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CALL TO ORDER:

Chair Hudson called the meeting to order at 1:34 pm.

ROLL CALL:

Roll Call: 7 members present, 0 members absent, 0 members excused.

Staff Present: City Attorney Daudt, Planning Director Fagg, Planning Administrative Coordinator Hintz, Assistant Director of Public Works Khamphou, Associate Planner Lyon, Associate Planner Newell and Principal Planner Robertson

Commissioners Roberts and Weremiuk arrived at 1:35 pm.

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 6:00 pm on Thursday, April 2, 2015.

ACCEPTANCE OF THE AGENDA:

Chair Hudson reported that Items 1A and 1B would be moved to the end of the agenda.

Motion to approve Accept the agenda as amended. Moved by Commissioner Calerdine, seconded by Vice-Chair Klatchko.

Vote to approve Accept the agenda as amended. (Approved)

PUBLIC COMMENTS:

Chair Hudson opened the public comments portion of the meeting:

BRIAN DIEBOLT, designer (Item 2A), has comments and would like to discuss them.

MICHELLE MAHONEY, spoke in support of Item 3A (Tuscany Heights); likes the desert landscape, solar and style of architecture.

ERNEST GERKE, spoke in reference to Item 3A, expressed concern with the mountain views and privacy issues.

FRANK TYSEN, spoke in reference to Item 4A, expressed concern with the density and 40 swimming pools for this project.

There being no further speakers public comments was closed.

2. UNFINISHED BUSINESS:

2A. CONT'D - A MAJOR ARCHITECTURAL APPLICATION BY DENLAR LLC FOR A SINGLE-FAMILY RESIDENCE ON A HILLSIDE LOT LOCATED AT 2110 NORTH LEONARD, ZONE R-1-B (CASE 3.3817 MAJ). (KL)

Associate Planner Lyon provided an update on the continued hillside project as outlined in the staff report. Mr. Lyon reported that staff has concluded from the studies that the proposed home will not impact the adjacent neighbor's solar panels.

Technical Questions:

- Engineering Dept. recommending street improvements - installation of curbs, gutters and sidewalks;
- Drainage issues;
- Solar agreement between the two parties;
- Gaps in the sidewalks creating safety hazards;
- Deferment of street improvements.

DENNIS FREEMAN, developer, appreciates the Commission's support on the curb and gutters. He requested a deferral of the Via Escuela street improvements until the Boulders project goes in by covenant or assessment district; explaining that this is a huge financial burden.

The Commission commented and/or questioned the following:

-Costs of street improvement on Leonard Road;
-Connecting street and/or hammerhead - the Fire Department's condition (FID #6 condition);
-Process to create an assessment district or covenant.

Motion to approve Approve, subject to Conditions, as amended:

-The applicant shall not be required at this time to add curb and gutter improvements.
-The City would create the covenant necessary to create curb and gutters in the future.
-The hammerhead and street extension of Leonard Road to match the existing road (no curbs and gutters) to satisfy the Fire requirements. Moved by Commissioner Roberts, seconded by Commissioner Calerdine.

Vote to approve Approve, subject to Conditions, as amended:

-The applicant shall not be required at this time to add curb and gutter improvements.
-The City would create the covenant necessary to create curb and gutters in the future.
-The hammerhead and street extension of Leonard Road to match the existing road (no curbs and gutters) to satisfy the Fire requirements. (Approved)

3. NEW BUSINESS:

3A. FAR WEST INDUSTRIES FOR ARCHITECTURAL APPROVAL TO CONSTRUCT 12 SINGLE-FAMILY RESIDENCES ON HILLSIDE LOTS WITHIN AN EXISTING GATED 15-LOT SUBDIVISION (TRACT 28495) LOCATED ALONG TUSCANY HEIGHTS DRIVE, SOUTH OF WEST RACQUET CLUB ROAD, ZONE R-1-B (CASE NOS. 3.3803 MAJ - 3.3814 MAJ AND 7.1456 AMM - 7.1467 AMM). (DN)

Associate Planner Newell provided an overview of the proposed 12 single-family residences on hillside lots as outlined in the staff report.

Commissioner Weremiuk asked if construction would begin on the east side and the construction trucks would be lining up on Tuscany Drive.

Commissioner Middleton questioned if a public benefit is required for this type of project.

