Video index
CALL TO ORDER:
Chair Klatchko called the meeting to order at 1:30 pm.
ROLL CALL:
Roll Call: 6 members present, 1 members absent, 0 members excused.
REPORT OF POSTING OF AGENDA:
The agenda was posted 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, April 21, 2016.
ACCEPTANCE OF THE AGENDA:
The agenda was accepted as presented.
PUBLIC COMMENTS:
Chair Klatchko opened public comments:
ERIC TAYLOR, addressed the notes from Item 2C, for full completion of Phase I,
4A, that 50% was modifiied to the south portion not the orth, 5A, CV link, roads not trail.
There being no further appearances public comments was closed.
1. CONSENT CALENDAR:
1B. A REPORT ON AN APPROVED LAND USE PERMIT ISSUED TO MIGGY'S CANTINA, LLC FOR OUTDOOR ENTERTAINMENT / MUSICIANS AS AN ACCESSORY USE TO A RESTAURANT LOCATED AT 1555 SOUTH PALM CANYON DRIVE, ZONE PD-131 / I.L. (CASE LUP 13-067). (DN)
Motion to approve Approve Item 1B, as part of the Consent Calendar. Moved by Commissioner Donenfeld, seconded by Commissioner Weremiuk.
Vote to approve Approve Item 1B, as part of the Consent Calendar. (Approved)
1A. APPROVAL OF MINUTES: APRIL 13, 2016
Chair Klatchko requested the minutes of April 13, 2016 pulled for further discussion.
Commissioner Weremiuk requested changes to minutes on the conditions for Item 2B. Serena Park, as noted.
Motion to approve Approve minutes of April 13, 2016, as amended. Moved by Vice-Chair Calerdine, seconded by Commissioner Weremiuk.
Motion to approve Approval. Moved by Vice-Chair Calerdine, seconded by Commissioner Weremiuk.
Vote to approve Approval. (Approved)
Vote to approve Approve minutes of April 13, 2016, as amended. (Approved)
2. PUBLIC HEARING:
2A. SERENA PARK - PALM SPRINGS COUNTRY CLUB LLC, FOR A DEVELOPMENT AGREEMENT RELATED TO THE REDEVELOPMENT OF APPROXIMATELY 125-ACRE OF PREVIOUSLY DISTURBED VACANT LAND FOR 137 ATTACHED RESIDENCES, 292 DETACHED RESIDENCES, STREETS, PRIVATE OPEN SPACE AND PUBLIC PARK LOCATED NORTH OF VERONA ROAD, EAST OF FARRELL DRIVE, NORTH OF JOYCE DRIVE, EAST OF SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH, SECTION 36 / TOWNSHIP 3 / RANGE 4, AND SECTION 1 /TOWNSHIP 4 / RANGE 4 (CASE NOS. 5.1327 DA). (DN) (Continued from the April 13, 2016 Meeting.)
Planning Director Fagg provided background information pertaining to the process of development agreements. He provided details of the development agreement outlined in thes staff report.
The Commission requested clarification on the following items:
-Why are all the approved conditions not included?
-Purchase of Open-Space and Density of Transfer.
-Quimby fees.
-Additional layer of review by the City.
-Fixed development standards and enforceable commitments to the adjacent HOA's.
-Locking in fixed amount for fees that may increase.
-The connection to Francis Drive.
-A recommendation to the HOA to limit rental units to a 30-day rental period.
-A provision for escalation of fees.
-The 10-year timeframe for completion of project.
-No default provision.
-Experience with privately maintained public park facility.
-Items over and above the developer is proposing for Public Benefit.
-Concern with the HOA maintaining the park.
-Provision for cost reimbursement.
-What is the final number of units?
-Details of park amenities.
Chair Klatchko opened the public hearing:
MARK ALLEN, legal representation for the applicant, spoke about the inception of development agreements. He said this is a very complicated shaped project and noted this will be a market-phased development. He addressed adjustment of fees, including the conditions as attachments, over and above open-space and the density transfer agreement.
FRED FABRICANT, said the private street is owned by 38 individuals and the developer who has not tried to get access.
RONALD HERISKCOE, PS Country Club, board member (Phase III), said Francis Street is a public street and suggested this road be used as the 3rd access.
There being no further appearances the public heairng was closed.
Commissioner Donenfeld requested further clarification on the Density of Transfer and specific target properties.
