HomeMy WebLinkAbout2013-10-23 PC Meeting MinutesPLANNING COMMISSION
CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, 3200 East Tahquitz Canyon Way, Palm Springs, California
Minutes of October 23, 2013
CALL TO ORDER: Chair Donenfeld called the meeting to order at 1:30 pm.
ROLL CALL:
Committee Members Present: Chair Donenfeld, Vice -Chair Hudson, Commissioner
Calerdine, Commissioner Klatchko, Commissioner
Lowe, Commissioner Roberts, Commissioner
Weremiuk
Committee Members Absent:
Also Present: Director of Planning Services Wheeler, Principal
Planner Robertson, Planning Administrative
Coordinator Hintz
REPORT OF POSTING OF AGENDA: Agenda was available for public access at the City
Hall exterior bulletin board (west side of Council Chamber) and the Planning Services counter by
4:00 pm on Thursday, October 17, 2013.
ACCEPTANCE OF THE AGENDA: Chair Donenfeld announced that Item 2A, Case 5.0977
PD 288 AMND, has been withdrawn from consideration for today's meeting and will be continued
to December 11, 2013. The balance of the Agenda was accepted as presented.
PUBLIC COMMENTS: None
1. CONSENT CALENDAR:
1A. AEK CAPITAL MANAGEMENT LLC, FOR A MINOR ARCHITECTURAL
APPLICATION TO RENOVATE AN EXISTING HOTEL, INCLUDING LEGAL NOW
CONFORMING STRUCTURES IN SETBACK AREAS, LOCATED AT 2135
NORTH PALM CANYON DRIVE, ZONED C-1 (CASE 3.0676 MAA).
ACTION: Approve alterations to existing building in setbacks as presented. Motion
Commissioner Weremiuk and seconded by Vice -Chair Hudson and carried by a
7-0 roll call vote.
2. PUBLIC HEARINGS:
2A. BARISTO GROUP, LLC, FOR A REQUEST TO AMEND THE THIRD AND
FINAL PHASE OF A PREVIOUSLY APPROVED PLANNED DEVELOPMENT
DISTRICT 288 AND A CONDOMINIUM MAP FOR THE DEVELOPMENT OF THE
REMAINING 11 NEW HOMES WITHIN THE PARTIALLY BUILT DISTRICT
LOCATED AT LUGO ROAD, ZONE PDD 288. (CASE 5.0977- PD288 AMND).
Planning Commission Minutes
October 23. 2013
Staff reported the applicant requested the project be continued to the meeting of
December 11, 2013.
The Commission suggested to the applicant that a comprehensive neighborhood
meeting occur prior to the meeting of December 11, 2013 and that the Commission be
notified of the neighborhood meeting for this project.
ACTION: To continue this Item to the December 11, 2013 Planning Commission
Meeting. Motion Chair Donenfeld, seconded by Commissioner Roberts and
carried by a 7-0 roll call vote.
2B. CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT REGARDING
ESTABLISHING DEFINITIONS FOR HOME SOLAR USE AND INDUSTRIAL SOLAR
FIELDS AND ALLOWABLE ZONES AND DESIGN STANDARDS (CASE 5.1304
ZTA).
Staff requested the project be continued to the meeting of December 11, 2013 due to
zoning questions.
ACTION: To continue this Item to the December 11, 2013 Planning Commission
Meeting. Motion Chair Donenfeld, seconded by Commissioner Calerdine and
carried by a 7-0 roll call vote.
2C. PRAETOR INVESTMENT LLC, FOR AN AMENDMENT TO A PREVIOUSLY
APPROVED PLANNED DEVELOPMENT DISTRICT 333 AND TENTATIVE PARCEL
MAP 35236 FOR THE DEVELOPMENT OF A 200-ROOM HOTEL, 50 RESIDENTIAL
UNITS AND A PARKING STRUCTURE LOCATED AT THE NORTHWEST CORNER
OF AVENIDA CABALLEROS AND AMADO ROAD, ZONE PD 333, SECTION 14.