BRIAN BERKSTON, Far West Industries, project manager, said they have studied the market and addressed concerns about the phasing of the project. He indicated their timeframe is to be built within one year from the time building permits have been issued. He provided details on the grading, setbacks, height, roof decks and landscaping of the project.

GEORGE ALVAREZ, Far West Industries, land developer manager, addressed the height of adjacent homes, roof pitch and building elevations. He provided details on the existing wrought iron fence.

Commissioner Roberts commented that this is a good project and made the following comments:

-Preferred to see the rooftop decks on the east side removed for privacy;
-Landscaping will be needed on both sides of east side property fence;
-Concerned that the height of the houses will affect the views of the Palisades project coming; would like to see the rooflines much lower.

Chair Hudson noted that this would have been easier to analyze if site sections of the adjacent properties would have been provided especially with hillside neighborhoods. He agreed adding more landscaping; however, suggested keeping it simple.

Motion to approve Approve, subject to Conditions as amended:

-Roof decks shall be eliminated from the homes proposed on Lots 10, 12 and 15.
-Building heights shall be consistent with the plans included in the agenda packet of April 8, 2015.
-Homes shall be constructed with pre-wiring for rooftop solar collectors.
-The perimeter fence on the east side of the subdivision shall include landscaping (such as vines) to enhance privacy between proposed existing homes.
-All construction vehicle parking/staging shall occur on Tuscany Heights Drive. Moved by Commissioner Weremiuk, seconded by Commissioner Calerdine.

Vote to approve Approve, subject to Conditions as amended:

-Roof decks shall be eliminated from the homes proposed on Lots 10, 12 and 15.
-Building heights shall be consistent with the plans included in the agenda packet of April 8, 2015.
-Homes shall be constructed with pre-wiring for rooftop solar collectors.
-The perimeter fence on the east side of the subdivision shall include landscaping (such as vines) to enhance privacy between proposed existing homes.
-All construction vehicle parking/staging shall occur on Tuscany Heights Drive. (Approved)

3B. NATHAN AND GINA OTTO REQUESTING APPROVAL OF AN ART MURAL APPLICATION FOR AN EXISTING MURAL ON THE COMMERCIAL BUILDING AT 810 N. FARRELL DRIVE (CASE 15-001 MUR). (FF)

Director Fagg provided background information on the mural ordinance and presented an overview on the proposed art mural.

Commissioner Weremiuk questioned if there is a limit on the number of murals that are permitted. She concluded that this a logo and questioned using the sign variance process.

Vice-Chair Klatchko said he sees this as an advertisement (with the logo) and questioned the immediate approval because of the fact that it was painted prior to the mural ordinance.

Chair Hudson said that although he liked the colors and how it wraps around the building this is a sign.

The consensus of the Commission is that this is application should come back for review to the Commission as a sign variance and not a mural application.

Motion to approve Deny. Moved by Commissioner Weremiuk, seconded by Commissioner Roberts.

Vote to approve Deny. (Approved)

3C. FUNKEY BAR, INC. REQUESTING APPROVAL OF AN ART MURAL APPLICATION FOR AN EXISTING MURAL ON THE COMMERCIAL BUILDING AT 340 N. PALM CANYON (CASE 15-002 MUR). (FF)

Director Fagg provided background information on the proposed mural as noted in the staff report.

Commissioner Roberts noted that the mural is professionally executed and spoke in favor of the mural.

Commissioner Calerdine said he does not like where the mural is located but will support the Commission on this.

Motion to approve Approve, subject to Conditions. Moved by Commissioner Roberts, seconded by Commissioner Calerdine.

Vote to approve Approve, subject to Conditions. (Approved)

4. DISCUSSION ITEM:

4A. THE ALTUM GROUP REQUESTS A PRE-APPLICATION FOR A PLANNED 50-UNIT SINGLE-FAMILY RESIDENTIAL DEVELOPMENT ON APPROXIMATELY 6.3 ACRES OF VACANT LAND LOCATED AT THE WEST END OF MESQUITE DRIVE, ZONE R-3, SECTION 30 (CASE PA15-001). (ER)

Principal Planner Robertson presented the proposed pre-application project. Mr. Robertson noted that no action is required, only general comments on how the project could be improved: site plan layout, density and development standards.

