Video index
CALL TO ORDER:
The meeting was called to order at 1:32 p.m.
ROLL CALL:
Roll Call: 7 members present, 0 members absent, 0 members excused.
*Commissioner Ringlein arrived at 1:35 p.m.
*Commissioner Conrad arrived at 1:36 p.m.
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, November 7, 2008.
ACCEPTANCE OF THE AGENDA:
Commissioner Caffery noted his abstention on the minutes of October 8, 2008.
Chair Hochanadel noted his abstention on Item 4C.
PUBLIC COMMENTS:
Chair Hochanadel opened Public Comments:
The following persons spoke in favor of Item 3A. Case 3.3297:
-Joy Meredith, Palm Springs, requested approval of the two year time extension.
-Norman Freedberg, Palm Springs, applicant for Case 3.3297 Item 3A., provided further details pertaining the length of years he’s been in business, monthly testing of equipment and the types of clientele.
The following persons spoke in favor of Item 4C. Case 5.1218:
-Joy Meredith, Palm Springs, thanked the city for consideration of medical cannabis and requested approval.
-Lonny Swerdlow, Palm Springs, requested the use be allowed in the business district and not limited to the M1/M2 zone.
-Wes Rankins, Palm Springs, described his necessity to take many medications and the side-effects associated with them.
-Susan Smith, Banning, spoke of the difficulty for her to travel long distances to obtain medical cannabis and the advantage of closer location for her.
-Lydia Smith, Banning, explained her medical necessity to take medications and the numerous side effects associated with them.
-Roger Fisher, Desert Hot Springs, noted the benefits to the community and requested consideration to allow dispensaries in commercial areas.
-Mike Trevino, Palm Springs, spoke of his need for medicinal cannabis due to his illness.
-Atson Reader, Palm Springs, spoke against limiting the use in the M1/M2 zone and emphasized the safety of cannabis.
-John Fazio, La Quinta, spoke of the benefit of medical cannabis to treat depression and control anxiety.
-Brandon Yeager, Palm Desert, spoke of his visits to the existing dispensary and the guidelines for patients; has not seen additional crimes committed due to these types of establishments.
-Robert Phillipsen, Palm Springs, requested the Commission postpone their decision until the new administration settles in.
-Stacy Hochanadel, Palm Springs, thanked the Commission for consideration of medicinal cannabis in a safe regulated manner.
There being no further appearances, Public Comments was closed.
1. CONSENT CALENDAR:
Commissioner Caffery requested Item 1C pulled from the Consent Calendar for further discussion.
Commissioner Ringlein noted her abstention on the minutes of October 22, 2008.
Motion to To approve Items 1A and 1B, as part of the Consent Calendar. Moved by Scott, seconded by Caffery.
Vote to To approve Items 1A and 1B, as part of the Consent Calendar. (Approved)
1A. Draft Minutes of October 8, 2008 and October 22, 2008.
Approved, as part of the Consent Calendar. (Noting Commissioner Caffery’s abstention on the minutes of October 8, 2008 and Commissioner Ringlein’s abstention on the minutes of October 22, 2008.)
1B. Case 5.1025 MAJ / PD 307 Time Extension - A resolution of denial for a request by Sunquitz LLC, for a one year time extension for a previously approved final PD that includes 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)
Approved, as part of the Consent Calendar.
1C. Case 5.1214 CUP - An application by Joseph Benham of Pete’s Wine and 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)
Commissioner Ringlein noted that she was not in attendance when this case was originally presented and would be abstaining on the vote for Item 1C.
Commissioner Caffery requested Project Specific Condition 3 (PSP) to include, "No painting or masking of storefront windows". Staff concurred.
Motion to To approve the draft resolution, subject to Conditions of Approval. Moved by Caffery, seconded by Vice Chair Cohen.
