Approve with changes to Conditions:

1. Carports to be painted to match the main body of the buildings.
2. The Planning Commission shall allow the use of vehicular entry/exit access gates.
3. Pedestrian gates to be open and unlocked from sun-up to sun-down. Developer may request that the Planning
Commission re-examine this condion after one year of build-out.
4. The Planning Commission has determined that the Planned Development District approval to conform to the General
Plan and does not require a public benefit.

Moved by Vice-Chair Weremiuk, seconded by Commissioner Lowe.

Vote to approve

(Approved)

A recess was taken at 2:50 pm. The meeting resumed at 3:00 pm.

2B. CORTEL INC. (VERIZON WIRELESS) FOR A CONDITIONAL USE PERMIT AND A MAJOR ARCHITECTURAL REVIEW TO CONSTRUCT A FORTY-FIVE FOOT TALL MONOPALM STRUCTURE WITH ASSOCIATED EQUIPMENT SHELTER AT THE METHODIST CHURCH OF PALM SPRINGS LOCATED AT 1555 EAST ALEJO ROAD, ZONE MBR (CASE NOS. 5.1387 CUP). (GM)

Associate Planner Mlaker provided an overview of the proposed monopalm structure as outlined in the staff report.

Chair Calerdine opened the public hearing:

ANDREA URBAS, Cortel Inc. (consultants representing Verizon), provided a Powerpoint presentation including the existing condition, alternative locations and design. Ms. Urbas addressed concerns raised by residents in the area.

REV. AMANDA BURR, United Methodist Church, commented that the consistency of the extra income from the cell tower that has allowed them to survive during the summer months of high electric bills.

DOUG JONES, resides in the neighborhood, commented that good cell coverage is need in this area and requested approval.

There being no further speaker the public hearing was closed.

Commissioner Lowe requested clarification about the health & safety omissions from cell towers.

Associate Planner Mlaker responded to questions regarding the existing cell coverage within the city limits and noticing requirements.

Vice-Chair Weremiuk made a motion to approve with findings in the staff report; noting that cell coverage is needed. She requested an engineer to attend the hearings if another application is filed.

Motion to approve Approve with Conditions. Moved by Vice-Chair Weremiuk, seconded by Commissioner Middleton.

Vote to approve Approve with Conditions. (Approved)

2C. PALM GROVE GROUP, LLC, FOR PALM SPRINGS FAN CLUB, FOR A CONDITIONAL USE PERMIT TO ALLOW FOR A COCKTAIL LOUNGE WITHIN AN EXISTING COMMERCIAL BUILDING LOCATED AT 1539 AND 1541 NORTH PALM CANYON DRIVE, ZONE C-1, SECTION 10 (CASE 5.1402 CUP). (NK)

Assistant Planner Kikuchi provided an overview of the proposed cocktail lounge within an existing commercial building as outlined in the staff report.

Technical Questions:

Commissioner Lowe spoke in support of the project; noting that it's an extension of the Arrive Hotel.

Commissioner Middleton requested clarification on:

-Does this project meet the parking requirements with inclusion of the associated buildings?
-Noise compliants from neighborhood.
-Written public comment issues (access to grant funds).

Ms. Middleton noted concern that this project not have access to the Economic Incentive Grant.

Chair Calerdine opened the public hearing:

EZRA CALLAHAN, Manager of Artist & Recreation, LLC, (co-founder Arrive Hotel) commented on their plans to activate the whole block around the hotel and provided details on using the lounge as an event space for the hotel, adequate parking and mitigation of noise levels. Mr. Callahan provided an overview on the economic grant funds.

There being no further speakers the public hearing was closed.

Vice-Chair Weremiuk questioned if there are plans to purchase the adjacent house.

Commissioner Middleton questioned what the applicant's plans to proactively monitor the sound levels to assure they do not exceed the decibel levels. (time restrictions and monitoring of decibel readers)

Chair Calerdine commented that it would be helpful to have the parking signage from the Arrive Hotel and Draughtsman allow use by patrons of the Palm Springs Fan Club. Planning Director Fagg responded this condition be placed on the Land Use Permit.

