Video index
CALL TO ORDER:
Chair Klatchko called the meeting to order at 1:34 pm.
ROLL CALL:
Roll Call: 6 members present, 1 members absent, 0 members excused.
REPORT OF POSTING OF AGENDA:
The agenda was available for public access at the City Hall exterior bulletin board (west side of Council Chamber) and the Planning Services counter by 6:00 pm on Thursday, May 19, 2016.
ACCEPTANCE OF THE AGENDA:
The agenda was accepted, as presented.
PUBLIC COMMENTS:
Chair Klatchko opened public comments:
MIKE GUERRA, resides in the Historic Tennis Club Neighborhood, requested that applicants be required to submit revised renditions of the approved project.
STEPHANIE AUSTIN, spoke in reference to Item 2A, said this parcel should remain as Commercial zoning; there are too many homes and questioned where will the water come from.
JUDY DEERTRACK, questioned the use of Planned Development Districts that waive the normal zoning standards that are public benefits; she requested the Commission review this policy more closely.
KATHLEEN ADAMS, The Canyons, spoke in reference to Item 2A, expressed concern about mass grading, rock crushing, noise and dust mitigation measures at the Palm Canyon development.
FRANK TYSEN, Historic Tennis Club Neighborhood Organization, chairman, spoke about the Item 2D, spoke about restraining the signage; and as a member of citizens for responsible development, regarding Item 2A, said that all projects become PDD's and thinks it needs to go back to the drawing board.
There being no further speakers public comment was closed.
1. CONSENT CALENDAR:
1A. APPROVAL OF MINUTES: MAY 11, 2016 STUDY SESSION AND REGULAR MEETING MINUTES
Vice-Chair Calerdine noted his abstention due to his absence.
Commisisoner Weremiuk requested a correction to the May 11th Study Session minutes.
Motion to approve Approve the minutes, as amended. Moved by Commissioner Donenfeld, seconded by Commissioner Weremiuk.
Vote to approve Approve the minutes, as amended. (Approved)
2. PUBLIC HEARINGS:
2A. WOODBRIDGE PACIFIC GROUP ON BEHALF OF PALM CANYON 65, LLC. FOR A PLANNED DEVELOPMENT IN LIEU OF ZONE CHANGE, TENTATIVE TRACT MAP AND MAJOR ARCHITECTURAL APPLICATION TO CONSTRUCT A RESIDENTIAL PROJECT CONSISTING OF (57) SINGLE-FAMILY RESIDENCES AND (25) MULTI-FAMILY RESIDENTIAL CONDOMINIUMS ON A 12.4-ACRE SITE LOCATED AT 777 SOUTH PALM CANYON DRIVE, ZONE C-1 & R-3, SECTIONS 22 & 23 (CASE NOS. 5.1378 PD-379 ZC, 3.3876 MAJ AND TTM 36914). (DN)
Associate Planner Newell provided background information and an overview on the changes made to the proposed project. Mr. Newell described the Public Benefits proposed for the development and outlined staff's recommended conditions as outlined in the staff report.
The Commission had technical questions pertaining to:
-Minimum density requirements.
-Is this parcel identified as affordable housing site?
-Is single-family residential permitted in this zone?
-Rock crushing and mitigation measures addressed in the Mitigated Negative Declaration.
-Impact to rock crushing on the site.
-Update on the proposed Palm Canyon Drive median.
-Maintenance of the narrow greenbelts.
-Map of access points for the trail and street.
-Clarification on Eng. Condition #3.
-More specificity on Pln. 16 regarding the Public Benefit improvements.
-Details on the common area buffer.
-Vacation rental restrictions.
-Palm Canyon street widening.
-Building separations.
-Mitigation for roof deck privacy.
-Building standards.
-Open-space.
-Parking street width.
Chair Klatchko opened the public hearing:
TODD CUNNINGHAM, requested the project be gated on the Belardo entrance because surrounding developments are gated and problems with transients in the area. Mr. Cunningham noted that that the CEQA documents state rock crushing can be mitigated on the site with no impact to any residents around the area. He described the changes on to roof elements, gates and pointed out there are 6.5 dwelling units per acre whis is far less than the 15 units permitted by the General Plan.
FRANK TYSEN, said over-development will destroy the town. He suggested more public benefit improvements be provided for the development and using the rocks as an element instead of moving them all out.
KATHLEEN ADAMS, The Canyons, commented that they have a horrible problem with the transients and thinks the gate will be a big benefit for the project. She thinks the green belt area will be a problem for homeless and questioned how long the rock crushing will go on.
ROBERT FINLEY, resides in Parkview Mobile Estates, questioned adjacent gated-communities and indicated that sound vibrates form the mountain in this area.
JUDY DEERTRACK, commented about having respiratory problems from the Dakota project, significant mitigation for rock crushing, the General Plan allowing for single-family residential and public benefit determination.
MIKE GUERRA, HTCNO resident, he would like to see a scale model on how the development will look from Belardo downhill, solar requirements, water conservation, setbacks on Palm Canyon and would like to see more public benefit.
MARIO GONZALEZ, developer, seller of the property, said the project has many challenges and thinks rock crushing will be appropriate on the site. He thinks gates are appropriate on this propert and requested approval of the project.
TODD CUNNINGHAM, clarified they will not crush every rock and will integrate the rocks into the overrall project. He said the rock crushing will take about 90 days and are 850 feet away from the nearest resident.
There being no further speakers the public hearing was closed.
