Video index
CALL TO ORDER:
Chair Hudson called the meeting to order at 1:37 pm.
ROLL CALL:
Roll Call: 7 members present, 0 members absent, 0 members excused.
STAFF PRESENT: Planning Director Fagg, AICP, Assistant Planner Mlaker, AICP, Associate Planner Lyon, Associate Planner Newell, Principal Planner Robertson, Planning Coordinator Hintz and Engineering Associate Minjares
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 4, 2014.
Director Fagg reported in conversation with the City Attorney two items (Case Nos. 3.3771 and 3.3772) that were not on the agenda will not be heard.
ACCEPTANCE OF THE AGENDA:
Chair Hudson stated his recusal from Item 3C, Case 3.3789 MAJ and 7.1444 AMM due to a property related conflict of interest.
Commissioners Lowe and Middleton noted their recusal on Item 3B, Case 14-007 SP, due to a property related conflict of interest.
The agenda was unanimously accepted. as amended.
PUBLIC COMMENTS:
Chair Hudson opened the public comments portion of the meeting and with no appearances coming forward public comments was closed.
1. CONSENT CALENDAR:
1A. APPROVAL OF MINUTES: NOVEMBER 12, 2014 STUDY SESSION AND REGULAR MINUTES, NOVEMBER 19, 2014 SPECIAL MEETING MINUTES AND REGULAR MINUTES
Motion to approved Approve the Planning Commission Minutes, as presented. Moved by Commissioner Weremiuk, seconded by Commissioner Middleton.
Vote to approved Approve the Planning Commission Minutes, as presented. (Approved)
2. PUBLIC HEARINGS:
2A. CONT'D - RHSMAX T41, LLC, OWNER FOR A MAJOR ARCHITECTURE APPLICATION AND RE-ADOPTION OF A PREVIOUSLY APPROVED MITIGATED NEGATIVE DECLARATION FOR THE CONSTRUCTION OF A 41-UNIT CONDOMINIUM COMPLEX KNOWN AS VIBRANTE, LOCATED AT 6500 34TH AVENUE, ZONE R-G-A(6), SECTION 30. (CASE 3.3745 MAJ). (GM)
Assistant Planner Mlaker presented the proposed project and outlined the changes made to the project.
Chair Hudson opened the public hearing:
RICK SCOTT, CORMAN LEIGH, applicant, was impressed with the neighborhood's comments and interest in the project. Mr. Scott provided an overview of the changes made to the project and requested approval.
TRAE DANIEL, resides on Marguerite St., thanked the applicant for the tremendous work done in eliminating the gates and changes made to the project. He requested landscaping be done on the strip of land on the south side of 34th Avenue.
RICK PURNEL, resides on Marguerite St., thanked the applicant for all the changes made to the project.
RANDY SCOTT, spoke in favor of the project.
There being no further appearances the public hearing was closed.
Commissioner Roberts thanked the neighborhood for their comments and the developer for the changes incorporated into the project. They have created an attractive project that feels like a new neighborhood and not just a development.
Commissioner Lowe commented that this is a great example of how communities, the developer and the city can work together in creating something positive; it's a much better project.
Commissioner Middleton commented that as a neighborhood person this is incredibly gratifying and process has worked.
Commissioner Calerdine concurred with the Commission comments. He suggested the City conduct a study on the possibility of narrowing 34th Avenue and noted that 34th Avenue as a project name seems out of place and suggested the name Vibrante.
Commissioner Weremiuk said she appreciates the changes made to the project; especially the alignment with Marguerite Street resulting in a cohesive neighborhood. Ms. Weremiuk questioned if the City could assist the neighborhood and developer with the landscape and maintenance of the bare strip of land.
Rick Minjares, Engineering Associate, responded that the issues associated with this could be reviewed with the City Engineer.
Commissioner Lowe commented that the Commission is presented on a regular basis with request for gated communiti; this is a great example of not having gated developments and the positive impact on the neighborhood.
Chair Hudson concurred with the Commission comments. He suggested the bare strip of land to the south of 34th perhaps could be a candidate for Measure J funding for further rejuvenation of existing neighborhoods.
Motion to approved Approve as submitted. Moved by Commissioner Roberts, seconded by Commissioner Lowe.
Vote to approved Approve as submitted. (Approved)
2B. CONT'D - A REQUEST BY ERIC MCLAUGHLIN OF INTERVENTION 911 FOR APPROVAL OF A CONDITIONAL USE PERMIT (CUP) FOR A SUBSTANCE ABUSE RECOVERY CENTER / ASSISTED LIVING FACILITY USE AT THE ALEXANDER APARTMENTS, AN EXISTING FIVE-UNIT BUILDING LOCATED AT 1425 VIA SOLEDAD, ZONE R-2 (CASE 5.1282 CUP). (KL)
Associate Planner Lyon presented the request for a Conditional Use Permit as outlined in the staff report.
City Attorney Douglas Holland reported that the project description deals with a substance abuse recovery center for persons recovering from alcolholism, drug abuse and other addictions and these individuals have a right to be able to live in a residential setting to enhance their recovery. Mr. Holland recommended deletion of FID #5 noting that the Fire Marshall concurred subject to the installation of fire alarms in this project.
Mr. Holland reported that the density limits are predicated on the parking spaces and noted that the zoning code has a provision for a specific parking plan that a property owner can apply for. He suggested imposing a condition of approval to allow the applicant to apply for a specific parking plan to provide flexibility for greater density of 17 units.
