Video index
CALL TO ORDER:
The meeting was called to order at 1:32 p.m.
ROLL CALL:
Roll Call: 6 members present, 1 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 17, 2008.
ACCEPTANCE OF THE AGENDA:
Chair Hochanandel reported that Item 3B would be moved to the of the agenda.
Commissioner Caffery requested Item 1B pulled from the Consent Calendar for further discussion.
PUBLIC COMMENTS:
Chair Hochanadel opened Public Comments; there being no appearances Public Comments was closed.
1. CONSENT CALENDAR:
1A. Draft Minutes of September 24, 2008.
Motion to Approve To approve, the minutes of September 24, 2008. Moved by Scott, seconded by Caffery.
Vote to Approve To approve, the minutes of September 24, 2008. (Approved)
1B. Case 5.1025 MAJ / PD 307 Time Extension - A request by Sunquitz LLC, for a one year time extension for a previously approved final PD to include a 94,000 square foot commercial retail center located at the northwest corner of North Sunrise Way and East Tahquitz Canyon Way, Zone RA, Section 14, APN 508-070-035 and -042. (Project Planner: Glenn Mlaker, Assistant Planner)
Glenn Mlaker, Assistant Planner, provided background information as outlined in the staff report dated October 22, 2008. Mr. Mlaker noted that approval was granted on March 15, 2006, and staff has received a revision to the plans creating an access at the rear of the property.
Commissioner Scott noted that the applicant’s letter makes reference to a request for the City’s economic assistance. Mr. Ewing responded that there has been discussion with the Economic Development Department with regard to the project but is uncertain if anything has been approved by the City Council.
In response to a question about a new drive aisle along the westerly edge of the site plan, Mr. Ewing clarified that the applicant requested a revision to the plans during the current entitlement. Staff has determined the change was insignificant overall and it was approved at staff level.
Commissioner Conrad noted that there has been a considerable amount of grocery stores relocating within the community and questioned if there are any plans for the current Jensen’s site. Staff responded that there has been potential intesest but nothing has been confirmed.
Commissioner Caffery stated that the northwest and southwest corners of Sunrise and Tahquitz were the only "prominent corners" remaining in the City and expressed disappointment with a grocery store and pharmacy on both these sites given that there are numerous grocery stores throughout the City.
Vice Chair Cohen noted a concern with the noise factor along the rear of the property.
Motion to To deny. Moved by Caffery, seconded by Conrad.
Vote to To deny. (Approved)
Staff noted that a resolution of denial would be prepared and brought back to the Commission for their next meeting. Mr. Ewing reported that following the Commission's final action on the request, it may be appealed to the City Council.
2. OTHER BUSINESS:
2A. Case 10.466 DET - A request by William Richerson to allow a twelve (12) foot high flag pole within the front yard set-back area located at 5244 Menlo Circle, Zone R-1-C, Section 29, APN: 681-192-002. (Project Planner: Glenn Mlaker, Assistant Planner)
Glenn Mlaker, Assistant Planner, provided background information as outlined in the staff report dated October 22, 2008. Mr. Mlaker noted that a revised exhibit on the board includes the property line as it relates to the right-of-way. Staff confirmed that the flag pole is placed on city property.
Commissioner Conrad questioned the probability of the City requiring the right-of-way since this area has been improved with curb and gutter. Engineering staff responded that at some point in the future it may be required.
Staff reported that Code Enforcment received an anonymous complaint for the height and location of the flag pole. The flag pole was originally 20 feet in height but has been reduced to 12 feet.
Engineering staff confirmed that an encroachment permit would solve this problem.
Mr. Ewing suggested a continuance to determine if the location is within the existing right-of-way and if appropriate, to be resolved at staff level.
Motion to To continue to a date uncertain; unless resolved at staff level. Moved by Conrad, seconded by Scott.