Commissioner Hirschbein thanked the applicant for the 12' buffer along the creek. He thinks the project needs to be enhanced with a more robust public plaza area possibly reducing or eliminating the adjacent unit for a "real public benefit". He noted that this corner is a very highly visible entrance to the development. He prefers not gates because of the size of the development but is not convinced. He said two-story houses along the north perimeter be reduced to one story to minimize the impact to the trail, the lots along Belardo are filled and two-story and reducing the fill and limiting to one-story units. He would like to see a condition to prohibit vacation rentals and have the wall elevation return to AAC as part of the elevation.
Vice-Chair Calerdine commented that the underlying zoning ordinance is out-of-date and inconsistent with the General Plan and that's why PDD's need to be done on so many sites. He would like to see this go forward. He said there needs to be a public benefit that the developer construct or bond for the completion of the Tahquitz Creek Trail to the east side of the Palm Canyon wash. This would be and appropriate off-site public benefit or continue until coming up with a plan for doing so.
Commissioner Weremiuk concurred with Vice-Chair Calerdine on the new proposed ordinance and said the develeper has worked hard: street width to accomodate parking, drive-way width, building separation, green space within the development. They haven't met everything but have worked hard with him. They requested removing one lot; bonding the east side of the canyon as a public benefit. Would like to see shared-used easements, pools for 5, screening, privacy screening on the deck. paseso is concerned in the back of the building prefers folded into the back-year.
Commissioner Lowe said that the developer has worked with the Commission very closely with significant improvements. He thinks it is unfair to hold the developer to the homelessness in the area and needs to be addressed by the city. He concurs that lot #1 be eliminated to create a larger park area and the northeast corner 2 or 3 units were eliminated for a larger park. He is not opposed the project being gated given the security issues surrounding this area. He noted that this is an HOA and is okay with renting out the units for 30 - 90 days to allow the owners of the property to make it financially beneficial for themselves. He said although the city does not have the requirements for affordable housing he thinks it would be a great public benefit if a couple of units would be affordable housing it would be a great public benefit. He said a model of the project would be much easier to see what the project will look like.
Commissioner Donenfeld commented that although the developer has come a long way with this development; he thinks there could have been more creative and open. He agreed that by possibly take the northeast corner and eliminating the one multi-family unit and three homes would change and opening the northend to the paseo might be an interesting concept. It adds more dimension to the site. He thinks by placing gates will create a false sense of security - the wall are not that high and people can get in. This city is special and different and interconnected.
Motion to approve Approve the project with to conditions subject to:
1. The Mitigated Negative Declaration is an adequate environmental document addressing project impacts subject to no rock crushing / boulder crushing on-site (see also PLN 19).
2. A 50/50 mix of one- and two-story homes shall be provided on northerly and westerly edges of the site. Where two-story homes are constructed in these locations, they shall be limited to the product type that has the second story near the internal streets.
3. Rentals of homes, including casitas, are permitted for no less than a 30-day rental period. Casitas shall not be rented separately as a vacation rental.
4. Wall design facing Tahquitz Creek to return to the Architectural Advisory Committee for review.
5. Lot 1 of TTM (additional 5,000-sq. ft. adjacent to pool area) to be used as open space.
6. Privacy and orientation of second floor space to be considered when determining final product types for each single-family home site.
7. Single family lots to have shared use easement (with setbacks as opposed to zero lot line) for side yards. The intent of this condition is to allow building openings for natural light on all sides of the homes.
8. Public benefit to include additional open space within the project site. Such open space shall be available to the public and include Lot 37 of the TTM and the space where the 5-plex building is shown at the northeast corner of the site. HOA to maintain on-site public park areas.
9. Developer to landscape/improve south side of Tahquitz Creek. Developer to provide cash bond for construction of Palm Canyon Drive undercrossing, consistent with the Tahquitz Creek Master Plan.
10. Vehicular gates are not allowed (see also PLN 18). Moved by Commissioner Weremiuk, seconded by Commissioner Lowe.
Vote to approve Approve the project with to conditions subject to:
1. The Mitigated Negative Declaration is an adequate environmental document addressing project impacts subject to no rock crushing / boulder crushing on-site (see also PLN 19).
2. A 50/50 mix of one- and two-story homes shall be provided on northerly and westerly edges of the site. Where two-story homes are constructed in these locations, they shall be limited to the product type that has the second story near the internal streets.
3. Rentals of homes, including casitas, are permitted for no less than a 30-day rental period. Casitas shall not be rented separately as a vacation rental.
4. Wall design facing Tahquitz Creek to return to the Architectural Advisory Committee for review.
5. Lot 1 of TTM (additional 5,000-sq. ft. adjacent to pool area) to be used as open space.
6. Privacy and orientation of second floor space to be considered when determining final product types for each single-family home site.
7. Single family lots to have shared use easement (with setbacks as opposed to zero lot line) for side yards. The intent of this condition is to allow building openings for natural light on all sides of the homes.
8. Public benefit to include additional open space within the project site. Such open space shall be available to the public and include Lot 37 of the TTM and the space where the 5-plex building is shown at the northeast corner of the site. HOA to maintain on-site public park areas.
9. Developer to landscape/improve south side of Tahquitz Creek. Developer to provide cash bond for construction of Palm Canyon Drive undercrossing, consistent with the Tahquitz Creek Master Plan.
10. Vehicular gates are not allowed (see also PLN 18). (Approved)
A recess was taken at 3:28 pm.