Commissioner Weremiuk commented on:
-20 year term makes sense.
-City fees should be revisited - a 5 year escalation if the city goes through a fee study.
-Uphold cost for Density of Transfer.
-Park details should be included in the Development Agreement.
Commissioner Calerdine made the following comments:
-Consider a condition pertaining to the Whitewater drive access: The City shall work with the developer and residents to develop access including reimbursement to the owners of the existing easement.
-Have public streets been done with an assessment district or community facility district?
-25% of open-space should be used on the land or improvements within one mile of this project.
Commissioner Hirschbein made comments on:
-Supports open-space/parks within one mile of vicinity of project.
-Does not support locking in the fees.
-Not opposed to the 20 year term; however, require that the undeveloped portions the developer mitigate the impacts until it is developed until fully developed.
-Supports that the 3rd access point is critical and the Whitewater West is the most critical.
Commissioner Middleton made the following comments:
-A 3rd access is needed. The most appropriate use is for this development to gain use of what is now a private street.
-Tolling of any term of agreement of lawsuit is filed that would prohibit them from construction or further completion.
-The park need to be clearly defined in the HOA documents that the HOA maintains the park.
-Fees should be adjusted every 5 years to allow for decrease or increase.
Commissioner Donenfeld made the following comments:
-Disagrees with the Transfer of Density to buy property in the area (It should be looked at on a citywide basis).
-Agrees with a 20 year term.
-Periodic adjustment of fees; evey 5 years is appropriate.
-A 3rd access point is critical and essential for this project going forward.
Commissioner Middleton said a default penalty that accrues back to the city if the development fails to be completed.
Chair Klatchko made the following comments:
-If the developer defaults it would be "liquitated damages" and will leave to the city attorney to craft language that is enforceable.
-Legal fees -the prevailing party will be responsible.
-Amount: Should be a fixed amount paid in early process rather than a per unit payout over the 10 - 20 years when this project is completed.
-3rd Access: is the strong point the Commission has made.
Park: - Put in specific requirements for amenities, public park, HOA maintain (or the HOA pay the City to maintain).
Density Transfer: Agrees the open-space location should be determined by the City Council and reviewed on a citywide basis.
Several of the members of the Commission expressed concern that a portion the money received from the Density Transfer be utilized on parks in the adjacent neighborhood because of the impact.
Approve alternate plan with conditions subject to:
1. Make the require findings: With the exception that the Environmental Impact Report does not adequately address the signaling at
on the corner of Farrell Drive and Racquet Club and on the corner of Racquet Club and Vista Chino Drive.
2. Recommend and a 20 year term to facilitate financing for the developer. The rates should be adjusted every 5 years to the current
reasonable rate as the City has determines the cost of service.
3. Density Transfer: The City Council to determine the amount and location. The payment of the fees should be set by the City Council on a date certain (early in the process) in lump sum (not on a unit per unit basis).
4. Include liquidated damages provision in the agreement in the event the developer does not perform.
5. The developer should be required to continue Environmental Mitigation and be appropriate for the term of the agreement.
6. A provision be added that the prevailing party be responsible for the legal fees.
7. A strong recommendation that there be a 3rd access as a condition of approval. The appropriate access is Whitewater Driver. The City and Public Works to take the lead in working with the developer and homeowners to facility the transfer of West Whitewater Drive as a public road for a 3rd access point with appropriate compensation to the owners of the current street. Francis Drive to be considered an an alternative as 3rd point of access.
8. Park: The development agreement to deal with the requirements of the upkeep and maintenace of the park. The amenities shall be included in the development agreement.
9. The Conditions of Approval to be attached/incorporated in the Development Agreement.
10. Traffic calming measures shall be incorporated at Whitewater and Verona Street subject to approval by Public Works.
Motion to approve Approve alternate plan with conditions subject to:
1. Make the require findings: With the exception that the Environmental Impact Report does not adequately address the signaling on the corner of Farrell Drive and Racquet Club and on the corner of Racquet Club and Vista Chino Drive.
2. Recommend and a 20 year term to facilitate financing for the developer. The rates should be adjusted every 5 years to the current reasonable rate as the City has determines the cost of service.
3. Density Transfer: The City Council to determine the amount and location. The payment of the fees should be set by the City Council on a date certain (early in the process) in lump sum (not on a unit per unit basis).