Vote to To continue to a date uncertain; unless resolved at staff level. (Approved)
3. PUBLIC HEARINGS:
3A. Case 5.1175 GPA / CZ / TTM 28308 - An application by Southwest Real Estate Holdings, LLC for a General Plan Land Use Map Amendment from VLDR (Very Low Density Residential) to NCC (Neighborhood Community/Commercial), a Change of Zone from RMHP (Residential Mobile Home Park) and R-1-C (Single Family Residential) to C-1 (Commercial) and a Tentative Tract Map to subdivide a 3.22 acre parcel into seven residential parcels and one commercial parcel. The project is located at 657 South Sunrise Way, Section 23, APN: 508-231-005 and -010. (Project Planner: Ken Lyon, Associate Planner)
Staff reported that the applicant has requested a continuanance of this project.
Chair Hochanadel opened the Public Hearing:
-Sherri Sale, Palm Springs, (lives across the street from the proposed project) expressed concern with the traffic impact that may result from the commercial/retail use.
-John Sanborn, Sanborn A/ E, (engineers for the project) stated that they are requesting a continuance to review the possibility of eliminating the commercial property from the tract map.
There being no further appearances, the Public Hearing was continued to November 12, 2008.
Motion to To continue to the meeting of November 12, 2008. Moved by Conrad, seconded by Donenfeld.
Vote to To continue to the meeting of November 12, 2008. (Approved)
3B. Case 5.1211 -
(Moved to the end of the agenda.)
3C. Case 5.1214 CUP - An application by Joseph Benham of Pete’s Wine & Spirits for a Conditional Use Permit to allow the operation of a liquor store located at 200 North Palm Canyon Drive, Zone C-B-D, Section 15, APN: 513-091-008. (Project Planner: David A. Newell, Associate Planner)
David A. Newell, Associate Planner, provided background information as outlined in the staff report dated October 22, 2008.
Chair Hochanadel opened the Public Hearing:
-Joseph Benham, owner, stated the purpose of this business is to sell high-end wine & spirits; and has been in business for 15 years.
There being no further appearances, the Public Hearing was closed.
Commissioner Conrad questioned if the General Plan limits the type of use in the CBD zone given that there are numerous liquor stores on Palm Canyon Drive. Staff responded that the issue of limiting businesses, based on market conditions, has not been raised by the City Council.
Commissioner Caffery expressed concern with a liquor store in the CBD zone especially the two glass corner walls and the visual appearance from the street.
Chair Hochanadel also expressed concern with the glass windows and the visual appearance from the street.
Commissioner Donenfeld commended the applicant for his interest in coming downtown in the midst of all the store vacancies. Commissioner Donenfeld spoke in favor of the proposed project.
Mr. Benham (responding to questions from the Commission) stated that he has previously operated One Cork Bottle and One Stop Liquor without any law enforcement problems. Mr. Benham clarified that the Alcohol Beverage Control (ABC) and the City does not allow signage on the windows and any display must be 3 to 4 feet from the window. Mr. Benham provided further details on the types of liquor he plans to sell.
Commissioner Conrad concluded that this is not the ideal location; nonetheless, suggested a time limit could be imposed on the Conditional Use Permit.
Motion to To approve, subject to Conditions of Approval, as amended:
-To direct staff to return with an amended resolution and conditions of approval.
-In order to assure compliance with the conditions of approval, the Planning Commission may review this
Permit under any of the following circumstances:
a. Two years following the date of the approval of this Permit.
b. Failure to follow conditions of approval.
c. Upon any public safety or code enforcement complaints received. Moved by Caffery, seconded by Conrad.
Vote to To approve, subject to Conditions of Approval, as amended:
-To direct staff to return with an amended resolution and conditions of approval.
-In order to assure compliance with the conditions of approval, the Planning Commission may review this
Permit under any of the following circumstances:
a. Two years following the date of the approval of this Permit.
b. Failure to follow conditions of approval.
c. Upon any public safety or code enforcement complaints received. (Approved)
3D. Case 5.1213 CUP - An application by Fame Tobacconist for a Conditional Use Permit to allow wine tasting (Type 42 ABC License) located at 155 South Palm Canyon Drive, Suite A-3, Zone C-B-D, Section 15, APN: 513-143-019. (Project Planner: David A. Newell, Associate Planner)
David A. Newell, Associate Planner, provided background information as outlined in the staff report dated October 22, 2008.