The meeting reconvened at 3:39 pm.
Item 2E was taken out of order.
2E. FOUNTAIN VILLAGE DEVELOPMENT FOR A TENTATIVE PARCEL MAP TO SUBDIVIDE A 1.7-ACRE PARCEL INTO TWO SINGLE-FAMILY RESIDENTIAL LOTS AND AN ADMINISTRATIVE MINOR MODIFICATION (AMM) APPLICATION FOR A 10 PERCENT REDUCTION OF THE REQUIRED LOT WIDTH IN THE R-1-A ZONING DESIGNATION FOR THE PARCEL LOCATED AT THE WESTERN TERMINUS OF WEST SANTA ROSA DRIVE; ZONE R-1-A; SECTION 15 (CASE TPM 36922 / 7.1482 AMM). (ER)
Staff requested this item be tabled indefinitely and will be re-noticed.
Motion to adopted Table. Moved by Commissioner Lowe, seconded by Commissioner Donenfeld.
Vote to adopted Table. (Approved)
2B. GERGIS YOUSEF FOR A CONDITIONAL USE PERMIT TO MODIFY FLOOR AREA TO PROVIDE ADDITIONAL RETAIL SPACE AT THE EXISTING GASOLINE STATION LOCATED AT 2796 NORTH PALM CANYON DRIVE, ZONE C-1, SECTION C-1 (CASE NO. 5.0712 CUP). (DN)
Associate Planner Newell provided background information on the proposed project.
The Commission asked technical questions pertaining to:
-Clarification on the Commission proceeding with the subject matter pending the initiation for a Class 1 site.
-Clarification on which conditions have not been met from the original approval issued in 1996.
-Clarification on the original design and whether bringing back the original colors of the building is appropriate.
-The timeline to complete the nomination for the HSPB's initiation for a Class 1 site.
Chair Klatchko opened the public hearing:
GERGIS YOUSEF, applicant, stated that Shell Gas cancelled his contract because of the unkept building. He said the garage is not doing any business and cannot survive the loss of income; he urged approval of the building improvements.
JADE NELSON, spoke about this being the last functioning historict gas station, the architectural significance of the building and its architect. He requested no changes be made to the building.
GARY JOHNS, Historic Site Preservation Board, chair, recommended the project be delayed until the historic nomination has been conducted.
STAN POLOWSKY, confirmed that nothing has been modified to the exterior of the building. He emphasized that the work the owners wants are interior renovations and requested approval.
ROBERT IMBER, said if this is approved it will have more damages than the original project entailed.
NICKY MC LAUGHLIN, representing the Palm Springs Modern Committee, said the changes will alter the architectural integrity of the building and requested the final decision on this project be continued.
JACOB YOUSEF, owner's son, said they cannot progress without making any improvements and noted that gas stations will not be willing to allow other colors; they've been in business over 35 years in the desert.
PETER BLACKBURN, PS Modern Committee, board member, spoke about revisions that have been since the original building was built.
There being no further speakers the public hearing was closed.
Commissioner Weremiuk made a motion to table the item to allow the HSPB dilerbations on the Class I designation. She said went to the site and the wall and celestroy windows seemed to appear as the original. She thinks the applicant can do the exterior improvements that were approved in 2006.
This item will be re-noticed when a determination has been made on the Class 1 designation.
Vice-Chair Calerdine struggled with the complications of the historic resources and the consequences that will be placed on the owner.
Motion to approve To continue to a date uncertain.
Moved by Commissioner Weremiuk, seconded by Commissioner Lowe.
Vote to approve To continue to a date uncertain.
(Approved)
2C. CIG WIRELESS ON BEHALF OF DOUGLAS C. JONES REQUESTING A TIME EXTENSION FOR AN APPROVED CONDITIONAL USE PERMIT AND VARIANCE TO CONSTRUCT TWO WIRELESS TELECOMMUNICATIONS FACILITIES CONSISTING OF 57-FT TALL MONOPOLES DESIGNED AS PALM TREES ON A VACANT PARCEL OF LAND LOCATED AT 3430 NORTH SUNRISE WAY (ADJACENT TO AND WEST OF GOLDEN SANDS MOBILE HOME PARK), ZONE O, SECTION 36 (CASE NOS. 5.1321 CUP AND 6.533 VAR). (DN)
Associate Planner Newell noted a correction on the applicant name and provided and overview of the proposed time extension.
Chair Klatchko open public comments:
NORM MCCLOUD, Icon Towers (formerly CIG Wireless) applicant, confirmed that Eric Taylor (developer for Serena Park) supports the project as well as numerous people needing coverage in the area. He explained it will be a two-carrier monopalm and requested approval of the request.
PATRICIA NEIBURG, said she has problems with her phone and computer service and spoke in support of the project.
DOUG JONES, property owner, said they have communicated with the adjacent properties and they are in support.
JIM BAYLE, Four Seasons resident, said they need the service and requested approval.
PATTI LIVELY, Four Seasons resident, commented on the lack of service in this area and requested approval.
DICK BERGSTROM, Four Seasons resident, said many of the residents that are elderly who rely on phone service for emergency calls.
TERRI VASQUEZ, Four Seasons resident, commented on the bad cell phone service in the area and requested approval.
ROSIE KEYES, Four Seasons resident, said she's spoken to over 100 people in her community and residents in the north end who all have no service in this area and requested approval.
GINA MORALDI, realtor, said service is not good and calls get constantly dropped; urged approval.