Vote to To approve the draft resolution, subject to Conditions of Approval. (Approved)
2. ARCHITECTURAL REVIEW:
2A. Case 3.3286 SFR - A request by Pinnacle Development for architectural approval to construct a 3,364 square foot single-family residence located at 1740 Pinnacle Point, Zone UR/PD 79, Section 36, APN: 510-340-011. (Project Planner: Scott Taschner, Assistant Planner)
Scott Taschner, Assistant Planner, provided background information as outlined in the staff report dated November 12, 2008.
Commissioner Conrad commended the applicant and architect on the building height.
-Jim Cioffi, project architect, responding to Commission questions, stated that the lots are not continuous and the space (varies in size and topography) between the lots is open-space, as part of the planned development.
Motion to To approve, subject to Conditions of Approval. Moved by Conrad, seconded by Donenfeld.
Vote to To approve, subject to Conditions of Approval. (Approved)
2B. Case 3.3243 MAJ - An application by Roger A. Sachar requesting architectural approval of a 9,500 square foot commercial building within the Rimrock Plaza Shopping Center located at 4791 East Palm Canyon Drive, Zone W-C-D-N, Section 30, APN: 681-170-042. (Project Planner: David A. Newell, Associate Planner)
David Newell, Associate Planner, provided background information as outlined in the staff report dated November 12, 2008. Mr. Newell reported that the applicant is requesting Architectural Approval for one of the two remaining building pads at this time.
Staff reported that on August 25, 2008, the Architectural Advisory Committee (AAC) reviewed the revised project and roof plans and voted to recommend approval to the Planning Commission.
Commissioner Scott was pleased with engineering conditions #8, #9 and #10 pertaining to the installation and removal of the perimeter fence screening.
Motion to To approve, subject to Conditions of Approval. Moved by Conrad, seconded by Donenfeld.
Vote to To approve, subject to Conditions of Approval. (Approved)
A recess was taken at 2:20 p.m.
The meeting resumed at 2:28 p.m.
3. OTHER BUSINESS:
3A. Case 3.3297 MAA Time Extension - A request by Norman Freedberg of Fit To Be Tyed for a two (2) year time extension of a non-conforming use located at 226 North Palm Canyon Drive, Zone CBD, Section 15, APN 513-091-005. (Project Planner: Glenn Mlaker, Assistant Planner)
Glenn Mlaker, Assistant Planner, provided background information as outlined in the staff report dated November 12, 2008.
-Norman Freedberg, applicant, (responding to questions from the Commission) stated that new owners recently purchased the building and is currently operating on a month-to-month basis.
Discussion occurred on the notice of the non-conforming use to the applicant, consideration of relocation and the existing retail use.
Commissioner Ringlein commented that she has been a customer of this establishment for many years and does not see a reason to make any changes. Ms. Ringlein noted that perhaps the current zone text amendment is not appropriate and requested further review of the ordinance.
Motion to To approve, subject to Conditions of Approval. Moved by Ringlein, seconded by Caffery.
Vote to To approve, subject to Conditions of Approval. (Approved)
4. PUBLIC HEARINGS:
4A. 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 remainder 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)
Ken Lyon, Associate Planner, provided background information as outlined in the staff report dated November 12, 2008. Mr. Lyon reported that the revised map proposes only the seven residential lots and the commercial is now shown as the "remainder parcel" allowing the City to defer infrastructure improvements associated with that lot.
Commissioner Donenfeld questioned other than the infrastructure improvements if any other legal requirements have changed with respect to ownership of the parcel. Staff responded that the lot could be sold but the City still retains control over future development and associated improvements.
Chair Hochanadel opened the Public Hearing:
-John Sanborn, Sanborn A/E, thanked planning and engineering staff on the revision and felt it that the change to the project is in the best interest for both parties; he was available for questions.
There being no further appearances, the Public Hearing was closed.
Commissioner Conrad recalled that many neighbors had concerns with the mixed-use project during the original public hearing and since no public testimony was given today speaks volumes about the project. Staff noted that the general response from neighbors has been positive.
