HomeMy WebLinkAbout2007-04-11 PC MinutesCITY OF PALM SPRINGS
PLANNING COMMISSION MINUTES
April 11, 2007
Council Chamber, City Hall
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
CALL TO ORDER: The meeting was called to order at 1:30 p.m.
ROLL CALL: Present
Present
Year: FY 2006/2007
This Meeting:
to Date:
Excused Absences:
Chair Marantz X
19
1
Vice Chair Hochanadel X
19
1
Cohen X
16
4
Ringlein X
17
3
Hutcheson X
18
2
Caffery X
16
1
Scott X
17
0
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 5:00 p.m. on Friday, April 6, 2007.
1. PUBLIC COMMENTS: (Three minute time limit.)
Chair Marantz opened Public Comments and there being no comments, Public
Comments was closed.
CONSENT AGENDA:
Commissioner Scott requested Item 2D pulled from the Consent Agenda for further
discussion.
Commissioner Ringlein requested Items 2C and 2D pulled from the Consent Agenda for
further discussion.
M/S/C (Hutcheson/Cohen, 7-0) To approve, Items 2A and 26 as part of the Consent
Agenda.
City of Palm Springs
Planning Commission Minutes of
April 11, 2007
2A. Draft minutes of March 7, 2007. Approved, as part of the Consent Agenda..
2B. Case 3.2064 SFR - Time Extension - An application by G. Mike Nichols
requesting a two year time extension to construct an approximate 5,409
square foot single family residence located at 2242 North Palermo Drive,
Zone R-1-13, Section 3, APN: 504-191-010. (Project Planner: Bryan
Fernandez, Assistant Planner) Approved, as part of the Consent Agenda.
2C. Case 5.1015 CUP / 7.1138 AMM / TTM 32378 Time Extension - An
application by Pacific Commercial Construction Inc. requesting a one year
time extension for a Conditional Use Permit and a Tentative Tract Map to
construct 11 condominium units on approximately .092 acres located at 500
East Palm Canyon Drive, Zone R-3, Section 23, APN: 508-353-037 and 038.
(Project Planner: David Newell)
Staff indicated the expiration date for the commencement of construction is February 9,
2008 and no changes have been made to the required improvements.
M/S/C (Scott/Ringlein, 7-0) To approve Case 5.1015 CUP and 7.1138 AMM, and
recommend approval to the City Council for a one-year time extension for TTM 32378.
2D. Case 3.2879 MAJ - An application by Roger Evans to construct an
approximate 7,920 square foot warehouse building located at 4589 Sunny
Dunes Road, Zone M-1, Section 19, APN: 680-160-036. (Project Planner:
David Newell, Assistant Planner)
David Newell, Planning Assistant, provided background information as outlined in the
staff report dated April 11, 2007.
Commissioner Scott referenced a letter of objection which was received from an
adjacent property owner relating to outdoor parking which has not been adequately
addressed. He stated a concern with the indoor parking spaces and no requirement for
the rear and side -year setbacks.
Commissioner Caffery noted that metal buildings which have been previously permitted
have been conditioned to include a block wall surrounding the building or architectural
embellishments to resemble a standard building; none of which have been provided for
in this project. Commissioner Ringlein concurred. Vice Chair Hochanadel concurred, in
addition, noting his concern with the indoor parking and future uses for this building.
Staff responded that parking is required to be provided on -site and does not specify to
whether indoor or outdoor. The parking has been calculated for this building
for warehouse uses. No other use such as manufacturing or commercial is allowed.
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Planning Commission Minutes of
April 11, 2007
Commissioner Hutcheson suggested guest parking be provided for this building to avoid
vehicles using adjacent tenant parking spaces; he recommended further modifications.
M/S/C (Caffery/Cohen, 7-0) To continue, with direction to staff to re -send to the
Architectural Advisory Committee for further study to:
"Outdoor parking spaces,
"Exterior elevations and enhancements.
MISCELLANEOUS:
3. SP 07-014 - An application by David Bell for Tramway Industrial Center
requesting a sign program for one monument sign and individual tenant
signage within the complex located at 370 West San Rafael Drive, Zone M-1,
Section 34, APN: 669-452-025. (Project Planner: Scott Taschner, Planning
Technician)
Chair Marantz stated she would be abstaining due to a business related conflict of
interest and would not participate in the discussion and vote. She left the Council
Chamber at 1:49 p.m.