RISA DURLEY, Four Seasons resident, said she does not see a reason to delay the request for the time extension and thinks everyone should have the service.
There being no further speakers the public hearing was closed.
The Commissioner requested clarification on these issues:
-Why the applicant apply early for the time extension and when not when it expires.
-When is the work anticipated to commence?
Motion to approve Approve one-year time extension for Case Nos. 5.1321 CUP and 6.533 VAR from October 15, 2016 to October 14, 2017, subject to Conditions. Moved by Commissioner Donenfeld, seconded by Commissioner Lowe.
Vote to approve Approve one-year time extension for Case Nos. 5.1321 CUP and 6.533 VAR from October 15, 2016 to October 14, 2017, subject to Conditions. (Approved)
This Item was taken out of order.
3. NEW BUSINESS:
3B. PALM SPRINGS PROMENADE, LLC FOR A DESIGN REVISION TO A PORTION OF THE BUILDING ON BLOCK C LOCATED AT THE SOUTHWEST CORNER OF PALM CANYON DRIVE AND MAIN STREET WITHIN THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN, ZONE CBD, SECTION 15 (CASE NO. 3.3607 MAJ). (DN)
Associate Planner Newell provided an overview of the design revisions to the proposed building.
CHRIS PARDO, project designer, provided details on the materials, colors and height of the proposed building design.
The Commission discussed the architectural elements, height increase and architectural review of the building.
Commissioner Hirschbein pointed-out that the building is 32' in height not 28' and prefers smaller scale of the buildings for a pedestrian friendly building.
Chair Klatchko said he appreciaes the variety in building heights and thinks it much more interesting.
Motion to approve Approve as presented. Moved by Commissioner Donenfeld, seconded by Commissioner Lowe.
Vote to approve Approve as presented. (Approved)
3A. PALM SPRINGS PROMENADE, LLC FOR A DESIGN REVISION TO THE DOWNTOWN LANDSCAPE AND HARDSCAPE PLANS ON BLOCKS A AND A-1 LOCATED AT THE NORTHEAST CORNER OF BELARDO ROAD AND ANDREAS ROAD WITHIN THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN, ZONE CBD, SECTION 15 (CASE NOS. 3.3948 AND 3.3605). (FF/DN)
Planning Director Fagg provided details on the proposed changes to the landscape plan.
CHRIS PARDO, project designer, provided further details on the landscape materials and was available for questions.
Motion to approve Approve as presented. Moved by Commissioner Lowe, seconded by Commissioner Weremiuk.
Vote to approve Approve as presented. (Approved)
Commissioner Weremiuk said she supports the BevMo project but will not be here to vote. She left the dais at 5:09 pm for the remainder of the meeting.
2D. SMITH & HALL DESERT PROPERTIES, INC. FOR BEVERAGES & MORE, INC. FOR A CONDITIONAL USE PERMIT TO ALLOW AN 8,136-SQUARE FOOT LIQUOR STORE KNOWN AS BEV MO! IN SUITE #4 LOCATED AT 333 SOUTH PALM CANYON DRIVE, ZONE CBD, SECTION 15 (CASE NO. 5.1392 CUP). (GM)
Associate Planner Mlaker presented the proposed Bev Mo store as outlined in the staff report.
Chair Klatchko opened the public hearing:
GREG ENDOM, applicant, provided history on the inception of BevMo stores and said over the years they have been able to reduce the building footprint for a smaller more intimate setting. Mr. Endom spoke about the existing customer base in the city and provided details on the hours of operation.
ROBERT STONE, requested no exterior storage of shopping carts and an electronic barrier around the property to keep the carts out of the neighborhood.
HELGA NELSON, owns adjacent building, commented about problems with homeless and grafetti in the area and spoke in opposition of the project.
GARY JOHNS, spoke in support of the project; and commented that the HSPB is very much in favor of working with property owners and retailers to foster the adaptive re-use of buildings.
ROBERT FINLEY, spoke in support of the project and said the homeless problem needs to be dealt with on a separate issue.
JIM CIOFFI, project architect, said they have worked very closely with the HSPB with improvements to the building and is looking foward to see the project move forward.
HAL HALL, building owner, said the problem is the transfer station at the bus stop; however, pointed-out that they have made an agreemetn with Sunline to make it a bus stop only. They have worked hard at restoring this building.
GREG ENDOM, addressed the shopping cart, described a shopping car theft system that is placed on the properties.
There being no further speakers the public hearing was closed.
Commissioner Hirschbein requested that the shopping carts are stored inside the store.
Motion to approve Approve subject to Conditions. Moved by Commissioner Lowe, seconded by Vice-Chair Calerdine.
Vote to approve Approve subject to Conditions. (Approved)
PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS:
The Commission discussed and/or commented on:
-Questioned specifying the size of a tree by the size instead of a box size.
-Exploring the idead of placing items relating to the Downtown at the front of the agenda.
PLANNING DIRECTOR'S REPORT:
Planning Director Fagg provided an update appointment the AAC vacancies and confirm the Planning Commission subcommittees.
Chair Klatchko said he may not be available to attend the June 22nd but will confirm at their next meeting.
Commissioner Hirschbein volunteered to cover the AAC meetings for the month of June.
ADJOURNMENT:
The Planning Commission adjourned at 5:39 pm to the next regular meeting at 1:30 pm, Wednesday, June 8, 2016, City Hall, Council Chamber, 3200 East Tahquitz Canyon Way.