Motion to approve Approve with Conditions subject to:

1. Parking Requirement: Parking for the property shall be established per associated Land Use Permit (LUP). Signage at the Draughtsman restaurant and the Arrive Hotel allowing patrons of Palm Springs Fan Club to park their vehicles on their premises shall be required.

2. Active Noise Monitoring Required: Active, constant noise monitoring with a decibel meter shall be required for all outdoor activities including the use of amplified sound. There shall be designated on-site to measure noise level to ensure that noise generated by such activities does not exceed the maximum allowable noise level regulated by the City Noise Ordinance.

3. Entertainment and Amplified Noise: Outdoor live entertainment and amplified noise are subject to the Noise Ordinance. The hours of outdoor live entertainment and the use of amplified noise shall be limited to 12:00 PM and 10:00 PM. Moved by Vice-Chair Weremiuk, seconded by Commissioner Hudson.

Vote to approve Approve with Conditions subject to:

1. Parking Requirement: Parking for the property shall be established per associated Land Use Permit (LUP). Signage at the Draughtsman restaurant and the Arrive Hotel allowing patrons of Palm Springs Fan Club to park their vehicles on their premises shall be required.

2. Active Noise Monitoring Required: Active, constant noise monitoring with a decibel meter shall be required for all outdoor activities including the use of amplified sound. There shall be designated on-site to measure noise level to ensure that noise generated by such activities does not exceed the maximum allowable noise level regulated by the City Noise Ordinance.

3. Entertainment and Amplified Noise: Outdoor live entertainment and amplified noise are subject to the Noise Ordinance. The hours of outdoor live entertainment and the use of amplified noise shall be limited to 12:00 PM and 10:00 PM. (Approved)

2D. DTPS A-14, LLC FOR A CONDITIONAL USE PERMIT TO ALLOW A 4,492-SQUARE FOOT REAL ESTATE OFFICE ON THE GROUND FLOOR OF THE MULTI-TENANT BUILDING LOCATED ON BLOCK A OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN AT 201 NORTH PALM CANYON DRIVE, ZONE CBD, SECTION 15 (CASE NO. 5.1403 CUP). (DN)

Associate Planner Newell provided an overview on the request to allow a real estate office on ground floor frontage on Palm Canyon Drive as outlined in the staff report.

Commissioner Middleton commented that as she walks downtown she sees real estate offices throughout downtown and is struggling why this company should be treated differently.

Commissioner Lowe noted concern with setting a precedent.

Chair Calerdine opened the public hearing:

CHRIS ANDERSON, Bennion Deville Homes, general manager, provided background details on the previous real estate office locations in the city. He spoke about customers and staff providing discretionary spending in downtown and respectfully requested approval.

PATRICK JORDAN, Bennion Deville Homes, agent, commented about the real estate office being a meeting place where people go and thinks this would be a great mix for the community.

DAVE LINTZ, Bennion Deville Homes, spoke about benefits to the City and the active use on the first floor. He said it is synergistic to to other uses in downtown.

DUANE GRAVES, Wessman Development, read a letter from Michael Braun, said that desirable offices that cater to a large public market can also generate lively traffic foot pattern; we need to support a broad range of uses not just retail.

BOB DEVILLE, Bennion Deville Homes, owner, stated that they are the catalyst for bringing people downtown explained that there are other events held in the office.

There being no further comments the public hearing was closed.

Technical Questions:

The Commission had questions pertaining to:

-Has consideration been made taking more space on the top floor?
-Are the two spaces inter-connected?
-Verified that no other space will be leased on Palm Canyon.

Commissioner Middleton noted reluctance not to support staff's decision; however, in this case she thinks the use as described by the applicant is an extremely appropriate use. If the situation would be with numerous real estate locations within the downtown project would have concerns they have been assured on dealing on a case-by-case (concentration) on these types of applications.

Commissioner Hudson commented that he would be more supportive of the frontage would be 30 feet instead of 60 feet. He noted this building is very challenging concentration (first and second floor arrangement) however, with this compromise he could support it.
Commissioner Lowe said he is going to support this project; he's comfortable shortening the frontage on Palm Canyon.