4. Include liquidated damages provision in the agreement in the event the developer does not perform.
5. The developer should be required to continue Environmental Mitigation and be appropriate for the term of the agreement.
6. A provision be added that the prevailing party be responsible for the legal fees.
7. A strong recommendation that there be a 3rd access as a condition of approval. The appropriate access is Whitewater Driver. The City and Public Works to take the lead in working with the developer and homeowners to facility the transfer of West Whitewater Drive as a public road for a 3rd access point with appropriate compensation to the owners of the current street. Francis Drive to be considered an an alternative as 3rd point of access.
8. Park: The development agreement to deal with the requirements of the upkeep and maintenace of the park. The amenities shall be included in the development agreement.
9. The Conditions of Approval to be attached/incorporated in the Development Agreement.
10. Traffic calming measures shall be incorporated at Whitewater and Verona Street subject to approval by Public Works. Moved by Commissioner Weremiuk, seconded by Commissioner Middleton.
Vote to approve Approve alternate plan with conditions subject to:
1. Make the require findings: With the exception that the Environmental Impact Report does not adequately address the signaling on the corner of Farrell Drive and Racquet Club and on the corner of Racquet Club and Vista Chino Drive.
2. Recommend and a 20 year term to facilitate financing for the developer. The rates should be adjusted every 5 years to the current reasonable rate as the City has determines the cost of service.
3. Density Transfer: The City Council to determine the amount and location. The payment of the fees should be set by the City Council on a date certain (early in the process) in lump sum (not on a unit per unit basis).
4. Include liquidated damages provision in the agreement in the event the developer does not perform.
5. The developer should be required to continue Environmental Mitigation and be appropriate for the term of the agreement.
6. A provision be added that the prevailing party be responsible for the legal fees.
7. A strong recommendation that there be a 3rd access as a condition of approval. The appropriate access is Whitewater Driver. The City and Public Works to take the lead in working with the developer and homeowners to facility the transfer of West Whitewater Drive as a public road for a 3rd access point with appropriate compensation to the owners of the current street. Francis Drive to be considered an an alternative as 3rd point of access.
8. Park: The development agreement to deal with the requirements of the upkeep and maintenace of the park. The amenities shall be included in the development agreement.
9. The Conditions of Approval to be attached/incorporated in the Development Agreement.
10. Traffic calming measures shall be incorporated at Whitewater and Verona Street subject to approval by Public Works. (Approved)
Commissioner Donenfeld congratulated Mr. Taylor for being an excellent developer to work with. He listened to the neighbors and the Commission with great professionalism.
A recess was taken at 3:29 pm.
The meeting reconvened 3:44 pm.
PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS:
Commissioner Middleton reported that she was appointed as a laison to the Sustainability Commission and they have been working on issues with the Green Building Ordinance and how to expand the number of homes & businesses that are using solar power. She indicated that the Sustainability Commission has appointed David Freeman as liaison to the Planning Commission as well as Nate Auto, owner of Hot Purple Energy as liaison to the AAC. Mr. Freeman introduced himself and provided details on the upcoming meeting with the City Council.
3. NEW BUSINESS:
3A. PALM SPRINGS PROMENADE, LLC, OWNER, TO ESTABLISH A SIGN PROGRAM FOR THE BLOCK A BUILDING LOCATED WITHIN THE MUSEUM MARKET PLAZA SPECIFIC PLAN AT THE NORTHWEST CORNER OF PALM CANYON DRIVE AND ANDREAS ROAD, ZONE CBD, SECTION 15 (CASE SP 16-002). (DN) (Continued from the April 13, 2016 Meeting.)
Associate Planner Newell presented an overview of the proposed sign program as outlined in the staff report.
JIM CROSS, representing Best Signs, said the Downtown sign ordinance does not work for the tenants. He spoke about the West Elm sign at 22" total height is too small and estethically and proportionally the ratio is not representative of the area. He was available for questions.
Commissioner Calerdine requested clarification on:
-Do the individual tenants have to return for review?
-This is a project the city has invested in very heavily and wants to see it succeed. He thinks the AAC restrictions are too small and should be closer to the 32" and 22" for the lower case letters. He wants to see the blade signs & glazing signs on Palm Canyon and Andreas. He thinks the 60 day restriction is unnessary and would like to see the time extended until the project opens.
