Video index
CALL TO ORDER:
The meeting was called to order at 1:33 p.m.
ROLL CALL:
Roll Call: 6 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, January 4, 2008.
ACCEPTANCE OF THE AGENDA:
The agenda was accepted, as presented.
1. PUBLIC COMMENTS: (Three minute time limit.)
Chair Marantz opened Public Comments:
-Wesley Cole, Palm Springs, spoke in regards to Item 9, voiced concern with an existing massage establishment on Palm Canyon Drive; requested tighter restrictions to maintain control.
There being no further comments, Public Comments was closed.
CONSENT CALENDAR:
Vice Chair Hochanadel noted a correction on the vicinity map for Items 2D and 2E, the cross-street is Vista Chino Way not Palm Canyon Drive.
Motion to To approve, Items 2A, 2B, 2C, 2D and 2E, as part of the Consent Calendar. Moved by Cohen, seconded by Caffery.
Vote to To approve, Items 2A, 2B, 2C, 2D and 2E, as part of the Consent Calendar. (Approved)
2A. Draft minutes of November 7, 20007, November 14, 2007, November 28, 2007 and December 12, 2007.
Approved, as part of the Consent Calendar.
2B. Case 3.2999 SFR / 7.1215 AMM - Draft resolution of denial for a request by Steven Van to consider a
re-designed single-family residence on a hillside lot located at 350 El Portal Road, Zone R-1-B, Section,
27, APN: 513-380-078.
Approved, as part of the Consent Calendar.
2C. Case 5.0889 AMND PD 272 (Four Seasons) - A request by K. Hovnanian to amend final development
plans for Planned Development District 272 to allow four feet of tubular steel security fencing to be
installed on top of an existing 5 CMU block perimeter wall generally located on Sunrise Way, north
of San Rafael Drive, Tentative Tract Map 30058, Zone PD 272, Section 35, APN: 669-330-050.
(Project Planner: Christopher Brown, Contract Planner)
Approved, as part of the Consent Calendar.
2D. Case 3.3165 MAJ - An application by Lalith Chandrasena to construct a 2,827 square foot professional
office building on a 7,143 square foot vacant lot located at 1865 Carriage Lane, Zone P, Section 1,
APN: 501-312-008. (Project Planner: Bryan Fernandez, Assistant Planner).
Approved, as part of the Consent Calendar.
2E. Case 3.3166 MAJ - An application by Lalith Chandrasena to construct a 2,827 square foot professional
office building on a 7,143 square foot vacant lot located at 1815 Desert Park Avenue, Zone P, Section\
1, APN: 501-312-009. (Project Planner: Bryan Fernandez, Assistant Planner).
Approved, as part of the Consent Calendar.
MISCELLANEOUS:
3. Case RV 07-05 - A request to appeal the Planning Director’s decision denying the application for a
recreational vehicle (RV) permit located at 335 West Yorba Road, Zone R-1-C, Section 3, APN: 504
-111-007. (Project Planner: Scott Taschner, Planning Technician)
Scott Taschner, Planning Technician, provided background information as outlined in the staff report dated January 9, 2008. Mr. Taschner noted that due to the size of the recreational vehicle and the proximity to the adjacent properties, there appeared no option to adequately screen the vehicle.
Staff provided further details on the relocation of a wall and the additional landscaping added to help screen the recreational vehicle.
-Jackie Swisher, applicant, stated that she purchased the property with the intention of parking the recreational vehicle and provided details on the property improvements she has made, totaling $10,000., to screen the R.V.
-Paul Tamko, Palm Springs, stated the applicant purchased the property with the understanding that R.V. parking would be allowed; and indicated the applicant has complied with the landscape improvements recommended by staff.
Vice Chair Hochanadel requested staff address the areas zoned for R.V. parking. Staff responded that R.V. parking is available in all R-1 zones, subject to screening and visibility limits.
Motion to To uphold the decision of the Planning Director. Moved by Scott, seconded by Ringlein.
Vote to To uphold the decision of the Planning Director. (Approved)
Mr. Ewing reported this action may be appealed to the City Council.