Staff confirmed that no consumption of wine is currently allowed only the retail sale of wine.
Chair Hochanadel opened the Public Hearing:
-Mel Shah, applicant, (responding to questions from the Commission) provided further details pertaining to the wine tasting events and the retail sale of wine.
There being no further appearances, the Public Hearing was closed.
Commissioner Caffery commended the applicant on the stylish appearance of the store.
Motion to To approve, subject to Conditions of Approval. Moved by Donenfeld, seconded by Vice Chair Cohen.
Vote to To approve, subject to Conditions of Approval. (Approved)
3B. Case 5.1211 - An application by the City of Palm Springs to amend the Palm Springs Zoning Code relating to the establishment of policies and standards for outdoor accessory uses and religious institutions. (Project Planner: Craig A. Ewing, Director of Planning)
Director of Planning Ewing provided background information as outlined in the staff report dated October 22, 2008. Mr. Ewing noted on September 3, 2008, the Planning Commission conducted a study session on the subjects and initiated a Zone Text Amendment to consider revisions regarding outdoor accessory uses in commercial zones and "churches’, as used in the Code.
Commissioner Donenfeld noted a concern with the use of the word "etc." in the definition of religious institutions because it could be ambigious in its interpretation and suggested deleting it. Commissioner Caffery concurred.
Chair Hochandel opened the Public Hearing;there being no appearances, the Public Hearing was closed.
Commissioner Scott expressed concern with prohibition of churches in various zones and suggested churches allowed in the majority of the zones. Staff noted that religious instititions are moving away from a traditional separate campus and moving towards tenant spaces.
Discussion occurred on regulations for conditional use permits and zones that may not be appropriate.
Commissioner Caffery stated that he is not opposed to churches in the CBD zone and suggested review of each request on a case-by-case basis with a conditional use permit.
Motion to To recommend approval to the City Council to amend the the Palm Springs Zoning Code regarding the regulation of outdoor accessory uses in commercial zones and the establishment of "religious institutions", as amended:
-Remove the word "etc" in the definition of "Religious Institution".
-To allow "Religious Institutions" to be located in any zone with a Conditional Use Permit; except specifically prohibited in the N and W overlay zones, and the O zone. Moved by Scott, seconded by Caffery.
Vote to To recommend approval to the City Council to amend the the Palm Springs Zoning Code regarding the regulation of outdoor accessory uses in commercial zones and the establishment of "religious institutions", as amended:
-Remove the word "etc" in the definition of "Religious Institution".
-To allow "Religious Institutions" to be located in any zone with a Conditional Use Permit; except specifically prohibited in the N and W overlay zones, and the O zone. (Approved)
Commissioner Conrad noted her abstention on this Iem due to her absence of September 3rd.
PLANNING COMMISSION COMMENTS:
Several of the Commissioners had questions pertaining to the protocol for a conflict of interest discussed at the "Ethics Training" last week. Commissioner Scott questioned if the members of the Architectural Advisory Committee are permitted to present their own projects.
Staff responded that further clarification would be brought back to the Commission.
PLANNING DIRECTOR’S REPORT:
Staff reported that the City Council will hold a joint meeting tonight with the Village Fest Board and a study session.
Staff reported that this Friday the Environmental Impact Report (EIR) for the Museum Market Plaza Specific Plan will be released and the Commission would be receiving a printed copy. Staff noted the first public hearing will be scheduled for November 19th and the 2nd follow-up hearing will be on December 3rd. Staff noted that comments on the EIR will be received during the public hearing.
ADJOURNMENT:
There being no further comments the meeting was adjourned 2:57 p.m.