The Commission commented and/or asked on the following:
-Is there is sufficient parking for utility vehicles and guest parking? There no driveway parking.
-Conceptual plans do not show how close the homes are to each other.
-Small lots - Consider reconfiguration to allow more open, common area.

MATT WERNER, RHS Max, property owner, spoke about their vision for this site and provided further details.

MICHAEL PERONI, The Altum Group, commented that the exhibits are conceptual to get feedback from the Commission. He said that this project has had a lot of challenges because it is nestled against the hillside. Mr. Peroni said they would like to get the Commission's input to achieve a design that physically works and has a minimal impact on the site.

Commissioner Roberts thanked the applicant for bringing this in as a pre-application and made the following comments:
-Likes the wood elements.
-Less density.
-More open green space is needed to allow people to walk their dogs.
-Attractive houses; however there is repetition of design and would like to see differentiation - such as lancscape to break it up.

Chair Hudson said he likes the 2-story scheme and made the following comments:
-Encouraged the applicant to come up with a 2nd model to get more variety and richness.
-Wider streets and no gates is good progress.
-Concern with guest parking and the 20 ft. driveways.
-Architecturally, it is a simple scheme.
-Suggested using the culdesac at the higher elevation as a communal space.

Commissioner Weremiuk made the following comments:
-Appreciates not having the development gated and maintained streetscape.
-Prefers to see 28' wide streets to accommodate utility or emergency vehicles.
-Lots are too small.
-10 ft. building separation is great and suggested a shared-use easement.
-Likes the front balconies.
-Would like to see a recreational amenity in the project.
-More model houses.

Commissioner Calerdine noted there is 23 acres of open space and questioned the how balance of property would be used. The applicant responded that the base of the mountain is a part of this project; however, it cannot be developed and will be a part of the natural landscape. Commissioner Calerdine was pleased to see that no gates were proposed and suggested integration of the hillside area as open-space for the project.

Commissioner Middleton said she resides in the adjacent neighborhood and is pleased to see increased development in this area. She made the following comments:
-Encouarged the applicant to reach out to the mobile home park neighborhood organization;
-Likes the street circulation and how it flows;
-Work on maximizing privacy from one home to the other;
-Provide more guest parking so it can be used by service vehicles;
-Shared easements are a way to create more distance between the homes;
-Pre-wire for solar;
-The developer may wish to consider vacation rentals could be restricted to 30 days or more in the initial HOA regulations.

MATT WERNER said they would address the issues and look forward to filing a formal application.

A recess was taken at 3:59 pm.

The meeting resumed at 4:09 pm.

1. PUBLIC HEARINGS:

1A. CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT TO AMEND PALM SPRINGS ZONING CODE (PSZC) SECTION 91 AND 93 TO CLARIFY AND ESTABLISH STANDARDS FOR SOLAR COLLECTORS AND SOLAR ENERGY SYSTEMS (CASE 5.1365 ZTA). (FF)

Director Fagg provided an overview of the proposed zone text amendment as outlined in the staff report.

Technical Questions:
-The W (Watercourse) zone and consistency with the MSHCP;
-Maximum height;
-Additional height for built-out house;
-Safety requirements for adjacent property;
-Special requirements for hillside homes.

Chair Hudson opened the public hearing:

DEAN MANGIONE, commented that he is experiencing glare from the adjacent property's solar panels; and recommended the Fire Department's guidelines be enforced.

There being no further speakers the public hearing was closed.

Commissioner Roberts expressed with approving existing properties that are at the maximum height. He suggested that a Variance be used for the additional height.

Director Fagg recommended a Land Use Permit; however this is a ministerial action.

Commissioner Middleton noted that some properties are not feasible for solar arrays and enouraged development in commercial areas.

Commissioner Weremiuk spoke in favor of encouraging solar and in order to avoid additional fees she suggested adding landguage "for director approval" if it extends above the maximum height.

Director Fagg recommended this item be continued so that it can return to the Sustainability Commission. Also to work on the following issues: glare, fine tune language on the encroachment, fire department regulations for sloping and flat roofs and maintenance of solar panels.

Motion to approve Table. Moved by Commissioner Weremiuk, seconded by Commissioner Calerdine.

Vote to approve Table. (Approved)

1B. CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT TO AMEND PALMS SPRINGS ZONING CODE (PSZC) REGARDING THE CULTIVATION OF MEDICAL CANNABIS AND DEVELOPMENT STANDARDS FOR MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES (CASE 51218-D ZTA). (FF)

Director Fagg provided an overview on the proposed zone text amendment regarding cultivation of medical cannabis and development standards for cooperatives.

