HomeMy WebLinkAbout2014-12-10 PC Meeting MInutesCALL TO ORDER:
CITY OF PALM SPRINGS
PLANNING COMMISSION MINUTES
December 10, 2014
Council Chamber, City Hall
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Chair Hudson called the meeting to order at 1:37 pm.
ROLLCALL:
PRESENT: Commissioner Calerdine, Commissioner Lowe, Commissioner Middleton,
Commissioner Roberts, Commissioner Weremiuk, Vice-Chair Klatchko,
Chair Hudson
ABSENT: None
STAFF PRESENT: Planning Director Fagg, AICP, Assistant Planner Mlaker, AICP,
Associate Planner Lyon, Associate Planner Newell, Principal
Planner Robertson, Planning Coordinator Hintz and Engineering
Associate Minjares
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 4:00 pm on Thursday,
December 4, 2014.
Director Fagg reported in conversation with the City Attorney two items (Case Nos.
3.3771 and 3.3772) that were not on the agenda will not be heard.
ACCEPTANCE OF THE AGENDA:
Chair Hudson stated his recusal from Item 3C, Case 3.3789 MAJ and 7.1444 AMM due
to property related conflict of interest.
Commissioners Lowe and Middleton noted their recusal on Item 38, Case 14-007 SP,
due to a property related conflict of interest.
The agenda was unanimously accepted, as amended.
PUBLIC COMMENTS:
Planning Commission Minutes 2
December 10, 2014
Chair Hudson opened the public comments portion of the meeting and with no
appearances coming forward public comments was closed.
1. CONSENT CALENDAR:
1A. APPROVAL OF MINUTES: NOVEMBER 12, 2014 STUDY SESSION AND
REGULAR MINUTES, NOVEMBER 19, 2014 SPECIAL MEETING MINUTES
AND REGULAR MINUTES
ACTION: Approve the Planning Commission Minutes, as presented.
Motion: Commissioner Weremiuk, seconded by Commissioner Middleton and
unanimously carried on a roll call vote.
AYES: Commissioner Calerdine, Commissioner Lowe, Commissioner Middleton,
Commissioner Roberts, Commissioner Weremiuk, Vice-Chair Klatchko, Chair Hudson
2. PUBLIC HEARINGS:
2A. CONT'D -RHSMAX T41, LLC, OWNER FOR A MAJOR ARCHITECTURE
APPLICATION AND RE-ADOPTION OF A PREVIOUSLY APPROVED
MITIGATED NEGATIVE DECLARATION FOR THE CONSTRUCTION OF A 41-
UNIT CONDOMINIUM COMPLEX KNOWN AS VIBRANTE, LOCATED AT 6500
34TH AVENUE, ZONE R-G-A(6), SECTION 30. (CASE 3.3745 MAJ). (GM)
Assistant Planner Mlaker presented the proposed project and outlined the changes
made to the project.
Chair Hudson opened the public hearing:
RICK SCOTT, CORMAN LEIGH, applicant, was impressed with the neighborhood's
comments and interest in the project. Mr. Scott provided an overview of the changes
made to the project and requested approval.
TRAE DANIEL, resides on Marguerite St., thanked the applicant for the tremendous
work done in eliminating the gates and changes made to the project. He requested
landscaping be done on the strip of land on the south side of 34th Avenue.
RICK PURNEL, resides on Marguerite St., thanked the applicant for all the changes
made to the project.
RANDY SCOTT, spoke in favor of the project.
Planning Commission Minutes 3
December 10, 2014
There being no further appearances the public hearing was closed.
Commissioner Roberts thanked the neighborhood for their comments and the developer
for the changes incorporated into the project. They have created an attractive project
that feels like a new neighborhood and not just a development.
Commissioner Lowe commented that this is a great example of how communities, the
developer and the city can work together in creating something positive; it's a much
better project.
Commissioner Middleton commented that as a neighborhood person this is incredibly
gratifying and process has worked.
