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HomeMy WebLinkAbout2021-09-22 PLANNING COMMISSION MINUTESPLANNING COMMISSION MINUTES SEPTEMBER 22, 2021 CITY OF PALM SPRINGS, CALIFORNIA 3200 East Tahquitz Canyon Way, Palm Springs, California (Meeting held via Zoom) CALL TO ORDER: Chair Weremiuk called the meeting to order at 5:31 pm. ROLL CALL: Present: Aylaian, Ervin, Hirschbein, Moruzzi, Song, Vice Chair Roberts, Chair Weremiuk Staff Present: Development Services Director Fagg, Attorney Priest, Assistant Planning Director Newell, Administrative Coordinator Hintz, Planning Technician Bruno, Engineering Associate Minjares, Associate Planner Mlaker, Assistant Planner Perez REPORT OF POSTING OF AGENDA: The agenda was available for public access at the City Hall exterior bulletin board (west side of Council Chamber) by 6:00 pm on Thursday, September 16, 2021, and posted on the City's website as required by established policies and procedures. ACCEPTANCE OF THE AGENDA: Chair Weremiuk requested the minutes (Item 1A) pulled from the Consent Calendar for further discussion. Roberts, seconded by Song to accept the agenda, as amended. AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MORUZZI, SONG, ROBERTS, WEREMIUK PUBLIC COMMENTS: REUEL YOUNG, Interactive Design, speaking on Item 3A, requested allowing the development team to address the Commission when this project is heard. There being no further speakers .Public Comments was closed. 1. CONSENT CALENDAR: None. 1A. APPROVAL OF MINUTES: JULY 28, 2021 1 Planning Commission Minutes September 22, 2021 City of Palm Springs Chair Weremiuk requested correction to the minutes for Item 3A and Item 6A. Weremiuk, seconded by Roberts to amend minutes and bring back for review at the next meeting. AYES: AYLAIAN, HIRSCHBEIN, MORUZZI, SONG, ROBERTS, WEREMIUK ABSTAIN: ERVIN 2. PUBLIC HEARINGS: 2A. WALMART STORES INC., OWNER, FOR A MAJOR ARCHITECTURAL APPLICATION, A CONDITIONAL USE PERMIT AND A VARIANCE APPLICATION FOR THE CONSTRUCTION OF AN AUTOMOBILE FUEL STATION AND CONVENIENCE KIOSK LOCATED AT 6601 EAST RAMON ROAD, ZONE M-1 (CASE NOS. 3.4210 MAJ, 5.1523 CUP & 6.561 VAR) (AP) Assistant Planner Perez presented details of the proposed project. The Commission discussed the rationale for a minimum size kiosk, the requirement for the M1 zone relative to lot size, the required landscape berm to reduce light spillage, and whether the proposed project is an extension of an existing business. Further discussion followed regarding the applicant's willingness to enlarge the kiosk, approval of similar structures and related variances, the possibility of waiving the development standards, massing, knowing the original intent of the ordinance relative to the 750-square foot requirement, other design protocols considered by the applicant, the AAC's denial of vending doors on exterior elevations, possibility of doing a minor modification, previous approvals for the site, the time needed for processing a code amendment, the circulation plan and conditions required for a variance. Chair Weremiuk opened the public hearing: JACOB BLAZE, Kimberly Horne Associates, noted opposition to the 750-square foot requirement. He reported similar prototypes are being built in California and other states and discussed addressing the concerns of the AAC. He spoke about development of the site fifteen years ago (2006) and added it has been vacant ever since and has not generated tax revenue for the City. TRACY INSCORE, legal representation, Wal-Mart, referenced Finding No. 1, she pointed out that unlike other freestanding fuel stations in the City, this site is the only one located within a larger regional shopping center that already offers food and beverage sales, therefore, there is a reduced need for sales square footage within the proposed kiosk. 2 Planning Commission Minutes September 22, 2021 City of Palm Springs JACOB BLAZE, Kimberly Horne Associates, confirmed that the design prototype is a much more secure design because afterhours may be a security issue. He added the changes were made in response to concerns from the ARC and clarified the width of the driveway, layout and circulation and addressed the ARC's request to increase the height of the existing sign and maintenance of the fuel station. Mr. Blaze addressed concerns from the Commission. There being no further speakers the public hearing was closed. Commissioner Moruzzi stated there was concern by the ARC regarding the display cases being visible from outside the building and thinks the Commission will need to decide whether it agrees with the ARC. Vice Chair Roberts said the Commission can make the necessary findings to approve the project; and noted there are no detrimental impacts. He spoke about the kiosk being safer than a building where patrons can enter and disagreed with the ARC that having showcase displays will be a problem. He thinks a finding can be made that the Commission is not granting a special privilege and spoke about the project being an extension of an existing business. Commissioner Aylaian commented on opportunities provided by larger stores in terms of offering a healthier array of items versus