HomeMy WebLinkAbout2021-12-08 PLANNING COMMISSION MINUTESPLANNING COMMISSION MINUTES
DECEMBER 8, 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 5:32 pm.
ROLL CALL:
Present: Aylaian, Ervin, Hirschbein, Moruzzi, Vice Chair Roberts, Chair
Weremiuk
Staff Present: Development Services Director Fagg, Assistant Planning Director
Newell, Attorney Priest, Administrative Coordinator Hintz, Engineering
Associate Minjares, Associate Planner Kikuchi, Associate Planner
Mlaker, Assistant Planner Perez, Principal Planner Robertson
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, Thursday, December 2, 2021, and posted on the
City's website as required by established policies and procedures.
ACCEPTANCE OF THE AGENDA:
Aylaian, seconded by Hirschbein to accept the Agenda, as presented.
AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MORUZZI, ROBERTS, WEREMIUK
PUBLIC COMMENTS:
CLAIRE ROGERS asked about the status of her project on the agenda relative to the Cat
Cafe.
The following persons spoke in reference to Items 4B and 4C:
NEALL MCCLELLAN, reported the property owner owns five adjacent lots and is a
corporation versus an individual. He thinks an environmental assessment should be done
based on five lots and not on two individual lots.
Planning Commission Minutes
December 8, 2021
City of Palm Springs
JOSEPH BURKE, stated that Crest View and Ridge Road are extremely narrow roads;
and expressed concerns about the impact of the proposed homes which are incompatible
with other homes in the area.
KEITH BURNS, nearby owner, expressed concerns that the proposed homes on Crest
View will block his view due to roof heights. He reported the architect offered to take five
feet off the height, but the new floor plans indicate they have taken three feet off the
height.
AMANDA ROSS, nearby resident, agreed with prior speakers and requested the Planning
Commission not make a decision on the projects until an environmental assessment is
completed.
JIM DUNN, agreed with previous speakers; and expressed concerns regarding the size of
the development. He suggested building a variety of designs with architecture that will
complement the neighborhood.
KIM MCNULTY, expressed concerns regarding the size of the proposed homes; and noted
they are not compatible with existing homes in the neighborhood. She requested an
environmental assessment be done on these properties.
LUCIEN WOLF, agreed with previous testimony, and requested a mockup of the proposed
homes be done to review the volume and determine the impacts to views.
There being no further speakers' public comments was closed.
1. CONSENT CALENDAR:
1A. APPROVAL OF MINUTES: FEBRUARY 10, 2021, APRIL 14, 2021,
MARCH 24, 2021, SEPTEMBER 1, 2021, NOVEMBER 17, 2021
Commissioner Hirschbein requested revisions to comments he made on the minutes of
November 17, 2021 relative to the Zone Text Amendment and the Desert Aids project.
Weremiuk, seconded by Hirschbein, to approve minutes with correction to the November
17, 2021 minutes. (Noting Commissioner Aylaian's abstention on the minutes of February
10, 2021, April 14, 2021 and March 24, 2021 and Commissioner Hirschbein's abstention
on the minutes of April 14, 2021.)
AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MORUZZI, ROBERTS, WEREMIUK
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December S, 2021
City of Palm Springs
2. PUBLIC HEARINGS:
2A. BEVERAGE & MORE, INC. (DBA BEVMOI) FOR AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 5.1392 TO MODIFY OPERATING
HOURS OF AN EXISTING LIQUOR STORE LOCATED AT 333 SOUTH
PALM CANYON DRIVE, SUITE 4 (APN: 513-203-013), ZONE CBD (CASE
5.1392 CUP AMND) (NK)
Associate Planner Kikuchi narrated a PowerPoint presentation with details of the
amendment as outlined in the staff report.
Chair Weremiuk opened the public hearing.
BILEGT BAATAR, narrated a PowerPoint presentation regarding the proposed digital
delivery service.
