Video index
CALL TO ORDER:
Chair Caffery called the meeting to order at 1:30 p.m.
ROLL CALL:
Roll Call: 7 members present, 0 members absent, 0 members excused.
REPORT OF POSTING OF AGENDA:
The agenda was available for public access at the City Hall exterior bulletin board (west side of Council Chamber) and the Planning Services counter by 4:00 p.m. on Thursday, December 2, 2010.
ACCEPTANCE OF THE AGENDA:
Commissioners Conrad and Munger noted their abstention on the minutes of November 3, 2010 and November 10, 2010.
PUBLIC COMMENTS:
Chair Caffery opened public comments:
-George Herscu, spoke in reference to Item 1B, commented on the economic downturn affecting the construction of this project and noted his efforts to extend the leases at the current IHOP property.
-Stephen Lopez, legal representation for Mr. Herscu, spoke in reference to Item 1B, requesting the maximum time for the time extension to allow the developers an opportunity to work with the market.
There being no further appearances public comments was closed.
1. CONSENT CALENDAR:
Motion to To approve Item 1A and 1B, as part of the Consent Calendar. Moved by Vice Chair Scott, seconded by Doug Donenfeld.
Vote to To approve Item 1A and 1B, as part of the Consent Calendar. (Approved)
1A. Minutes of October 27, 2010, November 3, 2010 and November 10, 2010.
Approved, as part of the Consent Calendar.
1B. Case 5.1042 PD 311 - A request for a one (1) year time extension for a previously approved mixed-use project consisting of residential, commercial, and recreational facilities located at 450-490 South Palm Canyon Drive, Zone CBD, Section 15. (Project Planner: Glenn Mlaker, Assistant Planner)
Approved, as part of the Consent Calendar.
2. PUBLIC HEARINGS:
2A. Case 5.1247 CUP - An application for a conditional use permit by Cadence Development, Inc. seeking approval for a 24-hour convenience store use in a renovated existing facility on a roughly 0.43 acre site located at 150 West Vista Chino Road, Zone C-1 / R-3. (Project Planner: Ken Lyon, Associate Planner)
Ken Lyon, Associate Planner, provided background information as outlined in the staff report dated December 8, 2010. Mr. Lyon noted this application does not include the sale of beer and wine, however, the applicant may bring back a request for a Public Convenience or Necessity (PCN) to the City Council at any time.
Chair Caffery opened the public hearing:
-Greg Ham, Cadence Development, provided details on the renovation of the building including including the architecture, market appeal and financial benefits to the city. A video simulation of the project site was shown with an emphasis on the location, surrounding properties, architecuture and building elevations.
-Peter Whittingham, Cadence Development, discussed the proposed use for the site, daily delivery of fresh products to the store and 7 Eleven’s business model.
-Thomas O’Connell, expressed concern with traffic safety issues and the numerous amount of liquor stores in this area.
-Sobhy Youssef, owner of adjacent service station, spoke in opposition of the project, expressed concern with a liquor store located directly across from a first class hotel.
-Peter Whittingham, applicant rebuttal, clarified that 7 Eleven is a neighborhood market and not a liquor store with less than 8% of the gross floor area devoted to beer and wine.
There being no further appearances the public hearing was closed.
The Commission asked questions about the sign design, architecture, building colors and security measures.
Commissioner Donenfeld commended the applicant on the excellent presentation and noted that this project will compliment the community.
Motion to To approve, subject to Conditions of Approval, as amended:
-The applicant shall post a sign for egressing traffic at the existing driveway on Vista Chino Road restricting this driveway to right turn egress only. Moved by Doug Donenfeld, seconded by Leslie Munger.
Vote to To approve, subject to Conditions of Approval, as amended:
-The applicant shall post a sign for egressing traffic at the existing driveway on Vista Chino Road restricting this driveway to right turn egress only. (Approved)
Director Ewing reported that this action may be appealed to the City Council within 10 working days.