Commissioner Calerdine concurred with the Commission comments. He suggested the
City conduct a study on the possibility of narrowing 34th Avenue and noted that 34th
Avenue as a project name seems out-of-place and suggested the name Vibrante.
Commissioner Weremiuk said she appreciates the changes made to the project;
especially the alignment with Marguerite Street resulting in a cohesive neighborhood.
Ms. Weremiuk questioned if the City could assist the neighborhood and developer with
the landscape and maintenance of the bare strip of land.
Rick Minjares, Engineering Associate, responded that the issues associated with this
could be reviewed with the City Engineer.
Commissioner Lowe commented that the Commission is presented on a regular basis
with requests for gated communities; this is a great example of not having gated
developments and the positive impact on the neighborhood.
Chair Hudson concurred with the Commission comments. He suggested the bare strip
of land south of 34th perhaps could be a candidate for Measure J funding for further
rejuvenation of existing neighborhoods.
ACTION: Approve as submitted.
Motion: Commissioner Roberts, seconded by Commissioner Lowe and unanimously
carried on a roll call vote.
AYES: Commissioner Calerdine, Commissioner Lowe, Commissioner Middleton,
Commissioner Roberts, Commissioner Weremiuk, Vice-Chair Klatchko, Chair Hudson
Planning Commission Minutes 4
December 10, 2014
2B. CONT'D - A REQUEST BY ERIC MCLAUGHLIN OF INTERVENTION 911 FOR
APPROVAL OF A CONDITIONAL USE PERMIT (CUP) FOR A SUBSTANCE
ABUSE RECOVERY CENTER I ASSISTED LIVING FACILITY USE AT THE
ALEXANDER APARTMENTS, AN EXISTING FIVE-UNIT BUILDING LOCATED
AT 1425 VIA SOLEDAD, ZONE R-2 (CASE 5.1282 CUP). (KL)
Associate Planner Lyon presented the request for a Conditional Use Permit as outlined
in the staff report.
City Attorney Douglas Holland reported that the project description deals with a
substance abuse recovery center for persons recovering from alcoholism, drug abuse
and other addictions and these individuals have a right to be able to live in a residential
setting to enhance their recovery. Mr. Holland recommended deletion of FID #5; noting
that the Fire Marshall concurred subject to the installation of fire alarms in this project.
Mr. Holland reported that the density limits are predicated on the parking spaces and
noted that the zoning code has a provision for, a specific parking plan that a property
owner can apply for. He suggested imposing a condition of approval to allow the
applicant to apply for a specific parking plan to provide flexibility for greater density of 17
units.
Commissioner Middleton disclosed that she lives in this neighborhood; however, she
does not reside within 500 feet of this facility. She questioned what procedures are in
place to ensure the occupancy limit.
Douglas Holland responded that this would be done on a complaint basis by code
enforcement.
Vice-Chair Klatchko asked for clarification on fire and smoke alarms, as well as off-
street parking.
Commissioner Roberts expressed concern with this project regardless of the use; noting
that this business has been operating illegally without permits and there is safety issues
relating to the lack of fire sprinklers. He does not want to set a precedence for the
allowance of under-parking.
Director Fagg provided further details on the provision in the Zoning Code for a specific
parking plan that may be submitted for developments which require a parking study.
Commissioner Weremiuk questioned the occupancy restrictions per bedroom; noting
that the proposed 4 - 5 people per bedroom is over-crowded. Ms. Weremiuk requested
confirmation from staff on the occupancy requirements per bedroom.
Chair Hudson opened the public hearing:
Planning Commission Minutes 5
December 10, 2014
KATHY HERRIDINE, resides in the neighborhood, expressed concern with littering
(cigarette butts) and people loitering in the area.
There being no further appearances the public hearing was closed.
Commissioner Lowe expressed concern that the applicant was not present to provide
testimony.
