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 pm on Thursday, December 5, 2013.

ACCEPTANCE OF THE AGENDA:

Commissioner Weremiuk requested Item 1C pulled from the Consent Calendar for separate discussion.

Commissioner Calerdine requested Item 1B pulled from the Consent Calendar for separate discussion.

The agenda was accepted, as amended.

PUBLIC COMMENTS:

Chair Donenfeld opened the public comments portion of the meeting:

JOHN PINKNEY, spoke in reference to Item 1B, identifying himself as the adjacent northwest neighbor, he spoke about privacy issues and requested postponement of this item to be able to discuss their concerns with the architect.

CARLIE PINKNEY, spoke in reference to Item 1B, expressed concern with privacy issues and would like to meet with the architect to discuss possible measures.

There being no further comments public comments was closed.

1. CONSENT CALENDAR:

1A. APPROVAL OF MINUTES: OCTOBER 23, 2013 REGULAR MEETING, NOVEMBER 13, 2013 SPECIAL MEETING AND NOVEMBER 13, 2013 REGULAR MEETING.

Motion to approved Approve the minutes of October 23, 2013, November 13, 2013 Special Meeting and November 13, 2013. Moved by Commissioner Weremiuk, seconded by Commissioner Roberts.

Vote to approved Approve the minutes of October 23, 2013, November 13, 2013 Special Meeting and November 13, 2013. (Approved)

1B. THOMAS JAKWAY FOR A MAJOR ARCHITECTURAL APPLICATION TO CONSTRUCT A TWO-STORY, SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 5,683 SQUARE FEET IN SIZE (INCLUDING TWO-CAR GARAGE) ON A HILLSIDE LOT LOCATED AT 320 CAMINO ALTURAS, ZONE R-1-B (CASE 3.3683 MAJ / 7.1400 AMM). (DN)

Staff reported that the applicant was not able to attend today's meeting.

Motion to approved To table and direct staff to contact the applicant to meet with the neighbors to discuss the privacy issues. Moved by Commissioner Weremiuk, seconded by Commissioner Lowe.

Vote to approved To table and direct staff to contact the applicant to meet with the neighbors to discuss the privacy issues. (Approved)

1C. BURRTEC WASTE INDUSTRIES INC. FOR A ONE-YEAR TIME EXTENSION FOR THE CONSTRUCTION AND OPERATION OF A MUNICIPAL SOLID WASTE MATERIAL RECOVERY FACILITY (MRF) AND TRANSFER STATION LOCATED AT THE SOUTHWEST CORNER OF 19TH AVENUE AND MCLANE STREET, ZONE M-2 (CASE 5.0976 CUP). (GM)

Principal Planner provided background information as outlined in the staff report dated December 13, 2013.

GARY KOONTZ, facilities project manager, Burrtec Waste Industries, provided a full update regarding recycling materials and the collection and sorting systems for commercial and residential uses; he commented that this would be the last request for a time extension.

Commissioner Weremiuk commented on the important use and expressed her support of the time extension.

Motion to approved To approve as presented. Moved by Commissioner Lowe, seconded by Commissioner Calerdine.

Vote to approved To approve as presented. (Approved)

2. PUBLIC HEARINGS:

2A. BARISTO GROUP, LLC, FOR A REQUEST TO AMEND THE THIRD AND FINAL PHASE OF A PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT 288 AND A CONDOMINIUM MAP FOR THE DEVELOPMENT OF THE REMAINING 11 NEW HOMES WITHIN THE PARTIALLY BUILT DISTRICT LOCATED AT LUGO ROAD, ZONE PDD 288-A. (CASE 5.0977- PD288 AMND). (DN)

Motion to approved Table and re-notice the public hearing. Moved by Commissioner Roberts, seconded by Commissioner Weremiuk.

Vote to approved Table and re-notice the public hearing. (Approved)

2B. CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT REGARDING ESTABLISHING DEFINITIONS FOR HOME SOLAR USE AND INDUSTRIAL SOLAR FIELDS AND ALLOWABLE ZONES AND DESIGN STANDARDS (CASE 5.1304 ZTA). (MW)

Director Wheeler reported that this project would be brought back for the Commission's review once all issues have been addressed.