Technical Questions:
-Restricting the use to the Industrial zone;
-Limiting the size of cultivation - operational standards (serves approved facilities only);
-Enclosed facilties rather than open air facilities to conserve the energy draw;
-Cultivation facilities separate from dispensaries.

Chair Hudson opened the public hearing:

DIANE BLASDELL, represents Organic Solutions of the Desert, explained that this issue has come up because the cannabis cooperatived are having difficulty supplying the needs of their clients.  Ms. Blasdell said the clients are looking for clarification if the cultivation must be located in this city.

ANDREW MILKS, Brown Dog Health and Wellness, president (permitted dispensary in DHS) spoke about adding more cooperatives and reducing or eliminating the distance requirement from residential zones.

ROBERT VAN ROS, Palm Spring Safe Access, president, spoke in favor of cultivation facilities.

JULIE MONTANTE, Palm Springs Organica, she would like to be considered as one of the 5th permittees and suggested all grows should be taxed.

JOY BROWN MEREDITH, spoke in support of the cultivation facilities and zoning expansion.

There being no further speakers the public hearing was closed.

Commissioner Calerdine made the following comments:
-Would the cultivation facility only serve their collective or another approved cooperative? How would this be enforced?
-Is a greenhouse considered a closed facility?
-Not in favor of expanding the sales facilities or including the CBD or neighborhood commercial zone.
-Prefers the Highway zone for the dispensaries.

Commissioner Lowe said he supports expanding the zoning in commercial areas near I-10 area or vacant commercial buildings. He is opposed to the downtown district or in residential areas.

Commissioner Weremiuk made the following comments:
-Agreed that the cultivation facilities sould be in separate areas from dispensaries;
-Preferred outdoor/greenhouse facilties because water and electrical use is less intensive;
-Taxing the grow;
-Questioned why limit to buying from this city only;
-Professional zone (medical establishments) and General or Highway Commercial;
-Uncertain about the distance separation between facilities (a district makes more sense).

Commissioner Middleton made the following comments:
-Prefers cultivation facilities in districts; in the business and retail zoning doe snot make sense;
-If a greenhouse is more efficient and can be secured - sees no reason to impose the additional burden and drain natural resources.

Commissioner Roberts made the following comments:
Cultivation facilities should be in allowed in districts or zones where it can be grown such as areas with plenty of space (industrial areas);
-Cultivation facilities are a target for crime - consider the standards (security and enforcement);
-No issues with integrating cooperatives into greater commercial districts.

Chair Hudson made the following comments:
-The separation requirements are quite burdensome - review best practices of other cities;
-Co-location;
-Add more restrictions and allow in central commercial districts.
-A square footage capacity should be added;
-Zoning should be allowed everywhere except in the CBD - sees these as pharmacies;
-Separation distance from residential needs to be much less;
-Security concerns for the cultivation facilties.

Vice-chair Klatchko made the following comments:
-Does not understand why the facilties need to be separate;
-Broaden the zones where the dispensaries are permitted by reviewing on a case-by-case basis with a Conditional Use Permit;
-Why does each facility need to grow their own and cannot acquire from another city?
-How would the city tax the sale?
-Does not agree with the comparison to liquor. This is for medical use not recreational use.

Motion to approve Continue to a date certain of April 22, 2015.

1. Compare zoning regulations for surrounding cities and other California cities.
2. Establish a subcommittee to review and make recommendations to the Commission. (Calerdine, Lowe and Middleton) Moved by Commissioner Weremiuk, seconded by Commissioner Calerdine.

Vote to approve Continue to a date certain of April 22, 2015.

1. Compare zoning regulations for surrounding cities and other California cities.
2. Establish a subcommittee to review and make recommendations to the Commission. (Calerdine, Lowe and Middleton) (Approved)

PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS:

Commissioner Calerdine requested a study session on the topic of incomplete streets in this city.

PLANNING DIRECTOR'S REPORT:

No comments.

ADJOURNMENT:

The Planning Commission adjourned at 5:32 pm to Wednesday, April 22, 2015, at 1:30 pm, City Hall, Council Chamber, 3200 East Tahquitz Canyon Way.