Motion to To recommend adoption of the Negative Declaration to the City Council and approval of Case 5.1175 GPA, CZ and Tentative Tract Map 28308, subject to Conditions of Approval. Moved by Caffery, seconded by Scott.
Vote to To recommend adoption of the Negative Declaration to the City Council and approval of Case 5.1175 GPA, CZ and Tentative Tract Map 28308, subject to Conditions of Approval. (Approved)
4B. Case 5.1208 CUP - An application by Longs Drugs for a Conditional Use Permit to allow the use of a drive-through facility at the existing building within the Smoke Tree Village Shopping Center located at 1785 East Palm Canyon Drive, Zone C-S-C, Section 25, APN: 511-020-010. (Project Planner: David A. Newell, Associate Planner)
Commissioner Conrad noted a financial conflict of interest and would not be participating in the discussion and vote. She left the Council Chamber at 2:50 p.m.
David Newell, Associate Planner, provided background information as outlined in the staff report dated November 12, 2008. Mr. Newell reported that part of this project includes removal of 29 parking spaces along the east side of the building.
Commissioner Donenfeld questioned if there is sufficient clearance for vehicles to make the turn into the drive-through. Staff responded that with the removal of the parking spaces there will be sufficient space.
Chair Hochanadel said he has noticed homeless people loitering near the recyclable bins and questioned if there is a concern with drugs handed-out from the drive-through window. Staff responded that this issue was not raised by the police department; however the Commission may impose a condition to address outdoor security issues.
Commissioner Caffery reiterated a concern with the clearance area for the drive-thorugh. Marcus Fuller, Assistant Director of Works, responded that staff has reviewed the plan and concluded that the site will allow for the turn movement.
Chair Hochanadel opened the Public Hearing; and there being no appearances, the Public Hearing was closed.
Motion to To approve, subject to Conditions of Approval. Moved by Scott, seconded by Vice Chair Cohen.
Vote to To approve, subject to Conditions of Approval. (Approved)
Commissioner Conrad re-entered the Council Chamber at 3:03 p.m.
A recess was taken at 3:03 p.m.
The meeting resume at 3:10 p.m.
4C. Case 5.1218 ZTA - An application by the City of Palm Springs to amend the Palm Springs Zoning Code relating to medical cannabis cooperatives and collectives as permitted uses in the M-1 and M-2 zones. (Project Planner: Craig A. Ewing, Director of Planning)
Chair Hochandel noted his abstention due to a family-related conflict of interest and would not be participating in the discussion and vote. He left the Council Chamber at 3:11 p.m.
Director Ewing provided background information as outlined in the staff report dated November 12, 2008. Staff noted that there are a number of federal and state laws addressing the treatment of medical marijuana that has created quite a bit of confusion and cities are wrestling with the distribution and sale of medical marijuana. Director Ewing provided an overview of the designated M1 and M2 zones located within the city limits.
Commissioner Ringlein noted the importance of knowing if any problems have arisen with the existing dispensary located at the Amado Center.
Vice Chair Cohen opened the Public Hearing:
-Raymond Bordeau, Palm Springs, explained that he is a 22 year survivor of HIV and gave credit to medical marijuana and provided details of purchasing street marijuana as opposed to State regulated marijuana.
-Mark Cvetko, San Jacinto, stated that by having these dispensaries available it removes the criminal elements associated with it.
-Lynda Stamer, La Quinta, spoke of the side effects of dialysis treatment she is undergoing and the benefits of medical marijuana.
-William Marquez, Cathedral City, expressed appreciation for helping people out with terminal illnesses.
-Terrance Miller, Morongo Vallley, stated that the areas the dispensaries are located in are safe and patroled by the police and used by people who need relief.
-Ryan Raven, Riverside, said that by allowing medical marijuana the crime level and financial gain by drug dealers would decrease.
-Ben Warren, Palm Springs, spoke in support medicinal marijuana dispensaries.