Commissioner Weremiuk said she likes the blade signs and most of staff's recommendation. She asked questions pertaining to the: canopy signs, maximum letter height and size of the upper and lower case letters.
Commissioner Hirschbein agrees that the downtown sign guidelines are inappropriate for his building and need to be a little bigger. He had questions pertaining to: maximum size for tenants that are not identified. He thinks the 16" height letter is legible for this building (Juice Served Here) and likes the 22" height for upper case and 18" for the lower case. He is opposed to the blade signs; thinks there is too much signage including the glazing. He prefers the halo-lit letter.
Commissioner Middleton asked what the actual size of size for "Juice Served Here" and questioned the lineal frontage. She noted that looking at a building like this the standards are not measuring up. She thinks they should be looking at height of the letters when they should be looking at the total square footage that is being reviewed. She does not think the West Elm sign for 54 sq. foot of signage is not unreasonable. She is inclined to approve this sign as proposed. She thinks the blade signs will look good but is concerned with the number of glazing signs.
Chair Klatchko concurred with Commissioners Calerdine and Middleton about being liberal with this first class building. He is less concerned with setting different limits with different fonts.
Commissioner Donenfeld concurred that this is a large building and the proposed letters stand out larger than the building. He agrees 36" for West Elm; however, he is uncertain about the blade signs because it takes away from it. He is in favor of adding signage over the canopy in the back of the building to identify the building for customers picking up merchandise.
Commissioner Weremiuk said she likes the blade signs on the pedestrian paseo and they asked for the shade structure. It would be good to have a canopy sign on the back of the building and suggested a 22" height. She noted that the accommodation they are making is because of the size of the building and are not setting a precedence for the rest of the development.
Motion to approve Approve, with Conditions subject to:
Modifying the Architectural Advisory Committee recommended conditions as follows:
1. Canopy (individual letter) signs and glazing signs allowed on Palm Canyon, Market Street Paseo and Andreas Road frontages.
2. Blade signs and glazing signs allowed on all frontages.
3. Temporary construction sign graphis allowed for 100 days.
4. Lighting: Permitted per existing sign code requirements.
5. "Juice" sign: Not to exceed 72% of the frontage.
6. The two additional tenants on the Palm Canyon frontage on the canopy not too exceed 16" or total square footage is not in excess of Downtown Sign Ordinance.
7. Two signs on the west side of the building at the maximum height of 22".
8. The West Elm sign on Palm Canyon frontage to be a maximum height of 36". Moved by Vice-Chair Calerdine, seconded by Commissioner Weremiuk.
Vote to approve Approve, with Conditions subject to:
Modifying the Architectural Advisory Committee recommended conditions as follows:
1. Canopy (individual letter) signs and glazing signs allowed on Palm Canyon, Market Street Paseo and Andreas Road frontages.
2. Blade signs and glazing signs allowed on all frontages.
3. Temporary construction sign graphis allowed for 100 days.
4. Lighting: Permitted per existing sign code requirements.
5. "Juice" sign: Not to exceed 72% of the frontage.
6. The two additional tenants on the Palm Canyon frontage on the canopy not too exceed 16" or total square footage is not in excess of Downtown Sign Ordinance.
7. Two signs on the west side of the building at the maximum height of 22".
8. The West Elm sign on Palm Canyon frontage to be a maximum height of 36". (Approved)
PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS:
Commissioner Donenfeld reported an unpermitted neon light on the Oasis building at corner of Tahquitz Canyon and Palm Canyon.
Vice-Chair Calerdine noted that he would not be in attendance at the next meeting.
Commissioner Middleton requested the Commission forward any comments on green buildings and additional solar requirements.
Commissioner Weremiuk suggested changing lights to LED lighting and capacity for more efficient panels for solar panels. She noted that CVAG's has ideas on building efficiency.
PLANNING DIRECTOR'S REPORT: Update the Planning Commission on important items.
Director Fagg announced about holding a study session on May 11th pertaining to the Eagle Canyon development and other discussion topics. He provided details on the items on the upcoming regular agenda.
ADJOURNMENT:
The Planning Commission adjourned at 5:10 pm to a study session at 11:00 am on Wednesday, May 11, 2016, City Hall, Large Conference Room, 3200 East Tahquitz Canyon Way.
