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CALL TO ORDER:
Vice Chair Hudson called the meeting to order at 1:30 pm.
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 4:00 p.m. on Thursday, October 18, 2012.
ACCEPTANCE OF THE AGENDA:
Commissioner Munger noted her abstention on Item 3C.
Vice Chair Hudson noted his abstention on Item 3A due to business related conflict of interest.
The agenda was accepted, as amended.
PUBLIC COMMENTS:
Vice Chair Hudson opened public comments:
-Kathleen Adams, president, the Canyons Homeowners Association, spoke in reference to Item 2A, Case 5.1255 CUP, commented in opposition of the location, bright lights, noise and trash to the neighborhood.
-Jessica Norte, spoke in reference to Item 3A, commented in opposition of the tennis court lighting.
-Randy Lowe, chairman, The Center Food Bank, spoke in reference to Item 2A, Case 5.1255 CUP, commented on the changes made to the operation of the facility and on the Center's strategic plans to relocate in the future.
-Frank Tysen, chairman, Historic Tennis Club Neighborhood Organization (HTCNO), spoke in reference to Item 2A, Case 5.1255 CUP, noted that the location is not the appropriate place for this type of service.
-Michele Johnson, spoke in reference to Item 3C, Case 12-003 Pre App, commented in opposition of the blocked views for the proposed hotel.
-Sara Frith, spoke in reference to Item 3C, Case 12-003 Pre App, commented in opposition of the proposed hotel relating to the height, setbacks and historic integrity of the area.
There being no further appearances public comments was closed.
1. CONSENT CALENDAR:
Commissioner Weremiuk requested Item 1B pulled from the Consent Calendar for separate discussion.
Motion to To approve Items 1A and 1C, as part of the Consent Calendar. Moved by Lyn Calerdine, seconded by Leslie Munger.
Vote to To approve Items 1A and 1C, as part of the Consent Calendar. (Approved)
1A. Minutes of September 26, 2012.
To approve, as submitted.
1B. Case 5.1164 PD 343 Time Extension - A request by Crossley Partners, LLC., for a one-year time extension for a previously approved PD343 to construct a mixed-use development consisting of approximately 54, 000 square feet of commercial retail and office space on a roughly 3.8-acre site located at the northeast corner of Crossley Road and East Sunny Dunes Road, Zone W-M-1/PDD 343, Section 7. (Project Planner: Edward Robertson, Principal Planner)
Commissioner Weremiuk expressed concern with continual time extensions on this project and requested more detailed information be provided.
Principal Planner Robertson responded that the Zoning Code does not impose a limit on the number of time extensions and no specific findings are required.
Commissioner Calerdine commented that numerous projects have not moved forward because of the economic environment and does not agree that this project needs to be sent back through the entire review process.
Commissioner Roberts noted that the uses may have changed from the original approval and suggested a study session be held to discuss criteria for time extension requests.
Commissioner Munger agreed with setting up criteria for time extensions and explained that residential vacancies are much easier to fill than commercial and industrial spaces.
-Michael Braun, Wessman Development, (responded to the Commission) commented that the developer must spend a large amount of money to receive entitlements for a commercial development and then in order to be financially feasible they must secure 50% of building tenants. Mr. Braun stated that the vacancy rates are very high in this area.
Motion to To approve a one-year time extension from October 2, 2012 to October 1, 2013, subject to the attached revised Conditions of Approval Moved by Philip Klatchko, seconded by Kathy Weremiuk.
Vote to To approve a one-year time extension from October 2, 2012 to October 1, 2013, subject to the attached revised Conditions of Approval (Approved)
1C. Case 5.1250 General Plan Conformity Review - A request by Coachella Valley Water District (CVWD) for a finding of conformity with the Palm Springs General Plan on two proposed capital projects. (Project Planner: Ken Lyon, Associate Planner)
To approve, as submitted.
2. OTHER BUSINESS:
2A. Case 5.1255 CUP - A review of an existing Conditional Use Permit that authorizes "The Center" to operate a food bank and distribution facility within an office building located at 610 South Belardo Road, Zone PD-77, Section 22. (Project Planner: David A. Newell, Associate Planner)
David Newell, Associate Planner, provided background information as outlined in the memorandum.
