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, May 18, 2007.

Craig A. Ewing noted a request for a continuance was received for Item 3 - Case 3.2999 SFR / 7.1215 AMM.

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

CONSENT CALENDAR:

Commissioner Hutcheson noted his abstention on Item 2B. Chair Marantz noted her abstention on Item 2B.

Motion to To approve, as apart of the Consent Agenda. (Noting Commissioner Hutcheson's abstention on Item 2B and Chair Marantz's abstention on Item 2B.) Moved by Scott, seconded by Cohen.

Vote to To approve, as apart of the Consent Agenda. (Noting Commissioner Hutcheson's abstention on Item 2B and Chair Marantz's abstention on Item 2B.) (Approved)

2A. Draft Minutes of April 11, 2007

2B. Case 5.1046 PD 232 / TTM 33341 - An application by Greg Trousdell on behalf of Aqua Palm Springs, LLC, requesting a one-year time extension for Final Planned Development 232 for the re-subdivision of 24 acres and construction of 156 condominiums located at 2705 East Tahquitz Canyon Way, Zone P, Section 13. (Project Planner: Bryan Fernandez, Assistant Planner)

MISCELLANEOUS

3.    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 Caffery noted his abstention and would not be participating in the discusion and vote. He left the Council Chamber 2:08 p.m.

The Commission and staff discussed the request for a continuance.

Commissioner Hutcheson requested the applicant state his intent for a continuance. Mr. Steven Van responded his intent is to appease the entire neighborhood and plans to proceed with a 2-story home.

Commissioner Hutcheson stated he is not in favor of this project. He noted that the Commission has previously heard a lot of public testimony and feels an obligation to protect the character of the neigborhood.

Motion to To deny, Case No. 3.2999 SFR and 7.1215 AMM. Moved by Hutcheson, seconded by Scott.

Vote to To deny, Case No. 3.2999 SFR and 7.1215 AMM. (Approved)

Craig A. Ewing noted this action may be appealed to the City Council in accordance with city regulations.

Commissioner Caffery re-entered the Council Chamber at 2:13 p.m.

4.   Case 3.2941 MAJ / 5.1103 CUP - An application by Palm Springs Modern Homes VI, LLC,
      to amend the existing architectural approval to replace the approved carport trellis with
      a fabric sail located at 2855 North Palm Canyon Drive, Zone R-3, Section 3. (Project
      Planner: Christopher Ison, Planning Technician)

Chair Marantz noted her abstention and would not be participating in the discussion and vote. She left the Council Chamber at 2:14 p.m. Commissioner Hutcheson noted his abstention and would not be participating in the discussion and vote. He left the Council Chamber at 2:14 p.m.

Christopher Ison, Planning Technician, provided background information as outlined in the staff report dated May 23, 2007.

James Cioffi, architect, submitted a sample of the proposed material and provided additional details. His noted his preference for the material is white but is willing to change the color, if the Commission so desires.

The consensus of the Commission is neutral desert color.

Motion to To approve, the shade sail around the pool area cabanas and carport areas; color to be determined by the architect. MOTION WAS LOST DUE TO A SECOND. Moved by Caffery. The motion did not receive a second and was lost.

Motion to Approve To approve, the shade sail around the pool area cabanas and carports, as amended:

*Neutral color to blend-in harmoniously with the enivronment. Moved by Ringlein, seconded by Cohen.

Vote to Approve To approve, the shade sail around the pool area cabanas and carports, as amended:

*Neutral color to blend-in harmoniously with the enivronment. (Approved)

Chair Marantz and Commissioner Hutcheson re-entered the Council Chamber 2:25 p.m.

5. Appointment of Alternate Member of the Architectural Advisory Committee - Paul Ortega.

Craig A. Ewing provided details on the nomination of a Landscape Architect for an Alternate Member of the Architectural Advisory Committee.

Motion to To appoint, Paul Ortega as Alternate Member to the Architectural Advisory Committee. Moved by Caffery, seconded by Hutcheson.

