposed General Plan Amendment to reclassify existing land use of L-6 and M15 to GC (General Commercial) and a Change of Zone from R-G-A(6) and R-2 to Planned Development District (PD-332) to establish new design standards and guidelines for the development of a retail commercial and office complex to be located at 3201 North Indian Canyon Drive, Zoned R-G-A-6 and R-2, Section 3, APN’s: 504-121-005; 006 and 010. (Project Planner: Fred Lowndes, Associate Planner)
Fred Lowndes, Associate Planner, provided background information as outlined in the staff report dated April 11, 2007.
Chair Marantz requested staff address the surrounding areas and questioned the area toward the west of this property and the setbacks. Staff responded that the property towards the west is a single family residence and the remainding parcels are vacant.
Chair Marantz opened the Public Hearing.
-William Kleindienst, WWCOT/Mills Architects, provided details pertaining to the distance from
the residential area, landscaping, height, the elevatator shaft, the meandering bike path and
going beyond the required setbacks. He summarized a request for modification and/or deletion
of conditions.
-Khris Benz, spoke in support of this project; stating this project will revitalize this area of the
city.
-Phillip Trail, Palm Springs, spoke in support of this project, and stated this area is in need of
commercial services.
There being no further comments, the Public Hearing was closed.
Commissioner Hutcheson requested the applicant address any solar features incorporated into the project. William Kleindienst responded this building is not LEED certified however they will be meet or exceed Title 24 requirements.
The Commission discussed storefront windows blocked with storage, the height and mechanical screening for the elevator.
Motion to To adopt the draft Negative Declaration and approve Case 5.1127 MAJ / GPA PD 332 and recommend approval to the City Council, as amended:
*Condition #12 - ". . . prior to issuance of final occupancy."
*Condition #14 - delete
*Condition #25 - delete
*Condition #27, #29 and #31 - to remain in effect.
*Condition #45 - delete "30 inch stop sign" wording and stop bar and stop legend to remain.
Moved by Vice Chair Hochanadel, seconded by Cohen.
Vote to To adopt the draft Negative Declaration and approve Case 5.1127 MAJ / GPA PD 332 and recommend approval to the City Council, as amended:
*Condition #12 - ". . . prior to issuance of final occupancy."
*Condition #14 - delete
*Condition #25 - delete
*Condition #27, #29 and #31 - to remain in effect.
*Condition #45 - delete "30 inch stop sign" wording and stop bar and stop legend to remain.
(Approved)
Commissioner Hutcheson left the meeting and exited the Council Chamber at 4:18 p.m.
9. Case 5.1151 ZTA - A request to consider a zoning ordinance text amendment to modify Chapter 94.06.01, to allow front and side yard setbacks on Major and Secondary thoroughfares to be reduced up to the same amount as front and side yard setbacks on Local/Collector streets through the Administrative Minor Modification (AMM) process. (Project Planner: Bryan Fernandez, Assistant Planner)
Bryan Fernandez, Assistant Planner, reported a correction on Exhibit A, 1.a, the 2nd sentence should read "Single-family dwellings on Major and Secondary thoroughfares may be allowed a reduction of front and side yard up to the amount allowed for single-family dwellings . . ." He provided background information as outlined in the staff report dated April 11, 2007.
Chair Marantz opened the Public Hearing and there being no comments the Public Hearing was closed.
Motion to To recommend approval to the City Council. Moved by Ringlein, seconded by Cohen.
Vote to To recommend approval to the City Council. (Approved)
10. Case 5.1147 SNC - An application by Century Vintage Homes to change the name of North Indian Avenue to North Indian Canyon Drive beginning from the I-10 corridor to the end of the city limits of the City of Palm Springs, which is approximately 0.88 miles to the north; General Plan - Major Thoroughfare. (Project Planner: David Newell, Assistant Planner)
Staff requested this item be continued to the meeting of April 25, 2007.
Motion to To continue to the Planning Commission meeting of April 25, 2007. Moved by Ringlein, seconded by Scott.
Vote to To continue to the Planning Commission meeting of April 25, 2007. (Approved)
11. COMMISSION WORK PROGRAM:
**General Plan Update
**Work Program Priorities and Subcommittee Assignments
12. CITY COUNCIL ACTIONS: Update.
Staff provided an update on the upcoming projects.
13. COMMISSION/STAFF REPORTS AND REQUESTS:
Commissioner Caffery noted he may not be in attendance for the April 25th meeting.
Commissioner Ringlein noted she would not be in attendance for the April 25th meeting. She requested staff address the status of the map indicating the location of cell towers within the City.