a kiosk and noted agreement with Vice Chair Roberts' comments. Commissioner Hirschbein commented on the need to focus on whether the findings can be met in terms of the site offering a unique situation. Chair Weremiuk thinks the findings can be made, based on the particulars of the center, itself. Commissioner Moruzzi wondered whether the ARC was required to meet the findings. Assistant Director Newell reported their findings were solely based on the architectural review criteria and concluded the exterior display doors were not appropriate for the design of the building which is irrelevant to the CUP and request for a variance. Commissioner Ervin noted there is a 7-Eleven gas station across the street from the subject project; and thinks Wal-Mart should be able to adjust the project for a 750-square foot structure. He sees no reason why the Commission should oppose the ARC's and staffs recommendations. Commissioner Aylaian does not think the findings can be made, as the project does not deprive the subject property of any privileges. 3 Planning Commission Minutes September 22, 2021 City of Palm Springs Commission Song commented on the proposed project as an accessory use to the main store. She said a 750-square foot building would be a major competition to surrounding businesses and there are enough facts to grant the variance. Vice Chair Roberts said he would be making a motion of approval with the findings that there are no detrimental impacts by granting a variance and the parcel straddles the edge of Compatibility Zone B1 and Zone C of the Airport Land Use Compatibility Plan which calls for reduced square footage where possible. Roberts, seconded by Song, to approve the Variance. Commissioner Moruzzi stated he cannot support granting a variance and agreed with staffs reasoning. Commissioner Hirschbein thinks it would be a "stretch" to make Findings 1 and 2, based on the zoning code. AYES: SONG, ROBERTS NOES: AYLAIAN, ERVIN, HIRSCHBEIN, MORUZZI, WEREMIUK Mr. Blaze stated they would prefer continuing the item instead of denying it. Aylaian, seconded by Hirschbein to continue this item to a date uncertain. AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MORUZZI, SONG, ROBERTS, WEREMIUK 2B. THE COLE MOTOR LODGE LLC FOR A CONDITIONAL USE PERMIT AND A LAND USE PERMIT TO OPERATE A RESTAURANT AND BAR AT THE EXISTING HOTEL PROPERTY LOCATED AT 2323 NORTH PALM CANYON DRIVE, ZONE C1, SECTION 3 (CASE NOS. 5.1534 CUP & 21-049 LUP) (RB) Chair Weremiuk requested adding a condition in the event the applicant has outside music. Chair Weremiuk opened the public hearing and there being no speakers the public was closed. Roberts, seconded by Weremiuk to approve with added condition: 1. Applicant shall maintain outside music at a level where customers can have conversations. a Planning Commission Minutes September 22, 2021 City of Palm Springs AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MORUZZI, SONG, ROBERTS, WEREMIUK A recess was taken at 7:44 p.m. The meeting resumed at 7:54 p.m. Commissioner Song noted her abstention on Item 4A due to a business conflict of interest and left for the remainder of the meeting. 2C. CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT TO AMEND CHAPTER 94.05 OF THE ZONING CODE TO ALLOW RESIDENTIAL DENSITIES ON PROPERTIES THAT HAVE HISTORICALLY BEEN ALL PERMITTED ON HOTEL OR COMMERCIAL SITES (CASE 5.1539 ZTA) (DN) Aylaian, seconded by Moruzzi to continue to a date certain of October 13, 2021. AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MORUZZI, ROBERTS, WEREMIUK ABSENT: SONG 2D. MODLIN HOMES, LLC, FOR THE CHANGE OF ZONE OF AN UNDEVELOPED 1.35-ACRE PARCEL FROM RMHP (RESIDENTIAL MOBILE HOME PARK) TO R-1-C, (SINGLE-FAMILY RESIDENTIAL) AND A TENTATIVE PARCEL MAP (TPM 38065) TO SUBDIVIDE THE PARCEL INTO FOUR (4) SINGLE-FAMILY RESIDENTIAL LOTS LOCATED AT THE NORTHWEST CORNER OF SUNNY DUNES AND SUNRISE WAY, ZONE RMHP (CASE NOS. 5.1517-CZ & TPM 38065) (ER) Moruzzi, seconded by Roberts to continue to date uncertain. AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MORUZZI, ROBERTS, WEREMIUK ABSENT: SONG 3. UNFINISHED BUSINESS: NONE 4. NEW BUSINESS: 4A. COACHELLA VALLEY HOUSING COALITION FOR A FINAL DEVELOPMENT PLAN FOR VISTA SUNRISE II RELATED TO PLANNED DEVELOPMENT DISTRICT (CASE 5.0934 PDD 281) FOR THE CONSTRUCTION OF A SIXTY-ONE (61) UNIT SPECIAL NEEDS HOUSING COMPLEX LOCATED AT 1695 NORTH SUNRISE WAY, ZONE P/R2, SECTION 11 (GM) Commissioner Song recused herself from this item. 3 Planning Commission Minutes September 22, 2021 City of Palm Springs Associate Planner Mlaker presented details of the proposed project. Mr. Mlaker reported the new median will not allow a left turn into the complex and would not be constructed until the DAP campus expansion occurs. He explained that there's a timing issue relative to the mid -block crossing and staff is requesting a study. Commissioner Hirschbein expressed concerns people will jaywalk to the shopping center and recommended incorporating a pedestrian crosswalk in the final build -out. Chair Weremiuk opened the public hearing: MARY ANN YBARRA, Coachella Valley Housing Coalition, discussed the organization