Vote to To appoint, Paul Ortega as Alternate Member to the Architectural Advisory Committee. (Approved)

PUBLIC HEARINGS:

6.   Case 5.1104 GPA - An application by Hank Gordon on behalf of Laurich Properties, Inc.,
     for a General Plan Amendment to the Section 14 Specific Plan to allow drive-through uses
     and "General Retail Uses" as a permitted use subject to a Conditional Use Permit in the
     Resort Attraction (RA) zone located on the southwest corner of Tahquitz Canyon Way
     and Sunrise Way. (Project Planner: Ken Lyon, Associate Planner)

Ken Lyon, Associate Planner, stated the applicant has asked that the "General Retail Uses" request be dropped from consideration so that the only matter before the Commission today is the request for a General Plan Amendment to allow drive-through uses. Mr. Lyon provided background information as outlined in the staff report dated May 23, 2007.

Chair Marantz opened the Public Hearing.

-Hank Gordan, applicant, addressed a discrepancy with the memorandum from the Agua Caliente Band of Cahuilla Indians dated April 3, 2006.
-Wesley Cole, Palm Springs, spoke in opposition of drive-throughs.
-Hank Gordan, applicant rebuttal, stated all the new pharmacies in the city provide drive through prescription pick-up windows for convenience.

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

Commissioner Scott requested staff confirm the tribe’s denial of the application. Staff responded that it has been heard both by the Tribal Planning Commission and the Tribal Council and both entities recommend denial.

Commissioner Ringlein commented that as a member of General Plan Steering Committee, the neighborhood representatives reviewed the Section 14 Plan and the consensus was that drive throughs are undesirable in the community.

Motion to To deny, Case 5.1104 General Plan Amendment. Moved by Caffery, seconded by Ringlein.

Vote to To deny, Case 5.1104 General Plan Amendment. (Approved)

7.   Case 5.1139 CUP / 5.1140 CZ - An application by Spencer Recovery Center, Inc. for a
      Change of Zone from C-1 to R-3 and a Conditional Use Permit to allow an assisted living
      center/substance abuse treatment center located at the Las Palmas Hotel, 1404 North Palm Canyon Drive, Zone C-
1, Section 10, APN: 505-184-011. (Project Planner: Ken Lyon, Associate Planner)

Commissioner Hutcheson stated his abstention on Item 7 and Item 8 and would not participating in the discussion and vote. He left the Council Chamber at 2:45 p.m.

Ken Lyon, Associate Planner, provided background information as outlined in the staff report dated on May 23, 2007. Mr. Lyon reported two letters of opposition were received.

Commissioner Caffery noted a concern with this type of usage in the downtown area and could not support the project.

Chair Marantz opened the Public Hearing.

-Gerald Douglas, Palm Springs, stated concern with the type of visitors coming to the residential area.
-Samuel Baek, Palm Springs, spoke in opposition of the project, concerned with increased drug and criminal activity in the neighborhood.
-Casey Lesher, Palm Springs, spoke in favor of the treatment center.
-Donna King, Palm Springs, drug & alcohol counselor, stated that she is very familiar with treatment center and spoke in favor of the project.
-James Bonghecht, spoke in favor of the project; stated he is a recovering alcoholic addict and people who are using drugs do not visit patients in treatment centers.
-Gabe Hynes, Dana Point, addressed the concerns and reiterated that people who come to the treatment center are people who want help.

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

Commisisoner Ringlein commented she would like to hear how these treatment centers have worked in other communities.

Motion to Approve To continue, refer applicant to bring back references from communities where current business is conducted. MOTION WAS LOST DUE TO A LACK OF A SECOND. Moved by Ringlein. The motion did not receive a second and was lost.

Motion to To deny Case 5.1139 Conditional Use Permit and Case 5.1140 Change of Zone. Moved by Caffery, seconded by Vice Chair Hochanadel.

Vote to To deny Case 5.1139 Conditional Use Permit and Case 5.1140 Change of Zone. (Approved)

Craig A. Ewing stated this action is subject to appeal to the City Council in accorandance with city regulations.

A recess was taken at 3:20 p.m. The meeting resumed at 3:30 p.m.