There being no further speakers the public hearing was closed.
Discussion followed regarding offering a wider range of products, local sourcing, the
proposed security system, the delivery zone radius, the rationale for requesting a 6:00 a.m.
start time for liquor and the proposed parking plan.
Chair Weremiuk summarized discussions including adding a condition for a security plan
and camera locations to be approved by the Director of Development Services and the
Palm Springs Police Department and making delivery services contingent upon resolving
light spillage issues.
Weremiuk, seconded by Roberts, to approve with added conditions:
1. Delivery vehicle parking and loading and unloading of goods shall not block
any driveway and/or disrupt the traffic circulation within the parking lot.
2. The permittee shall be directly responsible for the conduct of any employee or
of any third -party contractor who provides delivery service of alcoholic products
that is authorized by this conditional use permit on the permittee's behalf.
3. Security plan and camera locations shall be approved by the Director of
Development Services in consultation with the Police Department.
4. Commencement of delivery service shall be contingent upon the resolution of
the glare/light spillage issue.
AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MORUZZI, ROBERTS, WEREMIUK
2B. HECATE ENERGY DESERT STORAGE 1 LLC, ON BEHALF OF 979
GENE AUTRY LLC (PROPERTY OWNER), FOR A CONDITIONAL USE
PERMIT TO DEVELOP AND OPERATE A 20-MEGAWATT BATTERY
STORAGE FACILITY IN A 20,836-SQUARE FOOT LEASED AREA ON
Planning Commission Minutes
December 8, 2021
City of Palm Springs
THE SOUTHERN END OF A LARGER DEVELOPED 3.6-ACRE SITE
INTERCONNECTING TO EISENHOWER SUBSTATION LOCATED AT 979
SOUTH GENE AUTRY TRAIL, ZONE M-1 (CASE 5.1542 CUP) (GM)
Associate Planner Mlaker narrated a PowerPoint presentation with details of the proposed
project as outlined in the staff report.
Commissioner Hirschbein expressed concerns regarding the long-term viability of the
project and proper disposal of batteries and discussed the possibility of the City imposing a
bond under the CUP to facilitate disposal of batteries when they no longer function.
Attorney Priest responded that disposing of large batteries poses an unusual circumstance
and under this case, a bond condition would be appropriate.
Commissioner Hirschbein said he would rely on a consultant/professional to determine the
appropriate amount of a bond to cover the cost of battery disposals.
Commission Roberts thinks the issue of disposing batteries after their functional use would
be an issue between the property owner and the tenant.
Chair Weremiuk opened the public hearing:
JAMES DAMON, Director of Development, introduced the development team and
discussed operations. Mr. Damon addressed battery disposal and provided details on the
security plan and undergrounding transference of power. He responded to questions from
the Commission.
SHRUTI RAMAKER, Stantec project manager, reviewed details of the environmental
review.
UMUT OZDOGAN, Honeywell project engineer, was available to answer detailed technical
questions.
There being no further speakers the public hearing was closed.
Commissioner Moruzzi spoke in support of imposing a bond.
Director Fagg proposed adding a condition as follows: The applicant shall provide a bond
in an amount determined by the Director of Development Services for removal of batteries
at the end of their useful life.
Chair Weremiuk recommended that the ARC require 3/8-inch gravel instead of
decomposed gravel and plantings behind the trees be added to assist in screening the
wall.
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City of Palm Springs
Vice Chair Roberts suggested adding vines on the wall, a minimum of 36" box trees and
requiring an irrigation plan.
Chair Weremiuk recommended requiring a security plan approved by the Director of
Development Services and the Palm Springs Police Department.
Vice Chair Roberts recommended staff review the project to determine if a security plan is
needed.
Roberts, seconded by Aylaian, to approve with added conditions:
1. Developer to provide a performance bond for the specific purpose of battery
removal costs in an amount as determined by the Director of Development
Services.