Motion to approved Table. Moved by Commissioner Lowe, seconded by Commissioner Roberts.

Vote to approved Table. (Approved)

2C. PALM SPRINGS, LLC, FOR AN AMENDMENT TO PLANNED DEVELOPMENT DISTRICT 324 AND VESTING TENTATIVE TRACT MAP 34190 FOR A 150-ROOM HOTEL AND ANCILLARY COMMERCIAL RETAIL DEVELOPMENT AT 414 NORTH PALM CANYON DRIVE; ZONE PDD 324, (CASE NO. 5.1091-PD324 / TTM 34190 AMND). (ER)

Principal Planner Robertson presented an overview of the proposed project as outlined in the staff report. He corrected an error on page 7 regarding parking where 212 spaces were listed and 226 is correct.

Chair Donenfeld opened the public hearing portion of the meeting:

LAWRENCE RAEL, president, Rael Development, introduced the architect who will be providing the presentation and all the consultants will be available to answer questions.

HAGY BELZBURG, project architect, presented a computer simulation of the proposed project relating to the reduction of density for the hotel creating small bungalows and allowing continuation of the retail fabric down the street. Mr. Belzburg addressed the height, setbacks, massing, rooms, swimming pools, courtyard connectivity and desert landscaping.

BOB HELBLING, commented that this project is even better and liked the idea of the modern bungalow concept; he spoke in favor of the project.

KIM WESTBROOK, commercial developer, spoke in favor of the proposed project and commended the applicant.

JOY MEREDITH, downtown business owner and president of MainStreet, commented that having this new project connecting downtown and uptown would be incredible.  She said that lots of changes have been made and spoke in support of the project.

FRANK TYSEN, said architecturally nice features, however, is concerned with the scale of the building and project should have an E.I.R. and more discussion on public benefit.  He questioned adding another 150 rooms to the city.

LAWRENCE RAEL, applicant, thanked all the speakers for their comments and was available to answer questions from the Commission.

There being no further appearances the public hearing portion was closed.

Commissioner Calerdine said the plans look really exciting and asked the architect to walk them through one of the plans from the lobby to the third or fourth floor hotel rooms next to Amado.

Commissioner Roberts thanked the applicant for a great new design. He asked about the design on level two and why consideration was not taken for retail opportunities on Indian Canyon. Mr. Belzburg addressed his concerns and explained the concept of the project.

Vice-Chair Hudson noted that the parking portion is split into two areas and questioned if the northern parking will be controlled or paid for parking. Mr. Rael responded that discussions have been on-going with the City in designing this parking and they were working on a negotiated agreement to make the north parking public and the south side will be valet parking. Vice-Chair Hudson asked if there will be access to the parking from Indian Canyon. Mr. Rael answered as it is currently designed no; but there may be something that might be able to be incorporated into the project.

Vice-Chair Hudson expressed concern that the bungalow village will not be visible from the street and commented on the lack of activity given to Indian Canyon. He feels the Indian Canyon elevation needs more attention to the pedestrian streetscape.

Commissioner Weremiuk reiterated concern about access from the retail parking on Palm Canyon. She expressed concerns with the lack of pedestrian streetscape on Indian Canyon and would like to see trees that provide shade and encourage walking.

Commissioner Klatchko concurred with the comments from the Commissioners and suggested perhaps lowering the plateau about five on the northend to give better visibility of the hotel rooms from the street. He has the same concerns with the north parking and pedestrian access. It would be helpful for more access points for parking.

Chair Donenfeld commented that it is unfair to expect the developer to make Indian Canyon more viable; that is the City's responsibility.

Lawrence Rael appreciated the Commissions comments and agrees with the comments made regarding the corner on Indian Canyon; but the project is still a work in progress and they will be back with an even better project.