8.   Case 5.1115 CUP / 6.493 VAR - An application by Dillon Wind LLC, for a Conditional Use
      Permit to allow the development of five 1-megawatt wind energy conversion systems
      (WECS) in Area 5. The application also includes a Variance application to exceed the
      300 foot commercial WECS height limit. Area 5 is located within the limits of the City of
      Palm Springs approximately 6,000 feet west of Indian Avenue and 2000 feet north of I-
      10.  (Project Planner: Edward Robertson, Principal Planner)

Commissioner Hutcheson previously noted his abstention and would not be participating in the discussion and vote. He left the Council Chamber at 2:45 p.m.

Commissioner Cohen noted a business related conflict of interest and would be abstaining from the discussion and vote. He left the Council Chamber at 3:35 p.m.

Edward Robertson, Principal Planner, provided background information as outlined in the staff report dated May 23, 2007. He stated that Riverside County is the C.E.Q.A. lead agency for this project's Environmental Impact Report.

Chair Marantz opened the Public Hearing.

Andy Liehan, Portland Oregan, Director of Wind Energy Permitting for PPM Energy, provided additional information using a Power Point presentation outlining the benefits against climate change, project vicinity, energy industrial zone, existing wind turbines and community involvement.
-Ed Torres, president of the Palm Springs Economic Development Corporation, stated the PSEDC reviewed the project and recommends approval.
-Fredrick Noble, on behalf of Desert Wind Association and Wind Tech Energy, provided additional information regarding the replacement of older windmills and a bird study conducted in 1999 and 2000.

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

Commissioner Scott requested staff address the land use for the adjacent properties. Staff responded that the surrounding uses are zoned industrial or manufacturing industrial.

The Commission discussed the size of the new turbines and energy production in comparison to the existing turbines, long-term utility rates using renewable energy and the neighborhood meeting.

Motion to To adopt the Final Environmental Report, and approve Case 5.1115 Conditional Use Permit and Case 6.493 Variance. Moved by Caffery, seconded by Scott.

Vote to To adopt the Final Environmental Report, and approve Case 5.1115 Conditional Use Permit and Case 6.493 Variance. (Approved)

Commissioner Hutcheson and Commissioner Cohen re-entered the Council Chamber at 3:57 p.m.

9.   Case 5.1132 PD 333 / 3.3002 MAJ / TTM 35236 - An application by Loft Partners Palm
      Springs, LLC., to construct a 200 room hotel, 143 condominiums and a parking structure
      on 10.47 acres located at the northwest corner of Amado Road and Avenida Caballeros, Zone R4 & RGA-8,
Section 14 (IL). (Project Planner: Edward Robertson, Principal Planner)

Craig A. Ewing, Director of Planning Services, provided background information as outlined in the staff report dated May 23, 2007. Mr. Ewing noted three letters of opposition were received.

Chair Marantz opened the Public Hearing.

-Laurie Kibbey, representing The Loft Partners, provided additional details using a Power Point presentation relating to community outreach, vision objectives, project description and amenities.
-Ed Torres, president of Palm Springs Economic Development Corp., stated the board of directors approved the project with the 2 stipulations: a review of the site lines affecting neighboring properties and consideration of neighborhood commerical on Avenida Caballeros parking side.
-Candace Casey, California Development Enterprises, spoke in favor of the project and urged approval.
-Brian Harnik, on behalf of Alejo Caballeros LLC, stated a discrepancy with the review period for the environmental document and requested a continuance.
-John Weisner, Palm Springs, not opposed to the project but concerned with the height; requested story poles placed at the site.
-Wayne Cox, Palm Springs, voiced concern with the height and requested story poles.
-Haddun Libby, spoke in favor of the project and encouraged continual growth of the city.
-Ryan Espinosa, Palm Springs, spoke in support of the project and urged the project to move forward.
-Lea Goodsell, Palm Springs, provided statistics of hotel rooms in other cities and spoke in support of the project.
-Wesley Cole, Palm Springs, spoke in favor of the project and commended the development team.
-Phil Balen, Palm Springs, stated he is "pro" development however is concerned with the heights.
-Dennis Freeman, represents Alejo Caballeros II, voiced concern with the balcony views from the adjacent property and requested story poles.
-Laurie Kibby, applicant rebuttal, provided further details pertaining to setbacks, elevations and the photos simulations of views from adjacent properties.