The Commission discussed and/or commented on:
-The possibility of restricting parking on the west side of Belardo Road (for the Thursday evening distribution) and handicap on-site parking on the east side of Belardo.
-An update on the police incident calls dispatched to the Center.
-Randy Lowe, (responded to questions from the Commission) commented on the changes they have made to the operation of the facility and agreed to work on shielding the lighting to the Canyons.
Commissioner Munger suggested an update be brought back to the Commission in two months.
Motion to To bring back to the Commission for review in six (6) months and;
-To direct staff to investigate the lighting for conformance to the City's lighting ordinance;
-To direct the Engineering staff to review the parking limitations that can be imposed on Belardo Road and report back to the Commission. Moved by Kathy Weremiuk, seconded by J.R. Roberts.
Vote to To bring back to the Commission for review in six (6) months and;
-To direct staff to investigate the lighting for conformance to the City's lighting ordinance;
-To direct the Engineering staff to review the parking limitations that can be imposed on Belardo Road and report back to the Commission. (Approved)
3. PUBLIC HEARINGS:
3A. Case 5.1285 CUP - An application by Donald Skeoch for the installation of tennis court lighting on a lot associated with the construction of a new 6,283-square foot single family residence within the Estancias Development at 3181 Las Brisas Way, Zone R-1-B, Section 35. (Project Planner: Glenn Mlaker, AICP, Assistant Planner)
Vice Chair Hudson noted his abstention on Item 3A and left the Council Chamber at 2:27 pm.
Commissioner Roberts assumed position of Chairman.
Glenn Mlaker, Assistant Planner, provided background information as outlined in the staff report dated October 24, 2012.
Commissioner Roberts opened the public hearing:
-Brian Diebolt, project designer (representing the owner), stated that he was not aware of any opposition to the project and the owner received a letter of approval for this project from the homeowners association. Mr. Diebolt responded to questions from the Commission.
-Jessica Norte, (a resident of Estancias) stated that she attended the HOA meeting and there were members who opposed the proposal.
There being no further appearance the public hearing was closed.
Commissioner Weremiuk expressed concern with the tennis court lighting.
Commissioner Calerdine suggested imposing a time limit on the tennis court lighting.
Commissioner Munger spoke in opposition of the tennis court lighting and noise especially during the evening hours. She also commented that overgrown trees may become obtrusive to the neighbors.
Commissioner Munger expressed concern with the tennis court lighting and noise especially during the evening hours. She also commented that the overgrown trees may become obtrusive to the neighbors.
Motion to To approve Case 3.3594 SFR, subject to the Conditions of Approval. Moved by Kathy Weremiuk, seconded by Leslie Munger.
Vote to To approve Case 3.3594 SFR, subject to the Conditions of Approval. (Approved)
Motion to To direct staff to bring back a resolution of denial Case 5.1285 CUP. Moved by Leslie Munger, seconded by Kathy Weremiuk.
Vote to To direct staff to bring back a resolution of denial Case 5.1285 CUP. (Approved)
Director Ewing reported that the appeal period will begin on the date the resolution of denial is approved by the Planning Commission.
Vice Chair Hudson re-entered the Council Chamber at 2:59 pm.
3B. Case 5.1277 CUP - An application by Whitewater Solar Farm 1, LLC., for a Conditional Use Permit and a request for 7,75 acres of "Take" under the guidelines of the Coachella Valley Multiple Species Conservation Plan, to develop a 3 Megawatt solar energy production facility on roughly 12 acres of a 108-acre parcel located at 58641 Tipton Road, Zone 0-5 (Open Space) and W (Watercourse). (Ken Lyon, Associate Planner)
Ken Lyon, Associate Planner, provided background information as outlined in the staff report dated October 24, 2012.
The Commission requested clarification on the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP) concept of "Take" (that allows limited development in areas designated of Conservation Areas). Mr. Lyon explained the allocated acreage of Take for each jurisdiction.
