HomeMy WebLinkAbout2008/01/09 - MINUTES CITY OF PALM SPRINGS
PLANNING COMMISSION MINUTES
January 09, 2008
Council Chambers, City Hall
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
CALL TO ORDER:
The meeting was called to order at 1:33 p.m.
ROLL CALL: Present Present Year: FY 2007/2008
This Meeting: to Date: Excused Absences:
Chair Marantz X 14 2
Vice Chair Hochanadel X 16 0
Cohen X 16 1
Ringlein X 15
Caffery X 15 0
Scott X 16
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,
January 4, 2008.
ACCEPTANCE OF THE AGENDA:
The agenda was accepted, as presented.
1. PUBLIC COMMENTS: (Three minute time limit.)
Chair Marantz opened Public Comments:
-Wesley Cole, Palm Springs, spoke in regards to Item 9, voiced concern with an existing
massage establishment on Palm Canyon Drive; requested tighter restrictions to
maintain control.
There being no further comments, Public Comments was closed.
City of Palm Springs
Planning Commission Minutes
of January 9, 2008
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CONSENT CALENDAR:
Vice Chair Hochanadel noted a correction on the vicinity map for Items 2D and 2E, the
cross-street is Vista Chino Way not Palm Canyon Drive.
M/S/C (Cohen/Caffery, 6-0) To approve, Items 2A, 2B, 2C, 2D and 2E, as part of the
Consent Calendar.
2A. Draft minutes of November 7, 20007, November 14, 2007, November 28, 2007
and December 12, 2007.
Approved, as part of the Consent Calendar.
2B. Case 3.2999 SFR / 7.1215 AMM - Draft resolution of denial for a request by
Steven Van to consider are-designed single-family residence on a hillside lot
located at 360 El Portal Road, Zone R-1-B, Section, 27, APN: 513-380-078.
Approved, as part of the Consent Calendar.
2C. Case 5.0889 AMND PD 272 (Four Seasons) - A request by K. Hovnanian to
amend final development plans for Planned Development District 272
to allow four feet of tubular steel security fencing to be
installed on top of an existing 5 CMU block perimeter wall generally located
on Sunrise Way, north of San Rafael Drive, Tentative Tract Map 30058, Zone
PD 272, Section 35, APN: 669-330-050. (Project Planner: Christopher
Brown, Contract Planner)
Approved, as part of the Consent Calendar.
2D. Case 3.3165 MAJ - An application by Lalith Chandrasena to construct a
2,827 square foot professional office building on a 7,143 square foot
vacant lot located at 1865 Carriage Lane, Zone P, Section 1,
APN: 501-312-008. (Project Planner: Bryan Fernandez, Assistant Planner).
Approved, as part of the Consent Calendar.
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2E. Case 3.3166 MAJ - An application by Lalith Chandrasena to construct a
2,827 square foot professional office building on a 7,143 square foot
vacant lot located at 1815 Desert Park Avenue, Zone P, Section 1, APN: 501-
312-009. (Project Planner: Bryan Fernandez, Assistant Planner).
Approved, as part of the Consent Calendar.
MISCELLANEOUS:
3. Case RV 07-05 - A request to appeal the Planning Director's decision
denying the application for a recreational vehicle (RV) permit located at
336 West Yorba Road, Zone R-1-C, Section 3, APN: 504-
111-007. (Project Planner: Scott Taschner, Planning Technician)
Scott Taschner, Planning Technician, provided background information as outlined in
the staff report dated January 9, 2008. Mr. Taschner noted that due to the size of the
recreational vehicle and the proximity to the adjacent properties, there appeared no
option to adequately screen the vehicle.
Staff provided further details on the relocation of a wall and the additional landscaping
added to help screen the recreational vehicle.
-Jackie Swisher, applicant, stated that she purchased the property with the intention of
parking the recreational vehicle and provided details on the property improvements she
has made, totaling $10,000., to screen the R.V.
-Paul Tamko, Palm Springs, stated the applicant purchased the property with the
understanding that R.V. parking would be allowed; and indicated the applicant has
complied with the landscape improvements recommended by staff.
Vice Chair Hochanadel requested staff address the areas zoned for R.V. parking. Staff
responded that R.V. parking is available in all R-1 zones, subject to screening and
visibility limits.
M/S/C (Scott/Ringlein, 5-1/Caffery) To uphold the decision of the Planning Director.