Apr 08, 2015 Planning Commission

Full agenda
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CALL TO ORDER:

Chair Hudson called the meeting to order at 1:34 pm.

ROLL CALL:

Roll Call: 7 members present, 0 members absent, 0 members excused.

Staff Present: City Attorney Daudt, Planning Director Fagg, Planning Administrative Coordinator Hintz, Assistant Director of Public Works Khamphou, Associate Planner Lyon, Associate Planner Newell and Principal Planner Robertson

Commissioners Roberts and Weremiuk arrived at 1:35 pm.

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 6:00 pm on Thursday, April 2, 2015.

ACCEPTANCE OF THE AGENDA:

Chair Hudson reported that Items 1A and 1B would be moved to the end of the agenda.

Motion to approve Accept the agenda as amended. Moved by Commissioner Calerdine, seconded by Vice-Chair Klatchko.

Vote to approve Accept the agenda as amended. (Approved)

PUBLIC COMMENTS:

Chair Hudson opened the public comments portion of the meeting:

BRIAN DIEBOLT, designer (Item 2A), has comments and would like to discuss them.

MICHELLE MAHONEY, spoke in support of Item 3A (Tuscany Heights); likes the desert landscape, solar and style of architecture.

ERNEST GERKE, spoke in reference to Item 3A, expressed concern with the mountain views and privacy issues.

FRANK TYSEN, spoke in reference to Item 4A, expressed concern with the density and 40 swimming pools for this project.

There being no further speakers public comments was closed.

2. UNFINISHED BUSINESS:

2A. CONT'D - A MAJOR ARCHITECTURAL APPLICATION BY DENLAR LLC FOR A SINGLE-FAMILY RESIDENCE ON A HILLSIDE LOT LOCATED AT 2110 NORTH LEONARD, ZONE R-1-B (CASE 3.3817 MAJ). (KL)

Associate Planner Lyon provided an update on the continued hillside project as outlined in the staff report. Mr. Lyon reported that staff has concluded from the studies that the proposed home will not impact the adjacent neighbor's solar panels.

Technical Questions:

- Engineering Dept. recommending street improvements - installation of curbs, gutters and sidewalks;
- Drainage issues;
- Solar agreement between the two parties;
- Gaps in the sidewalks creating safety hazards;
- Deferment of street improvements.

DENNIS FREEMAN, developer, appreciates the Commission's support on the curb and gutters. He requested a deferral of the Via Escuela street improvements until the Boulders project goes in by covenant or assessment district; explaining that this is a huge financial burden.

The Commission commented and/or questioned the following:

-Costs of street improvement on Leonard Road;
-Connecting street and/or hammerhead - the Fire Department's condition (FID #6 condition);
-Process to create an assessment district or covenant.

Motion to approve Approve, subject to Conditions, as amended:

-The applicant shall not be required at this time to add curb and gutter improvements.
-The City would create the covenant necessary to create curb and gutters in the future.
-The hammerhead and street extension of Leonard Road to match the existing road (no curbs and gutters) to satisfy the Fire requirements. Moved by Commissioner Roberts, seconded by Commissioner Calerdine.

Vote to approve Approve, subject to Conditions, as amended:

-The applicant shall not be required at this time to add curb and gutter improvements.
-The City would create the covenant necessary to create curb and gutters in the future.
-The hammerhead and street extension of Leonard Road to match the existing road (no curbs and gutters) to satisfy the Fire requirements. (Approved)

3. NEW BUSINESS:

3A. FAR WEST INDUSTRIES FOR ARCHITECTURAL APPROVAL TO CONSTRUCT 12 SINGLE-FAMILY RESIDENCES ON HILLSIDE LOTS WITHIN AN EXISTING GATED 15-LOT SUBDIVISION (TRACT 28495) LOCATED ALONG TUSCANY HEIGHTS DRIVE, SOUTH OF WEST RACQUET CLUB ROAD, ZONE R-1-B (CASE NOS. 3.3803 MAJ - 3.3814 MAJ AND 7.1456 AMM - 7.1467 AMM). (DN)

Associate Planner Newell provided an overview of the proposed 12 single-family residences on hillside lots as outlined in the staff report.

Commissioner Weremiuk asked if construction would begin on the east side and the construction trucks would be lining up on Tuscany Drive.

Commissioner Middleton questioned if a public benefit is required for this type of project.

