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, October 19, 2007.

MISCELLANEOUS:

3.   Case 5.1012 CUP / TTM 31104 / PD 300 - A request by Negat Kohan, on behalf of the Spanish Inn, Inc.,
      for a two-year time extension to renovate the hotel, convert hotel to condominiums and construct new
      condominium building located at 640 North Indian Canyon Drive, Zone R3, Section 11,
      APN: 507-183-003 and 007. (Project Planner: Bryan Fernandez, Assistant Planner)

Craig A. Ewing, Director of Planning Services, provided background information as outlined in the staff report dated October 24, 2007. Staff stated a denial of the project could result in a derelict site over time and recommended approval of the time extension with new conditions.

Chair Marantz agreed that denial of the project would only set this project further back.

The Commission discussed building permits, the progress of the final map and installation of the traffic calming program.

Chair Marantz open Public Comments:

-Mary Lou Feenstra, Palm Springs, spoke in opposition of the project, voiced concern with the negative impact to the neighbors and violation of the vacant building ordinance.
-Graham Young, Palm Springs, spoke in opposition of the project and requested denial of the project.
-Arlene Battishill, Palm Springs, spoke in opposition of the project, voiced concern with completion of the project and requested denial of the time extension.
-Ken Feenstra, Palm Springs, suggested an alternative use for this site such as conversion to senior citizen housing in conjunction with the redevelopment agency.
-Skip Goodell, architect for the project, provided further details pertaining to the architectural drawings for the street calming designs and plan check for the stairs and balconies.
-Lisa Luisi, assistant to the Spanish Inn owners, stated many delays have occurred mostly due to the traffic calming program and complex engineering conditions.

There being no further appearances, Public Comments was closed.

Marcus Fuller, Assistant Director of Public Works, provided further details on the traffic calming plan.

Staff provided further details on the traffic calming plan, the public streets and street vacations.

Commission Caffery noted a concern with this project meeting the timelines and suggested imposing a condition to require a completion bond.

Commissioner Hutcheson noted his preference to limit approval of the time extension to only 2 to 3 weeks not for one year. Commissioner Cohen concurred.

Vice Chair Hochanadel requested staff address engineering condition #7 pertaining to widening of Indian Canyon Drive. Staff responded that the street improvements on Indian Canyon were deferred by City Council and revisions will be made.

Commissioner Hutcheson noted that he is not in favor of one year time extension and suggested a one month continuance.

Negat Kohan, applicant, reassured the Commission that the funds for the project are available and emphasized their commitment to complete the street improvements.

Commissioner Scott suggested that the applicant provide to the Director of Planning Services proof of financial responsibility to complete the project and proof that the applicant has subcontractors under contract to complete the project.

Mr. Ewing recommended two weeks for approval of the street improvements (issuance of the traffic improvement plan permit) and direct staff to return with a resolution granting the extension with an amended development schedule, as discussed.

Motion to To approve, refer staff to bring back a resolution, as amened:

Development Schedule:
Milestone 1 - Approve street improvement plans related to the Movie Colony Traffic Calming Program, no later than November 7, 2007.
Milestone 2 - Record Final Map and install street improvement plans, no later than February 7, 2008.
Milestone 3 - All internal demolition, 3 months after final map.
Milestone 4 - Apply for grading permits, 6 months after final map.
Milestone 5 - Apply for building permits and submit construction plans, 6 months after final map.
Milestone 6 - Secure grading permits, 1 year after final map.
Milestone 7 - Secure building permits, 1 year after final map.
Milestone 8 - Complete construction, 2 years after final map.
Milestone 9 - Certificate of occupancy, 3 years after final map.

Project Condition:
Failure to meet the milestones will result in an automatic expiration of the entitlement. Moved by Hutcheson, seconded by Cohen.

Vote to To approve, refer staff to bring back a resolution, as amened:

Development Schedule:
Milestone 1 - Approve street improvement plans related to the Movie Colony Traffic Calming Program, no later than November 7, 2007.
Milestone 2 - Record Final Map and install street improvement plans, no later than February 7, 2008.
Milestone 3 - All internal demolition, 3 months after final map.
Milestone 4 - Apply for grading permits, 6 months after final map.
Milestone 5 - Apply for building permits and submit construction plans, 6 months after final map.
Milestone 6 - Secure grading permits, 1 year after final map.
Milestone 7 - Secure building permits, 1 year after final map.
Milestone 8 - Complete construction, 2 years after final map.
Milestone 9 - Certificate of occupancy, 3 years after final map.