2B. Case 5.1255 CUP - A request by Desert Sun Center LLC for a Type II Conditional Use Permit to operate a food bank and distribution facility to economically disadvantaged / disabled senior citizens at 610 South Belardo Road, APN: 513-290-014, Zone PD 77, Section 22. (Project Planner: David A. Newell, Associate Planner)
David Newell, Associate Planner, provided background information as outlined in the staff report dated December 8, 2010.
Chair Caffery opened public comments:
-Harvey Stern, provided background information on the non-profit organization pertaining to the type of clientele, donation deliveries and food distribution.
-Kelly Wells, provided information on the food deliveries to the facility, distribution process and the types of food donated and distributed.
-Robin Johnson, (director of social services, Desert AIDS Project), stated that a high number of HIV patients are economically disadvantaged and spoke in support of the proposed project.
-Randy Lowe, (chairman, board of directors, Golden Rainbow), spoke about the importance of this service to the community.
-Carlo Paoli, on behalf of Bernice Greene, expressed opposition to the food bank and distribution center because it will increase traffic and loitering in this area.
-Tom Lathrop, (board member, Golden Rainbow), spoke about their search for an appropriate location and hours of operation.
-Tim Sigle, requested approval of the food bank to help low income senior citizens and the community.
-John Giandelonie, expressed support for the proposed project and noted the benefits to the community.
-Michael Lowe, requested consideration of the proposed application for all those in need in the community.
-David Kimball, (chief operating officer, Golden Rainbow), addressed the loitering and vagrancy concern and noted the limted hours of food distribution.
-Harvey Stern, explained that they have temporarily re-located until approval of this application.
There being no further appearances the public hearing was closed.
The Commission requested further information on the type of transportation the majority of clients use and the maximum amont of people allowed in the building.
Commissioner Klatchko stated that this an appropriate use and location and noted that no negative comments from the neighboring tenants were received.
Motion to To recommend approval to the City Council, subject to Conditions of Approval. Moved by Philip Klatchko, seconded by Vice Chair Scott.
Vote to To recommend approval to the City Council, subject to Conditions of Approval. (Approved)
A recess was taken at 3:02 p.m.
The meeting resumed at 3:09 p.m.
(Items 2C and 2D were hearc simultaneously.)
2C. Case Nos. 5.1240-C thru G-CUP, 6.522-VAR & 7.1346-AMM; A request by Wind Power Partners 1993, LP, for Conditional Use Permits, Administrative Minor Modifications and Variance applications to replace 80 existing aging Wind Energy Conversion Systems (WECS), with 26 new WECS located along west side of Indian Canyon Drive, north of 20th Avenue and east of Hwy 62, Zone E-I. (Project Planner: Edward O. Robertson, Principal Planner)
2D. Case 5.1240B-CUP, 6.522-VAR & 7.1346-AMM; A request by Wind Power Partners 1993, LP, for a Conditional Use Permit, Administrative Minor Modification and Variance application to replace 9 existing aging Wind Energy Conversion Systems (WECS), with 3 new WECS located along west of Whitewater River, north of Tipton Road and south of I-10 Freeway, Zone "W". (Project Planner: Edward O. Robertson, Principal Planner)
Edward Robertson, Principal Planner, provided background information as outlined in the staff reports dated December 8, 2010. Mr. Robertson reported that staff provided to the Commission a memorandum with minor revisions to the conditions of approval.
Chair Caffery opened the public hearing:
-Fred Noble, (applicant), Wintec Energy, provided details on removal of the existing and aging wind turbine generators noting replacement with fewer and more efficient turbines.
-Andy Starke, project manager, outlined the project benefits including sales and property taxes to the city and requested construction to begin in January so that it can be completed by the windy season.
There being no further appearances the public hearing was closed.
Staff noted that a request was received from the applicant to extend the construction hours of operation to expediate the project.
Chair Caffery spoke about PLN 9 and noted his preference for the turbines to be grey in color rather than a white color.