Oct 22, 2008 Planning Commission
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CALL TO ORDER:
The meeting was called to order at 1:32 p.m.
ROLL CALL:
Roll Call: 6 members present, 1 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 17, 2008.
ACCEPTANCE OF THE AGENDA:
Chair Hochanandel reported that Item 3B would be moved to the of the agenda.
Commissioner Caffery requested Item 1B pulled from the Consent Calendar for further discussion.
PUBLIC COMMENTS:
Chair Hochanadel opened Public Comments; there being no appearances Public Comments was closed.
1. CONSENT CALENDAR:
1A. Draft Minutes of September 24, 2008.
Motion to Approve To approve, the minutes of September 24, 2008. Moved by Scott, seconded by Caffery.
Vote to Approve To approve, the minutes of September 24, 2008. (Approved)
1B. Case 5.1025 MAJ / PD 307 Time Extension - A request by Sunquitz LLC, for a one year time extension for a previously approved final PD to include a 94,000 square foot commercial retail center located at the northwest corner of North Sunrise Way and East Tahquitz Canyon Way, Zone RA, Section 14, APN 508-070-035 and -042. (Project Planner: Glenn Mlaker, Assistant Planner)
Glenn Mlaker, Assistant Planner, provided background information as outlined in the staff report dated October 22, 2008. Mr. Mlaker noted that approval was granted on March 15, 2006, and staff has received a revision to the plans creating an access at the rear of the property.
Commissioner Scott noted that the applicant’s letter makes reference to a request for the City’s economic assistance. Mr. Ewing responded that there has been discussion with the Economic Development Department with regard to the project but is uncertain if anything has been approved by the City Council.
In response to a question about a new drive aisle along the westerly edge of the site plan, Mr. Ewing clarified that the applicant requested a revision to the plans during the current entitlement. Staff has determined the change was insignificant overall and it was approved at staff level.
Commissioner Conrad noted that there has been a considerable amount of grocery stores relocating within the community and questioned if there are any plans for the current Jensen’s site. Staff responded that there has been potential intesest but nothing has been confirmed.
Commissioner Caffery stated that the northwest and southwest corners of Sunrise and Tahquitz were the only "prominent corners" remaining in the City and expressed disappointment with a grocery store and pharmacy on both these sites given that there are numerous grocery stores throughout the City.
Vice Chair Cohen noted a concern with the noise factor along the rear of the property.
Motion to To deny. Moved by Caffery, seconded by Conrad.
Vote to To deny. (Approved)
Staff noted that a resolution of denial would be prepared and brought back to the Commission for their next meeting. Mr. Ewing reported that following the Commission's final action on the request, it may be appealed to the City Council.
2. OTHER BUSINESS:
2A. Case 10.466 DET - A request by William Richerson to allow a twelve (12) foot high flag pole within the front yard set-back area located at 5244 Menlo Circle, Zone R-1-C, Section 29, APN: 681-192-002. (Project Planner: Glenn Mlaker, Assistant Planner)
Glenn Mlaker, Assistant Planner, provided background information as outlined in the staff report dated October 22, 2008. Mr. Mlaker noted that a revised exhibit on the board includes the property line as it relates to the right-of-way. Staff confirmed that the flag pole is placed on city property.
Commissioner Conrad questioned the probability of the City requiring the right-of-way since this area has been improved with curb and gutter. Engineering staff responded that at some point in the future it may be required.
Staff reported that Code Enforcment received an anonymous complaint for the height and location of the flag pole. The flag pole was originally 20 feet in height but has been reduced to 12 feet.
Engineering staff confirmed that an encroachment permit would solve this problem.
Mr. Ewing suggested a continuance to determine if the location is within the existing right-of-way and if appropriate, to be resolved at staff level.
Motion to To continue to a date uncertain; unless resolved at staff level. Moved by Conrad, seconded by Scott.