BRIAN BERKSTON, Far West Industries, project manager, said they have studied the market and addressed concerns about the phasing of the project. He indicated their timeframe is to be built within one year from the time building permits have been issued. He provided details on the grading, setbacks, height, roof decks and landscaping of the project.

GEORGE ALVAREZ, Far West Industries, land developer manager, addressed the height of adjacent homes, roof pitch and building elevations. He provided details on the existing wrought iron fence.

Commissioner Roberts commented that this is a good project and made the following comments:

-Preferred to see the rooftop decks on the east side removed for privacy;
-Landscaping will be needed on both sides of east side property fence;
-Concerned that the height of the houses will affect the views of the Palisades project coming; would like to see the rooflines much lower.

Chair Hudson noted that this would have been easier to analyze if site sections of the adjacent properties would have been provided especially with hillside neighborhoods. He agreed adding more landscaping; however, suggested keeping it simple.

Motion to approve Approve, subject to Conditions as amended:

-Roof decks shall be eliminated from the homes proposed on Lots 10, 12 and 15.
-Building heights shall be consistent with the plans included in the agenda packet of April 8, 2015.
-Homes shall be constructed with pre-wiring for rooftop solar collectors.
-The perimeter fence on the east side of the subdivision shall include landscaping (such as vines) to enhance privacy between proposed existing homes.
-All construction vehicle parking/staging shall occur on Tuscany Heights Drive. Moved by Commissioner Weremiuk, seconded by Commissioner Calerdine.

Vote to approve Approve, subject to Conditions as amended:

-Roof decks shall be eliminated from the homes proposed on Lots 10, 12 and 15.
-Building heights shall be consistent with the plans included in the agenda packet of April 8, 2015.
-Homes shall be constructed with pre-wiring for rooftop solar collectors.
-The perimeter fence on the east side of the subdivision shall include landscaping (such as vines) to enhance privacy between proposed existing homes.
-All construction vehicle parking/staging shall occur on Tuscany Heights Drive. (Approved)

3B. NATHAN AND GINA OTTO REQUESTING APPROVAL OF AN ART MURAL APPLICATION FOR AN EXISTING MURAL ON THE COMMERCIAL BUILDING AT 810 N. FARRELL DRIVE (CASE 15-001 MUR). (FF)

Director Fagg provided background information on the mural ordinance and presented an overview on the proposed art mural.

Commissioner Weremiuk questioned if there is a limit on the number of murals that are permitted. She concluded that this a logo and questioned using the sign variance process.

Vice-Chair Klatchko said he sees this as an advertisement (with the logo) and questioned the immediate approval because of the fact that it was painted prior to the mural ordinance.

Chair Hudson said that although he liked the colors and how it wraps around the building this is a sign.

The consensus of the Commission is that this is application should come back for review to the Commission as a sign variance and not a mural application.

Motion to approve Deny. Moved by Commissioner Weremiuk, seconded by Commissioner Roberts.

Vote to approve Deny. (Approved)

3C. FUNKEY BAR, INC. REQUESTING APPROVAL OF AN ART MURAL APPLICATION FOR AN EXISTING MURAL ON THE COMMERCIAL BUILDING AT 340 N. PALM CANYON (CASE 15-002 MUR). (FF)

Director Fagg provided background information on the proposed mural as noted in the staff report.

Commissioner Roberts noted that the mural is professionally executed and spoke in favor of the mural.

Commissioner Calerdine said he does not like where the mural is located but will support the Commission on this.

Motion to approve Approve, subject to Conditions. Moved by Commissioner Roberts, seconded by Commissioner Calerdine.

Vote to approve Approve, subject to Conditions. (Approved)

4. DISCUSSION ITEM:

4A. THE ALTUM GROUP REQUESTS A PRE-APPLICATION FOR A PLANNED 50-UNIT SINGLE-FAMILY RESIDENTIAL DEVELOPMENT ON APPROXIMATELY 6.3 ACRES OF VACANT LAND LOCATED AT THE WEST END OF MESQUITE DRIVE, ZONE R-3, SECTION 30 (CASE PA15-001). (ER)

Principal Planner Robertson presented the proposed pre-application project. Mr. Robertson noted that no action is required, only general comments on how the project could be improved: site plan layout, density and development standards.