Commissioner Weremuik stated that she did not have an opportunity to see the environmental report and would not be voting today. She suggested the item be continued to the next meeting.
Commissioner Calerdine requested a continuance because he did not have an opportunity to review the environmental documents.
Motion to To continue to a definite date of November 14, 2012. Moved by J.R. Roberts, seconded by Lyn Calerdine.
Vote to To continue to a definite date of November 14, 2012. (Approved)
A recess was taken at 3:42 pm.
The meeting resumed at 3:52 pm.
3C. Case 12-003 Pre App - A Pre-Application by Pacifica Colony Palms LLC., for a proposed five-story, 48-room hotel with accessory pools, restaurants, retail, parking, and landscaping on a roughly 1.27 acre parcel at 750 North Palm Canyon Way; Zone C-1 / R-3. (Project Planner: Ken Lyon, Associate Planner)
Commissioner Munger recused herself on Item 3C and left the Council Chamber at 3:52 pm.
Ken Lyon, Associate Planner, provided background information as outlined in the staff report dated October 24, 2012.
Vice-Chair Hudson opened the public hearing:
-Hugh Gaspar, applicant, stated that this is the third pre-application that's been submitted for this project and provided an overview on the modifications to the proposed development.
-Sara Frith, expressed concern with the proposed high-rise hotel relating to the mass, density and does not fit the context of the neighborhood. -Felipe Castaneda, owner of Los Arboles Hotel, commented on his compliance with City standards for the development his hotel.
-Nickie McLaughlin, spoke in behalf of the Palm Springs Modern Committee, commented that the project fails to conform to design guidelines in the Historic District.
-Frank Tysen, spoke about the AAC's concerns that have not been addressed and the developer should be required to comply with the standards.
-Michele Johnson, expressed concern with the proposed hotel blocking the entire view.
-Hugh Gaspar, applicant response, addressed the layout and architectural elements of the proposed development.
There being no further appearances the public hearing was closed.
Commissioner Calerdine made the following comments:
1. This development is located in the Uptown District and is not a part of the Downtown District.
2. Questioned the actual height of the proposed hotel and suggested story-poles on site.
3. Concerned with the frontage on Indian Canyon Drive.
4. View simulations and a parking study would be helpful.
5. An environmental analysis under the guidelines of CEQA.
Commissioner Roberts expressed concern with the size, scale and conformance to the regulations.
Commissioner Weremiuk made the following comments:
1. The scale of the building leaves no room for open-space.
2. The Indian and Palm Canyon facades are not in character with the surrounding buildings.
3. Underground parking should be considered.
2. Encourage more pedestrian traffic.
Vice Chair Hudson made the following comments:
1. Scale and excessive height of the project.
2. The large size of the hotel rooms.
3. Inadequate parking.
4. More specificity about the plans and uses - restaurant, retail or spa component.
5. The Indian Canyon elevation and parking at street level off of a major street.
6. Bulky elements of the project coming out to the curb.
7. Historical elements not incorporated into project i.e. solar control.
8. True analysis of massing and architectural quality. Suggested more design integration into the neighborhood.
Vice Chair Hudson thanked the Commissioners and the public for their comments.
PLANNING COMMISSION COMMENTS:
Commissioner Munger re-entered the Council Chamber at 4:34 pm.
Commissioner Roberts re-emphasized the need for a study session to discuss critera for time extension requests and to come up with a better process for the applicants.
Commissioner Weremuik requested better graphics be included in the staff reports. Commissioner Munger commented that it should be the applicant's responsibility to provide color exhibits.
PLANNING DIRECTOR'S REPORT:
Director Ewing provided an update on the temporary relocation of offices for Development Services building due to the the recent fire at City Hall. Mr. Ewing spoke about the APA Annual Conference held in Rancho Mirage and addressed the Commission's concerns with time extension requests.
ADJOURNMENT:
There being no further Planning Commission comments the meeting adjourned at will adjourn to 4:48 pm to Wednesday, November 14, 2012, at 1:30 pm. City Hall, Council Chamber, 3200 East Tahquitz Canyon Way.