Commissioner Middleton disclosed that she lives in this neighborhood; however, she does not reside within 500 feet of this facility. She questioned what procedures are in place to ensure the occupancy limit.
Douglas Holland responded that this would be done on a complaint basis by code enforcement.
Vice-Chair Klatchko asked for clarification on fire and smoke alarms as well as off-street parking.
Commissioner Roberts expressed concern with this project regardless of the use; noting that this business has been operating illegally without permits and there are safety issues relating to the lack of fire sprinklers. He does not want to set a precedence for the under-parking.
Director Fagg provided further details on the provision in the Zoning Code for a specific parking plan that may be submitted for developments which require a parking study.
Commissioner Weremiuk questioned the occupancy restrictions per bedroom; noting that the proposed 4 - 5 people per bedroom is over-crowded. Ms. Weremiuk requested confirmation from staff on the occupancy requirements per bedroom.
Chair Hudson opened the public hearing:
KATHY HERRIDINE, resides in the neighborhood, expressed concern with littering (cigarette butts) and people loitering in the area.
There being no further appearances the public heairng was closed.
Commissioner Lowe expressed concern that the applicant was not present to provide testimony.
Commissioner Middleton shared Commissioner Lowe's concerns; she had a number of questions pertaining to operation of the facility with no permits and the lack of property maintenance.
Commissioner Calerdine noted that although he seconded the motion it is with great reluctance because of the on-going litigation.
Commissioner Weremiuk made the following findings for not approving a specific parking plan:
Complaints have been received from neighbors and adjacent hotelier on illegal parking in their parking lots by patients/guests of the applicant.
Trespass/parking/loitering/littering is reported as ongoing - no evidence that the applicant is able to limit or control this problem.
Motion to approved Approve subject to Conditions of Approval as amended:
1. Delete Condition FID 5 - elimination of fire sprinklers conditional that Fire Marshal deliver in writing a letter to the Planning
Director to provide confirmation that fire suppression sprinklers are not necessary.
2. Provide staffing plan to show staff coverage 24/7.
3. Applicant to come back before the Planning Commission for review of compliance with the conditions of
approval on the CUP in 6 months, 12 months, and 24 months from the date of approval and response to
complaints from neighbors.
4. Limit patient count to 9.
5. No parking specific plan permitted for this use. Moved by Commissioner Weremiuk, seconded by Commissioner Calerdine.
Vote to approved Approve subject to Conditions of Approval as amended:
1. Delete Condition FID 5 - elimination of fire sprinklers conditional that Fire Marshal deliver in writing a letter to the Planning
Director to provide confirmation that fire suppression sprinklers are not necessary.
2. Provide staffing plan to show staff coverage 24/7.
3. Applicant to come back before the Planning Commission for review of compliance with the conditions of
approval on the CUP in 6 months, 12 months, and 24 months from the date of approval and response to
complaints from neighbors.
4. Limit patient count to 9.
5. No parking specific plan permitted for this use. (Approved)
2C. CONT'D - A REQUEST BY ERIC MCLAUGHLIN OF INTERVENTION 911 FOR APPROVAL OF A CONDITIONAL USE PERMIT (CUP) FOR A SUBSTANCE ABUSE RECOVERY CENTER / ASSISTED LIVING FACILITY USE AT THE PALM TEE HOTEL, AN EXISTING 16-UNIT BUILDING LOCATED AT 1590 EAST PALM CANYON DRIVE ZONE R-2 / R-3 / RESORT COMBINING ZONE (CASE 5.1283 CUP). (KL)
Associate Planner Lyon presented the proposed project as outlined in the staff report.
City Attorney Holland recommended deletion of condition FID 5 pertainng to fire sprinklers; the Fire Marshall concurs with this recommendation and no substitutue requirement is needed. Mr. Holland also recommended allowance be given to the applicant to apply for a specific parking plan.
Chair Hudson opened the public hearing and with no appearances coming forward the public hearing was closed.
Motion to approved Approve subject to Conditions of Approval as amended:
1. Delete Condition FID 5 - elimination of fire sprinklers conditional that Fire Marshal provide a letter in writing to the Planning
Director confirming that fire suppression sprinklers are not required.
2. No specific parking plan is allowed based on past behavior of parking on adjacent private property, loitering and littering.
3. Staffing Plan 24/7 to monitor behavior of the residents.
4. Applicant to come back before the Planning Commission for review of compliance with the conditions of approval on the CUP
in 6 months, 12 months, and 24 months from date of approval. Moved by Commissioner Weremiuk, seconded by Vice-Chair Klatchko.
Vote to approved Approve subject to Conditions of Approval as amended:
1. Delete Condition FID 5 - elimination of fire sprinklers conditional that Fire Marshal provide a letter in writing to the Planning
Director confirming that fire suppression sprinklers are not required.
2. No specific parking plan is allowed based on past behavior of parking on adjacent private property, loitering and littering.
3. Staffing Plan 24/7 to monitor behavior of the residents.
4. Applicant to come back before the Planning Commission for review of compliance with the conditions of approval on the CUP
in 6 months, 12 months, and 24 months from date of approval. (Approved)
A recess was taken at 2:53 pm.
The meeting resumed at 3:05 pm.