PUBLIC HEARINGS:
4. Case 5.1161 CUP-A (Gene Autry Plaza) - An application by D.R. West, LLC to amend the existing
Conditional Use Use Permit to allow a drive-through facility and construct approximately 67,232 square
feet of retail commercial at the southeast corner of Gene Autry Trail (Highway 111) and Ramon
Road, Zone W-M-1, Section 20, APN: 680-170-044. (Project Planner: David A. Newell, Assistant
Planner)
David A. Newell, Assistant Planner, provided background information as outlined in the staff report dated January 9, 2008.
Chair Marantz opened the Public Hearing:
-Jim Cioffi, Cioffi Architects, provided further details on the redesign of the project.
There being no further appearances, the Public Hearing was closed.
Chair Marantz commented that the statue (public art feature) on the corner of this intersection is was a great addition to this project and the entire area.
Motion to To approve, subject to Conditions of Approval. Moved by Scott, seconded by Ringlein.
Vote to To approve, subject to Conditions of Approval. (Approved)
5. Case 5.1162 PD 342 (Palm Mountain Resort and Spa) - An application by Palm Mountain Resort, LP, for a
General Plan Amendment and Planned Development District to renovate an existing 120 room hotel to a
188 room hotel on an approximately 2.77-acre site located at 155 South Belardo Road, Zone R3,
Section 15, APN 513-142-001. (Project Planner: Edward O. Robertson, Principal Planner)
Lyn Calerdine, Contract Planner, provided background information as outlined in the staff report dated January 9, 2008. Mr. Calerdine noted a correction on page 4 of the resolution, the density should be 641 square feet not 625 square feet.
Chair Marantz re-opened the Public Hearing:
-Tim Ellis, General Manager of Palm Mountain Resort, provided further details on the revisions made to the project pertaining to the reduction of hotel rooms, the elimination of the on-site bus parking and the utilization of compact parking spaces.
-Aftab Dada, General Manager of the Hilton Resort, emphasized the importance of having first class, quality rooms to attract conventions to the city.
-Michael Estrada, on behalf of The Matchbox and The Falls, spoke in support of the project, stating he has no no concerns with the issues of height and parking; sees no negative impact to his business and the community.
-Mark Farley, Palm Springs, spoke in support of the project, noting the importance of having affordable rooms in the city.
-Kathy Reed, Palm Springs, real estate owner, stated that all of her downtown clients (restaurants and stores) are excited to have additional rooms (tourist) within walking distance to their business.
-Angelica Romero, Palm Springs, read a letter from Blair & Jason Millar and a letter from Lee Appel, stating their support of the project.
-Jono Hildner, Palm Springs, suggested denial of the general plan amendment and compliance with the zoning ordinance.
-Lauri Alayian, Palm Springs, on behalf of the HTCNO, stated their endorsement is based upon that the applicant will proivde valet parking for overflow parking and referred to the height and mass of the Palm Hotel. .
-Ini Ghidrun, Slovak Baron & Empey, addressed testimony relating to the Palm Hotel, emphasizing that these are two entirely different projects and this project should be weighed on its own merit.
-Tracy Conrad, Palm Springs, concerned with the mass and height; recommended compliance with the zoning regulations.
-Steve Simms, Palm Springs, stated concern with the compact parking; recommended compliance with the zoning regulations.
- Lea Goodsell, Palm Springs, read a letter from Harold Matzner, stating his support of the project.
-Dana Stewart and James McKinley, Palm Springs, voiced concern with approval of projects not in conformance with the General Plan; opposed to the density and height of the project.
-Frank Tysen, Palm Springs, voiced concern with insufficient parking indicating the expansion should not violate parking and height restrictions.
-Craig Blau, Palm Springs, owns the Chase Hotel, directly adjacent to the south, would like to see this project to move forward; however, is concerned with the parking.
-Allen Sanborn, Rancho Mirage, project engineers and architect, clarified that the project does meet the parking requirements and addressed the height reduction.
-Dave Johnston, Palm Springs, lives in the neighborhood and supports the project; noting the applicant’s effort in complying with the city’s requirements.
-Tim Ellis, applicant, addressed testimony, provided further details on the application submittal in relation to the General Plan update. Mr. Ellis addressed the over-flow parking, neighborhood meetings, compact parking and the under-parking of the adjacent neighbors.
There being no further appearances, the Public Hearing was closed.
Commissioner Caffery noted a concern with the deletion of the in-lieu parking fees which provides parking elsewhere in the city.
The Commission and staff further discussed the project’s proposed on-site/off-site parking and the city’s requirements.