2. Provide a security plan to be reviewed by City Staff.
3. Recommendations to Architectural Review Committee:
A. Ground cover to be a minimum of 3/8-inch gravel or larger.
B. Provide plants that will soften the perimeter wall such as climbing vines or
other plant material.
C. Palo Verde trees to be 36" box in size.
D. Provide irrigation plan.
AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MORUZZI, ROBERTS, WEREMIUK
2C. SANBORN ARCHITECTURE, ON BEHALF OF ALURE PALM SPRINGS,
LLC, FOR AN AMENDMENT TO FINAL DEVELOPMENT PLANS FOR
PLANNED DEVELOPMENT DISTRICT 309 AND MAJOR
ARCHITECTURAL APPROVAL FOR THE CONSTRUCTION OF TWENTY-
SIX (26) SINGLE-FAMILY RESIDENCES ON A 4.1-ACRE PARCEL
LOCATED AT THE SOUTHWEST CORNER OF ROSA PARKS ROAD
AND EL DORADO BOULEVARD, ZONE PD-309 (CASE 5.1037 PD 309
AMND / 3.4286-MAJ) (ER)
Weremiuk, seconded by Roberts, to continue to date certain of January 26, 2022.
AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MORUZZI, ROBERTS, WEREMIUK
2D. 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
PERMITTED ON HOTEL OR COMMERCIAL SITES (CASE 5.1539 ZTA)
(DN)
Weremiuk, seconded by Aylaian, to continue to date certain of January 12, 2022.
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AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MORUZZI, ROBERTS, WEREMIUK
3. UNFINISHED BUSINESS: NONE.
Chair Weremiuk called for a recess at 7:20 p.m. The meeting reconvened at 7:30 p.m.
4. NEW BUSINESS:
4A. GEORGE YOUSEF FOR- A MAJOR DEVELOPMENT PERMIT
APPLICATION TO CONSTRUCT A ONE-STORY, 3-UNIT APARTMENT
COMPLEX ON AN UNDEVELOPED PARCEL LOCATED AT 617 SOUTH
MOUNTAIN VIEW DRIVE, ZONE R-2 (CASE 3.4270 MAJ) (AP)
Director Fagg reported this application is the first that will be processed under the new
architectural review process; and noted that the Planning Commission will be approving
the development permit and then the ARC will review the project to refine architectural
details.
Assistant Planner Perez presented the proposed project as outlined in the staff report.
Commissioner Moruzzi noted the project is permitted, by right and asked why the project is
being reviewed by the Planning Commission. Planner Perez responded this is a multi-
family building and therefore subject to the Planning Commission's review.
Vice Chair Roberts asked about the intended use for the development. Planner Perez
responded this application is a multi -family building and will not be used as a vacation
rental.
Vice Chair Roberts provided direction to the ARC: to work closely on the landscaping and
on the facades and ensure the applicant is aware that it cannot be used as a vacation
rental, at any time.
Commissioner Hirschbein added direction to the ARC to ensure the design is satisfactory.
Chair Weremiuk gave further direction to the ARC review: ensure the planters are
appropriate for the proposed trees and the decomposed gravel should be a minimum of
3/8-inch gravel, compacted and review the colors and architecture.
Roberts, seconded by Ervin, to approve with added conditions:
1. Increase the size of the three (3) parking lot shade trees to 36" box.
2. Replace decomposed granite (DG) with a 3/8-inch gravel -based covering.
3. Enhance the architectural features to the main building with a variety of
colors and elements.