2D. WEST COAST HOUSING PARTNERS ON BEHALF OF THE PROPERTY OWNER, THE ERIC BRANDENBURG SEPARATE PROPERTY TRUST, FOR APPROVAL OF A PRELIMINARY AND FINAL PLANNED DEVELOPMENT DISTRICT IN LIEU OF A CHANGE OF ZONE, A MAJOR ARCHITECTURAL APPLICATION, AND A TENTATIVE TRACT MAP PROPOSING A DEVELOPMENT OF 46 SINGLE FAMILY DETACHED UNITS, COMMON PRIVATE STREETS AND OPEN SPACE ON A ROUGHLY 5.23 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF NORTH PALM CANYON DRIVE AND ALVARADO (CASE NOS. 5.1340 PDD 370, 3.3742 MAJ, TTM 36725). (KL)
Associate Planner Lyon provided an overview of the project as outlined in the staff report. He noted an error in the staff memorandum (paragraph 2) regarding the applicant will be providing photovoltaic panels; this is incorrect.
Chair Hudson opened the public hearing:
MARVIN ROOS, MSA Consulting, representing West Coast Housing, said the requested changes would make it economically unfeasible; the photovoltaic is too costly, as well. He noted that the AAC unanimously recommended approval of this project and requested consideration that action be taken today.
There being no further appearances coming forward the public hearing was closed.
Commissioner Weremiuk commented that she went out to look at the community and it's a vibrant, open streetscape without any elements of a gated development.
Commissioner Roberts noted his disappointment because the applicant has made no attempts to make changes to the project; however, he thinks the project has merit and there are easy fixes that can be done. He would like to give the applicant an opportunity to come back with some alternatives to the recommended changes. He does not want a gated community.
Motion to adopted To continue to allow the applicant an opportunity to come back with alternatives and plans to the conditions of approval. SECOND WAS WITHDRAWN. Moved by Commissioner Roberts, seconded by Commissioner Weremiuk.
COMMISSION DISCUSSION:
Commissioner Calerdine said he was the only one that voted in favor of this project; and does not think a vote to continue will work for the applicant.
Vice-Chair Klatchko said it's very clear the applicant is not going to make changes; and the appropriate procedure is an action of approval or denial. He prefers to restore the motion made by Commissioner Calerdine.
Commissioners Middleton and Lowe concurred with an action be taken today and not a continuance.
Commissioner Weremiuk withdrew her second to the motion. Due to a lack of second the motion failed.
Commissioner Calerdine spoke in support of an amendment to allow the 6 foot separation. Vice-Chair Klatchko concurred.
Commissioner Middleton thinks the most significant issue is the gates and so many options are available. She does not think the solar panels should be the public benefit.
Chair Hudson agreed with Commissioner Middleton but feels solar collectors need to be codified and not on a piece meal basis. He encouraged the applicant to take a much closer look at the Palm Canyon experience especially the casitas and accessory dwelling units. He would like to see more variety and interesting application of architectural elements along Palm Canyon.
Commissioner Weremiuk said she would like to see a stronger public benefit - such as sustainability or park space in the center.
Motion to approved Approve subject to conditions of approval as amended:
1. Remove all public and vehicular pedestrian gates.
2. Public benefit to include photovoltaic panels to cover 1/3 to 1/2 of the electrical needs of residents.
3. The architecture to return to the Planning Commission for review prior to the issuance of Building permits.
4. 10 foot side yard setbacks requirement between the buildings to remain.
5. Delete the condition to require color differentiated pavers to delineate the pedestrian/vehicular areas.
6. All other conditions as recommended by staff. Moved by Commissioner Roberts, seconded by Commissioner Weremiuk.
Vote to approved Approve subject to conditions of approval as amended:
1. Remove all public and vehicular pedestrian gates.
2. Public benefit to include photovoltaic panels to cover 1/3 to 1/2 of the electrical needs of residents.
3. The architecture to return to the Planning Commission for review prior to the issuance of Building permits.
4. 10 foot side yard setbacks requirement between the buildings to remain.
5. Delete the condition to require color differentiated pavers to delineate the pedestrian/vehicular areas.
6. All other conditions as recommended by staff. (Approved)
Commissioner Weremiuk stated that the basis for their action is to remove the gates is:
1. The General Plan;
2. Letters from the neighbors asking the development not be gated;
3. Testimony from neighbors asking for no gates at the first hearing; and no other gated communities in the neighborhood and does not
want to set a precedence.
4. Concern with the narrow streets and number of units; and it feels very repetitive from house to house.
5. The 6 foot building separation that will create shade and canyons for the two-story buildings.
2E. VIVA LAS PALOMAS, LLC ON BEHALF OF 450 PALM CANYON DRIVE LLC FOR A CONDITIONAL USE PERMIT TO ALLOW A NIGHTCLUB AND COCKTAIL LOUNGE OF APPROXIMATELY 5,069-SQUARE FEET IN SIZE WITHIN AN EXISTING MULTI-TENANT BUILDING AT 450 SOUTH PALM CANYON DRIVE, ZONED CBD (CASE 5.1357 CUP). (DN)
Associate Planner Newell presented the proposed conditional use permit as outlined in the staff report.
Chair Hudson opened the public hearing:
GUY BURROWS, APPLICANT, said he agrees with the conditions and provided details on his plans to open a nightclub. He requested approval of the CUP.
There being no further appearances the public hearing was closed.
Motion to approved To approve, subject to conditions. Moved by Commissioner Weremiuk, seconded by Commissioner Lowe.