Mr. Ewing reported this action may be appealed to the City Council.
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City of Palm Springs
Planning Commission Minutes
of January 9, 2008
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PUBLIC HEARINGS:
4. Case 5.1161 CUP-A (Gene Autry Plaza) - An application by D.R. West, LLC to
amend the existing Conditional Use Use Permit to allow a drive-
through facility and construct approximately 67,232 square feet of retail
commercial at the southeast comer of Gene Autry Trail (Highway 111) and
Ramon Road, Zone W-M-1, Section 20, APN: 680-170-044. (Project Planner:
David A. Newell, Assistant Planner)
David A. Newell, Assistant Planner, provided background information as outlined in the
staff report dated January 9, 2008.
Chair Marantz opened the Public Hearing:
-Jim Cioffi, Cioffi Architects, provided further details on the redesign of the project.
There being no further appearances, the Public Hearing was closed.
Chair Marantz commented that the statue (public art feature) on the comer of this
intersection is a great addition to this project and the entire area.
MIS/C (Scott/Ringlein, 6-0) To approve, subject to Conditions of Approval.
5. Case 5.1162 PD 342 (Palm Mountain Resort and Spa) - An application by
Palm Mountain Resort, LP, for a General Plan Amendment and
Planned Development District to renovate an existing 120 room hotel to a
188 room hotel on an approximately 2.77-acre site located at 155 South
Belardo Road, Zone R3, Section 15, APN 513-142-001. (Project Planner:
Edward O. Robertson, Principal Planner)
Lyn Calerdine, Contract Planner, provided background information as outlined in the
staff report dated January 9, 2008. Mr. Calerdine noted a correction on page 4 of the
resolution, the density should be 641 square feet not 625 square feet.
Chair Marantz re-opened the Public Hearing:
-Tim Ellis, General Manager of Palm Mountain Resort, provided further details on the
revisions made to the project pertaining to the reduction of hotel rooms, the elimination
of on-site bus parking and the utilization of compact parking spaces.
-Aftab Dada, General Manager of the Hilton Resort, emphasized the importance of
having first class, quality rooms to attract conventions to the city.
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Planning Commission Minutes
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• (Public Hearing con'td)
-Michael Estrada, on behalf of The Matchbox and The Falls, spoke in support of the
project, stating he has no concerns with the issues of height and parking; sees no
negative impact to his business and the community.
-Mark Farley, Palm Springs, spoke in support of the project, noting the importance of
having affordable rooms in the city.
-Kathy Reed, Palm Springs, real estate owner, stated that all of her downtown clients
(restaurants and stores) are excited to have additional rooms (tourist) within walking
distance to their business.
-Angelica Romero, Palm Springs, read a letter from Blair & Jason Millar and a letter
from Lee Appel, stating their support of the project.
-Jono Hildner, Palm Springs, suggested denial of the general plan amendment and
compliance with the zoning ordinance.
-Lauri Alayian, Palm Springs, on behalf of the HTCNO, stated that their endorsement is
based upon that the applicant will provide valet parking for overflow parking
and referred to the height and mass of the Palm Hotel.
-Ini Ghidrun, Slovak Baron & Empey, addressed testimony relating to the Palm Hotel,
emphasizing that these are two entirely different projects and this project should be
weighed on its own merit.
-Tracy Conrad, Palm Springs, concerned with the mass and height; recommended
compliance with the zoning regulations.
-Steve Simms, Palm Springs, stated concern with the compact parking; recommended
compliance with the zoning regulations.
- Lea Goodsell, Palm Springs, read a letter from Harold Matzner, stating his support of
the project.
-Dana Stewart and James McKinley, Palm Springs, voiced concern with approval of
projects not in conformance with the General Plan; opposed to the density and height of
the project.
-Frank Tysen, Palm Springs, voiced concern with insufficient parking indicating
the expansion should not violate parking and height restrictions.
-Craig Blau, Palm Springs, owns the Chase Hotel, directly adjacent to the south, would
like to see this project to move forward, however is concerned with the parking.
-Allen Sanborn, Rancho Mirage, project engineers and architect, clarified that the
project does meet the parking requirements and addressed the height reduction.
-Dave Johnston, Palm Springs, lives in the neighborhood and supports the
project; noting the applicant's effort in complying with the city's requirements.