4. Rental: The apartment complex cannot be used as a vacation rental.
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City of Palm Springs
AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MORUZZI, ROBERTS, WEREMIUK
ITEMS 4B AND 4C WERE HEARD CONCURRENTLY:
4B. ERIC HAWKINS OF HAWKINS AND MARSHALL, ON BEHALF OF
CARMELITA PROPERTIES LIMITED, FOR MAJOR ARCHITECTURAL
AND ADMINISTRATIVE MINOR MODIFICATION APPLICATIONS TO
CONSTRUCT A 4,051-SQUARE-FOOT SINGLE-FAMILY RESIDENCE ON
A 15,173-SQUARE-FOOT HILLSIDE PARCEL LOCATED AT 310 WEST
CRESTVIEW DRIVE (APN: 513-361-024), ZONE R-1-C (CASE 3.4215 MAJ
& CASE 7.1632 AMM) (NK)
Vice Chair Roberts requested staff provide history of subject property.
Chair Weremiuk requested additional views of the property looking across the ravine
Planner Kikuchi provided a PowerPoint presentation of the proposed projects, a brief
history of sites and summarized the ARC'S recommendations.
Discussion followed regarding information regarding the vulnerability of the sites, and
existing wildlife, sightings of bighorn sheep, drainage and hydrology issues, concerns that
the proposed projects are not compatible with the existing neighborhood, the size of the
proposed homes compared to neighboring homes, protecting footings from erosion,
leaving the slope as natural as possible, requesting story poles to evaluate project heights,
concerns with vehicular access for emergency vehicles during the construction period and
information regarding the highest point of the proposed homes from street grade.
Associate Engineer Minjares reported there are two hydrology issues: the bottom of the
canyon and a drainage issue on Crestview. The hydrology needs to expand quite a
distance away to correct the flows. He stated one of the concerns is on the bottom part of
the property, once the hydrology report is done, they will be able to come up with
mitigations on how to protect the bottom portion of the property and structural walls where
the pylons are. He indicated the biggest concern is on Crestview and the frontage with
large amount of water coming through there. Also, there's a significant amount of water
coming from the mountains they have not been able to substantiate what's happening.
Engineering staff gave the applicant direction on how to calculate it. Mr. Minjares
addressed questions from the Commission relating to the hydrology of the sites.
A recess was taken at 8:45 p.m. The meeting resumed at 8:51 p.m.
The Commission continued discussion on the second application. See below.
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December S, 2021
City of Palm Springs
Weremiuk, seconded by Hirschbein, to continue to date certain of January 12, 2022, with
direction to applicant to provide story poles and better renderings from all views.
AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MORUZZI, ROBERTS, WEREMIUK
4C. ERIC HAWKINS OF HAWKINS AND MARSHALL, ON BEHALF OF
CARMELITA PROPERTIES LIMITED, FOR MAJOR ARCHITECTURAL
AND ADMINISTRATIVE MINOR MODIFICATION APPLICATIONS TO
CONSTRUCT A TWO-STORY 4,075-SQUARE-FOOT SINGLE-FAMILY
RESIDENCE WITH THE MAXIMUM BUILDING HEIGHT OF 26.8 FEET ON
A 11,206-SQUARE-FOOT HILLSIDE PARCEL LOCATED AT 322 WEST
CRESTVIEW DRIVE (APN: 513-361-003), ZONE R-1-C, (CASE 3.4216
MAJ & CASE 7.1633 AMM) (NK)
Planner Kikuchi provided a PowerPoint presentation of the proposed project, brief history
of sites and summarized the ARC's recommendations.
ERIC HAWKINS, applicant, addressed questions from the Commission relating to the
approximate floor area, how far the homes will project into the canyon, changes between
the various ARC reviews, conditions imposed by the ARC, having the design go from two -
stories to one-story then back to two -stories, reduction in building height, focusing on what
is before the Commission versus the history, inclusion of covered decks in the various
submittals, floorplan calculations, floor areas for both properties, the amount of outside
decking, peer foundations, graded regions and determining the hydrology for the site.
Commissioner Hirschbein noted this is an interesting but complicated project and spoke
about needing to see story poles to determine the impacts of massing of the buildings in
the context of the ravine, slope, pad, the street and adjacent structures.