Apr 27, 2016 Planning Commission
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CALL TO ORDER:
Chair Klatchko called the meeting to order at 1:30 pm.
ROLL CALL:
Roll Call: 6 members present, 1 members absent, 0 members excused.
REPORT OF POSTING OF AGENDA:
The agenda was posted 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, April 21, 2016.
ACCEPTANCE OF THE AGENDA:
The agenda was accepted as presented.
PUBLIC COMMENTS:
Chair Klatchko opened public comments:
ERIC TAYLOR, addressed the notes from Item 2C, for full completion of Phase I,
4A, that 50% was modifiied to the south portion not the orth, 5A, CV link, roads not trail.
There being no further appearances public comments was closed.
1. CONSENT CALENDAR:
1B. A REPORT ON AN APPROVED LAND USE PERMIT ISSUED TO MIGGY'S CANTINA, LLC FOR OUTDOOR ENTERTAINMENT / MUSICIANS AS AN ACCESSORY USE TO A RESTAURANT LOCATED AT 1555 SOUTH PALM CANYON DRIVE, ZONE PD-131 / I.L. (CASE LUP 13-067). (DN)
Motion to approve Approve Item 1B, as part of the Consent Calendar. Moved by Commissioner Donenfeld, seconded by Commissioner Weremiuk.
Vote to approve Approve Item 1B, as part of the Consent Calendar. (Approved)
1A. APPROVAL OF MINUTES: APRIL 13, 2016
Chair Klatchko requested the minutes of April 13, 2016 pulled for further discussion.
Commissioner Weremiuk requested changes to minutes on the conditions for Item 2B. Serena Park, as noted.
Motion to approve Approve minutes of April 13, 2016, as amended. Moved by Vice-Chair Calerdine, seconded by Commissioner Weremiuk.
Motion to approve Approval. Moved by Vice-Chair Calerdine, seconded by Commissioner Weremiuk.
Vote to approve Approval. (Approved)
Vote to approve Approve minutes of April 13, 2016, as amended. (Approved)
2. PUBLIC HEARING:
2A. SERENA PARK - PALM SPRINGS COUNTRY CLUB LLC, FOR A DEVELOPMENT AGREEMENT RELATED TO THE REDEVELOPMENT OF APPROXIMATELY 125-ACRE OF PREVIOUSLY DISTURBED VACANT LAND FOR 137 ATTACHED RESIDENCES, 292 DETACHED RESIDENCES, STREETS, PRIVATE OPEN SPACE AND PUBLIC PARK LOCATED NORTH OF VERONA ROAD, EAST OF FARRELL DRIVE, NORTH OF JOYCE DRIVE, EAST OF SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH, SECTION 36 / TOWNSHIP 3 / RANGE 4, AND SECTION 1 /TOWNSHIP 4 / RANGE 4 (CASE NOS. 5.1327 DA). (DN) (Continued from the April 13, 2016 Meeting.)
Planning Director Fagg provided background information pertaining to the process of development agreements. He provided details of the development agreement outlined in thes staff report.
The Commission requested clarification on the following items:
-Why are all the approved conditions not included?
-Purchase of Open-Space and Density of Transfer.
-Quimby fees.
-Additional layer of review by the City.
-Fixed development standards and enforceable commitments to the adjacent HOA's.
-Locking in fixed amount for fees that may increase.
-The connection to Francis Drive.
-A recommendation to the HOA to limit rental units to a 30-day rental period.
-A provision for escalation of fees.
-The 10-year timeframe for completion of project.
-No default provision.
-Experience with privately maintained public park facility.
-Items over and above the developer is proposing for Public Benefit.
-Concern with the HOA maintaining the park.
-Provision for cost reimbursement.
-What is the final number of units?
-Details of park amenities.
Chair Klatchko opened the public hearing:
MARK ALLEN, legal representation for the applicant, spoke about the inception of development agreements. He said this is a very complicated shaped project and noted this will be a market-phased development. He addressed adjustment of fees, including the conditions as attachments, over and above open-space and the density transfer agreement.
FRED FABRICANT, said the private street is owned by 38 individuals and the developer who has not tried to get access.
RONALD HERISKCOE, PS Country Club, board member (Phase III), said Francis Street is a public street and suggested this road be used as the 3rd access.
There being no further appearances the public heairng was closed.