Scott Taschner, Planning Technician, provided background information as outlined in
the staff report dated April 11, 2007.
M/S/C (Scott/Ringlein, 6-0, 1 abstain/Chair Marantz) To approve, subject to Conditions
of Approval.
Chair Marantz re-entered the Council Chamber at 1:53 p.m.
PUBLIC HEARINGS:
4. Case 3.2802 MAJ / 6.495 VAR - An application by Michael Chait, C2G
Architects, on behalf of Knollwood Partnership, to construct two
commercial/industrial buildings with off-street parking and associated
landscaping and a variance for the reduction of the rear and side yard
setbacks located at 890 North Gene Autry Trail, Zone W-M-1-P, Section 7,
APN: 677-260-027. (Project Planner: Fred Lowndes, Associate Planner)
(Continued from the March 28, 2007 Planning Commission Meeting)
Fred Lowndes, Associate Planner, stated the adjacent property owner, The Desert Sun,
is currently in the process of drafting an access agreement with the applicant and the
engineering department has submitted conditions #3 and #4 addressing the access
agreement.
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City of Palm Springs
Planning Commission Minutes of
April 11, 2007
Commissioner Caffery stated he has a business related conflict of interest with the
applicant's counsel, Mr. Baron, and he would not participate in the discussion and vote.
He left the Council Chamber at 1:56 p.m.
Fred Lowndes provided background information as outlined in the staff report dated
April 11, 2007.
Chair Marantz opened the Public Hearing:
-David Baron, representing the applicant, stated they are in the process of working out
the access agreement with The Desert Sun and are in agreement with conditions #3
and #4.
There being no further appearances, the Public Hearing was closed
Vice Chair Hochanadel noted at the previous meeting all the aspects pertaining to the
setbacks were discussed and the only item of concern was the access agreement which
has been addressed.
M/S/C (Vice Chair Hochanadel/Hutcheson, 6-0, 1 abstain/Caffery) To approve, subject
to Conditions of Approval,
Commissioner Caffery re-entered the Council at 2:04 p.m.
5. Case 5.1143 CUP - An application by Vem Wright, PS Wine to allow the sale
of alcohol for on -site consumption in a wine and cheese shop located at 188
South Indian Canyon Drive, Zone C-2, Section 15, APN: 508-081-003,
(Project Planner: Bryan Fernandez, Assistant Planner)
Bryan Fernandez, Planning Assistant, provided background information as outlined in
the staff report dated April 11, 2007.
Chair Marantz requested staff address the regulation of alcohol pertaining to outdoor
seating and the parking situation. Staff responded outdoor seating has not been
proposed and feels the parking is sufficient.
Chair Marantz opened the Public Hearing and there being no appearances the Public
Hearing was closed.
M/S/C (Vice Chair Hochanadel/Ringlein, 7-0) To approve, subject to Conditions of
Approval.
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City of Palm Springs
Planning Commission Minutes of
April 11, 2007
6. Case 6.497 VAR - An application by George and Donna Moore to allow an
existing single-family dwelling addition constructed without permits within
the required 15 foot setback located at 1590 Paseo El Mirador, Zone R-1-C,
Section 11, APN: 507-122-004. (Project Planner: David Newell, Planning
Technician)
Edward Robertson stated after discussion with the applicant's attorney there was a
mutual agreement to continue this item indefinitely pending a meeting between staff and
the applicant.
Chair Marantz opened the Public Hearing, and there being no appearances, the Public
Hearing was closed.
M/S/C (Hutcheson/Vice Chair Hochanadel, 6-0, 1 abstain/Caffery) To continue, to an
indefinite date.
7. Case TTM 34627 - An application by The Loftin Finn on behalf of the owners
to subdivide the existing 184 space rental mobile home park, Palm Springs
View Estates Mobile Home Park, into a condominium park. The site is an
approximate 25.9-acre and is located at 6300 Bolero Drive, Zoned R-MHP,
Section 29, APN;s: 681-270-003, 681-270-007 & 681-310-018. (Project
Planner: Fred Lowndes, Associate Planner)
Fred Lowndes, Associate Planner, provided background information as outlined in the
staff report dated April 11, 2007. He stated that all residents will be afforded the
opportunity to either buy the space on which their mobile home is situated or continue to
rent the space.
