CALL TO ORDER:
Chair Donenfeld called the meeting to order at 1:30 p.m.
Roll Call: 7 members present, 0 members absent, 0 members excused.
Chair Donenfeld welcomed Kathy Weremiuk as the new member of the Planning Commission.
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, July 5, 2012.
ACCEPTANCE OF THE AGENDA:
The agenda was unanimously accepted, as presented.
1. ELECTION OF OFFICERS:
1A. Election of Chair
Chair Donenfeld opened the nominations for Chair. Commissioner Roberts nominated Doug Donenfeld, seconded by Commissioner Munger. No other nominations were offered. Nominations were closed.
By acclamation, the Planning Commission approved Doug Donenfeld to serve as Chair.
1B. Election of Vice-Chair
Chair Donenfeld opened nominations for Vice Chair. Commissioner Munger nominated Doug Hudson, seconded by Commissioner Calerdine. No other nominations were offered. Nominations were closed.
By acclamation, the Planning Commission approved Doug Hudson as Vice Chair.
2. SPECIAL PRESENTATION: Resolution of Commendation: A resolution of commendation recognizing Tracy Conrad for her service to the City of Palm Springs, as a member of the Planning Commission.
Chair Donenfeld and the Planning Commission presented a Certificate of Commendation to Tracy Conrad for her years of service to the City of Palm Springs, as a member of the Planning Commission.
Chair Donenfeld opened public comments:
The following persons spoke in opposition of Item 6A. Case 5.1265 ZTA:
-Greg Purdy, spoke about his experience living next door to a substance abuse treatment center and the crime associated with it; he spoke about a committee that is working on developing a neighborhood guide on how to co-exist with these types of facilities.
-Tom Stansbury, commented on the unique characteristics of the Deepwell Neighborhood and how treatment facilities could adversely affect quality of life and property values.
-Jim King, spoke about the increase in burglaries and loittering in the DENO Neighborhood because of the high transient occupancy in the area.
-Sheryl Hamlin, commented on staff’s interpretation of the State law licensure requirements.
-Michael McKenzie, expressed concern that a treatment center in his neighborhood would increase the transient occupancy.
-Lyle Sever, commented on an existing treatment center operating without permits and the lack of parking spaces.
There being no further appearances; public comments was closed.
3. CONSENT CALENDAR:
Motion to To approve, Items 3A and 3B, as part of the Consent Calendar. Moved by J.R. Roberts, seconded by Leslie Munger.
Vote to To approve, Items 3A and 3B, as part of the Consent Calendar. (Approved)
3A. Minutes of June 13, 2012.
To approve, as presented. (Noting Commissioner Weremiuk’s abstention.)
3B. Case 5.1070-PD 317 (Eagle Canyon) Time Extension - A request by Tera Nova Planning on behalf of the owners of Eagle Canyon Development for a one-year time extension for the previously approved PD 351 for the development of 75 single-family residences, 155 townhomes and an activity center located on the west side of South Palm Canyon Drive at Bogert Trail, Zone PD 317, Section 34. (Project Planner: Edward O. Robertson, Principal Planner)
Approved, as part of the Consent Calendar.
4. OTHER BUSINESS:
4A. Architectural Advisory Committee: Appointment of Architectural Advisory Committee members to two expired terms and one vacant alternate member position.
Principal Planner Robertson provided an overview of the staff memorandum dated July 11, 2012.
Commissioner Klatchko spoke in favor of reappointing the two existing AAC members who are not termed out (Kleindienst and Harlan) noting their high level of experience and methodology. Mr. Klatchko commented on how one AAC Alternate member has worked in the past and expressed a preference to keep it as such.
Commissioner Weremiuck expressed a preference to post the notice for the AAC vacancies.
Motion to To direct to post the required notice of vacancy for the Architectural Advisory Committee. Moved by Kathy Weremiuk, seconded by Lyn Calerdine.
Vote to To direct to post the required notice of vacancy for the Architectural Advisory Committee. (Approved)
5. PUBLIC HEARING:
5A. Case 5.1273 ZTA - An application by the City of Palm Springs to amend Sections 94.02.01D.3, 94.06.01B.2 and 94.04.0.E2.a of the Palm Springs Zoning Code to allow the Director of Planning Services the option of referring to the Planning Commission applications for Land Use Permits, Minor Architectural Approvals and Administrative Minor Modifications.
Director Ewing provided background information as outlined in the staff report dated July 11, 2012.
Chair Donenfeld opened the public hearing; and with no appearances coming foraward the public hearing was closed.
Commissioner Klatchko asked staff to explain the administrative approval for Land Use Permits.
Commissioner Weremiuk expressed concern with having pressure from the Commission and/or applicants to refer projects up and expressed a preference to keep these applications at staff level approval.
Commissioner Munger recalled when the Saguaro Hotel repaint was referredl to the Commission for review and how it created lots of discussion within the community.
Commissioner Roberts spoke favorably of the proposed zone text amendment; noting that it will serve the community and allow more flexibility for the Commission and staff.
Motion to To adopt the draft resolution and recommend approval of Case 5.1273 ZTA to the City Council to allow the Director of Planning the option of referring to the Planning Commission applications for Land Use Permit, Minor Architectural Approvals and Minor Modifications. Moved by Leslie Munger, seconded by Vice Chair Hudson.