(CASE 5.1132 PD-333 AMND).
Principal Planner Robertson presented the proposed amendment and provided details
on the prior entitlements of the project.
Commissioner Roberts disclosed that he met with several of the adjacent neighbors
and walked the property site.
Commissioner Weremiuk disclosed a conversation she had with the applicant Laurie
Kibby and declined a site visit with an adjacent neighbor David Powell.
Commissioner Lowe disclosed that he met with adjacent neighbors and walked the
site.
Commissioner Calerdine disclosed he walked the site with adjacent neighbors.
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October 23, 2013
Vice -Chair Hudson disclosed he walked the site with adjacent neighbors.
Chair Donenfeld disclosed his telephone conversation with an adjacent neighbor,
David Powell, and discussed procedural matters.
Commissioner Klatchko asked staff will if the project will come back to the Planning
Commission for final development plan approval.
Chair Donenfeld opened the Public Hearing portion of the meeting:
LAURIE KIBBY, applicant, representing Praetor Investments LLC, and Mark Philp,
representing Allen and Philp architects, presented the current project using computer
simulations. Ms. Kibby provided an overview of ingress and egress, walkways, view
corridors, new restaurant pad, new circulation diagrams, the annex building, parking
and sun studies.
DAVID POWELL, resident at Center Court Condominiums, commented on the
inaccuracies in the Mitigated Negative Declaration prepared for this project, especially
views and noise.
BRIAN CRAIN and wife, who reside at Center Court Condominiums, commented on
the blocked views of the mountains.
STEVE HARRIS, resident at Center Court Condominiums, commented on the blocked
views of the mountains and loss of sunshine and privacy. He also requested sufficient
notice to review documents on proposed projects before they go to the Planning
Commission.
AAMER MUMTAZ, president of Center Court HOA, commented that this plan is a
massively larger project than the previously approved plan and does not believe the
sun studies are accurate. He voiced concerns that the developer did not address the
concerns of Center Court in a timely manner.
RANDY BERNARDI, resident of San Tropez Villas, commented on noise coming from
outdoor amplified music events and requested that a noise limit of 9 pm Sun. - Thurs.
and 10 pm Fri. - Sat. be placed on these events.
ANDY GEORGIOU, president of the Palomino Home Owners Association (HOA), a
neighborhood adjacent to Center Court, commented on density, scale and size of
project and issues associated with the project.
GARY CARLSON, resident at Alejo Vista (adjacent to the northeast corner of the site),
commented on the beauty of the hotel and is pleased to see the view of a two-story
residential building instead of the five -story previously approved project.
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October 23, 2013
CHARLES ARRAGE, resident at Center Court Condominiums, commented on moving
the project toward Calle Alvarado and Amado Road to protect the views of Center
Court. He also voiced concerns on parking issues.
JIM BAYNER, resident at the nearby Deauville Complex, commented on the
tremendous positive impact the hotel will bring to the community and neighborhood.
RUDOLFO CASTILLO, a resident of Palm Springs, spoke about the favorable
economic impact the Dolce Hotel will bring to the City and that it will offer many jobs to
the community and indicated that views are not owned by the neighbors.
DAVID DEVEREAUX, resident at Palomino, commented on the scale of the project to
the neighborhood and said the whole project should be moved counter -clockwise.
LAURIE KIBBY, applicant, commented that development team met with adjacent
neighbors and took their comments seriously and spoke about the reduction in density
of the project. She also stated that they met with Center Court and had initiated contact
with both Center Court and Alejo Vista. She stated that the design has been modified
from the original design of 2007.
Chair Donenfeld closed the public hearing.
Commissioner Roberts questioned working with the neighbors during the prior
hearings and options for the sun/shade projections. He also voiced concerns about the
issue of the views of neighboring residents.