Vote to To continue to a date uncertain; unless resolved at staff level. (Approved)
3. PUBLIC HEARINGS:
3A. Case 5.1175 GPA / CZ / TTM 28308 - An application by Southwest Real Estate Holdings, LLC for a General Plan Land Use Map Amendment from VLDR (Very Low Density Residential) to NCC (Neighborhood Community/Commercial), a Change of Zone from RMHP (Residential Mobile Home Park) and R-1-C (Single Family Residential) to C-1 (Commercial) and a Tentative Tract Map to subdivide a 3.22 acre parcel into seven residential parcels and one commercial parcel. The project is located at 657 South Sunrise Way, Section 23, APN: 508-231-005 and -010. (Project Planner: Ken Lyon, Associate Planner)
Staff reported that the applicant has requested a continuanance of this project.
Chair Hochanadel opened the Public Hearing:
-Sherri Sale, Palm Springs, (lives across the street from the proposed project) expressed concern with the traffic impact that may result from the commercial/retail use.
-John Sanborn, Sanborn A/ E, (engineers for the project) stated that they are requesting a continuance to review the possibility of eliminating the commercial property from the tract map.
There being no further appearances, the Public Hearing was continued to November 12, 2008.
Motion to To continue to the meeting of November 12, 2008. Moved by Conrad, seconded by Donenfeld.
Vote to To continue to the meeting of November 12, 2008. (Approved)
3B. Case 5.1211 -
(Moved to the end of the agenda.)
3C. Case 5.1214 CUP - An application by Joseph Benham of Pete’s Wine & Spirits for a Conditional Use Permit to allow the operation of a liquor store located at 200 North Palm Canyon Drive, Zone C-B-D, Section 15, APN: 513-091-008. (Project Planner: David A. Newell, Associate Planner)
David A. Newell, Associate Planner, provided background information as outlined in the staff report dated October 22, 2008.
Chair Hochanadel opened the Public Hearing:
-Joseph Benham, owner, stated the purpose of this business is to sell high-end wine & spirits; and has been in business for 15 years.
There being no further appearances, the Public Hearing was closed.
Commissioner Conrad questioned if the General Plan limits the type of use in the CBD zone given that there are numerous liquor stores on Palm Canyon Drive. Staff responded that the issue of limiting businesses, based on market conditions, has not been raised by the City Council.
Commissioner Caffery expressed concern with a liquor store in the CBD zone especially the two glass corner walls and the visual appearance from the street.
Chair Hochanadel also expressed concern with the glass windows and the visual appearance from the street.
Commissioner Donenfeld commended the applicant for his interest in coming downtown in the midst of all the store vacancies. Commissioner Donenfeld spoke in favor of the proposed project.
Mr. Benham (responding to questions from the Commission) stated that he has previously operated One Cork Bottle and One Stop Liquor without any law enforcement problems. Mr. Benham clarified that the Alcohol Beverage Control (ABC) and the City does not allow signage on the windows and any display must be 3 to 4 feet from the window. Mr. Benham provided further details on the types of liquor he plans to sell.
Commissioner Conrad concluded that this is not the ideal location; nonetheless, suggested a time limit could be imposed on the Conditional Use Permit.
Motion to To approve, subject to Conditions of Approval, as amended:
-To direct staff to return with an amended resolution and conditions of approval.
-In order to assure compliance with the conditions of approval, the Planning Commission may review this
Permit under any of the following circumstances:
a. Two years following the date of the approval of this Permit.
b. Failure to follow conditions of approval.
c. Upon any public safety or code enforcement complaints received. Moved by Caffery, seconded by Conrad.
Vote to To approve, subject to Conditions of Approval, as amended:
-To direct staff to return with an amended resolution and conditions of approval.