Chair Calerdine spoke in favor of the project; he uncertainty about 30 feet being adequate space.

Vice-Chair Weremiuk said she would be supporting this project; however, forwarded a message to Mr. Wessman that they do not want other office space in downtown.

Staff reported at the next meeting a new resolution will be brought forward with the Planning Commission's decision.

Motion to approve Approve. Moved by Vice-Chair Weremiuk, seconded by Chair Calerdine.

Vote to approve Approve. (Approved)

2E. CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT RELATING TO THE CRITERIA AND PROCEDURES FOR THE REVIEW OF EXTENSION OF TIME APPLICATIONS (CASE 5.1405 ZTA). (FF)

The public hearing was opened and with no speakers coming forward the public hearing was closed.

Motion to approve Approve. Moved by Chair Calerdine, seconded by Commissioner Lowe.

Vote to approve Approve. (Approved)

2F. CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT RELATING TO SEPARATION DISTANCE REQUIREMENTS FOR MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES AND MEDICAL CANNABIS DISPENSARIES (CASE 5.1218-E). (FF)

Chair Calerdine opened the public hearing:

ROBERT VAN ROO, Palm Springs Safe Access, agreed a separation distance requirement is appropriate for new applicants and requested a "grandfather variance" for prior Medical Cannabis applicants who have applied but not received approval.

There being no further speakers the public hearing was closed.

The public hearing was closed.

Planning Director Fagg provided an overview on the proposed zone text amendment.

Commissioner Middleton noted hesitancy in understanding why the city needs to impose a separation distance requirement.

kw, make an exception for those who have previously applied - distance requirements

Motion to approve

Approve subject to:

-With a "granfathering" exception for those who previously applied and met the city requirements and still meet them the distance requirements would not apply to them.

Moved by Vice-Chair Weremiuk, seconded by Commissioner Middleton.

Vote to approve

Approve subject to:

-With a "granfathering" exception for those who previously applied and met the city requirements and still meet them the distance requirements would not apply to them.

(Approved)

A recess was taken at 4:59 pm.

The meeting resumed at 5:09 pm.

3. UNFINISHED BUSINESS:

3A. ARMADA REAL ESTATE GROUP, LLC FOR A MAJOR ARCHITECTURAL APPLICATION, A FINAL PLANNED DEVELOPMENT DISTRICT APPLICATION AND A TIME EXTENSION REQUEST FOR "VIBE", A RESIDENTIAL DEVELOPMENT OF 93 MULTI-FAMILY UNITS AND 72 SINGLE FAMILY HOMES ON SMALL LOTS ON A 24-ACRE PARCEL LOCATED AT THE NORTHEAST CORNER OF SOUTH FARRELL DRIVE AND EAST BARISTO ROAD, ZONE PD 232 (CASE 5.1046 PDD 232 AMND, 3.3974 MAJ, TTM 36689 AND TPM 36767). (KL)

Associate Planner Lyon provided an overview on the proposed development as outlined in the staff report.

Commissioner Lowe verified that this is a gated community.

Vice-Chair Weremiuk made the following comments:
-Likes the changes made on the frontages.
-Agrees the dog park is not public.
-Does not agree with not having the pedestrian gates opened.
-Visibility of the layout - sideyard articulation on the zero lot-line of the building.
-Ensure that roof decks do not overlook neighbors yards.

Commissioner Hudson appreciates the work that has been done; however, noted concern with the layout on the models. He thinks the project is on its way to answer the concerns but additional work is needed. The pool structure is very successful, the pallet is good.

Planning Director Fagg suggested a subcommittee of the Planning Commission to discuss changes to the design that would bring it more closely in conformance with criteria for architectural approval.

BRUCE LEHMAN, Armada Real Estate Group, requested the project be approved subject to review by the subcommittee.

Motion to approve Continue to a date uncertain to allow review by Planning Commission Subcommittee (Hudson, Hirschbein and Lowe). Moved by Vice-Chair Weremiuk, seconded by Commissioner Hudson.