Commissioner Weremiuk commented on the additional parking being in a parking
structure and the height of the structure. She also commented on the shadow studies
shown during the winter months. When shade affects neighboring property it is already
dusk.
Commissioner Calerdine voiced concern regarding parking and the number of spaces
available. He also questioned what measures will be done to enforce the outdoor noise
ordinance.
Vice -Chair Hudson asked what efforts have been made with landscape, screening or
wall strategies on elevated parking on the eastern northern corner to address
headlights from shining on the adjacent neighbors.
MARK PHILP, architect, described the plan for a four to four and a half foot wall to
reduce headlights shining on neighbors. He also described landscaping options for the
outside decks on the hotel.
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October 23, 2013
Commissioner Calerdine spoke in favor of the hotel and design. He commented that
we do not preserve views even though the design of the hotel does present a problem.
He has a concern with the height of the condominiums on the south side.
Commissioner Roberts commented that it is a good project, however, is concerned
with the neighbor's blocked views and height of the hotel. He suggested that moving
the hotel away from the neighbors may be helpful.
Commissioner Weremiuk said she likes the hotel but shares the concern regarding the
height of the condo building. She stated that reducing the height of the condo building
and changing the parking structure does add a burden to the applicant. She does not
favor moving the entire building.
Vice -Chair Hudson noted that the project has improved. However, there are many
opportunities of compromise such as rotating the hotel building to allow for certain
adjustments. He stated the one-story villas in the front of the hotel should be looked at
again for a better placement and design. He expressed concern with the height of the
northern portion of the condominiums.
Commissioner Lowe stated that this is an important project for the future of Palm
Springs, especially for the convention center. He also stated that the views of the
neighbors will be greatly affected. He really supports a win -win situation.
Chair Donenfeld thinks this is a marvelous project and with the vacant property
adjacent to the Convention Center large developments should be expected. He would
like to see the project continue with respect to being sensitive to the neighbors.
LAURIE KIBBY, applicant responded to the parking and stated that parking spaces
could be eliminated on the north east side of the project. She also responded to the
building envelope of the site and is not certain if reconfiguration of the hotel would
make a significant impact. A rooftop pool is totally out of their budget and will not be
considered. Ms. Kibby stated that the development team worked within the envelope of
the approved project.
Vice -Chair Hudson agreed that future development would occur on this site but that all
options should be considered, including moving the whole building closer to the street.
Chair Donenfeld stated to the applicant that the commission is not trying to re -design
the project but asking that ideas be considered for some other possible alternatives to
the current design.
Director Wheeler stated that the City Council has already continued the project and
requested that the project be sent back to the Planning Commission for a public
hearing. The project has been placed on the November 6, 2013 City Council Meeting.
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October 23, 2013
Commissioner Roberts stated that the Commission does have sensitivity to the
applicant and is trying to find solutions. He is requesting that the applicant come back
to the Commission with additional ideas to change the design of the building.
ACTION: To table the motion to a later date to be determined and to take no action.
MOTION Commissioner Roberts seconded by Commissioner Hudson
Chair Donenfeld asked Director Wheeler what direction would be given to the City
Council.
Director Wheeler stated that a public hearing is set for the City Council meeting on
November 6, 2013. The Council will have all of the information regarding the project
available to them including the minutes of this meeting.
Commissioner Calerdine stated that the Council could choose to ignore the
recommendations of the Planning Commission. He also requested from staff a master
plan for parking at the Convention Center.
ACTION: Substitute motion. Commissioner Weremiuk requested to approve the
project with conditions. She is requesting the applicant bring to the commission a
scenario that shows a reduction in height on the condo buildings and a possible
moving of the building slightly forward. She also wants to include in her motion that
staff include a parking plan for the Convention Center.
Motion Commissioner Weremiuk seconded by Commissioner Klatchko.