May 25, 2016 Planning Commission
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CALL TO ORDER:
Chair Klatchko called the meeting to order at 1:34 pm.
ROLL CALL:
Roll Call: 6 members present, 1 members absent, 0 members excused.
REPORT OF POSTING OF AGENDA:
The agenda was available for public access at the City Hall exterior bulletin board (west side of Council Chamber) and the Planning Services counter by 6:00 pm on Thursday, May 19, 2016.
ACCEPTANCE OF THE AGENDA:
The agenda was accepted, as presented.
PUBLIC COMMENTS:
Chair Klatchko opened public comments:
MIKE GUERRA, resides in the Historic Tennis Club Neighborhood, requested that applicants be required to submit revised renditions of the approved project.
STEPHANIE AUSTIN, spoke in reference to Item 2A, said this parcel should remain as Commercial zoning; there are too many homes and questioned where will the water come from.
JUDY DEERTRACK, questioned the use of Planned Development Districts that waive the normal zoning standards that are public benefits; she requested the Commission review this policy more closely.
KATHLEEN ADAMS, The Canyons, spoke in reference to Item 2A, expressed concern about mass grading, rock crushing, noise and dust mitigation measures at the Palm Canyon development.
FRANK TYSEN, Historic Tennis Club Neighborhood Organization, chairman, spoke about the Item 2D, spoke about restraining the signage; and as a member of citizens for responsible development, regarding Item 2A, said that all projects become PDD's and thinks it needs to go back to the drawing board.
There being no further speakers public comment was closed.
1. CONSENT CALENDAR:
1A. APPROVAL OF MINUTES: MAY 11, 2016 STUDY SESSION AND REGULAR MEETING MINUTES
Vice-Chair Calerdine noted his abstention due to his absence.
Commisisoner Weremiuk requested a correction to the May 11th Study Session minutes.
Motion to approve Approve the minutes, as amended. Moved by Commissioner Donenfeld, seconded by Commissioner Weremiuk.
Vote to approve Approve the minutes, as amended. (Approved)
2. PUBLIC HEARINGS:
2A. WOODBRIDGE PACIFIC GROUP ON BEHALF OF PALM CANYON 65, LLC. FOR A PLANNED DEVELOPMENT IN LIEU OF ZONE CHANGE, TENTATIVE TRACT MAP AND MAJOR ARCHITECTURAL APPLICATION TO CONSTRUCT A RESIDENTIAL PROJECT CONSISTING OF (57) SINGLE-FAMILY RESIDENCES AND (25) MULTI-FAMILY RESIDENTIAL CONDOMINIUMS ON A 12.4-ACRE SITE LOCATED AT 777 SOUTH PALM CANYON DRIVE, ZONE C-1 & R-3, SECTIONS 22 & 23 (CASE NOS. 5.1378 PD-379 ZC, 3.3876 MAJ AND TTM 36914). (DN)
Associate Planner Newell provided background information and an overview on the changes made to the proposed project. Mr. Newell described the Public Benefits proposed for the development and outlined staff's recommended conditions as outlined in the staff report.
The Commission had technical questions pertaining to:
-Minimum density requirements.
-Is this parcel identified as affordable housing site?
-Is single-family residential permitted in this zone?
-Rock crushing and mitigation measures addressed in the Mitigated Negative Declaration.
-Impact to rock crushing on the site.
-Update on the proposed Palm Canyon Drive median.
-Maintenance of the narrow greenbelts.
-Map of access points for the trail and street.
-Clarification on Eng. Condition #3.
-More specificity on Pln. 16 regarding the Public Benefit improvements.
-Details on the common area buffer.
-Vacation rental restrictions.
-Palm Canyon street widening.
-Building separations.
-Mitigation for roof deck privacy.
-Building standards.
-Open-space.
-Parking street width.
Chair Klatchko opened the public hearing:
TODD CUNNINGHAM, requested the project be gated on the Belardo entrance because surrounding developments are gated and problems with transients in the area. Mr. Cunningham noted that that the CEQA documents state rock crushing can be mitigated on the site with no impact to any residents around the area. He described the changes on to roof elements, gates and pointed out there are 6.5 dwelling units per acre whis is far less than the 15 units permitted by the General Plan.
FRANK TYSEN, said over-development will destroy the town. He suggested more public benefit improvements be provided for the development and using the rocks as an element instead of moving them all out.
KATHLEEN ADAMS, The Canyons, commented that they have a horrible problem with the transients and thinks the gate will be a big benefit for the project. She thinks the green belt area will be a problem for homeless and questioned how long the rock crushing will go on.
ROBERT FINLEY, resides in Parkview Mobile Estates, questioned adjacent gated-communities and indicated that sound vibrates form the mountain in this area.
JUDY DEERTRACK, commented about having respiratory problems from the Dakota project, significant mitigation for rock crushing, the General Plan allowing for single-family residential and public benefit determination.
MIKE GUERRA, HTCNO resident, he would like to see a scale model on how the development will look from Belardo downhill, solar requirements, water conservation, setbacks on Palm Canyon and would like to see more public benefit.
MARIO GONZALEZ, developer, seller of the property, said the project has many challenges and thinks rock crushing will be appropriate on the site. He thinks gates are appropriate on this propert and requested approval of the project.
TODD CUNNINGHAM, clarified they will not crush every rock and will integrate the rocks into the overrall project. He said the rock crushing will take about 90 days and are 850 feet away from the nearest resident.
There being no further speakers the public hearing was closed.