and introduced the development team. She reported they have secured 100% financing for project development; and noted the complex will include units for homeless individuals and addressed the next steps. CARL BAKER, Desert Aids Project, requested the Commission's approval; and noted they are ready to proceed with the project as soon as possible. He reported there should be no delays in relation to Phase 2. REUEL YOUNG, Interactive Design Corporation, said they are days away from submitting the final construction documents and indicated the park is not strictly a dog park. He provided details on installation of the bike racks, charging stations, crosswalk, compliance with net zero energy standards, expanded carports and the rationale for adding a foot to the height of the building. JEREMY FRANCINNI, Michael Baker International, was available for questions regarding the landscape design. RICH VAUGHN, Michael Baker International, reported the existing drainage basin is being completely reconfigured. Discussion followed regarding the shade trees, opportunities to shift the trees towards the sidewalk, planting 36" box trees, the use of grass and decomposed granite in the park and opportunities for changes for additional affordable housing. Commissioner Aylaian reiterated concerns with the crosswalk. Engineering Associate Minjares discussed the challenges in connection with the proposed median. Commissioner Hirschbein opposed a barricade in the street median as one of the options for increased pedestrian safety. Vice Chair Roberts suggested trusting the City's engineers in finding a solution to the pedestrian crosswalk. Planning Commission Minutes September 22, 2021 City of Palm Springs Weremiuk, seconded by Roberts, to approve the final development plan with added conditions: 1. Allow thirty-one feet in height to conform with what is being built; 2. Trees to be placed close to North Sunrise Way as possible to provide shading of the sidewalk. 3. The east portion of the retention/dog park to contain 75% of the area as grass. AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MORUZZI, ROBERTS, WEREMIUK ABSTAIN: SONG Commissioner Song returned to the meeting. 5. DISCUSSION: 5A. CONSIDERATION OF SUBMITTING PRIORITIES/AREAS OF FOCUS FOR THE CITY COUNCIL VISIONING SESSION Development Services Director Fagg presented details of the report. Commissioner Hirschbein spoke about the need for urban design and the possibility of hiring a consultant with that expertise. Vice Chair Roberts agreed with Commissioner Hirschbein's comments adding that could be comprised of subcommittees and/or community meetings and priorities should include the Housing Element and updating the Zoning Code. Commissioner Moruzzi commented on the extensive list. Commissioner Song suggested a green shade program as part of the Zoning Code, review opportunities for developments near area transit, consider additional housing opportunities in connection with economic development and increased retail businesses and eliminate minimum square foot requirements. Commissioners Aylaian and Ervin had no additions to make to the list of priorities Chair Weremiuk spoke about having a dedicated staff member to work on long-range planning. Commissioner Hirschbein chose his two priorities as updating the Housing Element and visioning related to urban design. Vice Chair Roberts listed the Housing Element and updates to the Zoning Code as his two priorities and thinks urban design is something the Planning Commission could initiate as a special project. 7 Planning Commission Minutes September 22, 2021 City of Palm Springs Commissioner Moruzzi fisted the Housing Element and updates to the Zoning Code as his two priorities and commented the need to work on design guidelines. Commissioner Song listed the Housing Element and updating the Zoning Code as her two priorities. Commissioners Aylaian and Ervin agreed with the Housing Element and updating the Zoning Code as the top two priorities. Chair Weremiuk listed the Housing Element and updating the Zoning Code but also thinks updating the General Plan should be a priority as well as economic development for the north side of the City as well as increased maintenance. Vice Chair Roberts suggested streamlining or combining the AAC and the Planning Commission. Chair Weremiuk suggested the need for a sufficient consulting budget. Commissioner Aylaian spoke about streamlining public hearings and suggested limiting the number of public hearings per meeting. She suggested the idea of having five commissioners instead of seven. Commissioner Song suggested considering why there is a need for a final PVD review and approval on PD applications. Direction to staff was provided. No action was taken. PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS: • Attorney Priest summarized SB 9 and SB 10. PLANNING DIRECTOR'S REPORT: • Development Services Director Fagg reported on Planning Commission actions that have been appealed. ADJOURNMENT: The Planning Commission adjourned at 9.53 pm to 5:30 pm, Wednesday, October 13, 2021, 3200 East Tahquitz Canyon Way. —9. L2� Davit! Newell, AICP Assistant Director of Planning A