Commissioner Donenfeld requested further clarification on the Density of Transfer and specific target properties.
Commissioner Weremiuk commented on:
-20 year term makes sense.
-City fees should be revisited - a 5 year escalation if the city goes through a fee study.
-Uphold cost for Density of Transfer.
-Park details should be included in the Development Agreement.
Commissioner Calerdine made the following comments:
-Consider a condition pertaining to the Whitewater drive access: The City shall work with the developer and residents to develop access including reimbursement to the owners of the existing easement.
-Have public streets been done with an assessment district or community facility district?
-25% of open-space should be used on the land or improvements within one mile of this project.
Commissioner Hirschbein made comments on:
-Supports open-space/parks within one mile of vicinity of project.
-Does not support locking in the fees.
-Not opposed to the 20 year term; however, require that the undeveloped portions the developer mitigate the impacts until it is developed until fully developed.
-Supports that the 3rd access point is critical and the Whitewater West is the most critical.
Commissioner Middleton made the following comments:
-A 3rd access is needed. The most appropriate use is for this development to gain use of what is now a private street.
-Tolling of any term of agreement of lawsuit is filed that would prohibit them from construction or further completion.
-The park need to be clearly defined in the HOA documents that the HOA maintains the park.
-Fees should be adjusted every 5 years to allow for decrease or increase.
Commissioner Donenfeld made the following comments:
-Disagrees with the Transfer of Density to buy property in the area (It should be looked at on a citywide basis).
-Agrees with a 20 year term.
-Periodic adjustment of fees; evey 5 years is appropriate.
-A 3rd access point is critical and essential for this project going forward.
Commissioner Middleton said a default penalty that accrues back to the city if the development fails to be completed.
Chair Klatchko made the following comments:
-If the developer defaults it would be "liquitated damages" and will leave to the city attorney to craft language that is enforceable.
-Legal fees -the prevailing party will be responsible.
-Amount: Should be a fixed amount paid in early process rather than a per unit payout over the 10 - 20 years when this project is completed.
-3rd Access: is the strong point the Commission has made.
Park: - Put in specific requirements for amenities, public park, HOA maintain (or the HOA pay the City to maintain).
Density Transfer: Agrees the open-space location should be determined by the City Council and reviewed on a citywide basis.
Several of the members of the Commission expressed concern that a portion the money received from the Density Transfer be utilized on parks in the adjacent neighborhood because of the impact.
Approve alternate plan with conditions subject to:
1. Make the require findings: With the exception that the Environmental Impact Report does not adequately address the signaling at
on the corner of Farrell Drive and Racquet Club and on the corner of Racquet Club and Vista Chino Drive.
2. Recommend and a 20 year term to facilitate financing for the developer. The rates should be adjusted every 5 years to the current
reasonable rate as the City has determines the cost of service.
3. Density Transfer: The City Council to determine the amount and location. The payment of the fees should be set by the City Council on a date certain (early in the process) in lump sum (not on a unit per unit basis).
4. Include liquidated damages provision in the agreement in the event the developer does not perform.
5. The developer should be required to continue Environmental Mitigation and be appropriate for the term of the agreement.
6. A provision be added that the prevailing party be responsible for the legal fees.
7. A strong recommendation that there be a 3rd access as a condition of approval. The appropriate access is Whitewater Driver. The City and Public Works to take the lead in working with the developer and homeowners to facility the transfer of West Whitewater Drive as a public road for a 3rd access point with appropriate compensation to the owners of the current street. Francis Drive to be considered an an alternative as 3rd point of access.
8. Park: The development agreement to deal with the requirements of the upkeep and maintenace of the park. The amenities shall be included in the development agreement.
9. The Conditions of Approval to be attached/incorporated in the Development Agreement.
10. Traffic calming measures shall be incorporated at Whitewater and Verona Street subject to approval by Public Works.
Motion to approve Approve alternate plan with conditions subject to:
1. Make the require findings: With the exception that the Environmental Impact Report does not adequately address the signaling on the corner of Farrell Drive and Racquet Club and on the corner of Racquet Club and Vista Chino Drive.
2. Recommend and a 20 year term to facilitate financing for the developer. The rates should be adjusted every 5 years to the current reasonable rate as the City has determines the cost of service.
3. Density Transfer: The City Council to determine the amount and location. The payment of the fees should be set by the City Council on a date certain (early in the process) in lump sum (not on a unit per unit basis).