Commissioner Klatchko shares Commissioner Weremiuk's desire to move project
along with the understanding that the applicant will have the opportunity to present
some modifications to the City Council. He would like to continue to a date certain.
Vice -Chair Hudson stated that the Commission should vote to continue to a date
certain.
Commissioner Klatchko withdrew his second on the substitute motion.
Commissioner Calerdine seconded Commissioner Weremiuk's motion.
ACTION: Approve the proposed amendment, with conditions, as presented. Motion
Commissioner Weremiuk and seconded by Commissioner Calerdine. With
Planning Commission's comment that the applicant is requested to bring to the City
Council a reduction in the height of the condominium building and moving the hotel arc
forward. MOTION FAILED on a 3-4-0 roll call vote.
AYES: Commissioner Calerdine, Commissioner Weremiuk, Chair Donenfeld
NOES: Commissioner Klatchko, Commissioner Lowe, Commissioner Roberts,
Vice -Chair Hudson
Planning Commission Minutes
October 23, 2013
ACTION: To continue to November 13, 2013 to allow the applicant to mitigate some of
the concerns discussed at today's meeting. Motion Commissioner Roberts
seconded by Vice -Chair Hudson and carried 6-0-1 on a roll call vote.
AYES: Commissioner Calerdine, Commissioner Klatchko, Commissioner Lowe,
Commissioner Roberts, Vice -Chair Hudson, Chair Donenfeld
NOES:
ABSTAIN: Commissioner Weremiuk
2D. PALM SPRINGS LEGENDS LLC, FOR A CONDITIONAL USE PERMIT FOR A
COCKTAIL LOUNGE AT 126 EAST TAHQUITZ CANYON WAY. (CASE 6.1305
CUP).
Principal Planner Robertson presented the proposed project.
Commissioner Weremiuk asked if staff had any concerns with noise spillage onto the
street.
Staff responded that noise issues are based on complaints received from concerned
citizens and no audio or video speakers are allowed outside.
Chair Donenfeld opened the public hearing:
DICK ADAMS, applicant, provided a brief description of the type of cocktail lounge and
described it as a lounge of "days gone by" and was available for questions from the
Commission.
There being no further appearances, Chair Donenfeld closed the public hearing.
ACTION: Approve the permit with conditions. Motion Commissioner Weremiuk
seconded by Commissioner Lowe and carried 7-0 on a roll call vote.
2E. CITY OF PALM SPRINGS PROPOSAL TO AMEND THE PALM SPRINGS
ZONING CODE TO ALLOW CHURCH USES IN THE P AND C1AA ZONES AND
CHANGE ZONES AND CHURCH USES FROM CONDITIONALLY PERMITTED TO
BY -RIGHT IN THE CSC, CSC, C-1, C-2, HC, CM, M1P, M1 AND M2 ZONES; AND
TO ALLOW THE INITIATION OF CODE AMENDMENTS BY THE PLANNING
DIRECTOR (CASE 5.1306 ZTA).
Chair Donenfeld opened the public hearing:
REVEREND ANDREW GREEN, St. Paul in the Desert Episcopal Church, feels it is
important for religious institutions who wish to locate downtown to be able to do so.
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October 23, 2013
REVEREND WILLIAM GODWIN, Peace Christian Fellowship Church, supports the
statements by Reverend Green,
THOMAS WEILER, Inland Congregation, feels it is important to be able to locate
downtown and in the CDN and C1AA zone by right.
REVEREND KEVIN JOHNSON, Bloom in the Desert Ministries, United Church of
Christ, talked of all the work that has gone into this amendment but that it doesn't go
far enough.
DAVID SANGER, Our Savior Community Church, concurred with all comments made.
There being no further appearances, Chair Donenfeld closed the public hearing.
ACTION: Adopt the draft resolution recommending approval to the City Council.
Motion Commissioner Roberts, seconded by Commissioner Calerdine and
carried on a 7-0 roll call vote.