Commissioner Ringlein emphasized that we are a tourist community with a lack of rooms and stressed the importance for the City Council to initate a master parking plan.
Motion to Approve To approve, the Planned Development and recommend approval of the General Plan Amendment and Planned Development to the City Council, subject to Conditions of Approval, as amended: *Revised Condition #3: On-street bus parking shall be prohibited on Tahquitz Canyon Way, Belardo Road and Cahuilla Road. Upon delivery of bus passengers, buses shall be parked at on off-site location outside of the downtown corridor. Moved by Ringlein. The motion did not receive a second and was lost.
Commissioner Scott suggested an in-lieu parking fee for the 39 parking spaces or below-grade parking which would allow the increase of hotel rooms. Mr. Scott felt this is a great hotel location and encouraged the development but not to the detriment of the General Plan and the area.
Commissioner Caffery stated that the city does need the rooms and does not have a concern with the height and density of the project. However, he noted a concern with the 22 on-site parking spaces and suggested an in-lieu fee be applied to the remaining parking spaces.
Motion to To approve the Planned Development and recommend approval of the General Plan Amendment and Planned Development to the City Council, subject to Conditions of Approval, as amended:
*Eliminate the on-street parking and replace with in-lieu fees for 17 parking spaces.
*Condition #3: On-street bus parking shall be prohibited on Tahquitz Canyon Way, Belardo Road and Cahuilla
Road. Upon delivery of bus passengers, buses shall be parked at an off-site location outside of
the downtown corridor.
*Direct staff to prepare a revised resolution and bring it back to the Commission. Moved by Ringlein, seconded by Caffery.
Vote to To approve the Planned Development and recommend approval of the General Plan Amendment and Planned Development to the City Council, subject to Conditions of Approval, as amended:
*Eliminate the on-street parking and replace with in-lieu fees for 17 parking spaces.
*Condition #3: On-street bus parking shall be prohibited on Tahquitz Canyon Way, Belardo Road and Cahuilla
Road. Upon delivery of bus passengers, buses shall be parked at an off-site location outside of
the downtown corridor.
*Direct staff to prepare a revised resolution and bring it back to the Commission. (Approved)
A recess was taken at 3:05 p.m.
The meeting resumed at 3:12 p.m.
6. Cases 5.1135 PD 334, TTM 35623 (Rainbow Vision Palm Springs) - An application for a Planned
Development District and a Tentative Tract Map to construct 184 condominiums and clubhouse on
approximately 13.28 acres on the southwest corner of East Palm Canyon Drive and Matthew Drive,
Zone WR3, Section 30, APN: 681-170-038 and 039. (Project Planner: Christopher Brown, Contract
Planner)
Christopher Brown, Contact Planner, provided background information as outlined in the staff report dated January 9, 2008. Mr. Brown indicated that the applicant is requesting a maximum height of 45 feet (3 story) not the 35 feet as indicated in the staff report.
Chair Marantz opened the Public Hearing:
-Penn Estes representing the developer, thanked planning staff for their hard work and stated the project will be built in one phase.
-Dana Stewart, Palm Springs, stated she is in support of the project because it is eco-friendly and recommended solar conservation.
-Penn Estes, stated this is a fully designed and developed "green" project both environmentally friendly and energy efficient.
There being no further appearances, the Public Hearing was closed.
Staff addressed the 44 parking space reduction noting staff supports the reduction since it is likely that many patrons of the Grand Central building will be on-site residents who will not be required to drive to the facility.
Commissioner Caffery felt the in lieu-parking fees should be collected for parking reductions within planned development districts unless there is an actual calculation for shared parking.
Commissioner Scott stated he is not concerned with the parking reduction since the people using the Grand Central building will be living there.
Marcus Fuller, Assistant Director of Public Works, requested condition #44 be deleted.
Motion to To adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, approve Case 5.1135 PD 334, and recommend approval of Case 5.1135 PD 334 and TTM 35623 to the City Council, as amended:
*Condition #44 to be deleted. Moved by Scott, seconded by Cohen.
Vote to To adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, approve Case 5.1135 PD 334, and recommend approval of Case 5.1135 PD 334 and TTM 35623 to the City Council, as amended:
*Condition #44 to be deleted. (Approved)
Craig A. Ewing reported that the in-lieu fee parking fee program applies only to the CBD zone.