Vote to approved To approve, subject to conditions. (Approved)
2F. NEW DIMENSION ENERGY COMPANY, LLC, REQUEST FOR A CONDITIONAL USE PERMIT TO INSTALL FOUR METEOROLOGICAL TOWERS IN SUPPORT OF AN EXISTING WIND ENERGY CONVERSION SYSTEMS (WECS) FACILITY LOCATED AT APPROXIMATELY 1.5 MILES WEST OF INDIAN CANYON DRIVE, SOUTH OF INTERSTATE 10; AND APPROXIMATELY 2000 FEET SOUTH OF GARNET AVENUE; ZONE W (CASE 5.1355 CUP). (ER)
Principal Planner Robertson presented the proposed project as outlined in the staff report.
Chair Hudson opened the public hearing:
CHARLIE KARUSTIS, New Dimension Energy Company, thanked staff and said the meteorological towers will be up for about two years; will be used to get a better idea of the wind patterns.
There being no further appearances the public hearing was closed.
Motion to approved Approve subject to conditions. Moved by Commissioner Calerdine, seconded by Commissioner Roberts.
Vote to approved Approve subject to conditions. (Approved)
3. NEW BUSINESS:
3A. BRANDENBURG OASIS PLAZA, LLC REQUESTING AN AMENDMENT TO A SIGN PROGRAM FOR THE OASIS COMMERCIAL BUILDING, A CLASS 1 HISTORIC SITE LOCATED AT 101-121 SOUTH PALM CANYON DRIVE, ZONE CBD (CASE SP10-001 AMND). (KL)
Associate Planner Lyon provided an overview of the proposed amendment to the existing sign program.
Motion to approved Approve subject to conditions. Moved by Commissioner Roberts, seconded by Commissioner Middleton.
Vote to approved Approve subject to conditions. (Approved)
3B. HR PROPERTY GROUP FOR A SIGN PROGRAM AT THE SUN CENTER SHOPPING CENTER LOCATED AT 611 SOUTH PALM CANYON DRIVE, ZONE C-1 (CASE 14-007 SP). (GM)
Commissioners Lowe and Middleton left the Council Chamber at 3:55 pm.
Director Fagg and Assistant Planner Mlaker provided an overview of the proposed sign program.
Motion to approved Approve subject to conditions. Moved by Commissioner Weremiuk, seconded by Commissioner Roberts.
Vote to approved Approve subject to conditions. (Approved)
Commissioners Lowe and Middleton re-entered the Council Chamber at 4:00 pm.
3C. DENNIS YARES AND MOLLY BLESSEY OWNERS, REQUESTING MAJOR ARCHITECTURAL APPLICATION FOR THE CONSTRUCTION OF A 3,131-SQUARE FOOT HOUSE ON A HILLSIDE LOT AND AN ADMINISTRATIVE MINOR MODIFICATION FOR A FRONT YARD SETBACK REDUCTION LOCATED AT 2323 SOUTHRIDGE DRIVE, ZONE R-1-A (CASE NOS. 3.3789 MAJ AND 7.1444 AMM). (GM)
Chair Hudson recused himself on this item and left the Council Chamber at 4:00 pm.
Assistant Planner Mlaker presented the proposed project as outlined in the staff report.
Commissioner Lowe questioned if there is a requirement to install story poles. Staff responded that there is no requirement.
Vice-Chair Klatchko noted the significance of views in this area and said he would generally be inclinded to do story poles.
LANCE O'DONNELL, O2 Architecture, provided details pertaining to the views, height, carport, pad height, slope, mitigation of erosion and sensitivity to heights.
DENNIS YARES, applicant, commented that they've made every effort to be complaint with Southridge and have taken neighbors into consideration; integrated minimal (one-story house) with mid-century style.
SUSAN SECOY-JENSEN, resides across the street, said they are in support of the project; however, requested a home of this magnitude be staked for further evaluation of the height.
DAN JENSEN, resides across the street, said their biggest concern are the views; and requested installation of story-poles to help visualize the impact the views. Appreciates their neighbors and thinks overall the project is beautiful.
KURT BOCHNER, M.D., adjacent neighbor, requested Engineering condition #9 is imposed pertaining to the soil study; wants assurance no damage is done to his residence. He requested plantings to shield the view of his swimming pool.
LANCE O'DONNELL, responded to the public testimony, said the bedrock is underlain with 18" to 4' of dirt; and will work with Engineering staff to meet all measures for debris mitigation and slope stability.
Commissioner Roberts felt comfortable with a certified engineer performing a soil report and the debris fence is a good idea. He looked at the site and the thinks the house is respectful of the site with its low height.
Motion to approved Approve subject to conditions. Moved by Commissioner Roberts, seconded by Commissioner Lowe.
Vote to approved Approve subject to conditions. (Approved)
Chair Hudson re-entered the Council Chamber at 4:47 pm.
PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS:
Chair Hudson requested clarification on how determination is made on a public hearing item versus a new item.
Commissioner Weremiuk said she would not be in attendance for the first meeting in January.
PLANNING DIRECTOR'S REPORT:
Director Fagg reminded the PDD subcommittee (Calerdine, Roberts and Weremiuk) of an upcoming meeting and noted that meeting will be held on December 24th.
ADJOURNMENT:
The Planning Commission adjourned at 5:00 pm to 1:30 pm, Wednesday, January 14, 2015, City Hall, Council Chamber, 3200 East Tahquitz Canyon Way.
Dec 10, 2014 Planning Commission
Full agenda
Share this video
Video Index
Full agenda
Share
CALL TO ORDER:
Chair Hudson called the meeting to order at 1:37 pm.