-David Taylor, Palm Springs, spoke of the ease of obtaining drugs from physicians.
-Lance Caldwell, Palm Springs, spoke of how medical marijuana has helped him cope with his medical condition.
There being no further appearances, the Public Hearing was closed.
Commissioner Caffery stated that allowing dispensaries in the M1 zone could create problems, with less traveled areas, and suggested strict regulation of hours similar to drug stores or liquor stores through a conditional use permit.
Commissioner Scott noted that locating in either a commercial or professional zone would be acceptable and suggested Option 2 to allow "by right" in the M1 and M2 zone with the possibility of amendment in the future.
Commissioner Conrad expressed concern that Option 2 would create non-conforming uses. Ms. Conrad felt they would be best to require by conditional use permit regardless of zone allowing the Commission to retain discretion.
Commissioner Ringlein concurred with Commissioners Conrad, Caffery and Scott and recalled that she previously worked at a building adjacent to the dispensary on Amado and was never troubled, offended or worried, whereas she has worried being at a liquor store. Ms. Ringlein said she is in full agreement to allow dispensaries in the City by conditional use permit.
Commissioner Donenfeld stated he concurs with Commissioner Scott with on Option 2 and forward it to the City Council with further study on other alternatives.
Commissioner Conrad reiterated her preference to move it forward subject to a conditional use permit rather than keep it in the manufacturing zone.
Commissioner Ringlein suggested a compromise "by right" in the M-1 and M-2 zone and in any other zone subject to a conditional use permit.
Commissioner Caffery concurred with "by right" in the M1/M2 zone and possibly include the P zone. Commissioner Conrad noted hesitation with operation in the M-1 zone since the established ones are non-conforming and felt that the P zone is the best. Staff responded that the existing establishments are currently illegal non-conforming and that their future status is at the City Council’s discretion.
Commissioner Donenfeld expressed concern with increasing the zones beyond the M-1 and M-2 in which the medical cannabis cooperatives can be operated. Although Commissioner Donenfeld expressed his support for authorizing such establishments within Palm Springs, he felt that City Council’s resolution limiting the zoning authorization to these two zones should be concurred in by the Planning Commission, particularly in light of Council’s 2 year study on the subject.
Motion to To direct staff to prepare a resolution and draft ordinance and return to the Planning Commission based on:
-Option 2: To allow medical cannabis cooperatives and collectives permitted in the M-1, M-2 and P zones "by
right" and by conditional use permit in all other non-residential zones including the development standards as
listed in the staff report. Moved by Scott, seconded by Caffery.
Vote to To direct staff to prepare a resolution and draft ordinance and return to the Planning Commission based on:
-Option 2: To allow medical cannabis cooperatives and collectives permitted in the M-1, M-2 and P zones "by
right" and by conditional use permit in all other non-residential zones including the development standards as
listed in the staff report. (Approved)
Chair Hochanadel re-entered the Council Chamber at 4:00 p.m.
PLANNING COMMISSION COMMENTS:
Commissioner Conrad noted safety concerns at the skate park and requested follow-up.
Commissioner Caffery noted a concern with the amount of outdoor displays in the CBD zone. Staff provided an update on the the status of outdoor displays and open signs recently approved in the CBD zone.
Commissioner Scott suggested changing the code enforcement schedule to be available on the weekends to monitor it more closely.
Commissioner Conrad noted that she did not attend the November 5th study session because she has abstained on the Museum Market Plaza project and will not be participating in the discussion and vote.
Chair Hochanadel noted that due to medical reasons he will not be in attendance for the December 3rd meeting.
PLANNING DIRECTOR’S REPORT:
Mr. Ewing reported that the City Council will be meeting tonight with the Human Rights Commission. Director Ewing reported reported that December 3rd will be the first public hearing on the Specific Plan for the Museum Market Plaza.
ADJOURNMENT:
There being no further comments the meeting adjourned at 4:06 p.m.