-Tim Ellis, applicant, addressed testimony, provided further details on the application
submittal in relation to the General Plan update. Mr. Ellis addressed the over-flow
parking, neighborhood meetings, compact parking and the under-parking of the
adjacent neighbors.
There being no further appearances, the Public Hearing was closed.
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Commissioner Caffery noted a concern with the deletion of the in-lieu parking fees.
The Commission and staff further discussed the project's proposed on-site/off-site
parking and the city's requirements.
Commissioner Ringlein emphasized that we are a tourist community with a lack of
rooms and stressed the importance for the City Council to initiate a master parking plan.
M/S/C (Ringlein/1(MOTION FAILED DUE TO A LACK OF SECOND) To approve, the
Planned Development and recommend approval of the General Plan Amendment and
Planned Development to the City Council, subject to Conditions of Approval, as
amended:
"Revised Condition #3: On-street bus parking shall be prohibited on Tahquitz Canyon
Way, Belardo Road and Cahuilla Road. Upon delivery of bus passengers, buses shall
be parked at on off-site location outside of the downtown corridor. MOTION FAILED.
Mr. Scott suggested an in-lieu parking fee for the 39 parking spaces or below-grade
parking which would allow the increase of hotel rooms. Mr. Scott felt this is
a great hotel location and encouraged the development but not to the detriment of the
General Plan and the area.
Commissioner Caffery stated that the city does need the rooms and does not have a
concern with the height and density of the project. However, he noted a concern with
the 22 on-site parking spaces and suggested an in-lieu fee be applied to the remaining
parking spaces.
M/S/C (Ringlein/Caffery, 5-1/Scott) To approve the Planned Development and
recommend approval of the General Plan Amendment and Planned Development to the
City Council, subject to Conditions of Approval, as amended:
"Eliminate the on-street parking and replace with in lieu fees for 17 parking spaces.
"Condition #3: On-street bus parking shall be prohibited on Tahquitz Canyon Way,
Belardo Road and Cahuilla Road. Upon delivery of bus passengers, buses shall be
parked at an off-site location outside of the downtown corridor.
"Direct staff to prepare a revised resolution and bring it back to the Commission.
A recess was taken at 3:05 p.m.
The meeting resumed at 3:12 p.m.
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City of Palm Springs
Planning Commission Minutes
of January 9, 2008
6. Cases 5.1135 PD 334, TTM 35623 (Rainbow Vision Palm Springs) - An
application for a Planned Development District and a Tentative Tract Map
to construct 184 condominiums and clubhouse on approximately 13.28
acres on the southwest comer of East Palm Canyon Drive and Matthew
Drive, Zone WR3, Section 30, APN: 681-170-038 and 039. (Project Planner:
Christopher Brown, Contract Planner)
Christopher Brown, Contact Planner, provided background information as outlined in the
staff report dated January 9, 2008. Mr. Brown indicated that the applicant is requesting
a maximum height of 45 feet (3 story) not the 35 feet as indicated in the staff report.
Chair Marantz opened the Public Hearing:
-Penn Estes representing the developer, thanked planning staff for their hard work
and stated the project will be built in one phase.
-Dana Stewart, Palm Springs, stated she is in support of the project because it is eco-
friendly and recommended solar conservation,
-Penn Estes, stated this is a fully designed and developed "green" project, both
environmentally friendly and energy efficient.
There being no further appearances, the Public Hearing was closed.
Staff addressed the 44 space parking reduction noting staff supports the reduction since
it is likely that many patrons of the Grand Central building will be on-site residents who
will not be required to drive to the facility.
Commissioner Caffery felt the in-lieu parking fees should be collected for parking
reductions within planned development districts unless the there is an actual calculation
for shared parking.
Commissioner Scott stated he is not concerned with the parking reduction since the
people using the Grand Central building will be living there.
Marcus Fuller, Assistant Director of Public Works, requested condition #44 be deleted.
M/S/C (Scott/Cohen, 6-0) To adopt a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program, approve Case 5.1135 PD 334, and recommend
approval of Case 5.1135 PD 334 and TTM 35623 to the City Council, as amended:
*Condition #44 to be deleted.
Craig A. Ewing noted that the in-lieu parking fee program applies only to the CBD zone.