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

Motion to To continue, to the meeting of June 13, 2007; and refer the applicant to provide story poles or balloons at the proposed site. Moved by Ringlein, seconded by Cohen.

Vote to To continue, to the meeting of June 13, 2007; and refer the applicant to provide story poles or balloons at the proposed site. (Approved)

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

11. CITY COUNCIL ACTIONS: Update.

12. COMMISSION/STAFF REPORTS AND REQUESTS:

Chair Marantz reported the Architectural Advisory Committee has interest in a citywide standardized bus port system. Mr. Ewing responded this concern would be forwarded to the Public Works Department.

13. ADJOURNMENT:

There being no further comments, the meeting adjourned at 5:08 p.m.

May 23, 2007 Planning Commission

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

CONSENT CALENDAR:

Commissioner Hutcheson noted his abstention on Item 2B. Chair Marantz noted her abstention on Item 2B.

Motion to To approve, as apart of the Consent Agenda. (Noting Commissioner Hutcheson's abstention on Item 2B and Chair Marantz's abstention on Item 2B.) Moved by Scott, seconded by Cohen.

Vote to To approve, as apart of the Consent Agenda. (Noting Commissioner Hutcheson's abstention on Item 2B and Chair Marantz's abstention on Item 2B.) (Approved)

2A. Draft Minutes of April 11, 2007

MISCELLANEOUS

3.    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 Caffery noted his abstention and would not be participating in the discusion and vote. He left the Council Chamber 2:08 p.m.

The Commission and staff discussed the request for a continuance.

Commissioner Hutcheson requested the applicant state his intent for a continuance. Mr. Steven Van responded his intent is to appease the entire neighborhood and plans to proceed with a 2-story home.

Motion to To deny, Case No. 3.2999 SFR and 7.1215 AMM. Moved by Hutcheson, seconded by Scott.

Vote to To deny, Case No. 3.2999 SFR and 7.1215 AMM. (Approved)

Craig A. Ewing noted this action may be appealed to the City Council in accordance with city regulations.

Commissioner Caffery re-entered the Council Chamber at 2:13 p.m.

4.   Case 3.2941 MAJ / 5.1103 CUP - An application by Palm Springs Modern Homes VI, LLC,
      to amend the existing architectural approval to replace the approved carport trellis with
      a fabric sail located at 2855 North Palm Canyon Drive, Zone R-3, Section 3. (Project
      Planner: Christopher Ison, Planning Technician)

Christopher Ison, Planning Technician, provided background information as outlined in the staff report dated May 23, 2007.

The consensus of the Commission is neutral desert color.

Vote to Approve To approve, the shade sail around the pool area cabanas and carports, as amended:

*Neutral color to blend-in harmoniously with the enivronment. (Approved)

Chair Marantz and Commissioner Hutcheson re-entered the Council Chamber 2:25 p.m.

5. Appointment of Alternate Member of the Architectural Advisory Committee - Paul Ortega.

Craig A. Ewing provided details on the nomination of a Landscape Architect for an Alternate Member of the Architectural Advisory Committee.

Motion to To appoint, Paul Ortega as Alternate Member to the Architectural Advisory Committee. Moved by Caffery, seconded by Hutcheson.

Vote to To appoint, Paul Ortega as Alternate Member to the Architectural Advisory Committee. (Approved)

PUBLIC HEARINGS:

6.   Case 5.1104 GPA - An application by Hank Gordon on behalf of Laurich Properties, Inc.,
     for a General Plan Amendment to the Section 14 Specific Plan to allow drive-through uses
     and "General Retail Uses" as a permitted use subject to a Conditional Use Permit in the
     Resort Attraction (RA) zone located on the southwest corner of Tahquitz Canyon Way
     and Sunrise Way. (Project Planner: Ken Lyon, Associate Planner)

Motion to To deny, Case 5.1104 General Plan Amendment. Moved by Caffery, seconded by Ringlein.