Motion to To adopt the Mitigated Negative Declaration (MND) and approve Case Nos. 5.1240C thru G-CUP, Case 6.522-VAR and 7.1346-AMM, subject to the attached Conditions of Approval, as amended:
-Construction and construction traffic shall not be restricted unless the City receives complaints. In the event the City receives complaints, the applicant shall coordinate with planning staff for an amendment to the hours of construction, noise and light nuisance.
-PLN 9: Delete the color of turbines "shall be white" and color to be approved by staff.
-The site shall be returned to its natural state. Moved by Tracy Conrad, seconded by Doug Donenfeld.
Vote to To adopt the Mitigated Negative Declaration (MND) and approve Case Nos. 5.1240C thru G-CUP, Case 6.522-VAR and 7.1346-AMM, subject to the attached Conditions of Approval, as amended:
-Construction and construction traffic shall not be restricted unless the City receives complaints. In the event the City receives complaints, the applicant shall coordinate with planning staff for an amendment to the hours of construction, noise and light nuisance.
-PLN 9: Delete the color of turbines "shall be white" and color to be approved by staff.
-The site shall be returned to its natural state. (Approved)
PLANNING COMMISSION COMMENTS:
The Commission discussed and appointed a subcommittee to conduct interviews for the AAC vancancies. Director Ewing suggested a special meeting could be held with the AAC ; and the Commission could make the appointments at this time. The Commission concurred.
PLANNING DIRECTOR’S REPORT:
Director Ewing reminded the Commission there will be no meeting on December 22nd and a study session meeting would be held on January 5th. The City Council is meeting with the Tribal Council tonight at 5:30 p.m.
ADJOURNMENT:
There being no further comments the Planning Commission adjourned at 3:40 p.m. to Wednesday, January 5, 2011, at 2:00 p.m., at City Hall in the Large Conference Room, 3200 East Tahquitz Canyon Way.
Dec 08, 2010 Planning Commission
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CALL TO ORDER:
Chair Caffery called the meeting to order at 1:30 p.m.
ROLL CALL:
Roll Call: 7 members present, 0 members absent, 0 members excused.
REPORT OF POSTING OF AGENDA:
The agenda was available for public access at the City Hall exterior bulletin board (west side of Council Chamber) and the Planning Services counter by 4:00 p.m. on Thursday, December 2, 2010.
ACCEPTANCE OF THE AGENDA:
Commissioners Conrad and Munger noted their abstention on the minutes of November 3, 2010 and November 10, 2010.
PUBLIC COMMENTS:
Chair Caffery opened public comments:
-George Herscu, spoke in reference to Item 1B, commented on the economic downturn affecting the construction of this project and noted his efforts to extend the leases at the current IHOP property.
-Stephen Lopez, legal representation for Mr. Herscu, spoke in reference to Item 1B, requesting the maximum time for the time extension to allow the developers an opportunity to work with the market.
There being no further appearances public comments was closed.
1. CONSENT CALENDAR:
Motion to To approve Item 1A and 1B, as part of the Consent Calendar. Moved by Vice Chair Scott, seconded by Doug Donenfeld.
Vote to To approve Item 1A and 1B, as part of the Consent Calendar. (Approved)
1A. Minutes of October 27, 2010, November 3, 2010 and November 10, 2010.
Approved, as part of the Consent Calendar.
1B. Case 5.1042 PD 311 - A request for a one (1) year time extension for a previously approved mixed-use project consisting of residential, commercial, and recreational facilities located at 450-490 South Palm Canyon Drive, Zone CBD, Section 15. (Project Planner: Glenn Mlaker, Assistant Planner)
Approved, as part of the Consent Calendar.