7. Case TPM 35817 - An application by Frank De Lelys to subdivide an approximately 0.59 acre parcel into
two lots located on the west side of North Via Miraleste between Miraleste Court and The Palms, Zone
R-1-B & R-1-C, Section 11, APN: 507-030-036. (Project Planner: David A. Newell,
Assistant Planner)
David A. Newell, Assistant Planner, provided background information as outlined in the staff report dated January 9, 2008.
Vice Chair Hochanadel requested engineering staff address if there will be an entry off of Via Miraleste. Mr. Fuller responded that this is a collector street and could be done, if so desired, however, staff will probably recommend an entry on the side street.
Chair Marantz opened the Public Hearing, and there being no appearances, the Public Hearing was closed.
Motion to To recommend approval to the City Council. Moved by Caffery, seconded by Cohen.
Vote to To recommend approval to the City Council. (Approved)
8. 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 A. Newell,
Assistant Planner)
David A. Newell, Assistant Planner, provided background information as outlined in the staff report dated January 9, 2008.
Commissioner Caffery stated he owned this property seven years ago and could provide additional information. Mr. Caffery stated he does not have a conflict of interest. Mr. Caffery noted that almost every house in this neighborhood has been grandfathered-in (to the previous zoning requirements) and provided further details on the work performed on this property.
Commissioner Caffery provided further details on the work performed and permits for the property.
Chair Marantz opened the Public Hearing:
-George Moore, owner, stated he purchased the house in 2002 and he wanted to add a garage but discovered that the additions were done without permits. Mr. Moore provided a history on the additions made to the property and indicated several neighboring homes are within the required setbacks.
There being no further appearances, the Public Hearing was closed.
Staff noted that for many years the required rear yard setback was 10 feet and the addition and non-permitted additions were built during this time. The City changed the required rear yard setbacks to 15 feet. Applications are evaluated against the zoning standards in effect, at the time of submittal, not at the time of construction.
Commissioner Ringlein suggested a continuance so that staff could provided further research concerning the surrounding properties.
Commissioner Scott stated his support based on the fact that the adjoining properties set a pattern and this building fits into the content of the neigborhood.
Motion to To approve, Case 6.497 Variance, and direct staff to bring back a resolution. Moved by Scott, seconded by Cohen.
Vote to To approve, Case 6.497 Variance, and direct staff to bring back a resolution. (Approved)
9. Case 5.1183 ZTA - An application by the City of Palm Springs for a Zoning Ordinance amendment
related to the establishment of Massage Use in the Commercial Zones. (Project Planner: Craig A.
Ewing, Director of Planning Services)
Mr. Ewing provided background information as outlined in the staff report dated January 9, 2008. Mr. Ewing noted a chapter in the Municipal Code regulates the operation of massage establishments/permits through a business license.
The Commission discussed existing stand-alone massage establishments in the downtown area. Staff responded that several businesses have been granted business licenses that have shown nominal retail uses (part of another use) and further work is required on the ordinance with regard to the definition.
Chair Marantz opened the Public Hearing and there being no appearances, the Public Hearing was closed.
The Commission discussed and concurred with staff’s recommendation, and also indicated that massage should be allowed in the Professional zone with a conditional use permit.
Motion to To recommend approval to the City Council, as amended:
*To include: Massage Use in Professional zones. Moved by Scott, seconded by Cohen.
Vote to To recommend approval to the City Council, as amended:
*To include: Massage Use in Professional zones. (Approved)
10. COMMISSION WORK PROGRAM: * Work Program Priorities and Subcommittee Assignments
None reported.
11. COMMISSION/STAFF REPORTS AND REQUESTS:
Commissioner Caffery noted that he did not support Item 3 because he felt the applicant did not provide recent photographs and he could not make that determination.
Staff clarified the 400 and 500 square foot radius map on the staff report vicinity maps. Staff noted they would provide the Commission with a 500 foot radius map from their residence and/or any other property.
Chair Marantz expressed concern with the city's traffic gridlock due to construction projects going on during the busy season and suggested work be scheduled for the summer time. Staff noted that there has been discussion with Public Works and the Palm Canyon project and it was determined that the cost was of delay was the significant factor in performing the work sooner than later.
Commissioner Caffery stated he thought it would be a good idea to expand the in-lieu fees to planned development districts (PDD’s).
12. ADJOURNMENT:
There being no further comments, the meeting adjourned at 4:26 p.m.