Nov 12, 2008 Planning Commission
Full agenda
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CALL TO ORDER:
The meeting was called to order at 1:32 p.m.
ROLL CALL:
Roll Call: 7 members present, 0 members absent, 0 members excused.
*Commissioner Ringlein arrived at 1:35 p.m.
*Commissioner Conrad arrived at 1:36 p.m.
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, November 7, 2008.
ACCEPTANCE OF THE AGENDA:
Commissioner Caffery noted his abstention on the minutes of October 8, 2008.
Chair Hochanadel noted his abstention on Item 4C.
PUBLIC COMMENTS:
Chair Hochanadel opened Public Comments:
The following persons spoke in favor of Item 3A. Case 3.3297:
-Joy Meredith, Palm Springs, requested approval of the two year time extension.
-Norman Freedberg, Palm Springs, applicant for Case 3.3297 Item 3A., provided further details pertaining the length of years he’s been in business, monthly testing of equipment and the types of clientele.
The following persons spoke in favor of Item 4C. Case 5.1218:
-Joy Meredith, Palm Springs, thanked the city for consideration of medical cannabis and requested approval.
-Lonny Swerdlow, Palm Springs, requested the use be allowed in the business district and not limited to the M1/M2 zone.
-Wes Rankins, Palm Springs, described his necessity to take many medications and the side-effects associated with them.
-Susan Smith, Banning, spoke of the difficulty for her to travel long distances to obtain medical cannabis and the advantage of closer location for her.
-Lydia Smith, Banning, explained her medical necessity to take medications and the numerous side effects associated with them.
-Roger Fisher, Desert Hot Springs, noted the benefits to the community and requested consideration to allow dispensaries in commercial areas.
-Mike Trevino, Palm Springs, spoke of his need for medicinal cannabis due to his illness.
-Atson Reader, Palm Springs, spoke against limiting the use in the M1/M2 zone and emphasized the safety of cannabis.
-John Fazio, La Quinta, spoke of the benefit of medical cannabis to treat depression and control anxiety.
-Brandon Yeager, Palm Desert, spoke of his visits to the existing dispensary and the guidelines for patients; has not seen additional crimes committed due to these types of establishments.
-Robert Phillipsen, Palm Springs, requested the Commission postpone their decision until the new administration settles in.
-Stacy Hochanadel, Palm Springs, thanked the Commission for consideration of medicinal cannabis in a safe regulated manner.
There being no further appearances, Public Comments was closed.
1. CONSENT CALENDAR:
Commissioner Caffery requested Item 1C pulled from the Consent Calendar for further discussion.
Commissioner Ringlein noted her abstention on the minutes of October 22, 2008.
Motion to To approve Items 1A and 1B, as part of the Consent Calendar. Moved by Scott, seconded by Caffery.
Vote to To approve Items 1A and 1B, as part of the Consent Calendar. (Approved)
1A. Draft Minutes of October 8, 2008 and October 22, 2008.
Approved, as part of the Consent Calendar. (Noting Commissioner Caffery’s abstention on the minutes of October 8, 2008 and Commissioner Ringlein’s abstention on the minutes of October 22, 2008.)
1B. Case 5.1025 MAJ / PD 307 Time Extension - A resolution of denial for a request by Sunquitz LLC, for a one year time extension for a previously approved final PD that includes 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)
Approved, as part of the Consent Calendar.
1C. Case 5.1214 CUP - An application by Joseph Benham of Pete’s Wine and 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)
Commissioner Ringlein noted that she was not in attendance when this case was originally presented and would be abstaining on the vote for Item 1C.
Commissioner Caffery requested Project Specific Condition 3 (PSP) to include, "No painting or masking of storefront windows". Staff concurred.
Motion to To approve the draft resolution, subject to Conditions of Approval. Moved by Caffery, seconded by Vice Chair Cohen.