Commissioner Hirschbein thanked the applicant for the 12' buffer along the creek. He thinks the project needs to be enhanced with a more robust public plaza area possibly reducing or eliminating the adjacent unit for a "real public benefit". He noted that this corner is a very highly visible entrance to the development. He prefers not gates because of the size of the development but is not convinced. He said two-story houses along the north perimeter be reduced to one story to minimize the impact to the trail, the lots along Belardo are filled and two-story and reducing the fill and limiting to one-story units. He would like to see a condition to prohibit vacation rentals and have the wall elevation return to AAC as part of the elevation.
Vice-Chair Calerdine commented that the underlying zoning ordinance is out-of-date and inconsistent with the General Plan and that's why PDD's need to be done on so many sites. He would like to see this go forward. He said there needs to be a public benefit that the developer construct or bond for the completion of the Tahquitz Creek Trail to the east side of the Palm Canyon wash. This would be and appropriate off-site public benefit or continue until coming up with a plan for doing so.
Commissioner Weremiuk concurred with Vice-Chair Calerdine on the new proposed ordinance and said the develeper has worked hard: street width to accomodate parking, drive-way width, building separation, green space within the development. They haven't met everything but have worked hard with him. They requested removing one lot; bonding the east side of the canyon as a public benefit. Would like to see shared-used easements, pools for 5, screening, privacy screening on the deck. paseso is concerned in the back of the building prefers folded into the back-year.
Commissioner Lowe said that the developer has worked with the Commission very closely with significant improvements. He thinks it is unfair to hold the developer to the homelessness in the area and needs to be addressed by the city. He concurs that lot #1 be eliminated to create a larger park area and the northeast corner 2 or 3 units were eliminated for a larger park. He is not opposed the project being gated given the security issues surrounding this area. He noted that this is an HOA and is okay with renting out the units for 30 - 90 days to allow the owners of the property to make it financially beneficial for themselves. He said although the city does not have the requirements for affordable housing he thinks it would be a great public benefit if a couple of units would be affordable housing it would be a great public benefit. He said a model of the project would be much easier to see what the project will look like.
Commissioner Donenfeld commented that although the developer has come a long way with this development; he thinks there could have been more creative and open. He agreed that by possibly take the northeast corner and eliminating the one multi-family unit and three homes would change and opening the northend to the paseo might be an interesting concept. It adds more dimension to the site. He thinks by placing gates will create a false sense of security - the wall are not that high and people can get in. This city is special and different and interconnected.
Motion to approve Approve the project with to conditions subject to:
1. The Mitigated Negative Declaration is an adequate environmental document addressing project impacts subject to no rock crushing / boulder crushing on-site (see also PLN 19).
2. A 50/50 mix of one- and two-story homes shall be provided on northerly and westerly edges of the site. Where two-story homes are constructed in these locations, they shall be limited to the product type that has the second story near the internal streets.
3. Rentals of homes, including casitas, are permitted for no less than a 30-day rental period. Casitas shall not be rented separately as a vacation rental.
4. Wall design facing Tahquitz Creek to return to the Architectural Advisory Committee for review.
5. Lot 1 of TTM (additional 5,000-sq. ft. adjacent to pool area) to be used as open space.
6. Privacy and orientation of second floor space to be considered when determining final product types for each single-family home site.
7. Single family lots to have shared use easement (with setbacks as opposed to zero lot line) for side yards. The intent of this condition is to allow building openings for natural light on all sides of the homes.
8. Public benefit to include additional open space within the project site. Such open space shall be available to the public and include Lot 37 of the TTM and the space where the 5-plex building is shown at the northeast corner of the site. HOA to maintain on-site public park areas.
9. Developer to landscape/improve south side of Tahquitz Creek. Developer to provide cash bond for construction of Palm Canyon Drive undercrossing, consistent with the Tahquitz Creek Master Plan.
10. Vehicular gates are not allowed (see also PLN 18). Moved by Commissioner Weremiuk, seconded by Commissioner Lowe.
Vote to approve Approve the project with to conditions subject to:
1. The Mitigated Negative Declaration is an adequate environmental document addressing project impacts subject to no rock crushing / boulder crushing on-site (see also PLN 19).
2. A 50/50 mix of one- and two-story homes shall be provided on northerly and westerly edges of the site. Where two-story homes are constructed in these locations, they shall be limited to the product type that has the second story near the internal streets.
3. Rentals of homes, including casitas, are permitted for no less than a 30-day rental period. Casitas shall not be rented separately as a vacation rental.
4. Wall design facing Tahquitz Creek to return to the Architectural Advisory Committee for review.
5. Lot 1 of TTM (additional 5,000-sq. ft. adjacent to pool area) to be used as open space.
6. Privacy and orientation of second floor space to be considered when determining final product types for each single-family home site.
7. Single family lots to have shared use easement (with setbacks as opposed to zero lot line) for side yards. The intent of this condition is to allow building openings for natural light on all sides of the homes.
8. Public benefit to include additional open space within the project site. Such open space shall be available to the public and include Lot 37 of the TTM and the space where the 5-plex building is shown at the northeast corner of the site. HOA to maintain on-site public park areas.
9. Developer to landscape/improve south side of Tahquitz Creek. Developer to provide cash bond for construction of Palm Canyon Drive undercrossing, consistent with the Tahquitz Creek Master Plan.
10. Vehicular gates are not allowed (see also PLN 18). (Approved)
A recess was taken at 3:28 pm.