Chair Marantz commented on the new cases received during March 21st and 30th stating there were several requests for signs such as "For Rent", "For Sale" and "For Lease" signs. She requested staff keep these under control.
Vice Chair Hochanadel requested staff address the history of ordinances for "grandfathering-in" of setbacks. Staff responded that it is easier to identify with individual cases and will pull several zoning ordinanaces dating from the 1950’s’ and identify the setbacks from those dates.
Commissioner Scott noted he would not be in attendance for the Planning Commission meetings of April 25th, May 2nd and May 9th.
Commissioner Cohen commented on cell tower co-location and the dangers of cell tower transmission. Staff responded there are many technical problems with co-locations for cell towers; and the federal government has reported that electro-magnetic fields are not a basis for local review.
Craig A. Ewing reminded the Commission will hold a meeting on April 18, 2007 in the Council Chamber and then proceed to a site tour of Smoke Tree Ranch.
14. ADJOURNMENT: There being no further comments the meeting adjourned at 4:45 p.m.
Apr 11, 2007 Planning Commission
Full agenda
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CALL TO ORDER:
The meeting was called to order at 1:30 p.m.
ROLL CALL:
Roll call: 7 Present, 0 Absent, 0 Excused
REPORT OF POSTING OF AGENDA: The agenda was available for public access at the City Hall exterior bulletin board (west side of Council Chamber) and the Planning Services counter by 5:00 p.m. on Friday, April 6, 2007.
1. PUBLIC COMMENTS: (Three minute time limit.)
Chair Marantz opened Public Comments, and there being no comments, Public Comments was closed.
CONSENT AGENDA:
Commissioner Scott requested Item 2D pulled from the Consent Agenda for further discussion.
Commissioner Ringlein requested Items 2C and 2D pulled from the Consent Agenda for further discussion.
Motion to To approve, Items 2A and 2B, as part of the Consent Agenda. Moved by Hutcheson, seconded by Cohen.
Vote to To approve, Items 2A and 2B, as part of the Consent Agenda. (Approved)
2A. Draft minutes of March 7, 2007. Approved, as part of the Consent Agenda.
2B. Case 3.2054 SFR - Time Extension - An application by G. Mike Nichols requesting a two year time extension to construct an approximate 5,409 square foot single family residence located at 2242 North Palermo Drive, Zone R-1-B, Section 3, APN: 504-191-010. (Project Planner: Bryan Fernandez, Assistant Planner) Approved, as part of the Consent Agenda.
2C. Case 5.1015 CUP / 7.1138 AMM / TTM 32378 Time Extension - An application by Pacific Commercial Construction Inc. requesting a one year time extension for a Conditional Use Permit and a Tentative Tract Map to construct 11 condominium units on approximately .092 acres located at 500 East Palm Canyon Drive, Zone R-3, Section 23, APN: 508-353-037 and 038. (Project Planner: David Newell)
Staff indicated the expiration date for the commencement of construction is February 9, 2008 and no changes have been made to the required improvements.
Motion to To approve Case 5.1015 CUP and 7.1138 AMM, and recommend approval to the City Council for a one-year time extension for TTM 32378. Moved by Scott, seconded by Ringlein.
Vote to To approve Case 5.1015 CUP and 7.1138 AMM, and recommend approval to the City Council for a one-year time extension for TTM 32378. (Approved)
2D. Case 3.2879 MAJ - An application by Roger Evans to construct an approximate 7,920 square foot warehouse building located at 4589 Sunny Dunes Road, Zone M-1, Section 19, APN: 680-160-036. (Project Planner: David Newell, Assistant Planner)
David Newell, Planning Assistant, provided background information as outlined in the staff report dated April 11, 2007.
Commissioner Scott referenced a letter of objection which was received from an adjacent property owner relating to outdoor parking which has not been adequately addressed. He stated a concern with the indoor parking spaces and no requirement for the rear and side-yard setbacks.
Commissioner Caffery noted that previous metal buildings have been previously permitted have been conditioned to include a block wall surrounding the building or architectural embelishments to resemble a standard building; none of which have been provided for in this project. Commissioner Ringlein concurred. Vice Chair Hochanadel concurred, in addition, noting his concern with the indoor parking and future uses for this building. Staff responded that parking is required to be provided on-site and does not specify to whether indoor or outdoor. The parking has been calculated for this building for warehouse uses. No other use such as manufacturing or commercial ia allowed.
Commissioner Hutcheson suggested guest parking be provided for this building to avoid vehicles using adjacent tenant parking spaces; he recommended further modifications.