Vote to To approve the draft resolution, subject to Conditions of Approval. (Approved)
2. ARCHITECTURAL REVIEW:
2A. Case 3.3286 SFR - A request by Pinnacle Development for architectural approval to construct a 3,364 square foot single-family residence located at 1740 Pinnacle Point, Zone UR/PD 79, Section 36, APN: 510-340-011. (Project Planner: Scott Taschner, Assistant Planner)
Scott Taschner, Assistant Planner, provided background information as outlined in the staff report dated November 12, 2008.
Commissioner Conrad commended the applicant and architect on the building height.
-Jim Cioffi, project architect, responding to Commission questions, stated that the lots are not continuous and the space (varies in size and topography) between the lots is open-space, as part of the planned development.
Motion to To approve, subject to Conditions of Approval. Moved by Conrad, seconded by Donenfeld.
Vote to To approve, subject to Conditions of Approval. (Approved)
2B. Case 3.3243 MAJ - An application by Roger A. Sachar requesting architectural approval of a 9,500 square foot commercial building within the Rimrock Plaza Shopping Center located at 4791 East Palm Canyon Drive, Zone W-C-D-N, Section 30, APN: 681-170-042. (Project Planner: David A. Newell, Associate Planner)
David Newell, Associate Planner, provided background information as outlined in the staff report dated November 12, 2008. Mr. Newell reported that the applicant is requesting Architectural Approval for one of the two remaining building pads at this time.
Staff reported that on August 25, 2008, the Architectural Advisory Committee (AAC) reviewed the revised project and roof plans and voted to recommend approval to the Planning Commission.
Commissioner Scott was pleased with engineering conditions #8, #9 and #10 pertaining to the installation and removal of the perimeter fence screening.
Motion to To approve, subject to Conditions of Approval. Moved by Conrad, seconded by Donenfeld.
Vote to To approve, subject to Conditions of Approval. (Approved)
A recess was taken at 2:20 p.m.
The meeting resumed at 2:28 p.m.
3. OTHER BUSINESS:
3A. Case 3.3297 MAA Time Extension - A request by Norman Freedberg of Fit To Be Tyed for a two (2) year time extension of a non-conforming use located at 226 North Palm Canyon Drive, Zone CBD, Section 15, APN 513-091-005. (Project Planner: Glenn Mlaker, Assistant Planner)
Glenn Mlaker, Assistant Planner, provided background information as outlined in the staff report dated November 12, 2008.
-Norman Freedberg, applicant, (responding to questions from the Commission) stated that new owners recently purchased the building and is currently operating on a month-to-month basis.
Discussion occurred on the notice of the non-conforming use to the applicant, consideration of relocation and the existing retail use.
Commissioner Ringlein commented that she has been a customer of this establishment for many years and does not see a reason to make any changes. Ms. Ringlein noted that perhaps the current zone text amendment is not appropriate and requested further review of the ordinance.
Motion to To approve, subject to Conditions of Approval. Moved by Ringlein, seconded by Caffery.
Vote to To approve, subject to Conditions of Approval. (Approved)
4. PUBLIC HEARINGS:
4A. 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 remainder 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)
Ken Lyon, Associate Planner, provided background information as outlined in the staff report dated November 12, 2008. Mr. Lyon reported that the revised map proposes only the seven residential lots and the commercial is now shown as the "remainder parcel" allowing the City to defer infrastructure improvements associated with that lot.
Commissioner Donenfeld questioned other than the infrastructure improvements if any other legal requirements have changed with respect to ownership of the parcel. Staff responded that the lot could be sold but the City still retains control over future development and associated improvements.
Chair Hochanadel opened the Public Hearing:
-John Sanborn, Sanborn A/E, thanked planning and engineering staff on the revision and felt it that the change to the project is in the best interest for both parties; he was available for questions.
There being no further appearances, the Public Hearing was closed.
Commissioner Conrad recalled that many neighbors had concerns with the mixed-use project during the original public hearing and since no public testimony was given today speaks volumes about the project. Staff noted that the general response from neighbors has been positive.