-In order to assure compliance with the conditions of approval, the Planning Commission may review this
Permit under any of the following circumstances:
a. Two years following the date of the approval of this Permit.
b. Failure to follow conditions of approval.
c. Upon any public safety or code enforcement complaints received. (Approved)
3D. Case 5.1213 CUP - An application by Fame Tobacconist for a Conditional Use Permit to allow wine tasting (Type 42 ABC License) located at 155 South Palm Canyon Drive, Suite A-3, Zone C-B-D, Section 15, APN: 513-143-019. (Project Planner: David A. Newell, Associate Planner)
David A. Newell, Associate Planner, provided background information as outlined in the staff report dated October 22, 2008.
Staff confirmed that no consumption of wine is currently allowed only the retail sale of wine.
Chair Hochanadel opened the Public Hearing:
-Mel Shah, applicant, (responding to questions from the Commission) provided further details pertaining to the wine tasting events and the retail sale of wine.
There being no further appearances, the Public Hearing was closed.
Commissioner Caffery commended the applicant on the stylish appearance of the store.
Motion to To approve, subject to Conditions of Approval. Moved by Donenfeld, seconded by Vice Chair Cohen.
Vote to To approve, subject to Conditions of Approval. (Approved)
3B. Case 5.1211 - An application by the City of Palm Springs to amend the Palm Springs Zoning Code relating to the establishment of policies and standards for outdoor accessory uses and religious institutions. (Project Planner: Craig A. Ewing, Director of Planning)
Director of Planning Ewing provided background information as outlined in the staff report dated October 22, 2008. Mr. Ewing noted on September 3, 2008, the Planning Commission conducted a study session on the subjects and initiated a Zone Text Amendment to consider revisions regarding outdoor accessory uses in commercial zones and "churches’, as used in the Code.
Commissioner Donenfeld noted a concern with the use of the word "etc." in the definition of religious institutions because it could be ambigious in its interpretation and suggested deleting it. Commissioner Caffery concurred.
Chair Hochandel opened the Public Hearing;there being no appearances, the Public Hearing was closed.
Commissioner Scott expressed concern with prohibition of churches in various zones and suggested churches allowed in the majority of the zones. Staff noted that religious instititions are moving away from a traditional separate campus and moving towards tenant spaces.
Discussion occurred on regulations for conditional use permits and zones that may not be appropriate.
Commissioner Caffery stated that he is not opposed to churches in the CBD zone and suggested review of each request on a case-by-case basis with a conditional use permit.
Motion to To recommend approval to the City Council to amend the the Palm Springs Zoning Code regarding the regulation of outdoor accessory uses in commercial zones and the establishment of "religious institutions", as amended:
-Remove the word "etc" in the definition of "Religious Institution".
-To allow "Religious Institutions" to be located in any zone with a Conditional Use Permit; except specifically prohibited in the N and W overlay zones, and the O zone. Moved by Scott, seconded by Caffery.
Vote to To recommend approval to the City Council to amend the the Palm Springs Zoning Code regarding the regulation of outdoor accessory uses in commercial zones and the establishment of "religious institutions", as amended:
-Remove the word "etc" in the definition of "Religious Institution".
-To allow "Religious Institutions" to be located in any zone with a Conditional Use Permit; except specifically prohibited in the N and W overlay zones, and the O zone. (Approved)
Commissioner Conrad noted her abstention on this Iem due to her absence of September 3rd.
PLANNING COMMISSION COMMENTS:
Several of the Commissioners had questions pertaining to the protocol for a conflict of interest discussed at the "Ethics Training" last week. Commissioner Scott questioned if the members of the Architectural Advisory Committee are permitted to present their own projects.
Staff responded that further clarification would be brought back to the Commission.
PLANNING DIRECTOR’S REPORT:
Staff reported that the City Council will hold a joint meeting tonight with the Village Fest Board and a study session.
Staff reported that this Friday the Environmental Impact Report (EIR) for the Museum Market Plaza Specific Plan will be released and the Commission would be receiving a printed copy. Staff noted the first public hearing will be scheduled for November 19th and the 2nd follow-up hearing will be on December 3rd. Staff noted that comments on the EIR will be received during the public hearing.
ADJOURNMENT:
There being no further comments the meeting was adjourned 2:57 p.m.
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