Jan 09, 2008 Planning Commission
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CALL TO ORDER:
The meeting was called to order at 1:33 p.m.
ROLL CALL:
Roll Call: 6 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, January 4, 2008.
ACCEPTANCE OF THE AGENDA:
The agenda was accepted, as presented.
1. PUBLIC COMMENTS: (Three minute time limit.)
Chair Marantz opened Public Comments:
-Wesley Cole, Palm Springs, spoke in regards to Item 9, voiced concern with an existing massage establishment on Palm Canyon Drive; requested tighter restrictions to maintain control.
There being no further comments, Public Comments was closed.
CONSENT CALENDAR:
Vice Chair Hochanadel noted a correction on the vicinity map for Items 2D and 2E, the cross-street is Vista Chino Way not Palm Canyon Drive.
Motion to To approve, Items 2A, 2B, 2C, 2D and 2E, as part of the Consent Calendar. Moved by Cohen, seconded by Caffery.
Vote to To approve, Items 2A, 2B, 2C, 2D and 2E, as part of the Consent Calendar. (Approved)
2A. Draft minutes of November 7, 20007, November 14, 2007, November 28, 2007 and December 12, 2007.
Approved, as part of the Consent Calendar.
2B. Case 3.2999 SFR / 7.1215 AMM - Draft resolution of denial for a request by Steven Van to consider a
re-designed single-family residence on a hillside lot located at 350 El Portal Road, Zone R-1-B, Section,
27, APN: 513-380-078.
Approved, as part of the Consent Calendar.
2C. Case 5.0889 AMND PD 272 (Four Seasons) - A request by K. Hovnanian to amend final development
plans for Planned Development District 272 to allow four feet of tubular steel security fencing to be
installed on top of an existing 5 CMU block perimeter wall generally located on Sunrise Way, north
of San Rafael Drive, Tentative Tract Map 30058, Zone PD 272, Section 35, APN: 669-330-050.
(Project Planner: Christopher Brown, Contract Planner)
Approved, as part of the Consent Calendar.
2D. Case 3.3165 MAJ - An application by Lalith Chandrasena to construct a 2,827 square foot professional
office building on a 7,143 square foot vacant lot located at 1865 Carriage Lane, Zone P, Section 1,
APN: 501-312-008. (Project Planner: Bryan Fernandez, Assistant Planner).
Approved, as part of the Consent Calendar.
2E. Case 3.3166 MAJ - An application by Lalith Chandrasena to construct a 2,827 square foot professional
office building on a 7,143 square foot vacant lot located at 1815 Desert Park Avenue, Zone P, Section\
1, APN: 501-312-009. (Project Planner: Bryan Fernandez, Assistant Planner).
Approved, as part of the Consent Calendar.
MISCELLANEOUS:
3. Case RV 07-05 - A request to appeal the Planning Director’s decision denying the application for a
recreational vehicle (RV) permit located at 335 West Yorba Road, Zone R-1-C, Section 3, APN: 504
-111-007. (Project Planner: Scott Taschner, Planning Technician)
Scott Taschner, Planning Technician, provided background information as outlined in the staff report dated January 9, 2008. Mr. Taschner noted that due to the size of the recreational vehicle and the proximity to the adjacent properties, there appeared no option to adequately screen the vehicle.
Staff provided further details on the relocation of a wall and the additional landscaping added to help screen the recreational vehicle.
-Jackie Swisher, applicant, stated that she purchased the property with the intention of parking the recreational vehicle and provided details on the property improvements she has made, totaling $10,000., to screen the R.V.
-Paul Tamko, Palm Springs, stated the applicant purchased the property with the understanding that R.V. parking would be allowed; and indicated the applicant has complied with the landscape improvements recommended by staff.
Vice Chair Hochanadel requested staff address the areas zoned for R.V. parking. Staff responded that R.V. parking is available in all R-1 zones, subject to screening and visibility limits.
Motion to To uphold the decision of the Planning Director. Moved by Scott, seconded by Ringlein.
Vote to To uphold the decision of the Planning Director. (Approved)
Mr. Ewing reported this action may be appealed to the City Council.