The Commission commented and/or asked on the following:
-Is there is sufficient parking for utility vehicles and guest parking? There no driveway parking.
-Conceptual plans do not show how close the homes are to each other.
-Small lots - Consider reconfiguration to allow more open, common area.

MATT WERNER, RHS Max, property owner, spoke about their vision for this site and provided further details.

MICHAEL PERONI, The Altum Group, commented that the exhibits are conceptual to get feedback from the Commission. He said that this project has had a lot of challenges because it is nestled against the hillside. Mr. Peroni said they would like to get the Commission's input to achieve a design that physically works and has a minimal impact on the site.

Commissioner Roberts thanked the applicant for bringing this in as a pre-application and made the following comments:
-Likes the wood elements.
-Less density.
-More open green space is needed to allow people to walk their dogs.
-Attractive houses; however there is repetition of design and would like to see differentiation - such as lancscape to break it up.

Chair Hudson said he likes the 2-story scheme and made the following comments:
-Encouraged the applicant to come up with a 2nd model to get more variety and richness.
-Wider streets and no gates is good progress.
-Concern with guest parking and the 20 ft. driveways.
-Architecturally, it is a simple scheme.
-Suggested using the culdesac at the higher elevation as a communal space.

Commissioner Weremiuk made the following comments:
-Appreciates not having the development gated and maintained streetscape.
-Prefers to see 28' wide streets to accommodate utility or emergency vehicles.
-Lots are too small.
-10 ft. building separation is great and suggested a shared-use easement.
-Likes the front balconies.
-Would like to see a recreational amenity in the project.
-More model houses.

Commissioner Calerdine noted there is 23 acres of open space and questioned the how balance of property would be used. The applicant responded that the base of the mountain is a part of this project; however, it cannot be developed and will be a part of the natural landscape. Commissioner Calerdine was pleased to see that no gates were proposed and suggested integration of the hillside area as open-space for the project.

Commissioner Middleton said she resides in the adjacent neighborhood and is pleased to see increased development in this area. She made the following comments:
-Encouarged the applicant to reach out to the mobile home park neighborhood organization;
-Likes the street circulation and how it flows;
-Work on maximizing privacy from one home to the other;
-Provide more guest parking so it can be used by service vehicles;
-Shared easements are a way to create more distance between the homes;
-Pre-wire for solar;
-The developer may wish to consider vacation rentals could be restricted to 30 days or more in the initial HOA regulations.

MATT WERNER said they would address the issues and look forward to filing a formal application.

A recess was taken at 3:59 pm.

The meeting resumed at 4:09 pm.

1. PUBLIC HEARINGS:

1A. CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT TO AMEND PALM SPRINGS ZONING CODE (PSZC) SECTION 91 AND 93 TO CLARIFY AND ESTABLISH STANDARDS FOR SOLAR COLLECTORS AND SOLAR ENERGY SYSTEMS (CASE 5.1365 ZTA). (FF)

Director Fagg provided an overview of the proposed zone text amendment as outlined in the staff report.

Technical Questions:
-The W (Watercourse) zone and consistency with the MSHCP;
-Maximum height;
-Additional height for built-out house;
-Safety requirements for adjacent property;
-Special requirements for hillside homes.

Chair Hudson opened the public hearing:

DEAN MANGIONE, commented that he is experiencing glare from the adjacent property's solar panels; and recommended the Fire Department's guidelines be enforced.

There being no further speakers the public hearing was closed.

Commissioner Roberts expressed with approving existing properties that are at the maximum height. He suggested that a Variance be used for the additional height.

Director Fagg recommended a Land Use Permit; however this is a ministerial action.

Commissioner Middleton noted that some properties are not feasible for solar arrays and enouraged development in commercial areas.

Commissioner Weremiuk spoke in favor of encouraging solar and in order to avoid additional fees she suggested adding landguage "for director approval" if it extends above the maximum height.

Director Fagg recommended this item be continued so that it can return to the Sustainability Commission. Also to work on the following issues: glare, fine tune language on the encroachment, fire department regulations for sloping and flat roofs and maintenance of solar panels.

Motion to approve Table. Moved by Commissioner Weremiuk, seconded by Commissioner Calerdine.

Vote to approve Table. (Approved)

1B. CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT TO AMEND PALMS SPRINGS ZONING CODE (PSZC) REGARDING THE CULTIVATION OF MEDICAL CANNABIS AND DEVELOPMENT STANDARDS FOR MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES (CASE 51218-D ZTA). (FF)

Director Fagg provided an overview on the proposed zone text amendment regarding cultivation of medical cannabis and development standards for cooperatives.