4. Include liquidated damages provision in the agreement in the event the developer does not perform.
5. The developer should be required to continue Environmental Mitigation and be appropriate for the term of the agreement.
6. A provision be added that the prevailing party be responsible for the legal fees.
7. A strong recommendation that there be a 3rd access as a condition of approval. The appropriate access is Whitewater Driver. The City and Public Works to take the lead in working with the developer and homeowners to facility the transfer of West Whitewater Drive as a public road for a 3rd access point with appropriate compensation to the owners of the current street. Francis Drive to be considered an an alternative as 3rd point of access.
8. Park: The development agreement to deal with the requirements of the upkeep and maintenace of the park. The amenities shall be included in the development agreement.
9. The Conditions of Approval to be attached/incorporated in the Development Agreement.
10. Traffic calming measures shall be incorporated at Whitewater and Verona Street subject to approval by Public Works. Moved by Commissioner Weremiuk, seconded by Commissioner Middleton.
Vote to approve Approve alternate plan with conditions subject to:
1. Make the require findings: With the exception that the Environmental Impact Report does not adequately address the signaling on the corner of Farrell Drive and Racquet Club and on the corner of Racquet Club and Vista Chino Drive.
2. Recommend and a 20 year term to facilitate financing for the developer. The rates should be adjusted every 5 years to the current reasonable rate as the City has determines the cost of service.
3. Density Transfer: The City Council to determine the amount and location. The payment of the fees should be set by the City Council on a date certain (early in the process) in lump sum (not on a unit per unit basis).
4. Include liquidated damages provision in the agreement in the event the developer does not perform.
5. The developer should be required to continue Environmental Mitigation and be appropriate for the term of the agreement.
6. A provision be added that the prevailing party be responsible for the legal fees.
7. A strong recommendation that there be a 3rd access as a condition of approval. The appropriate access is Whitewater Driver. The City and Public Works to take the lead in working with the developer and homeowners to facility the transfer of West Whitewater Drive as a public road for a 3rd access point with appropriate compensation to the owners of the current street. Francis Drive to be considered an an alternative as 3rd point of access.
8. Park: The development agreement to deal with the requirements of the upkeep and maintenace of the park. The amenities shall be included in the development agreement.
9. The Conditions of Approval to be attached/incorporated in the Development Agreement.
10. Traffic calming measures shall be incorporated at Whitewater and Verona Street subject to approval by Public Works. (Approved)
Commissioner Donenfeld congratulated Mr. Taylor for being an excellent developer to work with. He listened to the neighbors and the Commission with great professionalism.
A recess was taken at 3:29 pm.
The meeting reconvened 3:44 pm.
PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS:
Commissioner Middleton reported that she was appointed as a laison to the Sustainability Commission and they have been working on issues with the Green Building Ordinance and how to expand the number of homes & businesses that are using solar power. She indicated that the Sustainability Commission has appointed David Freeman as liaison to the Planning Commission as well as Nate Auto, owner of Hot Purple Energy as liaison to the AAC. Mr. Freeman introduced himself and provided details on the upcoming meeting with the City Council.
3. NEW BUSINESS:
3A. PALM SPRINGS PROMENADE, LLC, OWNER, TO ESTABLISH A SIGN PROGRAM FOR THE BLOCK A BUILDING LOCATED WITHIN THE MUSEUM MARKET PLAZA SPECIFIC PLAN AT THE NORTHWEST CORNER OF PALM CANYON DRIVE AND ANDREAS ROAD, ZONE CBD, SECTION 15 (CASE SP 16-002). (DN) (Continued from the April 13, 2016 Meeting.)
Associate Planner Newell presented an overview of the proposed sign program as outlined in the staff report.
JIM CROSS, representing Best Signs, said the Downtown sign ordinance does not work for the tenants. He spoke about the West Elm sign at 22" total height is too small and estethically and proportionally the ratio is not representative of the area. He was available for questions.
Commissioner Calerdine requested clarification on:
-Do the individual tenants have to return for review?
-This is a project the city has invested in very heavily and wants to see it succeed. He thinks the AAC restrictions are too small and should be closer to the 32" and 22" for the lower case letters. He wants to see the blade signs & glazing signs on Palm Canyon and Andreas. He thinks the 60 day restriction is unnessary and would like to see the time extended until the project opens.