PUBLIC HEARINGS:
4. Case 5.1161 CUP-A (Gene Autry Plaza) - An application by D.R. West, LLC to amend the existing
Conditional Use Use Permit to allow a drive-through facility and construct approximately 67,232 square
feet of retail commercial at the southeast corner of Gene Autry Trail (Highway 111) and Ramon
Road, Zone W-M-1, Section 20, APN: 680-170-044. (Project Planner: David A. Newell, Assistant
Planner)
David A. Newell, Assistant Planner, provided background information as outlined in the staff report dated January 9, 2008.
Chair Marantz opened the Public Hearing:
-Jim Cioffi, Cioffi Architects, provided further details on the redesign of the project.
There being no further appearances, the Public Hearing was closed.
Chair Marantz commented that the statue (public art feature) on the corner of this intersection is was a great addition to this project and the entire area.
Motion to To approve, subject to Conditions of Approval. Moved by Scott, seconded by Ringlein.
Vote to To approve, subject to Conditions of Approval. (Approved)
5. Case 5.1162 PD 342 (Palm Mountain Resort and Spa) - An application by Palm Mountain Resort, LP, for a
General Plan Amendment and Planned Development District to renovate an existing 120 room hotel to a
188 room hotel on an approximately 2.77-acre site located at 155 South Belardo Road, Zone R3,
Section 15, APN 513-142-001. (Project Planner: Edward O. Robertson, Principal Planner)
Lyn Calerdine, Contract Planner, provided background information as outlined in the staff report dated January 9, 2008. Mr. Calerdine noted a correction on page 4 of the resolution, the density should be 641 square feet not 625 square feet.
Chair Marantz re-opened the Public Hearing:
-Tim Ellis, General Manager of Palm Mountain Resort, provided further details on the revisions made to the project pertaining to the reduction of hotel rooms, the elimination of the on-site bus parking and the utilization of compact parking spaces.
-Aftab Dada, General Manager of the Hilton Resort, emphasized the importance of having first class, quality rooms to attract conventions to the city.
-Michael Estrada, on behalf of The Matchbox and The Falls, spoke in support of the project, stating he has no no concerns with the issues of height and parking; sees no negative impact to his business and the community.
-Mark Farley, Palm Springs, spoke in support of the project, noting the importance of having affordable rooms in the city.
-Kathy Reed, Palm Springs, real estate owner, stated that all of her downtown clients (restaurants and stores) are excited to have additional rooms (tourist) within walking distance to their business.
-Angelica Romero, Palm Springs, read a letter from Blair & Jason Millar and a letter from Lee Appel, stating their support of the project.
-Jono Hildner, Palm Springs, suggested denial of the general plan amendment and compliance with the zoning ordinance.
-Lauri Alayian, Palm Springs, on behalf of the HTCNO, stated their endorsement is based upon that the applicant will proivde valet parking for overflow parking and referred to the height and mass of the Palm Hotel. .
-Ini Ghidrun, Slovak Baron & Empey, addressed testimony relating to the Palm Hotel, emphasizing that these are two entirely different projects and this project should be weighed on its own merit.
-Tracy Conrad, Palm Springs, concerned with the mass and height; recommended compliance with the zoning regulations.
-Steve Simms, Palm Springs, stated concern with the compact parking; recommended compliance with the zoning regulations.
- Lea Goodsell, Palm Springs, read a letter from Harold Matzner, stating his support of the project.
-Dana Stewart and James McKinley, Palm Springs, voiced concern with approval of projects not in conformance with the General Plan; opposed to the density and height of the project.
-Frank Tysen, Palm Springs, voiced concern with insufficient parking indicating the expansion should not violate parking and height restrictions.
-Craig Blau, Palm Springs, owns the Chase Hotel, directly adjacent to the south, would like to see this project to move forward; however, is concerned with the parking.
-Allen Sanborn, Rancho Mirage, project engineers and architect, clarified that the project does meet the parking requirements and addressed the height reduction.
-Dave Johnston, Palm Springs, lives in the neighborhood and supports the project; noting the applicant’s effort in complying with the city’s requirements.
-Tim Ellis, applicant, addressed testimony, provided further details on the application submittal in relation to the General Plan update. Mr. Ellis addressed the over-flow parking, neighborhood meetings, compact parking and the under-parking of the adjacent neighbors.
There being no further appearances, the Public Hearing was closed.
Commissioner Caffery noted a concern with the deletion of the in-lieu parking fees which provides parking elsewhere in the city.
The Commission and staff further discussed the project’s proposed on-site/off-site parking and the city’s requirements.