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City of Palm Springs
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7. Case TPM 36817 — An application by Frank De Lelys to subdivide an
approximately 0.59 acre parcel into two lots located on the west side of
North Via Miraleste between Miraleste Court and The Palms, Zone
R-1-13 & R-1-C, Section 11, APN: 507-030-036. (Project Planner: David A.
Newell, Assistant Planner)
David A. Newell, Assistant Planner, provided background information as outlined in the
staff report dated January 9, 2008.
Vice Chair Hochanadel requested engineering staff address if there will be an entry off
of Via Miraleste. Mr. Fuller responded that this is a collector street and could be done, if
so desired, however, staff will probably recommend an entry on the side street.
Chair Marantz opened the Public Hearing, and there being no appearances, the Public
Hearing was closed.
M/SIC (Caffery/Cohen, 6-0) To recommend approval to the City Council.
8. 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: 607-122-004. (Project Planner: David
A. Newell, Assistant Planner)
David A. Newell, Assistant Planner, provided background information as outlined in the
staff report dated January 9, 2008.
Commissioner Caffery stated he owned this property seven years ago and could
provide additional information. Mr. Caffery stated he does not have a conflict of interest.
Mr. Caffery noted that almost every house in this
neighborhood has been grandfathered-in (to the previous zoning requirements) and
provided further details on the work performed on this property.
Chair Marantz opened the Public Hearing:
-George Moore, owner, stated he purchased the house in 2002 and wanted to add a
garage but discovered that the additions were done without permits. Mr. Moore
provided a history on the additions made to the property and indicated several
neighboring homes are within the required setbacks.
There being no further appearances, the Public Hearing was closed.
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Planning Commission Minutes
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Staff noted that for many years the required rear yard setback was 10 feet and the non-
permitted additions were built during this time. The City changed the required rear yard
setbacks to 15 feet. Applications are evaluated against the zoning standards in effect,
at the time of submittal, not at the time of construction.
Commissioner Ringlein suggested a continuance so that staff could provide further
research concerning the surrounding properties.
Commissioner Scott stated his support based on the fact that the adjoining properties
set a pattern and this building fits into the content of the neighborhood.
M/S/C (Scott/Cohen, 5-1/Chair Marantz) To approve, Case 6.497 Variance, and direct
staff to bring back a resolution.
9. Case 5.1183 ZTA - An application by the City of Palm Springs for a Zoning
Ordinance amendment related to the establishment of Massage Use in the
Commercial Zones. (Project Planner: Craig A. Ewing, Director of Planning
Services)
Mr. Ewing provided background information as outlined in the staff report dated January
9, 2008. Mr. Ewing noted a chapter in the Municipal Code regulates the operation of
massage establishments/permits through a business license.
The Commission discussed existing stand-alone massage establishments in the
downtown area. Staff responded that several businesses have been granted business
licenses that have shown nominal retail uses (part of another use) and further work is
required on the ordinance with regard to the definition.
Chair Marantz opened the Public Hearing and there being no appearances, the Public
Hearing was closed.
The Commission discussed and concurred with staffs recommendation, and also
indicated that massage should be allowed in the Professional zone with a conditional
use permit.
M/S/C (Scott/Cohen, 6-0) To recommend approval to the City Council, as amended:
"To include: Massage Use in Professional zones.
10. COMMISSION WORK PROGRAM: Work Program Priorities and
Subcommittee Assignments
None reported.
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City of Palm Springs
Planning Commission Minutes
of January 9, 2008
11. COMMISSION/STAFF REPORTS AND REQUESTS:
Commissioner Caffery noted that he did not support Item 3 because he felt the applicant
did not provide recent photographs and he could not make that determination.
Staff clarified the 400 and 500 square foot radius map on the staff report vicinity maps.
Staff noted they would provide to the Commission with a 500 foot radius map from their
residence and/or any other property.
Chair Marantz expressed concern with the city's traffic gridlock due to construction
projects going on during the busy season and suggested work be scheduled for the
summer time. Staff noted that there has been discussion with Public Works and the
Palm Canyon project and it was determined that the cost of delay was the significant
factor in performing the work sooner than later.
Commissioner Caffery stated he thought it would be a good idea to expand the in-lieu
fees to planned development districts (PDD's).
12. ADJOURNMENT:
There being no further comments, the meeting adjourned at 4:26 p.m.
.r ig A. wing,
DI r of Pla in Services
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