Vote to To deny, Case 5.1104 General Plan Amendment. (Approved)

7.   Case 5.1139 CUP / 5.1140 CZ - An application by Spencer Recovery Center, Inc. for a
      Change of Zone from C-1 to R-3 and a Conditional Use Permit to allow an assisted living
      center/substance abuse treatment center located at the Las Palmas Hotel, 1404 North Palm Canyon Drive, Zone C-
1, Section 10, APN: 505-184-011. (Project Planner: Ken Lyon, Associate Planner)

Commissioner Hutcheson stated his abstention on Item 7 and Item 8 and would not participating in the discussion and vote. He left the Council Chamber at 2:45 p.m.

Ken Lyon, Associate Planner, provided background information as outlined in the staff report dated on May 23, 2007. Mr. Lyon reported two letters of opposition were received.

Commissioner Caffery noted a concern with this type of usage in the downtown area and could not support the project.

Commisisoner Ringlein commented she would like to hear how these treatment centers have worked in other communities.

Motion to To deny Case 5.1139 Conditional Use Permit and Case 5.1140 Change of Zone. Moved by Caffery, seconded by Vice Chair Hochanadel.

Vote to To deny Case 5.1139 Conditional Use Permit and Case 5.1140 Change of Zone. (Approved)

Craig A. Ewing stated this action is subject to appeal to the City Council in accorandance with city regulations.

A recess was taken at 3:20 p.m. The meeting resumed at 3:30 p.m.

8.   Case 5.1115 CUP / 6.493 VAR - An application by Dillon Wind LLC, for a Conditional Use
      Permit to allow the development of five 1-megawatt wind energy conversion systems
      (WECS) in Area 5. The application also includes a Variance application to exceed the
      300 foot commercial WECS height limit. Area 5 is located within the limits of the City of
      Palm Springs approximately 6,000 feet west of Indian Avenue and 2000 feet north of I-
      10.  (Project Planner: Edward Robertson, Principal Planner)

Commissioner Hutcheson previously noted his abstention and would not be participating in the discussion and vote. He left the Council Chamber at 2:45 p.m.

Commissioner Cohen noted a business related conflict of interest and would be abstaining from the discussion and vote. He left the Council Chamber at 3:35 p.m.

Commissioner Scott requested staff address the land use for the adjacent properties. Staff responded that the surrounding uses are zoned industrial or manufacturing industrial.

The Commission discussed the size of the new turbines and energy production in comparison to the existing turbines, long-term utility rates using renewable energy and the neighborhood meeting.

Motion to To adopt the Final Environmental Report, and approve Case 5.1115 Conditional Use Permit and Case 6.493 Variance. Moved by Caffery, seconded by Scott.

Vote to To adopt the Final Environmental Report, and approve Case 5.1115 Conditional Use Permit and Case 6.493 Variance. (Approved)

Commissioner Hutcheson and Commissioner Cohen re-entered the Council Chamber at 3:57 p.m.

9.   Case 5.1132 PD 333 / 3.3002 MAJ / TTM 35236 - An application by Loft Partners Palm
      Springs, LLC., to construct a 200 room hotel, 143 condominiums and a parking structure
      on 10.47 acres located at the northwest corner of Amado Road and Avenida Caballeros, Zone R4 & RGA-8,
Section 14 (IL). (Project Planner: Edward Robertson, Principal Planner)

Craig A. Ewing, Director of Planning Services, provided background information as outlined in the staff report dated May 23, 2007. Mr. Ewing noted three letters of opposition were received.

Motion to To continue, to the meeting of June 13, 2007; and refer the applicant to provide story poles or balloons at the proposed site. Moved by Ringlein, seconded by Cohen.

Vote to To continue, to the meeting of June 13, 2007; and refer the applicant to provide story poles or balloons at the proposed site. (Approved)

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

11. CITY COUNCIL ACTIONS: Update.

12. COMMISSION/STAFF REPORTS AND REQUESTS:

13. ADJOURNMENT:

There being no further comments, the meeting adjourned at 5:08 p.m.

May 23, 2007 Planning Commission

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