Oct 24, 2012 Planning Commission
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CALL TO ORDER:
Vice Chair Hudson called the meeting to order at 1:30 pm.
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 4:00 p.m. on Thursday, October 18, 2012.
ACCEPTANCE OF THE AGENDA:
Commissioner Munger noted her abstention on Item 3C.
Vice Chair Hudson noted his abstention on Item 3A due to business related conflict of interest.
The agenda was accepted, as amended.
PUBLIC COMMENTS:
Vice Chair Hudson opened public comments:
-Kathleen Adams, president, the Canyons Homeowners Association, spoke in reference to Item 2A, Case 5.1255 CUP, commented in opposition of the location, bright lights, noise and trash to the neighborhood.
-Jessica Norte, spoke in reference to Item 3A, commented in opposition of the tennis court lighting.
-Randy Lowe, chairman, The Center Food Bank, spoke in reference to Item 2A, Case 5.1255 CUP, commented on the changes made to the operation of the facility and on the Center's strategic plans to relocate in the future.
-Frank Tysen, chairman, Historic Tennis Club Neighborhood Organization (HTCNO), spoke in reference to Item 2A, Case 5.1255 CUP, noted that the location is not the appropriate place for this type of service.
-Michele Johnson, spoke in reference to Item 3C, Case 12-003 Pre App, commented in opposition of the blocked views for the proposed hotel.
-Sara Frith, spoke in reference to Item 3C, Case 12-003 Pre App, commented in opposition of the proposed hotel relating to the height, setbacks and historic integrity of the area.
There being no further appearances public comments was closed.
1. CONSENT CALENDAR:
Commissioner Weremiuk requested Item 1B pulled from the Consent Calendar for separate discussion.
Motion to To approve Items 1A and 1C, as part of the Consent Calendar. Moved by Lyn Calerdine, seconded by Leslie Munger.
Vote to To approve Items 1A and 1C, as part of the Consent Calendar. (Approved)
1A. Minutes of September 26, 2012.
To approve, as submitted.
1B. Case 5.1164 PD 343 Time Extension - A request by Crossley Partners, LLC., for a one-year time extension for a previously approved PD343 to construct a mixed-use development consisting of approximately 54, 000 square feet of commercial retail and office space on a roughly 3.8-acre site located at the northeast corner of Crossley Road and East Sunny Dunes Road, Zone W-M-1/PDD 343, Section 7. (Project Planner: Edward Robertson, Principal Planner)
Commissioner Weremiuk expressed concern with continual time extensions on this project and requested more detailed information be provided.
Principal Planner Robertson responded that the Zoning Code does not impose a limit on the number of time extensions and no specific findings are required.
Commissioner Calerdine commented that numerous projects have not moved forward because of the economic environment and does not agree that this project needs to be sent back through the entire review process.
Commissioner Roberts noted that the uses may have changed from the original approval and suggested a study session be held to discuss criteria for time extension requests.
Commissioner Munger agreed with setting up criteria for time extensions and explained that residential vacancies are much easier to fill than commercial and industrial spaces.
-Michael Braun, Wessman Development, (responded to the Commission) commented that the developer must spend a large amount of money to receive entitlements for a commercial development and then in order to be financially feasible they must secure 50% of building tenants. Mr. Braun stated that the vacancy rates are very high in this area.
Motion to To approve a one-year time extension from October 2, 2012 to October 1, 2013, subject to the attached revised Conditions of Approval Moved by Philip Klatchko, seconded by Kathy Weremiuk.
Vote to To approve a one-year time extension from October 2, 2012 to October 1, 2013, subject to the attached revised Conditions of Approval (Approved)
1C. Case 5.1250 General Plan Conformity Review - A request by Coachella Valley Water District (CVWD) for a finding of conformity with the Palm Springs General Plan on two proposed capital projects. (Project Planner: Ken Lyon, Associate Planner)
To approve, as submitted.
2. OTHER BUSINESS:
2A. Case 5.1255 CUP - A review of an existing Conditional Use Permit that authorizes "The Center" to operate a food bank and distribution facility within an office building located at 610 South Belardo Road, Zone PD-77, Section 22. (Project Planner: David A. Newell, Associate Planner)
David Newell, Associate Planner, provided background information as outlined in the memorandum.