Motion to approved Find that the previously adopted mitigated negative declaration is sufficient and appropriate environmental document and approve the amended project and the Final PD to return to the Commission with the following considerations:

1. The Indian Canyon side to be reconsidered to allow more pedestrian circulation.
2. Activate the Alejo / Indian corner.
3. Utilize extra space on the 2nd floor over the garage to give more connectivity to the 3rd level hotel rooms from
     the street view.
4.  Pedestrian access to be created from the ground level parking garage on the north onto Palm Canyon.
5. Replace some of the northern ground floor parking to allow for commercial space on Indian Canyon and/or Alejo
     Road.
6. Parking structure to be shielded from the street.  Moved by Commissioner Roberts, seconded by Commissioner Lowe.

Vote to approved Find that the previously adopted mitigated negative declaration is sufficient and appropriate environmental document and approve the amended project and the Final PD to return to the Commission with the following considerations:

1. The Indian Canyon side to be reconsidered to allow more pedestrian circulation.
2. Activate the Alejo / Indian corner.
3. Utilize extra space on the 2nd floor over the garage to give more connectivity to the 3rd level hotel rooms from
     the street view.
4.  Pedestrian access to be created from the ground level parking garage on the north onto Palm Canyon.
5. Replace some of the northern ground floor parking to allow for commercial space on Indian Canyon and/or Alejo
     Road.
6. Parking structure to be shielded from the street. (Approved)

A recess was taken at 3:23 pm.

The meeting reconvened at 3:35 pm.

2D. CITY OF PALM SPRINGS APPLICATION FOR AN UPDATE TO ITS HOUSING ELEMENT OF THE 2007 GENERAL PLAN ADDRESSING THE HOUSING NEEDS OF ALL ECONOMIC SEGMENTS OF THE COMMUNITY (CASE 5.1294-GPA). (ER)

Chair Donenfeld opened the public hearing portion of the meeting:

JUDY DEERTRACK, submitted 2 documents and spoke about a general plan amendment that was adopted that changed the density limitations for land use classifications and how it has impacted the Housing Element and will compromise the city's ability to provide low income housing.

There being no further appearances the public hearing was closed.

Commissioner Klatchko noted that the last speaker raised an issue that had concerned him in the past and asked staff to comment on the elimination of minimum density requirements for residential land use. Ms. Criste responded that she is not familiar with the general plan amendment, however, it is typical for most cities to establish very board ranges for all of their residential land uses.

Motion to approved Adopt the negative declaration (ND) and the attached draft resolution and recommend approval to the City Council. Moved by Commissioner Klatchko, seconded by Commissioner Weremiuk.

Vote to approved Adopt the negative declaration (ND) and the attached draft resolution and recommend approval to the City Council. (Approved)

Commissioner Roberts asked if the affordable housing is being satisfied through PDD's. Director Wheeler responded that the PDD allows flexibility for development standards.

Commissioner Weremiuk commented that affordable housing costs more money to build and the real problem is the lack of funds available.

2E. CITY OF PALM SPRINGS PROPOSAL TO AMEND THE PALM SPRINGS ZONING CODE (PSZC) TO ADD DEFINITIONS AND TO AMEND ALL COMMERCIAL ZONING CLASSIFICATIONS REGARDING CHURCHES AND ALL OTHER PLACES OF ASSEMBLY AS REQUIRING CONDITIONAL USE PERMITS OR ALLOWED BY-RIGHT AND ALLOW THE INITIATION OF CODE AMENDMENTS BY THE PLANNING DIRECTOR (CASE 5.1306 ZTA). (MW)

Director Wheeler provided background information as outlined in the staff report dated December 11, 2013. She reported that the Planning Commission has been asked by the City Council to consider if zones where churches and other places of assembly are requested to be allowed by-right or whether all of these uses might better be required to go through an LUP or CUP process.

Chair Donenfeld opened the public hearing portion of the meeting:

JUDY DEERTRACK, expressed concern with the land use permit process and would like to see a level of review that discusses any commercial project as it relates to its surroundings for neighborhood compatibility.

REV. KEVIN JOHNSON, said the staff report is moving in the right direction, however, it still puts limits on religious uses and it does not put them on similiar uses such as theater and fraternal clubs. He commented that if religious institutions by-right is not allowed in the downtown area, a CUP or a LUP would be acceptable.