Commissioner Middleton shared Commissioner Lowe's concerns; she had a number of
questions pertaining to operation of the facility with no permits and the lack of property
maintenance.
Commissioner Calerdine noted that although he seconded the motion it is with great
reluctance because of the on-going litigation.
Commissioner Weremiuk made the following findings for not approving a specific
Parking Plan:
• Complaints have been received from neighbors and adjacent hotelier on illegal
parking in their parking lots by patients/guests of the applicant.
• Trespass/parking/loitering/littering is reported as ongoing -no evidence that the
applicant is able to limit or control this problem.
ACTION:
Approve subject to Conditions of Approval as amended:
1. Delete Condition FID 5 -elimination of fire sprinklers conditional that Fire
Marshal deliver in writing a letter to the Planning Director to provide
confirmation that fire suppression sprinklers are not necessary.
2. Provide staffing plan to show staff coverage 24/7.
3. Applicant to come back before the Planning Commission for review of
compliance with the conditions of approval on the CUP in 6 months, 12
months, and 24 months from the date of approval and response to
complaints from neighbors.
4. Limit patient count to 9.
5. No Specific Parking Plan permitted for this use.
Motion: Commissioner Weremiuk, seconded by Commissioner Calerdine and carried 5-
2-0 on a roll call vote.
AYES: Commissioner Calerdine, Commissioner Roberts, Commissioner Weremiuk,
Vice-Chair Klatchko, Chair Hudson
NOES: Commissioner Lowe, Commissioner Middleton
Planning Commission Minutes 6
December 10, 2014
2C. CONT'D-A REQUEST BY ERIC MCLAUGHLIN OF INTERVENTION 911 FOR
APPROVAL OF A CONDITIONAL USE PERMIT (CUP) FOR A SUBSTANCE
ABUSE RECOVERY CENTER I ASSISTED LIVING FACILITY USE AT THE
PALM TEE HOTEL, AN EXISTING 16-UNIT BUILDING LOCATED AT 1590
EAST PALM CANYON DRIVE ZONE R-2 I R-3 I RESORT COMBINING ZONE
(CASE 5.1283 CUP). (KL)
Associate Planner Lyon presented the proposed project as outlined in the staff report.
City Attorney Holland recommended deletion of condition FID 5 pertaining to the fire
sprinklers; the Fire Marshal concurs with this recommendation and no substitute
requirement is needed. Mr. Holland also recommended allowance be given to the
applicant to apply for a specific parking plan.
Chair Hudson opened the public hearing and with no appearances coming forward the
public hearing was closed.
ACTION: Approve subject to Conditions of Approval as amended:
1. Delete Condition FID 5 -elimination of fire sprinklers conditional that Fire
Marshal provide a letter in writing to the Planning Director confirming that fire
suppression sprinklers are not required.
2. No specific parking plan is allowed based on past behavior of parking on
adjacent private property, loitering and littering.
3. Staffing Plan 24/7 to monitor behavior of the residents.
4. Applicant to come back before the Planning Commission for review of
compliance with the conditions of approval on the CUP in 6 months, 12 months,
and 24 months from date of approval.
5. Limit patient count per staff recommendations.
Motion: Commissioner Weremiuk, seconded by Vice-Chair Klatchko and carried 6-1-0
on a roll call vote.
AYES: Commissioner Calerdine, Commissioner Lowe, Commissioner Roberts,
Commissioner Weremiuk, Vice-Chair Klatchko, Chair Hudson
NOES: Commissioner Middleton
A recess was taken at 2:53 pm.
The meeting resumed at 3:05 pm.