The meeting reconvened at 3:39 pm.
Item 2E was taken out of order.
2E. FOUNTAIN VILLAGE DEVELOPMENT FOR A TENTATIVE PARCEL MAP TO SUBDIVIDE A 1.7-ACRE PARCEL INTO TWO SINGLE-FAMILY RESIDENTIAL LOTS AND AN ADMINISTRATIVE MINOR MODIFICATION (AMM) APPLICATION FOR A 10 PERCENT REDUCTION OF THE REQUIRED LOT WIDTH IN THE R-1-A ZONING DESIGNATION FOR THE PARCEL LOCATED AT THE WESTERN TERMINUS OF WEST SANTA ROSA DRIVE; ZONE R-1-A; SECTION 15 (CASE TPM 36922 / 7.1482 AMM). (ER)
Staff requested this item be tabled indefinitely and will be re-noticed.
Motion to adopted Table. Moved by Commissioner Lowe, seconded by Commissioner Donenfeld.
Vote to adopted Table. (Approved)
2B. GERGIS YOUSEF FOR A CONDITIONAL USE PERMIT TO MODIFY FLOOR AREA TO PROVIDE ADDITIONAL RETAIL SPACE AT THE EXISTING GASOLINE STATION LOCATED AT 2796 NORTH PALM CANYON DRIVE, ZONE C-1, SECTION C-1 (CASE NO. 5.0712 CUP). (DN)
Associate Planner Newell provided background information on the proposed project.
The Commission asked technical questions pertaining to:
-Clarification on the Commission proceeding with the subject matter pending the initiation for a Class 1 site.
-Clarification on which conditions have not been met from the original approval issued in 1996.
-Clarification on the original design and whether bringing back the original colors of the building is appropriate.
-The timeline to complete the nomination for the HSPB's initiation for a Class 1 site.
Chair Klatchko opened the public hearing:
GERGIS YOUSEF, applicant, stated that Shell Gas cancelled his contract because of the unkept building. He said the garage is not doing any business and cannot survive the loss of income; he urged approval of the building improvements.
JADE NELSON, spoke about this being the last functioning historict gas station, the architectural significance of the building and its architect. He requested no changes be made to the building.
GARY JOHNS, Historic Site Preservation Board, chair, recommended the project be delayed until the historic nomination has been conducted.
STAN POLOWSKY, confirmed that nothing has been modified to the exterior of the building. He emphasized that the work the owners wants are interior renovations and requested approval.
ROBERT IMBER, said if this is approved it will have more damages than the original project entailed.
NICKY MC LAUGHLIN, representing the Palm Springs Modern Committee, said the changes will alter the architectural integrity of the building and requested the final decision on this project be continued.
JACOB YOUSEF, owner's son, said they cannot progress without making any improvements and noted that gas stations will not be willing to allow other colors; they've been in business over 35 years in the desert.
PETER BLACKBURN, PS Modern Committee, board member, spoke about revisions that have been since the original building was built.
There being no further speakers the public hearing was closed.
Commissioner Weremiuk made a motion to table the item to allow the HSPB dilerbations on the Class I designation. She said went to the site and the wall and celestroy windows seemed to appear as the original. She thinks the applicant can do the exterior improvements that were approved in 2006.
This item will be re-noticed when a determination has been made on the Class 1 designation.
Vice-Chair Calerdine struggled with the complications of the historic resources and the consequences that will be placed on the owner.
Motion to approve To continue to a date uncertain.
Moved by Commissioner Weremiuk, seconded by Commissioner Lowe.
Vote to approve To continue to a date uncertain.
(Approved)
2C. CIG WIRELESS ON BEHALF OF DOUGLAS C. JONES REQUESTING A TIME EXTENSION FOR AN APPROVED CONDITIONAL USE PERMIT AND VARIANCE TO CONSTRUCT TWO WIRELESS TELECOMMUNICATIONS FACILITIES CONSISTING OF 57-FT TALL MONOPOLES DESIGNED AS PALM TREES ON A VACANT PARCEL OF LAND LOCATED AT 3430 NORTH SUNRISE WAY (ADJACENT TO AND WEST OF GOLDEN SANDS MOBILE HOME PARK), ZONE O, SECTION 36 (CASE NOS. 5.1321 CUP AND 6.533 VAR). (DN)
Associate Planner Newell noted a correction on the applicant name and provided and overview of the proposed time extension.
Chair Klatchko open public comments:
NORM MCCLOUD, Icon Towers (formerly CIG Wireless) applicant, confirmed that Eric Taylor (developer for Serena Park) supports the project as well as numerous people needing coverage in the area. He explained it will be a two-carrier monopalm and requested approval of the request.
PATRICIA NEIBURG, said she has problems with her phone and computer service and spoke in support of the project.
DOUG JONES, property owner, said they have communicated with the adjacent properties and they are in support.
JIM BAYLE, Four Seasons resident, said they need the service and requested approval.
PATTI LIVELY, Four Seasons resident, commented on the lack of service in this area and requested approval.
DICK BERGSTROM, Four Seasons resident, said many of the residents that are elderly who rely on phone service for emergency calls.
TERRI VASQUEZ, Four Seasons resident, commented on the bad cell phone service in the area and requested approval.
ROSIE KEYES, Four Seasons resident, said she's spoken to over 100 people in her community and residents in the north end who all have no service in this area and requested approval.
GINA MORALDI, realtor, said service is not good and calls get constantly dropped; urged approval.