Project Condition:
Failure to meet the milestones will result in an automatic expiration of the entitlement. (Approved)

ARCHITECTURAL REVIEW:

4.   Case 5.1025 PD 307 - An application by H & H Investments, LLC, seeking approval for the Final
      Development Plans for a previously approved commercial shopping center located on the northwest
      corner of North Sunrise Way and East Tahquitz Canyon Way, Zone PD 307, Section 14, APN’s: 508-
      070-035 and 042. (Project Planner: David A. Newell, Assistant Planner)

David Newell, Assistant Planner, provided background information as outlined in the staff report dated October 24, 2007. Staff reported that the Architectural Advisory Committee and Tribal Council are both in support of the project.

Staff provided further details on the minor changes made to the project relating to the pedestrian entry, the access points and the median on Sunrise Way.

Commissioner Caffery commented that he served on the Indian Planning Commission when this project came before them and discussion was made on a monument sign on this corner.

Allen Sanborn, architect for the project, provided further details and stated that the conditions have been met with the inclusion of the monument, enhanced landscaping and circulation plans.

Commissioner Cohen suggested an art project for the construction fencing and commended the applicant on the circulation plan. Mr. Sanborn noted that the intent is to build it all in a single phase.

Motion to To approve, as submitted. Moved by Caffery, seconded by Cohen.

Vote to To approve, as submitted. (Approved)

PUBLIC HEARINGS:

5.   Case 6.504 VAR - An application by Paul Thiebaud for a Variance request to reduce the required five
      feet pool setback from the property line for a lap pool located at 222 East Palo Verde Avenue, Zone R-1
      -C, Section 23, APN: 508-291-019. (Project Planner: David A. Newell, Assistant Planner)

David Newell, Assistant Planner, provided background information as outlined in the staff report dated October 24, 2007. Staff reported that the lap pool was built without permits.

Commissioner Ringlein requested staff address if the fire department had any safety concerns. Staff responded that the fire department requires a 5 feet wide minimum access path around structures.

Chair Marantz opened the Public Hearing:

-Paul Thiebaud, applicant, provided further details on the construction of the lap pool and noted swimming is the main source of exercise for his family. Mr. Thiebaud reported that he was ill-advised by his former contractor pertaining to the setbacks requirements.
-Lance O’Donnell, architect for the project, reiterated his client’s use of the lap pool is for fitness and therapeutic use. Mr. O’Donnell addressed fire access, letters of support from adjacent neighbors and requested relief from the 5 feet setback.

There being no further comments the Public Hearing was closed.

Chair Marantz noted an e-mail was received from several neighbors stating opposition to this request. Chair Marantz stated she is not in favor of this request and feels a precedent would be set for approving projects that have not met the setback requirements.

Commissioner Cohen requested the applicant address if the lap pool could be built in another location on the property. Mr. O’Donnell responded noted that with the existing footprint of the home and guest house it would be impossible within the 5 feet setback.

Commissioner Scott noted his concern with no fire safety access path within the required five feet setback.

Motion to To deny, Case 6.504 Variance. Moved by Caffery, seconded by Vice Chair Hochanadel.

Vote to To deny, Case 6.504 Variance. (Approved)

Staff reported that the Planning Commission decision may be appealed in writing to the City Clerk.

A recess was taken at 3:46 p.m.

The meeting resumed at 3:55 p.m.

6.   Case 5.1172 ZTA - An application by the City of Palm Springs to amend the Palm Springs Zoning Code
      regarding the standards and regulations for the development of Condominium Hotels. (Project Planner:
      Craig A. Ewing, Director of Planning Services)

Staff reported that the City Attorney has further revisions to the Item and has requested a continuance to the meeting of November 14, 2007.

Motion to To continue, to the meeting of November 14, 2007. Moved by Ringlein, seconded by Caffery.

Vote to To continue, to the meeting of November 14, 2007. (Approved)

7.   Case 5.1173 ZTA - An application by The City of Palm Springs to amend the Palm Springs Zoning Code
      regarding the standards and regulations for establishing office uses in the Central Business District (C-
      B-D) zone, the downtown area generally defined as Palm Canyon and Indian Canyon Drives, between
      Alejo and Ramon Roads and adjacent streets. (Project Planner: Craig A. Ewing, Director of Planning
      Services)

Craig A. Ewing, Director of Planning Services, provided background information as outlined in the staff report dated October 24, 2007.

Commissioner Ringlein reminded staff this item was discussed at a study session and the consensus of the Commission was not to prohibit offices in the downtown but subject to a Conditional or Land Use Permit. Ms. Ringlein that city staff assigned to the downtown area provide more outreach to business owners.