REV. WILLIAM GODWIN, read an article regarding religious institutions that can be a part of the downtown area; it's important to give tourists a place to worship to make it a better community.

REV. HANK BATES, commented that churches are all very different and churches are protected by the State and can be anywhere by-right.

There being no further appearances the public hearing was closed.

Commissioner Roberts discussed using a LUP versus a CUP; noting that it seems like all places of assembly (not only churches) have an impact on the surrounding neighborhood. The CUP is a good filter to give nearby residents the opportunity to come and tell the Commission why they like the use or not.

Chair Donenfeld concurred with Commissioner Roberts but has a concern with religious institutions in the CBD and is not certain if it is federally mandated to allow religious institutions in the CBD zone.

Commissioner Calerdine commented that he is uncomfortable moving these types of uses and feels that requiring CUP's for churches would make it a democratic process for all.

Director Wheeler indicated that if the Commission felt comfortable wiht religious institutions in the CBD with a CUP then the other assembly uses permitted by-right could also be required to be with CUP.

Motion to approved Adopt the attached draft resolution recommending approval of the subject Zone Text Amendment with studios, libraries, convention centers, move theaters, museums, health clubs and religious institutions all requiring Conditional Use Permits in the CBD and other zone changes, as presented to the City Council. Moved by Commissioner Weremiuk, seconded by Vice Chair Hudson.

Vote to approved Adopt the attached draft resolution recommending approval of the subject Zone Text Amendment with studios, libraries, convention centers, move theaters, museums, health clubs and religious institutions all requiring Conditional Use Permits in the CBD and other zone changes, as presented to the City Council. (Approved)

2F. CITY OF PALM SPRINGS PROPOSAL TO AMEND THE PALM SPRINGS ZONING CODE (PSZC), SECTION 93.21.00 OUTDOOR LIGHTING STANDARDS, TO ALLOW NEWER TECHNOLOGY FIXTURE TYPES, SUCH AS LED (LIGHT-EMITTING DIODE) LIGHTING, AND CONSIDER MODIFICATIONS TO STANDARD REQUIREMENTS. (CASE 5.1308 ZTA). (DN)

Director Wheeler provided a recap of the proposed zone text amendment.

Chair Donenfeld opened the public hearing and with no appearances coming forward the public hearing was closed.

Motion to approved Adopt the attached draft resolution recommending approval of the subject Zone Text Amendment to the City Council. Moved by Commissioner Weremiuk, seconded by Vice Chair Hudson.

Vote to approved Adopt the attached draft resolution recommending approval of the subject Zone Text Amendment to the City Council. (Approved)

2G. CITY OF PALM SPRINGS PROPOSAL TO AMEND THE PALM SPRINGS ZONING CODE (PSZC) TO ALLOW CLASS 1 HISTORIC STRUCTURES TO BE OCCUPIED WITH NEW USES NOT PROVIDING ADDITIONAL PARKING. (CASE 5.1309 ZTA). (MW)

Director Wheeler presented the proposed project as outlined in the staff report.

Chair Donenfeld opened the public hearing portion of the meeting:

DAVID CHRISTIAN, commented that he thinks this zone text amendment is brilliant and it would be very significant to many of his clients who own historic properties.

There being no further appearances the public hearing was closed.

Commissioner Calerdine noted that this may cause parking problems in the long-run but would still vote in favor of it.

Motion to approved Adopt the attached draft resolution recommending approval of the subject Zone Text Amendment to the City Council. Moved by Commissioner Roberts, seconded by Commissioner Lowe.

Vote to approved Adopt the attached draft resolution recommending approval of the subject Zone Text Amendment to the City Council. (Approved)

Dec 11, 2013 Planning Commission

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CALL TO ORDER:

Chair Donenfeld called the meeting to order at 1:33 pm.

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 pm on Thursday, December 5, 2013.