ROLL CALL:
Roll Call: 7 members present, 0 members absent, 0 members excused.
STAFF PRESENT: Planning Director Fagg, AICP, Assistant Planner Mlaker, AICP, Associate Planner Lyon, Associate Planner Newell, Principal Planner Robertson, Planning Coordinator Hintz and Engineering Associate Minjares
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 4, 2014.
Director Fagg reported in conversation with the City Attorney two items (Case Nos. 3.3771 and 3.3772) that were not on the agenda will not be heard.
ACCEPTANCE OF THE AGENDA:
Chair Hudson stated his recusal from Item 3C, Case 3.3789 MAJ and 7.1444 AMM due to a property related conflict of interest.
Commissioners Lowe and Middleton noted their recusal on Item 3B, Case 14-007 SP, due to a property related conflict of interest.
The agenda was unanimously accepted. as amended.
PUBLIC COMMENTS:
Chair Hudson opened the public comments portion of the meeting and with no appearances coming forward public comments was closed.
1. CONSENT CALENDAR:
1A. APPROVAL OF MINUTES: NOVEMBER 12, 2014 STUDY SESSION AND REGULAR MINUTES, NOVEMBER 19, 2014 SPECIAL MEETING MINUTES AND REGULAR MINUTES
Motion to approved Approve the Planning Commission Minutes, as presented. Moved by Commissioner Weremiuk, seconded by Commissioner Middleton.
Vote to approved Approve the Planning Commission Minutes, as presented. (Approved)
2. PUBLIC HEARINGS:
2A. CONT'D - RHSMAX T41, LLC, OWNER FOR A MAJOR ARCHITECTURE APPLICATION AND RE-ADOPTION OF A PREVIOUSLY APPROVED MITIGATED NEGATIVE DECLARATION FOR THE CONSTRUCTION OF A 41-UNIT CONDOMINIUM COMPLEX KNOWN AS VIBRANTE, LOCATED AT 6500 34TH AVENUE, ZONE R-G-A(6), SECTION 30. (CASE 3.3745 MAJ). (GM)
Assistant Planner Mlaker presented the proposed project and outlined the changes made to the project.
Chair Hudson opened the public hearing:
RICK SCOTT, CORMAN LEIGH, applicant, was impressed with the neighborhood's comments and interest in the project. Mr. Scott provided an overview of the changes made to the project and requested approval.
TRAE DANIEL, resides on Marguerite St., thanked the applicant for the tremendous work done in eliminating the gates and changes made to the project. He requested landscaping be done on the strip of land on the south side of 34th Avenue.
RICK PURNEL, resides on Marguerite St., thanked the applicant for all the changes made to the project.
RANDY SCOTT, spoke in favor of the project.
There being no further appearances the public hearing was closed.
Commissioner Roberts thanked the neighborhood for their comments and the developer for the changes incorporated into the project. They have created an attractive project that feels like a new neighborhood and not just a development.
Commissioner Lowe commented that this is a great example of how communities, the developer and the city can work together in creating something positive; it's a much better project.
Commissioner Middleton commented that as a neighborhood person this is incredibly gratifying and process has worked.
Commissioner Calerdine concurred with the Commission comments. He suggested the City conduct a study on the possibility of narrowing 34th Avenue and noted that 34th Avenue as a project name seems out of place and suggested the name Vibrante.
Commissioner Weremiuk said she appreciates the changes made to the project; especially the alignment with Marguerite Street resulting in a cohesive neighborhood. Ms. Weremiuk questioned if the City could assist the neighborhood and developer with the landscape and maintenance of the bare strip of land.
Rick Minjares, Engineering Associate, responded that the issues associated with this could be reviewed with the City Engineer.
Commissioner Lowe commented that the Commission is presented on a regular basis with request for gated communiti; this is a great example of not having gated developments and the positive impact on the neighborhood.
Chair Hudson concurred with the Commission comments. He suggested the bare strip of land to the south of 34th perhaps could be a candidate for Measure J funding for further rejuvenation of existing neighborhoods.
Motion to approved Approve as submitted. Moved by Commissioner Roberts, seconded by Commissioner Lowe.
Vote to approved Approve as submitted. (Approved)
2B. CONT'D - A REQUEST BY ERIC MCLAUGHLIN OF INTERVENTION 911 FOR APPROVAL OF A CONDITIONAL USE PERMIT (CUP) FOR A SUBSTANCE ABUSE RECOVERY CENTER / ASSISTED LIVING FACILITY USE AT THE ALEXANDER APARTMENTS, AN EXISTING FIVE-UNIT BUILDING LOCATED AT 1425 VIA SOLEDAD, ZONE R-2 (CASE 5.1282 CUP). (KL)
Associate Planner Lyon presented the request for a Conditional Use Permit as outlined in the staff report.
City Attorney Douglas Holland reported that the project description deals with a substance abuse recovery center for persons recovering from alcolholism, drug abuse and other addictions and these individuals have a right to be able to live in a residential setting to enhance their recovery. Mr. Holland recommended deletion of FID #5 noting that the Fire Marshall concurred subject to the installation of fire alarms in this project.
Mr. Holland reported that the density limits are predicated on the parking spaces and noted that the zoning code has a provision for a specific parking plan that a property owner can apply for. He suggested imposing a condition of approval to allow the applicant to apply for a specific parking plan to provide flexibility for greater density of 17 units.
Commissioner Middleton disclosed that she lives in this neighborhood; however, she does not reside within 500 feet of this facility. She questioned what procedures are in place to ensure the occupancy limit.