2. PUBLIC HEARINGS:
2A. Case 5.1247 CUP - An application for a conditional use permit by Cadence Development, Inc. seeking approval for a 24-hour convenience store use in a renovated existing facility on a roughly 0.43 acre site located at 150 West Vista Chino Road, Zone C-1 / R-3. (Project Planner: Ken Lyon, Associate Planner)
Ken Lyon, Associate Planner, provided background information as outlined in the staff report dated December 8, 2010. Mr. Lyon noted this application does not include the sale of beer and wine, however, the applicant may bring back a request for a Public Convenience or Necessity (PCN) to the City Council at any time.
Chair Caffery opened the public hearing:
-Greg Ham, Cadence Development, provided details on the renovation of the building including including the architecture, market appeal and financial benefits to the city. A video simulation of the project site was shown with an emphasis on the location, surrounding properties, architecuture and building elevations.
-Peter Whittingham, Cadence Development, discussed the proposed use for the site, daily delivery of fresh products to the store and 7 Eleven’s business model.
-Thomas O’Connell, expressed concern with traffic safety issues and the numerous amount of liquor stores in this area.
-Sobhy Youssef, owner of adjacent service station, spoke in opposition of the project, expressed concern with a liquor store located directly across from a first class hotel.
-Peter Whittingham, applicant rebuttal, clarified that 7 Eleven is a neighborhood market and not a liquor store with less than 8% of the gross floor area devoted to beer and wine.
There being no further appearances the public hearing was closed.
The Commission asked questions about the sign design, architecture, building colors and security measures.
Commissioner Donenfeld commended the applicant on the excellent presentation and noted that this project will compliment the community.
Motion to To approve, subject to Conditions of Approval, as amended:
-The applicant shall post a sign for egressing traffic at the existing driveway on Vista Chino Road restricting this driveway to right turn egress only. Moved by Doug Donenfeld, seconded by Leslie Munger.
Vote to To approve, subject to Conditions of Approval, as amended:
-The applicant shall post a sign for egressing traffic at the existing driveway on Vista Chino Road restricting this driveway to right turn egress only. (Approved)
Director Ewing reported that this action may be appealed to the City Council within 10 working days.
2B. Case 5.1255 CUP - A request by Desert Sun Center LLC for a Type II Conditional Use Permit to operate a food bank and distribution facility to economically disadvantaged / disabled senior citizens at 610 South Belardo Road, APN: 513-290-014, Zone PD 77, Section 22. (Project Planner: David A. Newell, Associate Planner)
David Newell, Associate Planner, provided background information as outlined in the staff report dated December 8, 2010.
Chair Caffery opened public comments:
-Harvey Stern, provided background information on the non-profit organization pertaining to the type of clientele, donation deliveries and food distribution.
-Kelly Wells, provided information on the food deliveries to the facility, distribution process and the types of food donated and distributed.
-Robin Johnson, (director of social services, Desert AIDS Project), stated that a high number of HIV patients are economically disadvantaged and spoke in support of the proposed project.
-Randy Lowe, (chairman, board of directors, Golden Rainbow), spoke about the importance of this service to the community.
-Carlo Paoli, on behalf of Bernice Greene, expressed opposition to the food bank and distribution center because it will increase traffic and loitering in this area.
-Tom Lathrop, (board member, Golden Rainbow), spoke about their search for an appropriate location and hours of operation.
-Tim Sigle, requested approval of the food bank to help low income senior citizens and the community.
-John Giandelonie, expressed support for the proposed project and noted the benefits to the community.
-Michael Lowe, requested consideration of the proposed application for all those in need in the community.
-David Kimball, (chief operating officer, Golden Rainbow), addressed the loitering and vagrancy concern and noted the limted hours of food distribution.
-Harvey Stern, explained that they have temporarily re-located until approval of this application.
There being no further appearances the public hearing was closed.
The Commission requested further information on the type of transportation the majority of clients use and the maximum amont of people allowed in the building.
Commissioner Klatchko stated that this an appropriate use and location and noted that no negative comments from the neighboring tenants were received.