ACCEPTANCE OF THE AGENDA:

PUBLIC COMMENTS:

1. CONSENT CALENDAR:

1A. APPROVAL OF MINUTES: OCTOBER 23, 2013 REGULAR MEETING, NOVEMBER 13, 2013 SPECIAL MEETING AND NOVEMBER 13, 2013 REGULAR MEETING.

Motion to approved Approve the minutes of October 23, 2013, November 13, 2013 Special Meeting and November 13, 2013. Moved by Commissioner Weremiuk, seconded by Commissioner Roberts.

Vote to approved Approve the minutes of October 23, 2013, November 13, 2013 Special Meeting and November 13, 2013. (Approved)

1B. THOMAS JAKWAY FOR A MAJOR ARCHITECTURAL APPLICATION TO CONSTRUCT A TWO-STORY, SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 5,683 SQUARE FEET IN SIZE (INCLUDING TWO-CAR GARAGE) ON A HILLSIDE LOT LOCATED AT 320 CAMINO ALTURAS, ZONE R-1-B (CASE 3.3683 MAJ / 7.1400 AMM). (DN)

Staff reported that the applicant was not able to attend today's meeting.

Motion to approved To table and direct staff to contact the applicant to meet with the neighbors to discuss the privacy issues. Moved by Commissioner Weremiuk, seconded by Commissioner Lowe.

Vote to approved To table and direct staff to contact the applicant to meet with the neighbors to discuss the privacy issues. (Approved)

1C. BURRTEC WASTE INDUSTRIES INC. FOR A ONE-YEAR TIME EXTENSION FOR THE CONSTRUCTION AND OPERATION OF A MUNICIPAL SOLID WASTE MATERIAL RECOVERY FACILITY (MRF) AND TRANSFER STATION LOCATED AT THE SOUTHWEST CORNER OF 19TH AVENUE AND MCLANE STREET, ZONE M-2 (CASE 5.0976 CUP). (GM)

Principal Planner provided background information as outlined in the staff report dated December 13, 2013.

Commissioner Weremiuk commented on the important use and expressed her support of the time extension.

Motion to approved To approve as presented. Moved by Commissioner Lowe, seconded by Commissioner Calerdine.

Vote to approved To approve as presented. (Approved)

2. PUBLIC HEARINGS:

2A. BARISTO GROUP, LLC, FOR A REQUEST TO AMEND THE THIRD AND FINAL PHASE OF A PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT 288 AND A CONDOMINIUM MAP FOR THE DEVELOPMENT OF THE REMAINING 11 NEW HOMES WITHIN THE PARTIALLY BUILT DISTRICT LOCATED AT LUGO ROAD, ZONE PDD 288-A. (CASE 5.0977- PD288 AMND). (DN)

Motion to approved Table and re-notice the public hearing. Moved by Commissioner Roberts, seconded by Commissioner Weremiuk.

Vote to approved Table and re-notice the public hearing. (Approved)

2B. CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT REGARDING ESTABLISHING DEFINITIONS FOR HOME SOLAR USE AND INDUSTRIAL SOLAR FIELDS AND ALLOWABLE ZONES AND DESIGN STANDARDS (CASE 5.1304 ZTA). (MW)

Director Wheeler reported that this project would be brought back for the Commission's review once all issues have been addressed.

Motion to approved Table. Moved by Commissioner Lowe, seconded by Commissioner Roberts.

Vote to approved Table. (Approved)

2C. PALM SPRINGS, LLC, FOR AN AMENDMENT TO PLANNED DEVELOPMENT DISTRICT 324 AND VESTING TENTATIVE TRACT MAP 34190 FOR A 150-ROOM HOTEL AND ANCILLARY COMMERCIAL RETAIL DEVELOPMENT AT 414 NORTH PALM CANYON DRIVE; ZONE PDD 324, (CASE NO. 5.1091-PD324 / TTM 34190 AMND). (ER)

Commissioner Calerdine said the plans look really exciting and asked the architect to walk them through one of the plans from the lobby to the third or fourth floor hotel rooms next to Amado.

Chair Donenfeld commented that it is unfair to expect the developer to make Indian Canyon more viable; that is the City's responsibility.

A recess was taken at 3:23 pm.