2D. WEST COAST HOUSING PARTNERS ON BEHALF OF THE PROPERTY
OWNER, THE ERIC BRANDENBURG SEPARATE PROPERTY TRUST, FOR
Planning Commission Minutes 7
December 10, 2014
APPROVAL OF A PRELIMINARY AND FINAL PLANNED DEVELOPMENT DISTRICT
IN LIEU OF A CHANGE OF ZONE, A MAJOR ARCHITECTURAL APPLICATION,
AND A TENTATIVE TRACT MAP PROPOSING A DEVELOPMENT OF 46 SINGLE
FAMILY DETACHED UNITS, COMMON PRIVATE STREETS AND OPEN SPACE ON
A ROUGHLY 5.23 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF
NORTH PALM CANYON DRIVE AND ALVARADO (CASE NOS. 5.1340 POD 370,
3.3742 MAJ, TTM 36725). (KL)
Associate Planner Lyon provided an overview of the project as outlined in the staff
report. He noted an error in the staff memorandum (paragraph 2) regarding the
applicant will be providing photovoltaic panels; this is incorrect.
Chair Hudson opened the public hearing:
MARVIN ROOS, MSA Consulting, representing West Coast Housing, said the
requested changes would make it economically unfeasible; the photovoltaic is too
costly, as well. He noted that the AAC unanimously recommended approval of this
project and requested consideration that action is taken today.
There being no further appearances coming forward the public hearing was closed.
Commissioner Weremiuk commented that she went out to look at the community and it
is a vibrant, open streetscape without any elements of a gated development.
Commissioner Roberts noted his disappointment because the applicant has made no
attempts to make changes to the project; however, he thinks the project has merit and
there are easy fixes that can be done. He would like to give the applicant an
opportunity to come back with some alternatives to the recommended changes. He
does not want a gated community.
ACTION: To continue to allow the applicant an opportunity to come back with
alternatives and plans to the conditions of approval.
COMMISSION DISCUSSION:
Commissioner Calerdine said he was the only one that voted in favor of this project; and
does not think a vote to continue will work for the applicant.
Vice-Chair Klatchko said it's very clear the applicant is not going to make changes; and
the appropriate procedure is an action of approval or denial. He prefers to restore the
motion made by Commissioner Calerdine.
Commissioners Middleton and Lowe concurred with an action be taken today and not a
continuance.
Planning Commission Minutes 8
December 10, 2014
Commissioner Weremiuk withdrew her second to the motion. The motion failed.
Commissioner Calerdine spoke in support of an amendment to allow the 6 foot
separation. Vice-Chair Klatchko concurred.
Commissioner Middleton thinks the most significant issue is the gates and so many
options are available. She does not think the solar panels should be the public benefit.
Chair Hudson agreed with Commissioner Middleton but feels solar collectors need to be
codified and not on a piece meal basis. He encouraged the applicant to take a much
closer look at the Palm Canyon experience especially the casitas and accessory
dwelling units. He would like to see more variety and interesting application of
architectural elements along Palm Canyon.
Commissioner Weremiuk said she would like to see a stronger public benefit -such as
sustainability or park space in the center.
ACTION: Approve subject to conditions of approval as amended:
1. Remove all public and vehicular pedestrian gates.
2. Public benefit to include photovoltaic panels to cover 1/3 to 1/2 of the electrical
needs of residents.
3. The architecture to return to the Planning Commission for review prior to the
issuance of Building permits.
4. 10 foot side yard setbacks requirement between the buildings to remain.
5. Delete the condition to require color differentiated pavers to delineate the
pedestrian/vehicular areas.
6. All other conditions as recommended by staff.
Motion: Commissioner Roberts, seconded by Commissioner Weremiuk and
unanimously carried on a roll call vote.
AYES: Commissioner Calerdine, Commissioner Lowe, Commissioner Middleton,
Commissioner Roberts, Commissioner Weremiuk, Vice-Chair Klatchko, Chair Hudson
Commissioner Weremiuk stated that the findings for their action is the following:
1. The General Plan;
2. Letters from the neighbors asking the development not is gated;
3. Testimony from neighbors asking for no gates at the first hearing; and
no other gated communities in the neighborhood and does not want to set
precedence.
4. Concern with the narrow streets and number of units; and it feels very
repetitive from house to house.