The Commission discussed and/or commented on:
-The possibility of restricting parking on the west side of Belardo Road (for the Thursday evening distribution) and handicap on-site parking on the east side of Belardo.
-An update on the police incident calls dispatched to the Center.
-Randy Lowe, (responded to questions from the Commission) commented on the changes they have made to the operation of the facility and agreed to work on shielding the lighting to the Canyons.
Commissioner Munger suggested an update be brought back to the Commission in two months.
Motion to To bring back to the Commission for review in six (6) months and;
-To direct staff to investigate the lighting for conformance to the City's lighting ordinance;
-To direct the Engineering staff to review the parking limitations that can be imposed on Belardo Road and report back to the Commission. Moved by Kathy Weremiuk, seconded by J.R. Roberts.
Vote to To bring back to the Commission for review in six (6) months and;
-To direct staff to investigate the lighting for conformance to the City's lighting ordinance;
-To direct the Engineering staff to review the parking limitations that can be imposed on Belardo Road and report back to the Commission. (Approved)
3. PUBLIC HEARINGS:
3A. Case 5.1285 CUP - An application by Donald Skeoch for the installation of tennis court lighting on a lot associated with the construction of a new 6,283-square foot single family residence within the Estancias Development at 3181 Las Brisas Way, Zone R-1-B, Section 35. (Project Planner: Glenn Mlaker, AICP, Assistant Planner)
Vice Chair Hudson noted his abstention on Item 3A and left the Council Chamber at 2:27 pm.
Commissioner Roberts assumed position of Chairman.
Glenn Mlaker, Assistant Planner, provided background information as outlined in the staff report dated October 24, 2012.
Commissioner Roberts opened the public hearing:
-Brian Diebolt, project designer (representing the owner), stated that he was not aware of any opposition to the project and the owner received a letter of approval for this project from the homeowners association. Mr. Diebolt responded to questions from the Commission.
-Jessica Norte, (a resident of Estancias) stated that she attended the HOA meeting and there were members who opposed the proposal.
There being no further appearance the public hearing was closed.
Commissioner Weremiuk expressed concern with the tennis court lighting.
Commissioner Calerdine suggested imposing a time limit on the tennis court lighting.
Commissioner Munger spoke in opposition of the tennis court lighting and noise especially during the evening hours. She also commented that overgrown trees may become obtrusive to the neighbors.
Commissioner Munger expressed concern with the tennis court lighting and noise especially during the evening hours. She also commented that the overgrown trees may become obtrusive to the neighbors.
Motion to To approve Case 3.3594 SFR, subject to the Conditions of Approval. Moved by Kathy Weremiuk, seconded by Leslie Munger.
Vote to To approve Case 3.3594 SFR, subject to the Conditions of Approval. (Approved)
Motion to To direct staff to bring back a resolution of denial Case 5.1285 CUP. Moved by Leslie Munger, seconded by Kathy Weremiuk.
Vote to To direct staff to bring back a resolution of denial Case 5.1285 CUP. (Approved)
Director Ewing reported that the appeal period will begin on the date the resolution of denial is approved by the Planning Commission.
Vice Chair Hudson re-entered the Council Chamber at 2:59 pm.
3B. Case 5.1277 CUP - An application by Whitewater Solar Farm 1, LLC., for a Conditional Use Permit and a request for 7,75 acres of "Take" under the guidelines of the Coachella Valley Multiple Species Conservation Plan, to develop a 3 Megawatt solar energy production facility on roughly 12 acres of a 108-acre parcel located at 58641 Tipton Road, Zone 0-5 (Open Space) and W (Watercourse). (Ken Lyon, Associate Planner)
Ken Lyon, Associate Planner, provided background information as outlined in the staff report dated October 24, 2012.
The Commission requested clarification on the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP) concept of "Take" (that allows limited development in areas designated of Conservation Areas). Mr. Lyon explained the allocated acreage of Take for each jurisdiction.