Douglas Holland responded that this would be done on a complaint basis by code enforcement.
Vice-Chair Klatchko asked for clarification on fire and smoke alarms as well as off-street parking.
Commissioner Roberts expressed concern with this project regardless of the use; noting that this business has been operating illegally without permits and there are safety issues relating to the lack of fire sprinklers. He does not want to set a precedence for the under-parking.
Director Fagg provided further details on the provision in the Zoning Code for a specific parking plan that may be submitted for developments which require a parking study.
Commissioner Weremiuk questioned the occupancy restrictions per bedroom; noting that the proposed 4 - 5 people per bedroom is over-crowded. Ms. Weremiuk requested confirmation from staff on the occupancy requirements per bedroom.
Chair Hudson opened the public hearing:
KATHY HERRIDINE, resides in the neighborhood, expressed concern with littering (cigarette butts) and people loitering in the area.
There being no further appearances the public heairng was closed.
Commissioner Lowe expressed concern that the applicant was not present to provide testimony.
Commissioner Middleton shared Commissioner Lowe's concerns; she had a number of questions pertaining to operation of the facility with no permits and the lack of property maintenance.
Commissioner Calerdine noted that although he seconded the motion it is with great reluctance because of the on-going litigation.
Commissioner Weremiuk made the following findings for not approving a specific parking plan:
Complaints have been received from neighbors and adjacent hotelier on illegal parking in their parking lots by patients/guests of the applicant.
Trespass/parking/loitering/littering is reported as ongoing - no evidence that the applicant is able to limit or control this problem.
Motion to approved Approve subject to Conditions of Approval as amended:
1. Delete Condition FID 5 - elimination of fire sprinklers conditional that Fire Marshal deliver in writing a letter to the Planning
Director to provide confirmation that fire suppression sprinklers are not necessary.
2. Provide staffing plan to show staff coverage 24/7.
3. Applicant to come back before the Planning Commission for review of compliance with the conditions of
approval on the CUP in 6 months, 12 months, and 24 months from the date of approval and response to
complaints from neighbors.
4. Limit patient count to 9.
5. No parking specific plan permitted for this use. Moved by Commissioner Weremiuk, seconded by Commissioner Calerdine.
Vote to approved Approve subject to Conditions of Approval as amended:
1. Delete Condition FID 5 - elimination of fire sprinklers conditional that Fire Marshal deliver in writing a letter to the Planning
Director to provide confirmation that fire suppression sprinklers are not necessary.
2. Provide staffing plan to show staff coverage 24/7.
3. Applicant to come back before the Planning Commission for review of compliance with the conditions of
approval on the CUP in 6 months, 12 months, and 24 months from the date of approval and response to
complaints from neighbors.
4. Limit patient count to 9.
5. No parking specific plan permitted for this use. (Approved)
2C. CONT'D - A REQUEST BY ERIC MCLAUGHLIN OF INTERVENTION 911 FOR APPROVAL OF A CONDITIONAL USE PERMIT (CUP) FOR A SUBSTANCE ABUSE RECOVERY CENTER / ASSISTED LIVING FACILITY USE AT THE PALM TEE HOTEL, AN EXISTING 16-UNIT BUILDING LOCATED AT 1590 EAST PALM CANYON DRIVE ZONE R-2 / R-3 / RESORT COMBINING ZONE (CASE 5.1283 CUP). (KL)
Associate Planner Lyon presented the proposed project as outlined in the staff report.
City Attorney Holland recommended deletion of condition FID 5 pertainng to fire sprinklers; the Fire Marshall concurs with this recommendation and no substitutue requirement is needed. Mr. Holland also recommended allowance be given to the applicant to apply for a specific parking plan.
Chair Hudson opened the public hearing and with no appearances coming forward the public hearing was closed.
Motion to approved Approve subject to Conditions of Approval as amended:
1. Delete Condition FID 5 - elimination of fire sprinklers conditional that Fire Marshal provide a letter in writing to the Planning
Director confirming that fire suppression sprinklers are not required.
2. No specific parking plan is allowed based on past behavior of parking on adjacent private property, loitering and littering.
3. Staffing Plan 24/7 to monitor behavior of the residents.
4. Applicant to come back before the Planning Commission for review of compliance with the conditions of approval on the CUP
in 6 months, 12 months, and 24 months from date of approval. Moved by Commissioner Weremiuk, seconded by Vice-Chair Klatchko.
Vote to approved Approve subject to Conditions of Approval as amended:
1. Delete Condition FID 5 - elimination of fire sprinklers conditional that Fire Marshal provide a letter in writing to the Planning
Director confirming that fire suppression sprinklers are not required.
2. No specific parking plan is allowed based on past behavior of parking on adjacent private property, loitering and littering.
3. Staffing Plan 24/7 to monitor behavior of the residents.
4. Applicant to come back before the Planning Commission for review of compliance with the conditions of approval on the CUP
in 6 months, 12 months, and 24 months from date of approval. (Approved)
A recess was taken at 2:53 pm.
The meeting resumed at 3:05 pm.