Planning Commission Minutes 9
December 10, 2014
5. The 6 foot building separation that will create shade and canyons for the two
-story buildings.
2E. VIVA LAS PALOMAS, LLC ON BEHALF OF 450 PALM CANYON DRIVE LLC
FOR A CONDITIONAL USE PERMIT TO ALLOW A NIGHTCLUB AND
COCKTAIL LOUNGE OF APPROXIMATELY 5,069-SQUARE FEET IN SIZE
WITHIN AN EXISTING MULTI-TENANT BUILDING AT 450 SOUTH PALM
CANYON DRIVE, ZONED CBD (CASE 5.1357 CUP). (ON)
Associate Planner Newell presented the proposed conditional use permit as outlined in
the staff report.
Chair Hudson opened the public hearing:
GUY BURROWS, APPLICANT, said he agrees with the conditions and provided details
on his plans to open a nightclub. He requested approval of the CUP.
There being no further appearances the public hearing was closed.
ACTION: To approve, subject to conditions.
Motion: Commissioner Weremiuk, seconded by Commissioner Lowe and unanimously
carried on a roll call vote.
AYES: Commissioner Calerdine, Commissioner Lowe, Commissioner Middleton,
Commissioner Roberts, Commissioner Weremiuk, Vice-Chair Klatchko, Chair Hudson
2F. NEW DIMENSION ENERGY COMPANY, LLC, REQUEST FOR A CONDITIONAL
USE PERMIT TO INSTALL FOUR METEOROLOGICAL TOWERS IN SUPPORT OF
AN EXISTING WIND ENERGY CONVERSION SYSTEMS (WECS) FACILITY
LOCATED AT APPROXIMATELY 1.5 MILES WEST OF INDIAN CANYON DRIVE,
SOUTH OF INTERSTATE 10; AND APPROXIMATELY 2000 FEET SOUTH OF
GARNET AVENUE; ZONE W (CASE 5.1355 CUP). (ER)
Principal Planner Robertson presented the proposed project as outlined in the staff
report.
Chair Hudson opened the public hearing:
CHARLIE KARUSTIS, New Dimension Energy Company, thanked staff and said the
meteorological towers will be up for about two years; will be used to get a better idea of
the wind patterns.
Planning Commission Minutes 10
December 10, 2014
There being no further appearances the public hearing was closed.
ACTION: Approve subject to conditions.
Motion: Commissioner Calerdine, seconded by Commissioner Roberts and
unanimously carried on a roll call vote.
AYES: Commissioner Calerdine, Commissioner Lowe, Commissioner Middleton,
Commissioner Roberts, Commissioner Weremiuk, Vice-Chair Klatchko, Chair Hudson
3. NEW BUSINESS:
3A. BRANDENBURG OASIS PLAZA, LLC REQUESTING AN AMENDMENT
TO A SIGN PROGRAM FOR THE OASIS COMMERCIAL BUILDING, A CLASS
1 HISTORIC SITE LOCATED AT 101-121 SOUTH PALM CANYON DRIVE,
ZONE CBD (CASE SP10-001 AMND). (KL)
Associate Planner Lyon provided an overview of the proposed amendment to the
existing sign program.
ACTION: Approve subject to conditions.
Motion: Commissioner Roberts, seconded by Commissioner Middleton and
unanimously carried on a roll call vote.
AYES: Commissioner Calerdine, Commissioner Lowe, Commissioner Middleton,
Commissioner Roberts, Commissioner Weremiuk, Vice-Chair Klatchko, Chair Hudson
3B. HR PROPERTY GROUP FOR A SIGN PROGRAM AT THE SUN CENTER
SHOPPING CENTER LOCATED AT 611 SOUTH PALM CANYON DRIVE, ZONE C-1
(CASE 14-007 SP). (GM)
Commissioners Lowe and Middleton left the Council Chamber at 3:55 pm.