Motion to To continue, with direction to staff to re-send to the Architectural Advisory Committee for further study to:
*Outdoor parking spaces.
*Exterior elevations and enhancements. Moved by Caffery, seconded by Cohen.
Vote to To continue, with direction to staff to re-send to the Architectural Advisory Committee for further study to:
*Outdoor parking spaces.
*Exterior elevations and enhancements. (Approved)
MISCELLANEOUS:
3. SP 07-014 - An application by David Bell for Tramway Industrial Center requesting a sign program for one monument sign and individual tenant signage within the complex located at 370 West San Rafael Drive, Zone M-1, Section 34, APN: 669-452-025. (Project Planner: Scott Taschner, Planning Technician)
Chair Marantz stated she would abstaining due to a business related conflict of interest and would not participate in the discussion and vote. She left the Council Chamber at 1:49 p.m.
Scott Taschner, Planning Technician, provided background information as outlined in the staff report dated April 11, 2007.
Motion to Approve To approve, subject to Conditions of Approval. Moved by Scott, seconded by Ringlein.
Vote to Approve To approve, subject to Conditions of Approval. (Approved)
Chair Marantz re-entered the Council Chamber at 1:53 p.m.
PUBLIC HEARINGS:
4. 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) (Continued from the March 28, 2007 Planning Commission Meeting)
Fred Lowndes, Associate Planner, stated the adjacent property owner, The Desert Sun, is currently in the process of drafting an access agreement with the applicant and the engineering department has submitted conditions #3 and #4 addressing the access agreement.
Commissioner Caffery stated he has a business related conflict of interest with the applicant’s counsel, Mr. Baron, and he would not participate in the discussion and vote. He left the Council Chamber at 1:56 p.m.
Fred Lowndes provided background information as outlined in the staff report dated April 11, 2007.
Chair Marantz opened the Public Hearing.
-David Baron, representing the applicant, stated they are in the process of working out the
access agreement with The Desert Sun and they are in agreement with conditions #3 and #4.
There being no further appearances, the Public Hearing was closed.
Vice Chair Hochanadel noted at the previous meeting all the aspects pertaining to the setbacks were discussed and the only item of concern was the access agreement which has been addressed.
Motion to To approve, subject to Conditions of Approval. Moved by Vice Chair Hochanadel, seconded by Hutcheson.
Vote to To approve, subject to Conditions of Approval. (Approved)
Commissioner Caffery re-entered the Council at 2:04 p.m.
5. Case 5.1143 CUP - An application by Vern Wright, PS Wine to allow the sale of alcohol for on-site consumption in a wine and cheese shop located at 188 South Indian Canyon Drive, Zone C-2, Section 15, APN: 508-081-003, (Project Planner: Bryan Fernandez, Assistant Planner)
Bryan Fernandez, Planning Assistant, provided background information as outlined in the staff report dated April 11, 2007.
Chair Marantz requested staff address the regulation of alcohol pertaining to outdoor seating and the parking situation. Staff responded that outdoor seating has not been proposed and feels the parking is sufficient.
Chair Marantz opened the Public Hearing and there being no appearances the Public Hearing was
closed.
Motion to To approve, subject to Conditions of Approval. Moved by Vice Chair Hochanadel, seconded by Ringlein.
Vote to To approve, subject to Conditions of Approval. (Approved)
6. Case 6.497 VAR - An application by George and Donna Moore to allow an existing single-family dwelling addition constructed without permits within the required 15 foot setback located at 1590 Paseo El Mirador, Zone R-1-C, Section 11, APN: 507-122-004. (Project Planner: David Newell, Planning Technician)
Edward Robertson stated after discussion with the applicant’s attorney there was a mutual agreement to continue this item indefinitely pending a meeting between staff and the applicant.
Chair Marantz opened the Public Hearing, and there being no appearances, the Public Hearing was closed.
Motion to To continue, to an indefinate date. Moved by Hutcheson, seconded by Vice Chair Hochanadel.
Vote to To continue, to an indefinate date. (Approved)
7. Case TTM 34627 - An application by The Loftin Firm on behalf of the owners to subdivide the existing 184 space rental mobile home park, Palm Springs View Estates Mobile Home Park, into a condominium park. The site is an approximate 25.9-acre and is located at 6300 Bolero Drive, Zoned R-MHP, Section 29, APN;s: 681-270-003, 681-270-007 & 681-310-018. (Project Planner: Fred Lowndes, Associate Planner)
Fred Lowndes, Associate Planner, provided background information as outlined in the staff report dated April 11, 2007. He stated that all residents will be afforded the opportunity to either buy the space on which their mobile home is situated or continue to rent the space.