2D. WEST COAST HOUSING PARTNERS ON BEHALF OF THE PROPERTY OWNER, THE ERIC BRANDENBURG SEPARATE PROPERTY TRUST, FOR APPROVAL OF A PRELIMINARY AND FINAL PLANNED DEVELOPMENT DISTRICT IN LIEU OF A CHANGE OF ZONE, A MAJOR ARCHITECTURAL APPLICATION, AND A TENTATIVE TRACT MAP PROPOSING A DEVELOPMENT OF 46 SINGLE FAMILY DETACHED UNITS, COMMON PRIVATE STREETS AND OPEN SPACE ON A ROUGHLY 5.23 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF NORTH PALM CANYON DRIVE AND ALVARADO (CASE NOS. 5.1340 PDD 370, 3.3742 MAJ, TTM 36725). (KL)
Associate Planner Lyon provided an overview of the project as outlined in the staff report. He noted an error in the staff memorandum (paragraph 2) regarding the applicant will be providing photovoltaic panels; this is incorrect.
Chair Hudson opened the public hearing:
MARVIN ROOS, MSA Consulting, representing West Coast Housing, said the requested changes would make it economically unfeasible; the photovoltaic is too costly, as well. He noted that the AAC unanimously recommended approval of this project and requested consideration that action be taken today.
There being no further appearances coming forward the public hearing was closed.
Commissioner Weremiuk commented that she went out to look at the community and it's a vibrant, open streetscape without any elements of a gated development.
Commissioner Roberts noted his disappointment because the applicant has made no attempts to make changes to the project; however, he thinks the project has merit and there are easy fixes that can be done. He would like to give the applicant an opportunity to come back with some alternatives to the recommended changes. He does not want a gated community.
Motion to adopted To continue to allow the applicant an opportunity to come back with alternatives and plans to the conditions of approval. SECOND WAS WITHDRAWN. Moved by Commissioner Roberts, seconded by Commissioner Weremiuk.
COMMISSION DISCUSSION:
Commissioner Calerdine said he was the only one that voted in favor of this project; and does not think a vote to continue will work for the applicant.
Vice-Chair Klatchko said it's very clear the applicant is not going to make changes; and the appropriate procedure is an action of approval or denial. He prefers to restore the motion made by Commissioner Calerdine.
Commissioners Middleton and Lowe concurred with an action be taken today and not a continuance.
Commissioner Weremiuk withdrew her second to the motion. Due to a lack of second the motion failed.
Commissioner Calerdine spoke in support of an amendment to allow the 6 foot separation. Vice-Chair Klatchko concurred.
Commissioner Middleton thinks the most significant issue is the gates and so many options are available. She does not think the solar panels should be the public benefit.
Chair Hudson agreed with Commissioner Middleton but feels solar collectors need to be codified and not on a piece meal basis. He encouraged the applicant to take a much closer look at the Palm Canyon experience especially the casitas and accessory dwelling units. He would like to see more variety and interesting application of architectural elements along Palm Canyon.
Commissioner Weremiuk said she would like to see a stronger public benefit - such as sustainability or park space in the center.
Motion to approved Approve subject to conditions of approval as amended:
1. Remove all public and vehicular pedestrian gates.
2. Public benefit to include photovoltaic panels to cover 1/3 to 1/2 of the electrical needs of residents.
3. The architecture to return to the Planning Commission for review prior to the issuance of Building permits.
4. 10 foot side yard setbacks requirement between the buildings to remain.
5. Delete the condition to require color differentiated pavers to delineate the pedestrian/vehicular areas.
6. All other conditions as recommended by staff. Moved by Commissioner Roberts, seconded by Commissioner Weremiuk.
Vote to approved Approve subject to conditions of approval as amended:
1. Remove all public and vehicular pedestrian gates.
2. Public benefit to include photovoltaic panels to cover 1/3 to 1/2 of the electrical needs of residents.
3. The architecture to return to the Planning Commission for review prior to the issuance of Building permits.
4. 10 foot side yard setbacks requirement between the buildings to remain.
5. Delete the condition to require color differentiated pavers to delineate the pedestrian/vehicular areas.
6. All other conditions as recommended by staff. (Approved)
Commissioner Weremiuk stated that the basis for their action is to remove the gates is:
1. The General Plan;
2. Letters from the neighbors asking the development not be gated;
3. Testimony from neighbors asking for no gates at the first hearing; and no other gated communities in the neighborhood and does not
want to set a precedence.
4. Concern with the narrow streets and number of units; and it feels very repetitive from house to house.
5. The 6 foot building separation that will create shade and canyons for the two-story buildings.
2E. VIVA LAS PALOMAS, LLC ON BEHALF OF 450 PALM CANYON DRIVE LLC FOR A CONDITIONAL USE PERMIT TO ALLOW A NIGHTCLUB AND COCKTAIL LOUNGE OF APPROXIMATELY 5,069-SQUARE FEET IN SIZE WITHIN AN EXISTING MULTI-TENANT BUILDING AT 450 SOUTH PALM CANYON DRIVE, ZONED CBD (CASE 5.1357 CUP). (DN)
Associate Planner Newell presented the proposed conditional use permit as outlined in the staff report.
Chair Hudson opened the public hearing:
GUY BURROWS, APPLICANT, said he agrees with the conditions and provided details on his plans to open a nightclub. He requested approval of the CUP.
There being no further appearances the public hearing was closed.
Motion to approved To approve, subject to conditions. Moved by Commissioner Weremiuk, seconded by Commissioner Lowe.