Commissioner Weremiuk said she likes the blade signs and most of staff's recommendation. She asked questions pertaining to the: canopy signs, maximum letter height and size of the upper and lower case letters.
Commissioner Hirschbein agrees that the downtown sign guidelines are inappropriate for his building and need to be a little bigger. He had questions pertaining to: maximum size for tenants that are not identified. He thinks the 16" height letter is legible for this building (Juice Served Here) and likes the 22" height for upper case and 18" for the lower case. He is opposed to the blade signs; thinks there is too much signage including the glazing. He prefers the halo-lit letter.
Commissioner Middleton asked what the actual size of size for "Juice Served Here" and questioned the lineal frontage. She noted that looking at a building like this the standards are not measuring up. She thinks they should be looking at height of the letters when they should be looking at the total square footage that is being reviewed. She does not think the West Elm sign for 54 sq. foot of signage is not unreasonable. She is inclined to approve this sign as proposed. She thinks the blade signs will look good but is concerned with the number of glazing signs.
Chair Klatchko concurred with Commissioners Calerdine and Middleton about being liberal with this first class building. He is less concerned with setting different limits with different fonts.
Commissioner Donenfeld concurred that this is a large building and the proposed letters stand out larger than the building. He agrees 36" for West Elm; however, he is uncertain about the blade signs because it takes away from it. He is in favor of adding signage over the canopy in the back of the building to identify the building for customers picking up merchandise.
Commissioner Weremiuk said she likes the blade signs on the pedestrian paseo and they asked for the shade structure. It would be good to have a canopy sign on the back of the building and suggested a 22" height. She noted that the accommodation they are making is because of the size of the building and are not setting a precedence for the rest of the development.
Motion to approve Approve, with Conditions subject to:
Modifying the Architectural Advisory Committee recommended conditions as follows:
1. Canopy (individual letter) signs and glazing signs allowed on Palm Canyon, Market Street Paseo and Andreas Road frontages.
2. Blade signs and glazing signs allowed on all frontages.
3. Temporary construction sign graphis allowed for 100 days.
4. Lighting: Permitted per existing sign code requirements.
5. "Juice" sign: Not to exceed 72% of the frontage.
6. The two additional tenants on the Palm Canyon frontage on the canopy not too exceed 16" or total square footage is not in excess of Downtown Sign Ordinance.
7. Two signs on the west side of the building at the maximum height of 22".
8. The West Elm sign on Palm Canyon frontage to be a maximum height of 36". Moved by Vice-Chair Calerdine, seconded by Commissioner Weremiuk.
Vote to approve Approve, with Conditions subject to:
Modifying the Architectural Advisory Committee recommended conditions as follows:
1. Canopy (individual letter) signs and glazing signs allowed on Palm Canyon, Market Street Paseo and Andreas Road frontages.
2. Blade signs and glazing signs allowed on all frontages.
3. Temporary construction sign graphis allowed for 100 days.
4. Lighting: Permitted per existing sign code requirements.
5. "Juice" sign: Not to exceed 72% of the frontage.
6. The two additional tenants on the Palm Canyon frontage on the canopy not too exceed 16" or total square footage is not in excess of Downtown Sign Ordinance.
7. Two signs on the west side of the building at the maximum height of 22".
8. The West Elm sign on Palm Canyon frontage to be a maximum height of 36". (Approved)
PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS:
Commissioner Donenfeld reported an unpermitted neon light on the Oasis building at corner of Tahquitz Canyon and Palm Canyon.
Vice-Chair Calerdine noted that he would not be in attendance at the next meeting.
Commissioner Middleton requested the Commission forward any comments on green buildings and additional solar requirements.
Commissioner Weremiuk suggested changing lights to LED lighting and capacity for more efficient panels for solar panels. She noted that CVAG's has ideas on building efficiency.
PLANNING DIRECTOR'S REPORT: Update the Planning Commission on important items.
Director Fagg announced about holding a study session on May 11th pertaining to the Eagle Canyon development and other discussion topics. He provided details on the items on the upcoming regular agenda.
ADJOURNMENT:
The Planning Commission adjourned at 5:10 pm to a study session at 11:00 am on Wednesday, May 11, 2016, City Hall, Large Conference Room, 3200 East Tahquitz Canyon Way.
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