Vote to approve Continue to a date uncertain to allow review by Planning Commission Subcommittee (Hudson, Hirschbein and Lowe). (Approved)

4. NEW BUSINESS:

4A. RECEIVE A REPORT FROM THE SUSTAINABILITY COMMISSION RELATING TO A PROPOSED MANDATORY REQUIREMENT FOR THE INSTALLATION OF SOLAR SYSTEMS FOR RESIDENTIAL CONSTRUCTION. (FF)

Planning Director Fagg provided an overview on the proposed residential solar strategy as outlined in the staff report.

Commissioner Middleton gave a brief introduction of the proposed solar strategy developed by the Green Building/Solar Subcommittee.

Commissioner Freedman provided a summary of the proposed residential Solar Strategy as outlined in the staff memorandum.

Vice-Chair Weremiuk said they would need the accurate numbers from solar companies and builders. She noted concern with the down payment and would like to see the savings for a medium priced home. She would like to forward a complete package to the City Council.

Commissioner Lowe commented that he completely supports of alternative energy and had questions regarding: the coverage and average consumption use and solar impacts on mortgage.

Vice-Chair Weremiuk questioned if the solar systems are currently expandable.

Commissioner Lowe requested details on the costs associated with purchasing vs. leasing the solar equipment.

Chair Calerdine concurred that making solar panels affordable and making sure the numbers are accurate.

Motion to approve Continue to a date uncertain to allow the Green Building/Solar Subcommittee to:

1. Firm up the numbers and exhibits presented to the Commission.
2. The independent study that is required by the Stated can be initiated to move forward.
3. Conceptually the Planning Commission is in agreement to move forward. Moved by Commissioner Middleton, seconded by Commissioner Lowe.

Vote to approve Continue to a date uncertain to allow the Green Building/Solar Subcommittee to:

1. Firm up the numbers and exhibits presented to the Commission.
2. The independent study that is required by the Stated can be initiated to move forward.
3. Conceptually the Planning Commission is in agreement to move forward. (Approved)

PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS:

Vice-Chair Weremiuk questioned what type review the City can do to provide assurance tht

The Commission requested details on:

-What can the City do to guarantee developments are financially viable.
-Extensions of time.

PLANNING DIRECTOR'S REPORT:

ADJOURNMENT:

The Planning Commission adjourned at 6:30 pm to Wednesday, January 25, 2017, at 1:30 pm, City Hall, Council Chamber, 3200 East Tahquitz Canyon Way.

Jan 11, 2017 Planning Commission

Full agenda
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1A. APPROVAL OF MINUTES: DECEMBER 14, 2016 STUDY SESSION AND REGULAR MEETING MINUTES

Approved as presented (noting Vice-Chair Weremiuk's abstention).

1B. APPROVAL OF A RESOLUTION WITH WRITTEN FINDINGS DENYING A REQUEST BY FAR WEST INDUSTRIES, INC., FOR A REVISED FINAL PLANNED DEVELOPMENT DISTRICT APPLICATION FOR "ICON", A PROPOSED GATED DEVELOPMENT OF 46 TWO-STORY DETACHED CONDOMINIUM DWELLING UNITS ON A 5.23-ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF NORTH PALM CANYON DRIVE AND ALVARADO ROAD (CASE 5.1340/PDD 370).

Approved as presented.

2. PUBLIC HEARINGS:

Associate Planner Mlaker provided an overview of the proposed development as outlined in the staff report.

Commissioner Hudson questioned if a pedestrian connection with the project to the Riviera was considered.

Commissioner Weremiuk requested details on:

-Gated community.
-Pedestrian access.
-Limited number of carport parking.

Commissioner Lowe complimented the developer on a great project and questioned if solar was considered. (The applicant responded that solar will be plumbed for every unit.)

Commissioner Hudson commented that hopefully the canopy colors tie in with the rest of the buildings encouraged the lighting be more creative, driving entrance to Via Escuela.

Vice-Chair Weremiuk requested a total of 52,700-square feet shall remain as open space and recorded as a deed restriction. She said it's a great project a made a motion to approve.

Motion to approve

Moved by Vice-Chair Weremiuk, seconded by Commissioner Lowe.

Vote to approve

(Approved)

A recess was taken at 2:50 pm. The meeting resumed at 3:00 pm.