Chair Marantz requested staff address condition #7 regarding portions of the mobile home park which are not provided with a sewer system. Marcus Fuller, Assistant Director of Public Works, responded that the records for this mobile home park, built in the late 1960’s, could not confirm that all of the park is connected to the public sewer system. Therefore he recommended condition is proposed.
Chair Marantz opened the Public Hearing.
The following persons spoke in support of the proposed project:
-Jon Rodrigue and Jacob Gould, representing the applicant, The Loftin Firm, provided an overview
of the mobile home park using a power point presentation. Mr. Rodgrigue provided further
details relating to the benefits of the conversion process, the relevant agencies, the Tenant
Impact Report (TIR), City Rent Control vs. State Rent, the emergency access and the sewer
system.
The following persons spoke in opposition of the proposed project:
-Bob Slagle, Palm Springs, voiced concerns on a separate TIR hearing and summarized
discrepancies on the application.
-Cal Hackler, Palm Springs, voiced concern with errors on the table for the low-
income, survey date, and indicated 66% of residents do not support the conversion.
-Dick Matthews, Palm Springs, voiced concerns relating to the wash easement
and indicated this would place a hardship on the owners.
-Erma Orsino, Palm Springs, concerned with the airplane noise which has affected resale value.
-Eddie Scott, Palm Springs, requested delay in approval of this project; spoke about substandard
lots and overhead utility lines.
-Don Leeker, Palm Springs, submitted photographs pertaining to the run-off water with
mosquitos in this area which affects health & safety.
-Melinda Woolley, Palm Springs, voiced concerns with the displacement of many residents.
-Tom Bennett, Palm Springs, stated most of the residents are in their golden years and
requested postment of the project.
There being no further appearances the Public Hearing was closed.
Craig A. Ewing stated he spoke with the City Attorney regarding the Community Facilities District and he indicated this condition need be imposed since no new units are being created.
Chair Marantz noted her concerns with the 40 year facility and the infrastructure problems.
Commissioner Ringlein requested the applicant address the tenants right to continue to rent indefinitely. Jon Rodrigue provided further details relating ownership of land, the condominium overly and the renter’s and owner’s rights.
Chair Marantz stated she did not feel she has enough information to make a decision at this point.
Commissioner Caffery clarified the Commission’s role for this project is acceptance of the findings staff has provided. He summarized the findings and noted all the questions and concerns which have been brought up are State regulated. Craig A. Ewing responded that the internal improvements of the park are regulated by the State and prevent local involvement. Commissioner Caffery suggested a continuance with the City Attorney present to provide the Commission with the law. Otherwise, he felt the conditions of approval met the findings.
Craig A. Ewing stated if there is an area of uncertainty on the Commissions part relating to an updated Tenant Impact Report (TIR) this may be an issue to explore at a future meeting.
Commissioner Hutcheson stated he prefers further clarification regarding the easement rather than adding a condition.
Motion to To continue, to an indefinite date, as amended:
*The City Attorney to be present.
*The City Attorney to advise the Commission on the submittal of an updated Tenant Impact
Report.
*Clarification on the easement location. Moved by Caffery, seconded by Scott.
Vote to To continue, to an indefinite date, as amended:
*The City Attorney to be present.
*The City Attorney to advise the Commission on the submittal of an updated Tenant Impact
Report.
*Clarification on the easement location. (Approved)
A recess was taken at 3:32 p.m. The meeting resumed at 3:43 p.m.
8. Case 5.1127 MAJ / GPA / PDD 332 - An application by Khalil Ailabouni for a proposed General Plan Amendment to reclassify existing land use of L-6 and M15 to GC (General Commercial) and a Change of Zone from R-G-A(6) and R-2 to Planned Development District (PD-332) to establish new design standards and guidelines for the development of a retail commercial and office complex to be located at 3201 North Indian Canyon Drive, Zoned R-G-A-6 and R-2, Section 3, APN’s: 504-121-005; 006 and 010. (Project Planner: Fred Lowndes, Associate Planner)
Fred Lowndes, Associate Planner, provided background information as outlined in the staff report dated April 11, 2007.
Chair Marantz requested staff address the surrounding areas and questioned the area toward the west of this property and the setbacks. Staff responded that the property towards the west is a single family residence and the remainding parcels are vacant.
Chair Marantz opened the Public Hearing.
-William Kleindienst, WWCOT/Mills Architects, provided details pertaining to the distance from
the residential area, landscaping, height, the elevatator shaft, the meandering bike path and
going beyond the required setbacks. He summarized a request for modification and/or deletion
of conditions.