Commissioner Moruzzi agreed with Commissioner Hirschbein, as he walked the site and
thinks story poles would be helpful. Mr. Moruzzi described the Las Palmas neighborhood
that has mixed style with Spanish style and Mid -Century design and thinks what makes
Palm Springs is that they have a mix of unique styles and over time are compatible with
each. He's comfortable with the design and would like to have more information on the
projects before deciding.
Commissioner Aylaian agreed with the need to better visualize the massing and structures;
and commented that part of the beauty of the neighborhood is the variety and unexpected
architectural styles. She indicated she would like to see story poles or renderings that
illustrate the context of the homes and how they fit into the neighborhood.
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December 8, 2021
City of Palm Springs
Commissioner Ervin said he understands the massing and acknowledged the concerns of
the community.
Chair Weremiuk stated she would not vote for the projects, as presented. Ms. Weremiuk
said she would support a flatter pad and would like to see the two houses different from
each other. She voiced concerns with the project being too close to the ravine and with
massing. Additionally, she noted she'd like to see story poles and renderings; and noted
concern about the existing wildlife.
Vice Chair Roberts said the proposed are both modern houses and different. Mr. Roberts
pointed -out the diversity of the neighborhood; and discussed the size and scale. He
acknowledged the neighbor concerns but noted these are privately -owned parcels that
have been vacant for years. He thinks the additional renderings would help and agreed
with the recommendations of the ARC.
Weremiuk, seconded by Hirschbein, to continue to date certain of January 12, 2022, with
direction to applicant to provide story poles and better renderings from all views.
AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MORUZZI, ROBERTS, WEREMIUK
Commissioner Aylaian encouraged the applicant to meet with the neighbors to address
their concerns.
Chair Weremiuk requested that the applicant meet with the neighbors and address their
concerns.
STEPHEN MARSHALL, stated they have already provided a neighborhood outreach
meeting and have been working on design issues for seven months now.
Commissioner Hirschbein thinks many of the complaints from neighbors are based on
misinformation and the fact that they do not want anything built on the properties.
Vice Chair Roberts concurred with Commissioner Hirschbein's comments.
Chair Weremiuk withdrew her request.
4D. REQUEST BY CLAIRE ROGERS FOR A DETERMINATION THAT A CAT
CAFE USE IS SIMILAR TO OTHER USES PERMITTED IN THE CBD
(CENTRAL BUSINESS DISTRICT) ZONE (CASE NO. 10.484 DET) (FF)
Director Fagg provided an overview of the proposed project as outlined in the staff report.
Discussion followed regarding other zones where a cat cafe would be allowed and the
need for the cafe to be in an area were there is foot traffic.
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Hirschbein, seconded by Roberts, to approve the request and determine the use is similar
to other permissible uses in the CBD (Central Business District) and C-1 (Retail Business)
zones.
AYES: AYLAIAN, ERVIN. HIRSCHBEIN. MORUZZI, ROBERTS, WEREMIUK
PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS:
• Update on the Inclusionary Housing Ordinance.
• Update on establishment of a Fulfillment Center Subcommittee to create criteria for
fulfillment centers and present to the City Council on January 13, 2022.
• Update on status of the demolition of non -historic buildings at the Orchid Tree.
• Vice Chair Roberts suggested including the name and contact information of the
appropriate planner on the agenda. Director Fagg responded the Planner's initials
are included in the project description on the agenda.
• Commissioner Hirschbein acknowledged former Commissioner Maria Song and
wished her the best. Additionally, he urged the Chair of the ARC to provide clear
direction to applicants so that they can move forward with their projects, confidently.
PLANNING DIRECTOR'S REPORT:
• Director Fagg reminded the Commission about a study session, next week,
beginning at 4:00 p.m.
ADJOURNMENT:
The Planning Commission adjourned at 10:23 pm to a Study Session on Wednesday,
December 15. 2021 at 4:00 p.m., 3200 East Tahquitz Canyon Way.
David Newell, AICP
Assistant Planning Director
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