Commissioner Cohen concurred with Ms. Ringlein and noted that public comments made at the study session, by downtown business owners, stated their preference to have these buildings occupied rather than sit vacant for many years.

Commissioner Caffery noted his preference for verbiage in the draft City Council Ordinance, #37, to state " . . . any frontage on Palm Canyon will be regulated according to Palm Canyon rules".

Chair Marantz opened the Public Hearing:

-Martha Higgins, property manager for Wessman Development Company, requested leniency during the interim period of the downtown redevelopment and provided further details on their difficultiy in leasing retail space at Plaza Las Flores between Indian Canyon and Palm Canyon Way.

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

Staff noted that exisiting legally-established offices would be subject to a grandfather condition.

Motion to To recommend approval to the City Council; as amended:

*Offices on Palm Canyon Way, subject to a Conditional Use Permit.
*Offices off of Palm Canyon Way (side streets), subject to a Land Use Permit.
*A review of the ordinance in two years. Moved by Ringlein, seconded by Cohen.

Vote to To recommend approval to the City Council; as amended:

*Offices on Palm Canyon Way, subject to a Conditional Use Permit.
*Offices off of Palm Canyon Way (side streets), subject to a Land Use Permit.
*A review of the ordinance in two years. (Approved)

OTHER BUSINESS:

8. Appointment of Donald Wexler as an Alternate Member and Allen Sanborn as a Member to the
Architectural Advisory Committee.

Craig A. Ewing reported that Donald Wexler has requested to serve as an alternate member of the Architecture Advisory Committee due to his schedule. A request has also been received from Allen Sanborn indicating his willingness to serve as a permanent member of the Architectural Advisory Committee. Mr. Ewing suggested (since the ordinance states only two alternate members) making Mr. Paul Ortega a permanent member of the Architectural Advisory Committee.

Motion to To appoint Donald Wexler as an Alternate Member and appoint Allen Sanborn as a Permanent Member to the Architectural Advisory Committee; and appoint Paul Ortega, as a Permanant Member, to serve as a Permanent Member. Moved by Vice Chair Hochanadel, seconded by Cohen.

Vote to To appoint Donald Wexler as an Alternate Member and appoint Allen Sanborn as a Permanent Member to the Architectural Advisory Committee; and appoint Paul Ortega, as a Permanant Member, to serve as a Permanent Member. (Approved)

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

Mr. Ewing provided an update on the new Downtown Subcommittee initiated by the City Council, the status of the General Plan Update and addressed updating of the Zoning Code.

10. COMMISSION/STAFF REPORTS AND REQUESTS:

Ms. Ringlein reported landscaping and signage is in poor condition at the Sosa’s Plaza on the corner of Vista Chino and Gene Autry Way. Staff responded this would be forwarded to Code Enforcement.

Commissioner Caffery suggested having a discussion on drugstores in the area west of Farrell and defining land uses in this area.

11. ADJOURNMENT:

There being no further comments, the meeting adjourned at 4:32 p.m.

Oct 24, 2007 Planning Commission

Full agenda
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CALL TO ORDER:

The meeting was called to order at 1:33 p.m.

ROLL CALL:

Roll Call: 7 members present, 0 members absent, 0 members 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, October 19, 2007.

ACCEPTANCE OF THE AGENDA:

The agenda was accepted, as presented.

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

CONSENT CALENDAR:

Commissioner Hutcheson requested staff address if any objections were received from neighbors pertaining to Item 2D. Staff responded that no objections were received.

Motion to To approve, Items 2A, 2B, 2C and 2D, as part of the Consent Calendar. Moved by Hutcheson, seconded by Vice Chair Hochanadel.

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

MISCELLANEOUS:

3.   Case 5.1012 CUP / TTM 31104 / PD 300 - A request by Negat Kohan, on behalf of the Spanish Inn, Inc.,
      for a two-year time extension to renovate the hotel, convert hotel to condominiums and construct new
      condominium building located at 640 North Indian Canyon Drive, Zone R3, Section 11,
      APN: 507-183-003 and 007. (Project Planner: Bryan Fernandez, Assistant Planner)

Chair Marantz agreed that denial of the project would only set this project further back.

The Commission discussed building permits, the progress of the final map and installation of the traffic calming program.

Marcus Fuller, Assistant Director of Public Works, provided further details on the traffic calming plan.

Staff provided further details on the traffic calming plan, the public streets and street vacations.

Commission Caffery noted a concern with this project meeting the timelines and suggested imposing a condition to require a completion bond.