-Khris Benz, spoke in support of this project; stating this project will revitalize this area of the
city.
-Phillip Trail, Palm Springs, spoke in support of this project, and stated this area is in need of
commercial services.
There being no further comments, the Public Hearing was closed.
Commissioner Hutcheson requested the applicant address any solar features incorporated into the project. William Kleindienst responded this building is not LEED certified however they will be meet or exceed Title 24 requirements.
The Commission discussed storefront windows blocked with storage, the height and mechanical screening for the elevator.
Motion to To adopt the draft Negative Declaration and approve Case 5.1127 MAJ / GPA PD 332 and recommend approval to the City Council, as amended:
*Condition #12 - ". . . prior to issuance of final occupancy."
*Condition #14 - delete
*Condition #25 - delete
*Condition #27, #29 and #31 - to remain in effect.
*Condition #45 - delete "30 inch stop sign" wording and stop bar and stop legend to remain.
Moved by Vice Chair Hochanadel, seconded by Cohen.
Vote to To adopt the draft Negative Declaration and approve Case 5.1127 MAJ / GPA PD 332 and recommend approval to the City Council, as amended:
*Condition #12 - ". . . prior to issuance of final occupancy."
*Condition #14 - delete
*Condition #25 - delete
*Condition #27, #29 and #31 - to remain in effect.
*Condition #45 - delete "30 inch stop sign" wording and stop bar and stop legend to remain.
(Approved)
Commissioner Hutcheson left the meeting and exited the Council Chamber at 4:18 p.m.
9. Case 5.1151 ZTA - A request to consider a zoning ordinance text amendment to modify Chapter 94.06.01, to allow front and side yard setbacks on Major and Secondary thoroughfares to be reduced up to the same amount as front and side yard setbacks on Local/Collector streets through the Administrative Minor Modification (AMM) process. (Project Planner: Bryan Fernandez, Assistant Planner)
Bryan Fernandez, Assistant Planner, reported a correction on Exhibit A, 1.a, the 2nd sentence should read "Single-family dwellings on Major and Secondary thoroughfares may be allowed a reduction of front and side yard up to the amount allowed for single-family dwellings . . ." He provided background information as outlined in the staff report dated April 11, 2007.
Chair Marantz opened the Public Hearing and there being no comments the Public Hearing was closed.
Motion to To recommend approval to the City Council. Moved by Ringlein, seconded by Cohen.
Vote to To recommend approval to the City Council. (Approved)
10. Case 5.1147 SNC - An application by Century Vintage Homes to change the name of North Indian Avenue to North Indian Canyon Drive beginning from the I-10 corridor to the end of the city limits of the City of Palm Springs, which is approximately 0.88 miles to the north; General Plan - Major Thoroughfare. (Project Planner: David Newell, Assistant Planner)
Staff requested this item be continued to the meeting of April 25, 2007.
Motion to To continue to the Planning Commission meeting of April 25, 2007. Moved by Ringlein, seconded by Scott.
Vote to To continue to the Planning Commission meeting of April 25, 2007. (Approved)
11. COMMISSION WORK PROGRAM:
**General Plan Update
**Work Program Priorities and Subcommittee Assignments
12. CITY COUNCIL ACTIONS: Update.
Staff provided an update on the upcoming projects.
13. COMMISSION/STAFF REPORTS AND REQUESTS:
Commissioner Caffery noted he may not be in attendance for the April 25th meeting.
Commissioner Ringlein noted she would not be in attendance for the April 25th meeting. She requested staff address the status of the map indicating the location of cell towers within the City.
Chair Marantz commented on the new cases received during March 21st and 30th stating there were several requests for signs such as "For Rent", "For Sale" and "For Lease" signs. She requested staff keep these under control.
Vice Chair Hochanadel requested staff address the history of ordinances for "grandfathering-in" of setbacks. Staff responded that it is easier to identify with individual cases and will pull several zoning ordinanaces dating from the 1950’s’ and identify the setbacks from those dates.
Commissioner Scott noted he would not be in attendance for the Planning Commission meetings of April 25th, May 2nd and May 9th.
Commissioner Cohen commented on cell tower co-location and the dangers of cell tower transmission. Staff responded there are many technical problems with co-locations for cell towers; and the federal government has reported that electro-magnetic fields are not a basis for local review.
Craig A. Ewing reminded the Commission will hold a meeting on April 18, 2007 in the Council Chamber and then proceed to a site tour of Smoke Tree Ranch.
14. ADJOURNMENT: There being no further comments the meeting adjourned at 4:45 p.m.
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