Vote to approved To approve, subject to conditions. (Approved)
2F. NEW DIMENSION ENERGY COMPANY, LLC, REQUEST FOR A CONDITIONAL USE PERMIT TO INSTALL FOUR METEOROLOGICAL TOWERS IN SUPPORT OF AN EXISTING WIND ENERGY CONVERSION SYSTEMS (WECS) FACILITY LOCATED AT APPROXIMATELY 1.5 MILES WEST OF INDIAN CANYON DRIVE, SOUTH OF INTERSTATE 10; AND APPROXIMATELY 2000 FEET SOUTH OF GARNET AVENUE; ZONE W (CASE 5.1355 CUP). (ER)
Principal Planner Robertson presented the proposed project as outlined in the staff report.
Chair Hudson opened the public hearing:
CHARLIE KARUSTIS, New Dimension Energy Company, thanked staff and said the meteorological towers will be up for about two years; will be used to get a better idea of the wind patterns.
There being no further appearances the public hearing was closed.
Motion to approved Approve subject to conditions. Moved by Commissioner Calerdine, seconded by Commissioner Roberts.
Vote to approved Approve subject to conditions. (Approved)
3. NEW BUSINESS:
3A. BRANDENBURG OASIS PLAZA, LLC REQUESTING AN AMENDMENT TO A SIGN PROGRAM FOR THE OASIS COMMERCIAL BUILDING, A CLASS 1 HISTORIC SITE LOCATED AT 101-121 SOUTH PALM CANYON DRIVE, ZONE CBD (CASE SP10-001 AMND). (KL)
Associate Planner Lyon provided an overview of the proposed amendment to the existing sign program.
Motion to approved Approve subject to conditions. Moved by Commissioner Roberts, seconded by Commissioner Middleton.
Vote to approved Approve subject to conditions. (Approved)
3B. HR PROPERTY GROUP FOR A SIGN PROGRAM AT THE SUN CENTER SHOPPING CENTER LOCATED AT 611 SOUTH PALM CANYON DRIVE, ZONE C-1 (CASE 14-007 SP). (GM)
Commissioners Lowe and Middleton left the Council Chamber at 3:55 pm.
Director Fagg and Assistant Planner Mlaker provided an overview of the proposed sign program.
Motion to approved Approve subject to conditions. Moved by Commissioner Weremiuk, seconded by Commissioner Roberts.
Vote to approved Approve subject to conditions. (Approved)
Commissioners Lowe and Middleton re-entered the Council Chamber at 4:00 pm.
3C. DENNIS YARES AND MOLLY BLESSEY OWNERS, REQUESTING MAJOR ARCHITECTURAL APPLICATION FOR THE CONSTRUCTION OF A 3,131-SQUARE FOOT HOUSE ON A HILLSIDE LOT AND AN ADMINISTRATIVE MINOR MODIFICATION FOR A FRONT YARD SETBACK REDUCTION LOCATED AT 2323 SOUTHRIDGE DRIVE, ZONE R-1-A (CASE NOS. 3.3789 MAJ AND 7.1444 AMM). (GM)
Chair Hudson recused himself on this item and left the Council Chamber at 4:00 pm.
Assistant Planner Mlaker presented the proposed project as outlined in the staff report.
Commissioner Lowe questioned if there is a requirement to install story poles. Staff responded that there is no requirement.
Vice-Chair Klatchko noted the significance of views in this area and said he would generally be inclinded to do story poles.
LANCE O'DONNELL, O2 Architecture, provided details pertaining to the views, height, carport, pad height, slope, mitigation of erosion and sensitivity to heights.
DENNIS YARES, applicant, commented that they've made every effort to be complaint with Southridge and have taken neighbors into consideration; integrated minimal (one-story house) with mid-century style.
SUSAN SECOY-JENSEN, resides across the street, said they are in support of the project; however, requested a home of this magnitude be staked for further evaluation of the height.
DAN JENSEN, resides across the street, said their biggest concern are the views; and requested installation of story-poles to help visualize the impact the views. Appreciates their neighbors and thinks overall the project is beautiful.
KURT BOCHNER, M.D., adjacent neighbor, requested Engineering condition #9 is imposed pertaining to the soil study; wants assurance no damage is done to his residence. He requested plantings to shield the view of his swimming pool.
LANCE O'DONNELL, responded to the public testimony, said the bedrock is underlain with 18" to 4' of dirt; and will work with Engineering staff to meet all measures for debris mitigation and slope stability.
Commissioner Roberts felt comfortable with a certified engineer performing a soil report and the debris fence is a good idea. He looked at the site and the thinks the house is respectful of the site with its low height.
Motion to approved Approve subject to conditions. Moved by Commissioner Roberts, seconded by Commissioner Lowe.
Vote to approved Approve subject to conditions. (Approved)
Chair Hudson re-entered the Council Chamber at 4:47 pm.
PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS:
Chair Hudson requested clarification on how determination is made on a public hearing item versus a new item.
Commissioner Weremiuk said she would not be in attendance for the first meeting in January.
PLANNING DIRECTOR'S REPORT:
Director Fagg reminded the PDD subcommittee (Calerdine, Roberts and Weremiuk) of an upcoming meeting and noted that meeting will be held on December 24th.
ADJOURNMENT:
The Planning Commission adjourned at 5:00 pm to 1:30 pm, Wednesday, January 14, 2015, City Hall, Council Chamber, 3200 East Tahquitz Canyon Way.
Link
Start video at
Social
Embed
<iframe title="Swagit Video Player" width="640" height="360" src="https://palmspringsca.new.swagit.com/videos/15037/embed" frameborder="0" allowfullscreen></iframe>
Disable autoplay on embedded content?
Download
Download
Download Selected Item