Commissioner Weremuik stated that she did not have an opportunity to see the environmental report and would not be voting today. She suggested the item be continued to the next meeting.
Commissioner Calerdine requested a continuance because he did not have an opportunity to review the environmental documents.
Motion to To continue to a definite date of November 14, 2012. Moved by J.R. Roberts, seconded by Lyn Calerdine.
Vote to To continue to a definite date of November 14, 2012. (Approved)
A recess was taken at 3:42 pm.
The meeting resumed at 3:52 pm.
3C. Case 12-003 Pre App - A Pre-Application by Pacifica Colony Palms LLC., for a proposed five-story, 48-room hotel with accessory pools, restaurants, retail, parking, and landscaping on a roughly 1.27 acre parcel at 750 North Palm Canyon Way; Zone C-1 / R-3. (Project Planner: Ken Lyon, Associate Planner)
Commissioner Munger recused herself on Item 3C and left the Council Chamber at 3:52 pm.
Ken Lyon, Associate Planner, provided background information as outlined in the staff report dated October 24, 2012.
Vice-Chair Hudson opened the public hearing:
-Hugh Gaspar, applicant, stated that this is the third pre-application that's been submitted for this project and provided an overview on the modifications to the proposed development.
-Sara Frith, expressed concern with the proposed high-rise hotel relating to the mass, density and does not fit the context of the neighborhood. -Felipe Castaneda, owner of Los Arboles Hotel, commented on his compliance with City standards for the development his hotel.
-Nickie McLaughlin, spoke in behalf of the Palm Springs Modern Committee, commented that the project fails to conform to design guidelines in the Historic District.
-Frank Tysen, spoke about the AAC's concerns that have not been addressed and the developer should be required to comply with the standards.
-Michele Johnson, expressed concern with the proposed hotel blocking the entire view.
-Hugh Gaspar, applicant response, addressed the layout and architectural elements of the proposed development.
There being no further appearances the public hearing was closed.
Commissioner Calerdine made the following comments:
1. This development is located in the Uptown District and is not a part of the Downtown District.
2. Questioned the actual height of the proposed hotel and suggested story-poles on site.
3. Concerned with the frontage on Indian Canyon Drive.
4. View simulations and a parking study would be helpful.
5. An environmental analysis under the guidelines of CEQA.
Commissioner Roberts expressed concern with the size, scale and conformance to the regulations.
Commissioner Weremiuk made the following comments:
1. The scale of the building leaves no room for open-space.
2. The Indian and Palm Canyon facades are not in character with the surrounding buildings.
3. Underground parking should be considered.
2. Encourage more pedestrian traffic.
Vice Chair Hudson made the following comments:
1. Scale and excessive height of the project.
2. The large size of the hotel rooms.
3. Inadequate parking.
4. More specificity about the plans and uses - restaurant, retail or spa component.
5. The Indian Canyon elevation and parking at street level off of a major street.
6. Bulky elements of the project coming out to the curb.
7. Historical elements not incorporated into project i.e. solar control.
8. True analysis of massing and architectural quality. Suggested more design integration into the neighborhood.
Vice Chair Hudson thanked the Commissioners and the public for their comments.
PLANNING COMMISSION COMMENTS:
Commissioner Munger re-entered the Council Chamber at 4:34 pm.
Commissioner Roberts re-emphasized the need for a study session to discuss critera for time extension requests and to come up with a better process for the applicants.
Commissioner Weremuik requested better graphics be included in the staff reports. Commissioner Munger commented that it should be the applicant's responsibility to provide color exhibits.
PLANNING DIRECTOR'S REPORT:
Director Ewing provided an update on the temporary relocation of offices for Development Services building due to the the recent fire at City Hall. Mr. Ewing spoke about the APA Annual Conference held in Rancho Mirage and addressed the Commission's concerns with time extension requests.
ADJOURNMENT:
There being no further Planning Commission comments the meeting adjourned at will adjourn to 4:48 pm to Wednesday, November 14, 2012, at 1:30 pm. City Hall, Council Chamber, 3200 East Tahquitz Canyon Way.
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