Technical Questions:
-Restricting the use to the Industrial zone;
-Limiting the size of cultivation - operational standards (serves approved facilities only);
-Enclosed facilties rather than open air facilities to conserve the energy draw;
-Cultivation facilities separate from dispensaries.

Chair Hudson opened the public hearing:

DIANE BLASDELL, represents Organic Solutions of the Desert, explained that this issue has come up because the cannabis cooperatived are having difficulty supplying the needs of their clients.  Ms. Blasdell said the clients are looking for clarification if the cultivation must be located in this city.

ANDREW MILKS, Brown Dog Health and Wellness, president (permitted dispensary in DHS) spoke about adding more cooperatives and reducing or eliminating the distance requirement from residential zones.

ROBERT VAN ROS, Palm Spring Safe Access, president, spoke in favor of cultivation facilities.

JULIE MONTANTE, Palm Springs Organica, she would like to be considered as one of the 5th permittees and suggested all grows should be taxed.

JOY BROWN MEREDITH, spoke in support of the cultivation facilities and zoning expansion.

There being no further speakers the public hearing was closed.

Commissioner Calerdine made the following comments:
-Would the cultivation facility only serve their collective or another approved cooperative? How would this be enforced?
-Is a greenhouse considered a closed facility?
-Not in favor of expanding the sales facilities or including the CBD or neighborhood commercial zone.
-Prefers the Highway zone for the dispensaries.

Commissioner Lowe said he supports expanding the zoning in commercial areas near I-10 area or vacant commercial buildings. He is opposed to the downtown district or in residential areas.

Commissioner Weremiuk made the following comments:
-Agreed that the cultivation facilities sould be in separate areas from dispensaries;
-Preferred outdoor/greenhouse facilties because water and electrical use is less intensive;
-Taxing the grow;
-Questioned why limit to buying from this city only;
-Professional zone (medical establishments) and General or Highway Commercial;
-Uncertain about the distance separation between facilities (a district makes more sense).

Commissioner Middleton made the following comments:
-Prefers cultivation facilities in districts; in the business and retail zoning doe snot make sense;
-If a greenhouse is more efficient and can be secured - sees no reason to impose the additional burden and drain natural resources.

Commissioner Roberts made the following comments:
Cultivation facilities should be in allowed in districts or zones where it can be grown such as areas with plenty of space (industrial areas);
-Cultivation facilities are a target for crime - consider the standards (security and enforcement);
-No issues with integrating cooperatives into greater commercial districts.

Chair Hudson made the following comments:
-The separation requirements are quite burdensome - review best practices of other cities;
-Co-location;
-Add more restrictions and allow in central commercial districts.
-A square footage capacity should be added;
-Zoning should be allowed everywhere except in the CBD - sees these as pharmacies;
-Separation distance from residential needs to be much less;
-Security concerns for the cultivation facilties.

Vice-chair Klatchko made the following comments:
-Does not understand why the facilties need to be separate;
-Broaden the zones where the dispensaries are permitted by reviewing on a case-by-case basis with a Conditional Use Permit;
-Why does each facility need to grow their own and cannot acquire from another city?
-How would the city tax the sale?
-Does not agree with the comparison to liquor. This is for medical use not recreational use.

Motion to approve Continue to a date certain of April 22, 2015.

1. Compare zoning regulations for surrounding cities and other California cities.
2. Establish a subcommittee to review and make recommendations to the Commission. (Calerdine, Lowe and Middleton) Moved by Commissioner Weremiuk, seconded by Commissioner Calerdine.

Vote to approve Continue to a date certain of April 22, 2015.

1. Compare zoning regulations for surrounding cities and other California cities.
2. Establish a subcommittee to review and make recommendations to the Commission. (Calerdine, Lowe and Middleton) (Approved)

PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS:

Commissioner Calerdine requested a study session on the topic of incomplete streets in this city.

PLANNING DIRECTOR'S REPORT:

No comments.

ADJOURNMENT:

The Planning Commission adjourned at 5:32 pm to Wednesday, April 22, 2015, at 1:30 pm, City Hall, Council Chamber, 3200 East Tahquitz Canyon Way.

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