The meeting reconvened at 3:35 pm.

2D. CITY OF PALM SPRINGS APPLICATION FOR AN UPDATE TO ITS HOUSING ELEMENT OF THE 2007 GENERAL PLAN ADDRESSING THE HOUSING NEEDS OF ALL ECONOMIC SEGMENTS OF THE COMMUNITY (CASE 5.1294-GPA). (ER)

Motion to approved Adopt the negative declaration (ND) and the attached draft resolution and recommend approval to the City Council. Moved by Commissioner Klatchko, seconded by Commissioner Weremiuk.

Vote to approved Adopt the negative declaration (ND) and the attached draft resolution and recommend approval to the City Council. (Approved)

Commissioner Roberts asked if the affordable housing is being satisfied through PDD's. Director Wheeler responded that the PDD allows flexibility for development standards.

Commissioner Weremiuk commented that affordable housing costs more money to build and the real problem is the lack of funds available.

2E. CITY OF PALM SPRINGS PROPOSAL TO AMEND THE PALM SPRINGS ZONING CODE (PSZC) TO ADD DEFINITIONS AND TO AMEND ALL COMMERCIAL ZONING CLASSIFICATIONS REGARDING CHURCHES AND ALL OTHER PLACES OF ASSEMBLY AS REQUIRING CONDITIONAL USE PERMITS OR ALLOWED BY-RIGHT AND ALLOW THE INITIATION OF CODE AMENDMENTS BY THE PLANNING DIRECTOR (CASE 5.1306 ZTA). (MW)

Commissioner Calerdine commented that he is uncomfortable moving these types of uses and feels that requiring CUP's for churches would make it a democratic process for all.

2F. CITY OF PALM SPRINGS PROPOSAL TO AMEND THE PALM SPRINGS ZONING CODE (PSZC), SECTION 93.21.00 OUTDOOR LIGHTING STANDARDS, TO ALLOW NEWER TECHNOLOGY FIXTURE TYPES, SUCH AS LED (LIGHT-EMITTING DIODE) LIGHTING, AND CONSIDER MODIFICATIONS TO STANDARD REQUIREMENTS. (CASE 5.1308 ZTA). (DN)

Director Wheeler provided a recap of the proposed zone text amendment.

Chair Donenfeld opened the public hearing and with no appearances coming forward the public hearing was closed.

Motion to approved Adopt the attached draft resolution recommending approval of the subject Zone Text Amendment to the City Council. Moved by Commissioner Weremiuk, seconded by Vice Chair Hudson.

Vote to approved Adopt the attached draft resolution recommending approval of the subject Zone Text Amendment to the City Council. (Approved)

2G. CITY OF PALM SPRINGS PROPOSAL TO AMEND THE PALM SPRINGS ZONING CODE (PSZC) TO ALLOW CLASS 1 HISTORIC STRUCTURES TO BE OCCUPIED WITH NEW USES NOT PROVIDING ADDITIONAL PARKING. (CASE 5.1309 ZTA). (MW)

Director Wheeler presented the proposed project as outlined in the staff report.

Commissioner Calerdine noted that this may cause parking problems in the long-run but would still vote in favor of it.

Motion to approved Adopt the attached draft resolution recommending approval of the subject Zone Text Amendment to the City Council. Moved by Commissioner Roberts, seconded by Commissioner Lowe.

Vote to approved Adopt the attached draft resolution recommending approval of the subject Zone Text Amendment to the City Council. (Approved)

PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS:

Commissioner Calerdine asked about the status of updating the Zoning Code to make it consistent with the General Plan.

PLANNING DIRECTOR'S REPORT:

Director Wheeler provided an update on the project off of the I-10 with the wastewater issues. She said it is moving forward to make the project economically feasible.

Director Wheeler provided an update on the status of the Kimpton Hotel project.

ADJOURNMENT:

There being no further comments the Planning Commission adjourned 5:04 pm to Wednesday, January 8, 2014, at 1:30 pm, City Hall, Council Chamber, 3200 East Tahquitz Canyon Way.

Dec 11, 2013 Planning Commission

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