Director Fagg and Assistant Planner Mlaker provided an overview of the proposed sign
program.
ACTION: Approve subject to conditions.
Motion: Commissioner Weremiuk, seconded by Commissioner Roberts and carried on
a roll call vote.
Planning Commission Minutes 11
December 10, 2014
A YES: Commissioner Calerdine, Commissioner Roberts, Commissioner Weremiuk,
Vice-Chair Klatchko, Chair Hudson
ABSTAIN: Commissioner Lowe, Commissioner Middleton
Commissioners Lowe and Middleton re-entered the Council Chamber at 4:00 pm.
Chair Hudson recused himself on this item and left the Council Chamber at 4:00 pm.
3C. DENNIS YARES AND MOLLY BLESSEY OWNERS, REQUESTING MAJOR
ARCHITECTURAL APPLICATION FOR THE CONSTRUCTION OF A 3,131-
SQUARE FOOT HOUSE ON A HILLSIDE LOT AND AN ADMINISTRATIVE
MINOR MODIFICATION FOR A FRONT YARD SETBACK REDUCTION
LOCATED AT 2323 SOUTHRIDGE DRIVE, ZONE R-1-A (CASE NOS. 3.3789
MAJ AND 7.1444 AMM). (GM)
Assistant Planner Mlaker presented the proposed project as outlined in the staff report.
Commissioner Lowe questioned if there is requirement to install story poles. Staff
responded that there is no requirement.
Vice-Chair Klatchko noted the significance of views in this area and said he would
generally be inclined to provide story poles.
LANCE O'DONNELL, 02 Architecture, provided details pertaining to the views, height,
carport, pad height, slope, mitigation of erosion and sensitivity to heights.
DENNIS YARES, applicant, commented that they've made every effort to be complaint
with Southridge and have taken neighbors into consideration; integrated minimal (one-
story house) with mid-century style.
SUSAN SECOY-JENSEN, resides across the street, said they are in support of the
project; however, requested a home of this magnitude be staked for further evaluation
of the height.
DAN JENSEN, resides across the street, said their biggest concern is the views; and
requested installation of story-poles to help visualize the impact the views. Appreciates
their neighbors and thinks overall the project is beautiful.
KURT BOCHNER, M.D., adjacent neighbor, requested Engineering condition #9 is
imposed pertaining to the soil study; wants assurance no damage is done to his
residence. He requested plantings to shield the view of his swimming pool.
Planning Commission Minutes 12
December 10, 2014
LANCE O'DONNELL, responded to the public testimony, said the bedrock is underlain
with 18" to 4' of dirt; and will work with Engineering staff to meet all measures for debris
mitigation and slope stability.
Commissioner Roberts felt comfortable with a certified engineer performing a soil report
and the debris fence is a good idea. He looked at the site and the thinks the house is
respectful of the site with its low height.
ACTION: Approve subject to conditions.
Motion: Commissioner Roberts, seconded by Commissioner Lowe and carried on a roll
call vote.
AYES: Commissioner Calerdine, Commissioner Lowe, Commissioner Middleton,
Commissioner Roberts, Commissioner Weremiuk, Vice-Chair Klatchko
ABSTAIN: Chair Hudson
Chair Hudson re-entered the Council Chamber at 4:47pm.
PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS:
Chair Hudson requested clarification on how determination is made on a public hearing
item versus a new item.
Commissioner Weremiuk said she would not be in attendance for the first meeting in
January.
PLANNING DIRECTOR'S REPORT:
Director Fagg reminded the POD subcommittee (Calerdine, Roberts and Weremiuk) of
an upcoming meeting and noted that no Planning Commission meeting will be held on
December 24th.
ADJOURNMENT:
The Planning Commission adjourned at 5:00 pm to 1:30 pm, Wednesday, January 14,
2015, City Hall, Council Chamber, 3200 East Tahquitz Canyon Way.
Finn Fagg, AICP
Director of Planning Services