Commissioner Ringlein emphasized that we are a tourist community with a lack of rooms and stressed the importance for the City Council to initate a master parking plan.
Motion to Approve To approve, the Planned Development and recommend approval of the General Plan Amendment and Planned Development to the City Council, subject to Conditions of Approval, as amended: *Revised Condition #3: On-street bus parking shall be prohibited on Tahquitz Canyon Way, Belardo Road and Cahuilla Road. Upon delivery of bus passengers, buses shall be parked at on off-site location outside of the downtown corridor. Moved by Ringlein. The motion did not receive a second and was lost.
Commissioner Scott suggested an in-lieu parking fee for the 39 parking spaces or below-grade parking which would allow the increase of hotel rooms. Mr. Scott felt this is a great hotel location and encouraged the development but not to the detriment of the General Plan and the area.
Commissioner Caffery stated that the city does need the rooms and does not have a concern with the height and density of the project. However, he noted a concern with the 22 on-site parking spaces and suggested an in-lieu fee be applied to the remaining parking spaces.
Motion to To approve the Planned Development and recommend approval of the General Plan Amendment and Planned Development to the City Council, subject to Conditions of Approval, as amended:
*Eliminate the on-street parking and replace with in-lieu fees for 17 parking spaces.
*Condition #3: On-street bus parking shall be prohibited on Tahquitz Canyon Way, Belardo Road and Cahuilla
Road. Upon delivery of bus passengers, buses shall be parked at an off-site location outside of
the downtown corridor.
*Direct staff to prepare a revised resolution and bring it back to the Commission. Moved by Ringlein, seconded by Caffery.
Vote to To approve the Planned Development and recommend approval of the General Plan Amendment and Planned Development to the City Council, subject to Conditions of Approval, as amended:
*Eliminate the on-street parking and replace with in-lieu fees for 17 parking spaces.
*Condition #3: On-street bus parking shall be prohibited on Tahquitz Canyon Way, Belardo Road and Cahuilla
Road. Upon delivery of bus passengers, buses shall be parked at an off-site location outside of
the downtown corridor.
*Direct staff to prepare a revised resolution and bring it back to the Commission. (Approved)
A recess was taken at 3:05 p.m.
The meeting resumed at 3:12 p.m.
6. Cases 5.1135 PD 334, TTM 35623 (Rainbow Vision Palm Springs) - An application for a Planned
Development District and a Tentative Tract Map to construct 184 condominiums and clubhouse on
approximately 13.28 acres on the southwest corner of East Palm Canyon Drive and Matthew Drive,
Zone WR3, Section 30, APN: 681-170-038 and 039. (Project Planner: Christopher Brown, Contract
Planner)
Christopher Brown, Contact Planner, provided background information as outlined in the staff report dated January 9, 2008. Mr. Brown indicated that the applicant is requesting a maximum height of 45 feet (3 story) not the 35 feet as indicated in the staff report.
Chair Marantz opened the Public Hearing:
-Penn Estes representing the developer, thanked planning staff for their hard work and stated the project will be built in one phase.
-Dana Stewart, Palm Springs, stated she is in support of the project because it is eco-friendly and recommended solar conservation.
-Penn Estes, stated this is a fully designed and developed "green" project both environmentally friendly and energy efficient.
There being no further appearances, the Public Hearing was closed.
Staff addressed the 44 parking space reduction noting staff supports the reduction since it is likely that many patrons of the Grand Central building will be on-site residents who will not be required to drive to the facility.
Commissioner Caffery felt the in lieu-parking fees should be collected for parking reductions within planned development districts unless there is an actual calculation for shared parking.
Commissioner Scott stated he is not concerned with the parking reduction since the people using the Grand Central building will be living there.
Marcus Fuller, Assistant Director of Public Works, requested condition #44 be deleted.
Motion to To adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, approve Case 5.1135 PD 334, and recommend approval of Case 5.1135 PD 334 and TTM 35623 to the City Council, as amended:
*Condition #44 to be deleted. Moved by Scott, seconded by Cohen.
Vote to To adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, approve Case 5.1135 PD 334, and recommend approval of Case 5.1135 PD 334 and TTM 35623 to the City Council, as amended:
*Condition #44 to be deleted. (Approved)
Craig A. Ewing reported that the in-lieu fee parking fee program applies only to the CBD zone.