Motion to To recommend adoption of the Negative Declaration to the City Council and approval of Case 5.1175 GPA, CZ and Tentative Tract Map 28308, subject to Conditions of Approval. Moved by Caffery, seconded by Scott.
Vote to To recommend adoption of the Negative Declaration to the City Council and approval of Case 5.1175 GPA, CZ and Tentative Tract Map 28308, subject to Conditions of Approval. (Approved)
4B. Case 5.1208 CUP - An application by Longs Drugs for a Conditional Use Permit to allow the use of a drive-through facility at the existing building within the Smoke Tree Village Shopping Center located at 1785 East Palm Canyon Drive, Zone C-S-C, Section 25, APN: 511-020-010. (Project Planner: David A. Newell, Associate Planner)
Commissioner Conrad noted a financial conflict of interest and would not be participating in the discussion and vote. She left the Council Chamber at 2:50 p.m.
David Newell, Associate Planner, provided background information as outlined in the staff report dated November 12, 2008. Mr. Newell reported that part of this project includes removal of 29 parking spaces along the east side of the building.
Commissioner Donenfeld questioned if there is sufficient clearance for vehicles to make the turn into the drive-through. Staff responded that with the removal of the parking spaces there will be sufficient space.
Chair Hochanadel said he has noticed homeless people loitering near the recyclable bins and questioned if there is a concern with drugs handed-out from the drive-through window. Staff responded that this issue was not raised by the police department; however the Commission may impose a condition to address outdoor security issues.
Commissioner Caffery reiterated a concern with the clearance area for the drive-thorugh. Marcus Fuller, Assistant Director of Works, responded that staff has reviewed the plan and concluded that the site will allow for the turn movement.
Chair Hochanadel opened the Public Hearing; and there being no appearances, the Public Hearing was closed.
Motion to To approve, subject to Conditions of Approval. Moved by Scott, seconded by Vice Chair Cohen.
Vote to To approve, subject to Conditions of Approval. (Approved)
Commissioner Conrad re-entered the Council Chamber at 3:03 p.m.
A recess was taken at 3:03 p.m.
The meeting resume at 3:10 p.m.
4C. Case 5.1218 ZTA - An application by the City of Palm Springs to amend the Palm Springs Zoning Code relating to medical cannabis cooperatives and collectives as permitted uses in the M-1 and M-2 zones. (Project Planner: Craig A. Ewing, Director of Planning)
Chair Hochandel noted his abstention due to a family-related conflict of interest and would not be participating in the discussion and vote. He left the Council Chamber at 3:11 p.m.
Director Ewing provided background information as outlined in the staff report dated November 12, 2008. Staff noted that there are a number of federal and state laws addressing the treatment of medical marijuana that has created quite a bit of confusion and cities are wrestling with the distribution and sale of medical marijuana. Director Ewing provided an overview of the designated M1 and M2 zones located within the city limits.
Commissioner Ringlein noted the importance of knowing if any problems have arisen with the existing dispensary located at the Amado Center.
Vice Chair Cohen opened the Public Hearing:
-Raymond Bordeau, Palm Springs, explained that he is a 22 year survivor of HIV and gave credit to medical marijuana and provided details of purchasing street marijuana as opposed to State regulated marijuana.
-Mark Cvetko, San Jacinto, stated that by having these dispensaries available it removes the criminal elements associated with it.
-Lynda Stamer, La Quinta, spoke of the side effects of dialysis treatment she is undergoing and the benefits of medical marijuana.
-William Marquez, Cathedral City, expressed appreciation for helping people out with terminal illnesses.
-Terrance Miller, Morongo Vallley, stated that the areas the dispensaries are located in are safe and patroled by the police and used by people who need relief.
-Ryan Raven, Riverside, said that by allowing medical marijuana the crime level and financial gain by drug dealers would decrease.
-Ben Warren, Palm Springs, spoke in support medicinal marijuana dispensaries.