2B. CORTEL INC. (VERIZON WIRELESS) FOR A CONDITIONAL USE PERMIT AND A MAJOR ARCHITECTURAL REVIEW TO CONSTRUCT A FORTY-FIVE FOOT TALL MONOPALM STRUCTURE WITH ASSOCIATED EQUIPMENT SHELTER AT THE METHODIST CHURCH OF PALM SPRINGS LOCATED AT 1555 EAST ALEJO ROAD, ZONE MBR (CASE NOS. 5.1387 CUP). (GM)

Associate Planner Mlaker provided an overview of the proposed monopalm structure as outlined in the staff report.

Commissioner Lowe requested clarification about the health & safety omissions from cell towers.

Associate Planner Mlaker responded to questions regarding the existing cell coverage within the city limits and noticing requirements.

Vice-Chair Weremiuk made a motion to approve with findings in the staff report; noting that cell coverage is needed. She requested an engineer to attend the hearings if another application is filed.

Motion to approve Approve with Conditions. Moved by Vice-Chair Weremiuk, seconded by Commissioner Middleton.

Vote to approve Approve with Conditions. (Approved)

2C. PALM GROVE GROUP, LLC, FOR PALM SPRINGS FAN CLUB, FOR A CONDITIONAL USE PERMIT TO ALLOW FOR A COCKTAIL LOUNGE WITHIN AN EXISTING COMMERCIAL BUILDING LOCATED AT 1539 AND 1541 NORTH PALM CANYON DRIVE, ZONE C-1, SECTION 10 (CASE 5.1402 CUP). (NK)

Assistant Planner Kikuchi provided an overview of the proposed cocktail lounge within an existing commercial building as outlined in the staff report.

Technical Questions:

Commissioner Lowe spoke in support of the project; noting that it's an extension of the Arrive Hotel.

Vice-Chair Weremiuk questioned if there are plans to purchase the adjacent house.

2D. DTPS A-14, LLC FOR A CONDITIONAL USE PERMIT TO ALLOW A 4,492-SQUARE FOOT REAL ESTATE OFFICE ON THE GROUND FLOOR OF THE MULTI-TENANT BUILDING LOCATED ON BLOCK A OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN AT 201 NORTH PALM CANYON DRIVE, ZONE CBD, SECTION 15 (CASE NO. 5.1403 CUP). (DN)

Associate Planner Newell provided an overview on the request to allow a real estate office on ground floor frontage on Palm Canyon Drive as outlined in the staff report.

Commissioner Middleton commented that as she walks downtown she sees real estate offices throughout downtown and is struggling why this company should be treated differently.

Commissioner Lowe noted concern with setting a precedent.

Motion to approve Approve. Moved by Vice-Chair Weremiuk, seconded by Chair Calerdine.

Vote to approve Approve. (Approved)

2E. CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT RELATING TO THE CRITERIA AND PROCEDURES FOR THE REVIEW OF EXTENSION OF TIME APPLICATIONS (CASE 5.1405 ZTA). (FF)

The public hearing was opened and with no speakers coming forward the public hearing was closed.

Motion to approve Approve. Moved by Chair Calerdine, seconded by Commissioner Lowe.

Vote to approve Approve. (Approved)

2F. CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT RELATING TO SEPARATION DISTANCE REQUIREMENTS FOR MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES AND MEDICAL CANNABIS DISPENSARIES (CASE 5.1218-E). (FF)

Planning Director Fagg provided an overview on the proposed zone text amendment.

Commissioner Middleton noted hesitancy in understanding why the city needs to impose a separation distance requirement.

kw, make an exception for those who have previously applied - distance requirements

Motion to approve

Approve subject to:

-With a "granfathering" exception for those who previously applied and met the city requirements and still meet them the distance requirements would not apply to them.

Moved by Vice-Chair Weremiuk, seconded by Commissioner Middleton.

Vote to approve

Approve subject to:

-With a "granfathering" exception for those who previously applied and met the city requirements and still meet them the distance requirements would not apply to them.

(Approved)

A recess was taken at 4:59 pm.

The meeting resumed at 5:09 pm.