3. NEW BUSINESS:
3A. SOUTH PALM CANYON LLC, FOR A ONE-YEAR TIME EXTENSION FOR A
PREVIOUSLY APPROVED MIXED -USE PLANNED DEVELOPMENT CONSITING
OF UP TO 125 CONDOMINIUM UNITS AND APPROXIMATELY 39,000-SQUARE
FEET OF RETAIL/COMMERCIAL SPACE ON A 2.67-ACRE SITE LOCATED AT
450-490 SOUTH PALM CANYON DRIVE (CASE 5.1042 PD 311).
Principal Planner Robertson provided an overview of the proposed time extension.
ROBERT HERSCU, managing partner, provided details on the plans for development
on this site. He stated that they are moving forward and trying not to redesign the
project.
Commissioner Klatchko noted his abstention on this project due to a possible conflict
of interest. He had a prior working relationship with the applicant.
ACTION: Approve one-year time extension. Motion Commissioner Calerdine,
seconded by Commissioner Weremiuk and carried 6-0-1 on a roll call vote, with
Commissioner Klatchko abstaining.
3B. WESSMAN DEVELOPMENT FOR A ONE-YEAR TIME EXTENSION FOR A
PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT CONSISTING
OF A 79 LOT SUBDIVISION ON 42.2-ACRES LOCATED ALONG WEST RACQUET
CLUB ROAD AND VISTA GRANDE AVENUE. (CASE 5.0996 PD 294).
Principal Planner Robertson presented the time extension request.
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October 23, 2013
Commissioner Calerdine noted that he previously worked on the project
Commissioner Roberts asked the applicant several questions including if the project is
funded and if a starting date has been determined.
MICHAEL BRAUN, applicant, stated that there is funding and that they should be
ready to start within the next twelve months.
ACTION: Approve one-year time extension. Motion Commissioner Weremiuk,
seconded by Commissioner Roberts and carried 7-0 on a roll call vote.
3C. INITATE AN AMENDMENT TO THE PALM SPRINGS ZONING CODE
REGARDING PARKING FOR HISTORIC STRUCTURES AND CONCURRENT
PROCESSING OF LINKED PROJECTS.
Director Wheeler presented the request for an initiation for an amendment regarding
parking for historic structures and concurrent processing of linked projects. Proposed
tenants for designated historic structures would receive a non -monetary incentive to
occupy the space.
Commissioner Klatchko asked about the parking situation.
Director Wheeler stated she will provide a map with the indicated structures.
ACTION: To initiate an amendment regarding parking for historic structures and
concurrent processing of linked projects. Motion Commissioner Lowe and
seconded by Chair Donenfeld and carried by a 7-0 roll call vote.
PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS:
Commissioner Calerdine talked about litigation over environmental documents. He
requested a list of and the reasons for those documents.
Commissioner Weremiuk asked about approved construction of projects and if the
Commission can be updated on the progression of those projects.
Commissioner Roberts asked about the issue of noticing in the case of Dolce Hotel.
Director Wheeler stated that new procedures are being looked at to remedy the situation
of utilization of mailing lists provided by title companies.
Commissioner Klatchko stated that he would not be present for the December 11, 2013
meeting.
Kathy Weremiuk will be out for both meetings in January 2014.
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October 23, 2013
PLANNING DIRECTOR'S REPORT:
Director Wheeler provided a recap of the upcoming events including the Planning
Department Open House. She asked which Commission members will attend. Chair
Donenfeld and Commissioners Weremiuk and Roberts will attend.
She commented on the topics for the next Study Session which is tentatively scheduled
for January, 2014.
ADJOURNMENT: The Planning Commission adjourned at 5:02 to 1:30 pm, Wednesday,
November 13, 2013, City Hall, Council Chamber, 3200 East Tahquitz Canyon Way.
M. Margo Wheeler, AICP
Director of Planning Services
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