Chair Marantz requested staff address condition #7 regarding portions of the mobile
home park which are not provided with a sewer system. Marcus Fuller, Assistant
Director of Public Works, responded that the records for this mobile home park, built in
the late 1960's, could not confirm that all of the park is connected to the public sewer
system. Therefore he recommended condition is proposed.
Chair Marantz opened the Public Hearing:
.The following persons spoke in support of the proposed project:
-Jon Rodrigue and Jacob Gould, representing the applicant, The Loftin Firm, provided
an overview of the mobile home park using a power point presentation. Mr. Rodrigue
provided further details relating to the benefits of the conversion process, the relevant
agencies, the Tenant Impact Report (TIR), City Rent Control vs. State
Rent, the emergency access and the sewer system.
City of Palm Springs
Planning Commission Minutes of
April 11, 2007
The following persons spoke in opposition of the proposed project:
-Bob Slagle, Palm Springs, voiced concerns on a separate TIR hearing and
summarized discrepancies on the application.
-Cal Hackler, Palm Springs, voiced concern with errors on the table for the low-income,
surrey date; and indicated 66% of residents do not support the conversion.
-Dick Matthews, Palm Springs, voiced concerns relating to the wash easement
and indicated this would place a hardship on the owners.
-Erma Orsino, Palm Springs, concerned with the airplane noise which has affected the
resale value.
-Eddie Scott, Palm Springs, requested delay in approval of this project; spoke about
substandard lots and overhead utility lines.
-Don Leeker, Palm Springs, submitted photographs pertaining to the run-off water with
mosquitoes in this area affecting health & safety.
-Melinda Woolley, Palm Springs, voiced concerns with the displacement of many
residents.
-Tom Bennett, Palm Springs, stated most of the residents are in their golden years and
requested postponement of the project.
There being no further appearances the Public Hearing was closed.
Craig A. Ewing stated he spoke with the City Attorney regarding the Community
Facilities District and indicated this condition need to be imposed since no new units are
being created.
Chair Marantz noted her concerns with the 40 year facility and the infrastructure
problems.
Commissioner Ringlein requested the applicant address the tenants right to continue to
rent indefinitely. Jon Rodrigue provided further details relating ownership of land, the
condominium overly and the renter's and owner's rights.
Chair Marantz stated she did not feel she has enough information to make a decision at
this point.
Commissioner Caffery clarified the Commission's role for this project is acceptance of
the findings staff has provided. He summarized the findings and noted all the questions
and concerns which have been brought up are State regulated. Craig A. Ewing
responded that the internal improvements of the park are regulated by the State which
prevent local involvement. Commissioner Caffery suggested a continuance with the
City Attorney present to provide the Commission with the law. Otherwise he felt the
conditions of approval met the findings.
City of Palm Springs
Planning Commission Minutes of
April 11, 2007
Craig A. Ewing stated if there is an area of uncertainty on the Commissions part relating
to an updated Tenant Impact Report (TIR) this may be an issue to explore at a future
meeting.
Commissioner Hutcheson stated he prefers further clarification regarding the
easement rather than adding a condition.
M/S/C (Caffery/Scott, 7-0) To continue, to an indefinite date, as amended:
"The City Attorney to be present.
'The City Attorney to advise the Commission on the submittal of an updated Tenant
Impact Report.
"Clarification on the easement location.
A recess was taken at 3:32 p.m. The meeting resumed at 3:43 p.m.
8. Case 5.1127 MAJ / GPA / PDD 332 - An application by Khalil Ailabouni for a
proposed General Plan Amendment to reclassify existing land use of L-6
and M15 to GC (General Commercial) and a Change of Zone from R-G-A(6)
and R-2 to Planned Development District (PD-332) to establish new design
standards and guidelines for the development of a retail commercial and
office complex to be located at 3201 North Indian Canyon Drive, Zoned R-G-
A-6 and R-2, Section 3, APN's: 504-121-005; 006 and 010. (Project Planner:
Fred Lowndes, Associate Planner)
Fred Lowndes, Associate Planner, provided background information as outlined in the
staff report dated April 11, 2007.
Chair Marantz requested staff address the surrounding areas and questioned the area
toward the west of this property and the setbacks. Staff responded that the property
towards the west is a single family residence and the remaining parcels are vacant.
Chair Marantz opened the Public Hearing.
-William Kleindienst, WWCOT/Mills Architects, provided details pertaining to the
distance from the residential area, landscaping, height, the elevator shaft, the
meandering bike path and setbacks. He summarized a request for modification and/or
deletion of conditions.