Vote to To adopt the draft resolution and recommend approval of Case 5.1273 ZTA to the City Council to allow the Director of Planning the option of referring to the Planning Commission applications for Land Use Permit, Minor Architectural Approvals and Minor Modifications. (Approved)
6. DISCUSSION ITEM:
6A. Case 5.1265 ZTA - A Zoning Ordinance Text Amendment regarding substance abuse recovery centers. (Project Planner: Ken Lyon, Associate Planner)
Ken Lyon, Associate Planner, reported that on the meeting of May 18, 2011, the Council requested a review of the definition and regulatory standards for substance recovery centers and provided a summary of the staff report.
Commissioner Calerdine raised the following questions:
-Does the City have the right to impose business license fees for home occupancies of six (6) beds or less?
-If the City adopts an ordinance similar to the Newport Beach regulations will many of thes problems be addressed?
-Parking requirements: Will consideration be given for in-house residents who work outside the premises on a full-time basis?
-Address the issue of over-concentration of facilities?
-Can a record of calls from the Police Department be provided for Commission review?
Chair Donenfeld requested clarification on the State law regulations for treatment facilities. Director Ewing responded that State law requires that residential care facilities that serve six beds or less be considered a single-family resident. Single-family residents are subject to the home occupancy ordinance and further research needs to be done for any business activity conducted in the home.
Commissioner Klatchko made the following comments:
-Provide feedback from the City Attorney to address the home occupancy business fees and legal matters pertaining to State regulations.
-Review and compare the occupanices of recovery treatment centers and hotels; which is higher and has the hotel use received any complaints.
Commissioner Roberts commented on the following:
-Any application received for a sober living or treatment facility should be reviewed on a case-by-case basis by the Planning Commission to address the on-going issues.
-Consider strengthening local laws to regulate these types of facilites as commercial use rather than single-family use.
-Get feedback from the City Attorney pertaining to the State regulations.
-The need to address noise, smoking, loitering and concentration of larger facilities.
Commissioner Munger suggested a study sesison be held on this item to address some of the following issues:
-Discussion with the City Attorney to address legal regulations.
-Parking issues in residential areas and on-street parking.
-The clustering of larger facilities.
Commissioner Klatchko noted a distinction between 6 beds or less and a larger facility that could be regulated with a conditional use permit and the appropriate conditions and standards. He asked if assisted living facilities require a conditional use permit. Planner Lyon responded that assisted living facilities in all residential zones, except R-1, require a conditional use permit. Mr. Klatcho suggested guidance be obtained from the City Attorney on clustering and single owners operating multiple facilities. Planner Lyon responded that the State differentiates 6 beds or less as unlicensed and licensed and the City may have the right to object on issues of concentration and not on the use. He stated that he will do more research on this matter.
Commissioner Klatchko noted that nuisance or criminal activity by any member of the public can be dealt with by calling the police.
Commissioner Calerdine commented on the following:
-The interpretation of business license regulations;
-Are any employees allowed to be brought in for home based businesses?
Commissioner Roberts reiterated his concern with the unlicensed facilities that are not State regulated and suggested conditions could be imposed to create a review process if complaints are received.
Commissioner Munger commented on seeking further direction from the Council and exploring the possibility of creating a moraturium on conditional use permits until further options are studied.
Commissioner Weremiuk spoke about her previous experience with the Department of Developmental Disabilities for people exiting State hospitals that are required to use these types of facilities. She noted that the fire department addresses the safety code standards; and the problems in the Deepwell neighborhood are due poor operation and inadequate parking and could be handled by imposing conditions with a conditional use permit.
Ms. Weremiuck requested parking studies be provided that include the amount of spaces used and the requirement. She suggested a study session be held to discuss the two items as separate issues.
Director Ewing summed up the main points as follows:
1. Provide a transcipt of the City Council’s initial discussion.
2. Identify ways of regulating 6 or fewer beds under State law.
3. Consult the City Attorney pertaining to the licensure requirements.
4. Consider regulating 7 beds or more with a Conditional Use Permit; and explore in which zones to allow use.
5. Establish development standards.
PLANNING COMMISSION COMMENTS:
A. 2012 / 2013 Annual Schedule for Planning Commission Representation to the Architectural Advisory Committee (AAC) meetings.
Commissioner Calerdine requested an update on the status of the driveway relocation for Coco’s Restaurant.
Commissioner Klatchko followed up on the "A" frame signs discussed at their last meeting and requested Code Enforcement review two signs (side-by-side) placed on the right-of-way at a business at La Plaza on Palm Canyon.
PLANNING DIRECTOR’S REPORT:
Director Ewing reported that a request came in fom planning staff at the Agua Caliente Band of Cahuilla Indians (ACBCI) for a joint meeting between the Commission and the Indian Planning Commission to discuss policy issues related to Section 14. The majority of the Commission was not available to attend on September 5th and a new date would be scheduled in the near future.
Director Ewing provided an update on the following items:
-A hotel unit count for the remodel of the Camp Palm Springs (formerly known as the Sky Lark Hotel);
-A land use permit for a sidewalk sale downtown in August;
-A nomination for the The Alley building to receive a Class I designation;
-Canopies and carports ordinance amendment;
There being no further comments the Planning Commission adjourned 3:12 p.m. to Wednesday, July 25, 2012, at 1:30 p.m., City Hall, Council Chamber, 3200 East Tahquitz Canyon Way.
Jul 11, 2012 Planning Commission