-David Taylor, Palm Springs, spoke of the ease of obtaining drugs from physicians.
-Lance Caldwell, Palm Springs, spoke of how medical marijuana has helped him cope with his medical condition.
There being no further appearances, the Public Hearing was closed.
Commissioner Caffery stated that allowing dispensaries in the M1 zone could create problems, with less traveled areas, and suggested strict regulation of hours similar to drug stores or liquor stores through a conditional use permit.
Commissioner Scott noted that locating in either a commercial or professional zone would be acceptable and suggested Option 2 to allow "by right" in the M1 and M2 zone with the possibility of amendment in the future.
Commissioner Conrad expressed concern that Option 2 would create non-conforming uses. Ms. Conrad felt they would be best to require by conditional use permit regardless of zone allowing the Commission to retain discretion.
Commissioner Ringlein concurred with Commissioners Conrad, Caffery and Scott and recalled that she previously worked at a building adjacent to the dispensary on Amado and was never troubled, offended or worried, whereas she has worried being at a liquor store. Ms. Ringlein said she is in full agreement to allow dispensaries in the City by conditional use permit.
Commissioner Donenfeld stated he concurs with Commissioner Scott with on Option 2 and forward it to the City Council with further study on other alternatives.
Commissioner Conrad reiterated her preference to move it forward subject to a conditional use permit rather than keep it in the manufacturing zone.
Commissioner Ringlein suggested a compromise "by right" in the M-1 and M-2 zone and in any other zone subject to a conditional use permit.
Commissioner Caffery concurred with "by right" in the M1/M2 zone and possibly include the P zone. Commissioner Conrad noted hesitation with operation in the M-1 zone since the established ones are non-conforming and felt that the P zone is the best. Staff responded that the existing establishments are currently illegal non-conforming and that their future status is at the City Council’s discretion.
Commissioner Donenfeld expressed concern with increasing the zones beyond the M-1 and M-2 in which the medical cannabis cooperatives can be operated. Although Commissioner Donenfeld expressed his support for authorizing such establishments within Palm Springs, he felt that City Council’s resolution limiting the zoning authorization to these two zones should be concurred in by the Planning Commission, particularly in light of Council’s 2 year study on the subject.
Motion to To direct staff to prepare a resolution and draft ordinance and return to the Planning Commission based on:
-Option 2: To allow medical cannabis cooperatives and collectives permitted in the M-1, M-2 and P zones "by
right" and by conditional use permit in all other non-residential zones including the development standards as
listed in the staff report. Moved by Scott, seconded by Caffery.
Vote to To direct staff to prepare a resolution and draft ordinance and return to the Planning Commission based on:
-Option 2: To allow medical cannabis cooperatives and collectives permitted in the M-1, M-2 and P zones "by
right" and by conditional use permit in all other non-residential zones including the development standards as
listed in the staff report. (Approved)
Chair Hochanadel re-entered the Council Chamber at 4:00 p.m.
PLANNING COMMISSION COMMENTS:
Commissioner Conrad noted safety concerns at the skate park and requested follow-up.
Commissioner Caffery noted a concern with the amount of outdoor displays in the CBD zone. Staff provided an update on the the status of outdoor displays and open signs recently approved in the CBD zone.
Commissioner Scott suggested changing the code enforcement schedule to be available on the weekends to monitor it more closely.
Commissioner Conrad noted that she did not attend the November 5th study session because she has abstained on the Museum Market Plaza project and will not be participating in the discussion and vote.
Chair Hochanadel noted that due to medical reasons he will not be in attendance for the December 3rd meeting.
PLANNING DIRECTOR’S REPORT:
Mr. Ewing reported that the City Council will be meeting tonight with the Human Rights Commission. Director Ewing reported reported that December 3rd will be the first public hearing on the Specific Plan for the Museum Market Plaza.
ADJOURNMENT:
There being no further comments the meeting adjourned at 4:06 p.m.
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