Commissioner Hutcheson noted his preference to limit approval of the time extension to only 2 to 3 weeks not for one year. Commissioner Cohen concurred.

Commissioner Hutcheson noted that he is not in favor of one year time extension and suggested a one month continuance.

Negat Kohan, applicant, reassured the Commission that the funds for the project are available and emphasized their commitment to complete the street improvements.

ARCHITECTURAL REVIEW:

4.   Case 5.1025 PD 307 - An application by H & H Investments, LLC, seeking approval for the Final
      Development Plans for a previously approved commercial shopping center located on the northwest
      corner of North Sunrise Way and East Tahquitz Canyon Way, Zone PD 307, Section 14, APN’s: 508-
      070-035 and 042. (Project Planner: David A. Newell, Assistant Planner)

Staff provided further details on the minor changes made to the project relating to the pedestrian entry, the access points and the median on Sunrise Way.

Commissioner Caffery commented that he served on the Indian Planning Commission when this project came before them and discussion was made on a monument sign on this corner.

Allen Sanborn, architect for the project, provided further details and stated that the conditions have been met with the inclusion of the monument, enhanced landscaping and circulation plans.

Commissioner Cohen suggested an art project for the construction fencing and commended the applicant on the circulation plan. Mr. Sanborn noted that the intent is to build it all in a single phase.

Motion to To approve, as submitted. Moved by Caffery, seconded by Cohen.

Vote to To approve, as submitted. (Approved)

PUBLIC HEARINGS:

5.   Case 6.504 VAR - An application by Paul Thiebaud for a Variance request to reduce the required five
      feet pool setback from the property line for a lap pool located at 222 East Palo Verde Avenue, Zone R-1
      -C, Section 23, APN: 508-291-019. (Project Planner: David A. Newell, Assistant Planner)

David Newell, Assistant Planner, provided background information as outlined in the staff report dated October 24, 2007. Staff reported that the lap pool was built without permits.

Commissioner Ringlein requested staff address if the fire department had any safety concerns. Staff responded that the fire department requires a 5 feet wide minimum access path around structures.

Commissioner Scott noted his concern with no fire safety access path within the required five feet setback.

Motion to To deny, Case 6.504 Variance. Moved by Caffery, seconded by Vice Chair Hochanadel.

Vote to To deny, Case 6.504 Variance. (Approved)

Staff reported that the Planning Commission decision may be appealed in writing to the City Clerk.

A recess was taken at 3:46 p.m.

The meeting resumed at 3:55 p.m.

6.   Case 5.1172 ZTA - An application by the City of Palm Springs to amend the Palm Springs Zoning Code
      regarding the standards and regulations for the development of Condominium Hotels. (Project Planner:
      Craig A. Ewing, Director of Planning Services)

Staff reported that the City Attorney has further revisions to the Item and has requested a continuance to the meeting of November 14, 2007.

Motion to To continue, to the meeting of November 14, 2007. Moved by Ringlein, seconded by Caffery.

Vote to To continue, to the meeting of November 14, 2007. (Approved)

7.   Case 5.1173 ZTA - An application by The City of Palm Springs to amend the Palm Springs Zoning Code
      regarding the standards and regulations for establishing office uses in the Central Business District (C-
      B-D) zone, the downtown area generally defined as Palm Canyon and Indian Canyon Drives, between
      Alejo and Ramon Roads and adjacent streets. (Project Planner: Craig A. Ewing, Director of Planning
      Services)

Craig A. Ewing, Director of Planning Services, provided background information as outlined in the staff report dated October 24, 2007.

Commissioner Caffery noted his preference for verbiage in the draft City Council Ordinance, #37, to state " . . . any frontage on Palm Canyon will be regulated according to Palm Canyon rules".

Staff noted that exisiting legally-established offices would be subject to a grandfather condition.

OTHER BUSINESS:

8. Appointment of Donald Wexler as an Alternate Member and Allen Sanborn as a Member to the
Architectural Advisory Committee.

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

Mr. Ewing provided an update on the new Downtown Subcommittee initiated by the City Council, the status of the General Plan Update and addressed updating of the Zoning Code.

10. COMMISSION/STAFF REPORTS AND REQUESTS:

Ms. Ringlein reported landscaping and signage is in poor condition at the Sosa’s Plaza on the corner of Vista Chino and Gene Autry Way. Staff responded this would be forwarded to Code Enforcement.

Commissioner Caffery suggested having a discussion on drugstores in the area west of Farrell and defining land uses in this area.

11. ADJOURNMENT:

There being no further comments, the meeting adjourned at 4:32 p.m.

Oct 24, 2007 Planning Commission

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