-Khris Benz, spoke in support of this project; stating this project will revitalize this area
of the city.
-Phillip Trail, Palm Springs, spoke in support of this project, and stated this area is in
need of commercial services.
There being no further comments, the Public Hearing was closed.
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City of Palm Springs
Planning Commission Minutes of
April 11, 2007
Commissioner Hutcheson requested the applicant address any solar features
incorporated into the project. William Kleindienst responded this building is not LEED
certified however they will be meet or exceed Title 24 requirements.
The Commission discussed storefront windows blocked with storage, the height and
mechanical screening for the elevator.
M/S/C (Vice Chair Hochanadel/Cohen, 7-0) To adopt the draft Negative Declaration and
approve Case 5.1127 MAJ / GPA PD 332 and recommend approval to the City Council,
as amended:
"Condition #12 - "... prior to issuance of final occupancy."
*Condition #14 - delete
*Condition #25 - delete
*Condition #27, #29 and #31 - to remain in effect.
*Condition #45 - delete "30 inch stop sign" wording and stop bar and stop legend to
remain.
Commissioner Hutcheson left the meeting and exited the Council Chamber at 4:18 p.m.
9. Case 5.1151 ZTA - A request to consider a zoning ordinance text
amendment to modify Chapter 94.06.01, to allow front and side yard
setbacks on Major and Secondary thoroughfares to be reduced up to the
same amount as front and side yard setbacks on Local/Collector streets
through the Administrative Minor Modification (AMM) process. (Project
Planner: Bryan Fernandez, Assistant Planner)
Bryan Fernandez, Assistant Planner, reported a correction on Exhibit W, 1.a, the 2nd
sentence should read "Single-family dwellings on Major and Secondary thoroughfares
may be allowed a reduction of front and side yard up to the amount allowed for single-
family dwellings ..." He provided background information as outlined in the staff report
dated April 11, 2007.
Chair Marantz opened the Public Hearing and there being no comments the Public
Hearing was closed.
M/S/C (Ringlein/Cohen, 6-0, 1 absent/Hutcheson) To recommend approval to the City
Council.
10. Case 5.1147 SNC - An application by Century Vintage Homes to change the
name of North Indian Avenue to North Indian Canyon Drive beginning from
the 1-10 corridor to the end of the city limits of the City of Palm Springs,
which is approximately 0.88 miles to the north; General Plan - Major
Thoroughfare. (Project Planner: David Newell, Assistant Planner)
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City of Palm Springs
Planning Commission Minutes of
April 11, 2007
Staff requested this item be continued to the meeting of April 25, 2007.
M/S/C (Ringlein/Scott, 6-0, 1 absent/Hutcheson) To continue to the Planning
Commission meeting of April 25, 2007.
11. COMMISSION WORK PROGRAM:
*General Plan Update
"Work Program Priorities and Subcommittee Assignments
12. CITY COUNCIL ACTIONS: Update.
Staff provided an update on the upcoming projects.
13. COMMISSION/STAFF REPORTS AND REQUESTS:
Commissioner Caffery noted he may not be in attendance for the April 25th meeting.
Commissioner Ringlein noted she would not be in attendance for the April 25th
meeting. She requested staff address the status of the map indicating the location
of cell towers within the City.
Chair Marantz commented on the new cases received during March 21 st and 30th
stating there were several requests for signs such as "For Rent", "For Sale" and "For
Lease". She requested staff keep these under control.
Vice Chair Hochanadel requested staff address the history of ordinances for
"grandfathering-in" of setbacks. Staff responded it is easier to identify with individual
cases and will pull several zoning ordinances dating from the 1950's' and identify the
setbacks from those dates.
Commissioner Scott noted he would not be in attendance for the Planning Commission
meetings of April 25th, May 2nd and May 9th
Commissioner Cohen commented on cell tower co -location and the dangers of cell
tower transmission. Staff responded there are many technical problems with co -
locations for cell towers; and the federal government has reported that electro-magnetic
fields are not a basis for local review.
Craig A. Ewing reminded the Commission will hold a meeting on April 18, 2007 in the
Council Chamber and then proceed to a site tour of Smoke Tree Ranch.
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Planning Commission Minutes of
April 11, 2007
14. ADJOURNMENT: There being no further comments the meeting adjourned
at 4:45 p.m.
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