RISA DURLEY, Four Seasons resident, said she does not see a reason to delay the request for the time extension and thinks everyone should have the service.
There being no further speakers the public hearing was closed.
The Commissioner requested clarification on these issues:
-Why the applicant apply early for the time extension and when not when it expires.
-When is the work anticipated to commence?
Motion to approve Approve one-year time extension for Case Nos. 5.1321 CUP and 6.533 VAR from October 15, 2016 to October 14, 2017, subject to Conditions. Moved by Commissioner Donenfeld, seconded by Commissioner Lowe.
Vote to approve Approve one-year time extension for Case Nos. 5.1321 CUP and 6.533 VAR from October 15, 2016 to October 14, 2017, subject to Conditions. (Approved)
This Item was taken out of order.
3. NEW BUSINESS:
3B. PALM SPRINGS PROMENADE, LLC FOR A DESIGN REVISION TO A PORTION OF THE BUILDING ON BLOCK C LOCATED AT THE SOUTHWEST CORNER OF PALM CANYON DRIVE AND MAIN STREET WITHIN THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN, ZONE CBD, SECTION 15 (CASE NO. 3.3607 MAJ). (DN)
Associate Planner Newell provided an overview of the design revisions to the proposed building.
CHRIS PARDO, project designer, provided details on the materials, colors and height of the proposed building design.
The Commission discussed the architectural elements, height increase and architectural review of the building.
Commissioner Hirschbein pointed-out that the building is 32' in height not 28' and prefers smaller scale of the buildings for a pedestrian friendly building.
Chair Klatchko said he appreciaes the variety in building heights and thinks it much more interesting.
Motion to approve Approve as presented. Moved by Commissioner Donenfeld, seconded by Commissioner Lowe.
Vote to approve Approve as presented. (Approved)
3A. PALM SPRINGS PROMENADE, LLC FOR A DESIGN REVISION TO THE DOWNTOWN LANDSCAPE AND HARDSCAPE PLANS ON BLOCKS A AND A-1 LOCATED AT THE NORTHEAST CORNER OF BELARDO ROAD AND ANDREAS ROAD WITHIN THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN, ZONE CBD, SECTION 15 (CASE NOS. 3.3948 AND 3.3605). (FF/DN)
Planning Director Fagg provided details on the proposed changes to the landscape plan.
CHRIS PARDO, project designer, provided further details on the landscape materials and was available for questions.
Motion to approve Approve as presented. Moved by Commissioner Lowe, seconded by Commissioner Weremiuk.
Vote to approve Approve as presented. (Approved)
Commissioner Weremiuk said she supports the BevMo project but will not be here to vote. She left the dais at 5:09 pm for the remainder of the meeting.
2D. SMITH & HALL DESERT PROPERTIES, INC. FOR BEVERAGES & MORE, INC. FOR A CONDITIONAL USE PERMIT TO ALLOW AN 8,136-SQUARE FOOT LIQUOR STORE KNOWN AS BEV MO! IN SUITE #4 LOCATED AT 333 SOUTH PALM CANYON DRIVE, ZONE CBD, SECTION 15 (CASE NO. 5.1392 CUP). (GM)
Associate Planner Mlaker presented the proposed Bev Mo store as outlined in the staff report.
Chair Klatchko opened the public hearing:
GREG ENDOM, applicant, provided history on the inception of BevMo stores and said over the years they have been able to reduce the building footprint for a smaller more intimate setting. Mr. Endom spoke about the existing customer base in the city and provided details on the hours of operation.
ROBERT STONE, requested no exterior storage of shopping carts and an electronic barrier around the property to keep the carts out of the neighborhood.
HELGA NELSON, owns adjacent building, commented about problems with homeless and grafetti in the area and spoke in opposition of the project.
GARY JOHNS, spoke in support of the project; and commented that the HSPB is very much in favor of working with property owners and retailers to foster the adaptive re-use of buildings.
ROBERT FINLEY, spoke in support of the project and said the homeless problem needs to be dealt with on a separate issue.
JIM CIOFFI, project architect, said they have worked very closely with the HSPB with improvements to the building and is looking foward to see the project move forward.
HAL HALL, building owner, said the problem is the transfer station at the bus stop; however, pointed-out that they have made an agreemetn with Sunline to make it a bus stop only. They have worked hard at restoring this building.
GREG ENDOM, addressed the shopping cart, described a shopping car theft system that is placed on the properties.
There being no further speakers the public hearing was closed.
Commissioner Hirschbein requested that the shopping carts are stored inside the store.
Motion to approve Approve subject to Conditions. Moved by Commissioner Lowe, seconded by Vice-Chair Calerdine.
Vote to approve Approve subject to Conditions. (Approved)
PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS:
The Commission discussed and/or commented on:
-Questioned specifying the size of a tree by the size instead of a box size.
-Exploring the idead of placing items relating to the Downtown at the front of the agenda.
PLANNING DIRECTOR'S REPORT:
Planning Director Fagg provided an update appointment the AAC vacancies and confirm the Planning Commission subcommittees.
Chair Klatchko said he may not be available to attend the June 22nd but will confirm at their next meeting.
Commissioner Hirschbein volunteered to cover the AAC meetings for the month of June.
ADJOURNMENT:
The Planning Commission adjourned at 5:39 pm to the next regular meeting at 1:30 pm, Wednesday, June 8, 2016, City Hall, Council Chamber, 3200 East Tahquitz Canyon Way.
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