Motion to To recommend approval to the City Council, subject to Conditions of Approval. Moved by Philip Klatchko, seconded by Vice Chair Scott.
Vote to To recommend approval to the City Council, subject to Conditions of Approval. (Approved)
A recess was taken at 3:02 p.m.
The meeting resumed at 3:09 p.m.
(Items 2C and 2D were hearc simultaneously.)
2C. Case Nos. 5.1240-C thru G-CUP, 6.522-VAR & 7.1346-AMM; A request by Wind Power Partners 1993, LP, for Conditional Use Permits, Administrative Minor Modifications and Variance applications to replace 80 existing aging Wind Energy Conversion Systems (WECS), with 26 new WECS located along west side of Indian Canyon Drive, north of 20th Avenue and east of Hwy 62, Zone E-I. (Project Planner: Edward O. Robertson, Principal Planner)
2D. Case 5.1240B-CUP, 6.522-VAR & 7.1346-AMM; A request by Wind Power Partners 1993, LP, for a Conditional Use Permit, Administrative Minor Modification and Variance application to replace 9 existing aging Wind Energy Conversion Systems (WECS), with 3 new WECS located along west of Whitewater River, north of Tipton Road and south of I-10 Freeway, Zone "W". (Project Planner: Edward O. Robertson, Principal Planner)
Edward Robertson, Principal Planner, provided background information as outlined in the staff reports dated December 8, 2010. Mr. Robertson reported that staff provided to the Commission a memorandum with minor revisions to the conditions of approval.
Chair Caffery opened the public hearing:
-Fred Noble, (applicant), Wintec Energy, provided details on removal of the existing and aging wind turbine generators noting replacement with fewer and more efficient turbines.
-Andy Starke, project manager, outlined the project benefits including sales and property taxes to the city and requested construction to begin in January so that it can be completed by the windy season.
There being no further appearances the public hearing was closed.
Staff noted that a request was received from the applicant to extend the construction hours of operation to expediate the project.
Chair Caffery spoke about PLN 9 and noted his preference for the turbines to be grey in color rather than a white color.
Motion to To adopt the Mitigated Negative Declaration (MND) and approve Case Nos. 5.1240C thru G-CUP, Case 6.522-VAR and 7.1346-AMM, subject to the attached Conditions of Approval, as amended:
-Construction and construction traffic shall not be restricted unless the City receives complaints. In the event the City receives complaints, the applicant shall coordinate with planning staff for an amendment to the hours of construction, noise and light nuisance.
-PLN 9: Delete the color of turbines "shall be white" and color to be approved by staff.
-The site shall be returned to its natural state. Moved by Tracy Conrad, seconded by Doug Donenfeld.
Vote to To adopt the Mitigated Negative Declaration (MND) and approve Case Nos. 5.1240C thru G-CUP, Case 6.522-VAR and 7.1346-AMM, subject to the attached Conditions of Approval, as amended:
-Construction and construction traffic shall not be restricted unless the City receives complaints. In the event the City receives complaints, the applicant shall coordinate with planning staff for an amendment to the hours of construction, noise and light nuisance.
-PLN 9: Delete the color of turbines "shall be white" and color to be approved by staff.
-The site shall be returned to its natural state. (Approved)
PLANNING COMMISSION COMMENTS:
The Commission discussed and appointed a subcommittee to conduct interviews for the AAC vancancies. Director Ewing suggested a special meeting could be held with the AAC ; and the Commission could make the appointments at this time. The Commission concurred.
PLANNING DIRECTOR’S REPORT:
Director Ewing reminded the Commission there will be no meeting on December 22nd and a study session meeting would be held on January 5th. The City Council is meeting with the Tribal Council tonight at 5:30 p.m.
ADJOURNMENT:
There being no further comments the Planning Commission adjourned at 3:40 p.m. to Wednesday, January 5, 2011, at 2:00 p.m., at City Hall in the Large Conference Room, 3200 East Tahquitz Canyon Way.
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