7. Case TPM 35817 - An application by Frank De Lelys to subdivide an approximately 0.59 acre parcel into
two lots located on the west side of North Via Miraleste between Miraleste Court and The Palms, Zone
R-1-B & R-1-C, Section 11, APN: 507-030-036. (Project Planner: David A. Newell,
Assistant Planner)
David A. Newell, Assistant Planner, provided background information as outlined in the staff report dated January 9, 2008.
Vice Chair Hochanadel requested engineering staff address if there will be an entry off of Via Miraleste. Mr. Fuller responded that this is a collector street and could be done, if so desired, however, staff will probably recommend an entry on the side street.
Chair Marantz opened the Public Hearing, and there being no appearances, the Public Hearing was closed.
Motion to To recommend approval to the City Council. Moved by Caffery, seconded by Cohen.
Vote to To recommend approval to the City Council. (Approved)
8. 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 A. Newell,
Assistant Planner)
David A. Newell, Assistant Planner, provided background information as outlined in the staff report dated January 9, 2008.
Commissioner Caffery stated he owned this property seven years ago and could provide additional information. Mr. Caffery stated he does not have a conflict of interest. Mr. Caffery noted that almost every house in this neighborhood has been grandfathered-in (to the previous zoning requirements) and provided further details on the work performed on this property.
Commissioner Caffery provided further details on the work performed and permits for the property.
Chair Marantz opened the Public Hearing:
-George Moore, owner, stated he purchased the house in 2002 and he wanted to add a garage but discovered that the additions were done without permits. Mr. Moore provided a history on the additions made to the property and indicated several neighboring homes are within the required setbacks.
There being no further appearances, the Public Hearing was closed.
Staff noted that for many years the required rear yard setback was 10 feet and the addition and non-permitted additions were built during this time. The City changed the required rear yard setbacks to 15 feet. Applications are evaluated against the zoning standards in effect, at the time of submittal, not at the time of construction.
Commissioner Ringlein suggested a continuance so that staff could provided further research concerning the surrounding properties.
Commissioner Scott stated his support based on the fact that the adjoining properties set a pattern and this building fits into the content of the neigborhood.
Motion to To approve, Case 6.497 Variance, and direct staff to bring back a resolution. Moved by Scott, seconded by Cohen.
Vote to To approve, Case 6.497 Variance, and direct staff to bring back a resolution. (Approved)
9. Case 5.1183 ZTA - An application by the City of Palm Springs for a Zoning Ordinance amendment
related to the establishment of Massage Use in the Commercial Zones. (Project Planner: Craig A.
Ewing, Director of Planning Services)
Mr. Ewing provided background information as outlined in the staff report dated January 9, 2008. Mr. Ewing noted a chapter in the Municipal Code regulates the operation of massage establishments/permits through a business license.
The Commission discussed existing stand-alone massage establishments in the downtown area. Staff responded that several businesses have been granted business licenses that have shown nominal retail uses (part of another use) and further work is required on the ordinance with regard to the definition.
Chair Marantz opened the Public Hearing and there being no appearances, the Public Hearing was closed.
The Commission discussed and concurred with staff’s recommendation, and also indicated that massage should be allowed in the Professional zone with a conditional use permit.
Motion to To recommend approval to the City Council, as amended:
*To include: Massage Use in Professional zones. Moved by Scott, seconded by Cohen.
Vote to To recommend approval to the City Council, as amended:
*To include: Massage Use in Professional zones. (Approved)
10. COMMISSION WORK PROGRAM: * Work Program Priorities and Subcommittee Assignments
None reported.
11. COMMISSION/STAFF REPORTS AND REQUESTS:
Commissioner Caffery noted that he did not support Item 3 because he felt the applicant did not provide recent photographs and he could not make that determination.
Staff clarified the 400 and 500 square foot radius map on the staff report vicinity maps. Staff noted they would provide the Commission with a 500 foot radius map from their residence and/or any other property.
Chair Marantz expressed concern with the city's traffic gridlock due to construction projects going on during the busy season and suggested work be scheduled for the summer time. Staff noted that there has been discussion with Public Works and the Palm Canyon project and it was determined that the cost was of delay was the significant factor in performing the work sooner than later.
Commissioner Caffery stated he thought it would be a good idea to expand the in-lieu fees to planned development districts (PDD’s).
12. ADJOURNMENT:
There being no further comments, the meeting adjourned at 4:26 p.m.
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