HomeMy WebLinkAbout2015-04-08 PC Meeting MinutesCITY OF PALM SPRINGS
PLANNING COMMISSION MINUTES
April 08, 2015
Council Chamber, City Hall
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
CALL TO ORDER:
Chair Hudson called the meeting to order at 1:34 pm.
ROLL CALL:
Present: Commissioner Calerdine, Commissioner Lowe, Commissioner
Middleton, Commissioner Roberts, Commissioner Weremiuk, Vice -
Chair Klatchko and Chair Hudson
Absent: None
Staff Present: City Attorney Daudt, Planning Director Fagg, Planning
Administrative Coordinator Hintz, Assistant Director of Public Works
Khamphou, Associate Planner Lyon, Associate Planner Newell and
Principal Planner Robertson
*Commissioners Roberts and Weremiuk arrived at 1:35 pm.
REPORT OF POSTING OF AGENDA:
The agenda was available for public access
side of Council Chamber) and the Planning
April 2, 2015.
ACCEPTANCE OF THE AGENDA:
at the City Hall exterior bulletin board (west
Services counter by 6:00 pm on Thursday,
Chair Hudson reported that Items 1A and 1 B would be moved to the end of the agenda.
ACTION: Accept the agenda as amended.
Motion: Commissioner Calerdine, seconded by Vice -Chair Klatchko and unanimously
carried 6-0-1 on a roll call vote.
AYES: Commissioner Calerdine, Commissioner Lowe, Commissioner Middleton,
Commissioner Weremiuk, Vice -Chair Klatchko, Chair Hudson
ABSENT: Commissioner Roberts
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PUBLIC COMMENTS:
Chair Hudson opened the public comments portion of the meeting:
BRIAN DIEBOLT, designer (Item 2A), has comments and would like to discuss them.
MICHELLE MAHONEY, spoke in support of Item 3A (Tuscany Heights); likes the desert
landscape, solar and style of architecture.
ERNEST GERKE, spoke in reference to Item 3A, expressed concern with the mountain
views and privacy issues.
FRANK TYSEN, spoke in reference to Item 4A, expressed concern with the density and
40 swimming pools for this project.
There being no further speakers public comments was closed.
2. UNFINISHED BUSINESS:
2A. CONT'D - A MAJOR ARCHITECTURAL APPLICATION BY DENLAR LLC FOR
A SINGLE-FAMILY RESIDENCE ON A HILLSIDE LOT LOCATED AT 2110 NORTH
LEONARD, ZONE R-1-B (CASE 3.3817 MAJ). (KL)
Associate Planner Lyon provided an update on the continued project as outlined in the
staff report. Mr. Lyon reported that staff has concluded from the studies that the
proposed home will not impact the adjacent neighbor's solar panels.
Technical Questions:
• Engineering Dept. recommending street improvements - installation of curbs,
gutters and sidewalks;
• Drainage issues;
• Solar agreement between the two parties;
• Gaps in the sidewalks creating safety hazards;
• Deferment of street improvements.
DENNIS FREEMAN, developer, appreciates the Commission's support on the curb and
gutters. He requested a deferral of the Via Escuela street improvements until the
Boulders project goes in by covenant or assessment district; explaining that this is a
huge financial burden.
The Commission commented and/or questioned the following:
• Costs of street improvement on Leonard Road;
• Connecting street and/or hammerhead - the Fire Department's condition (FID #6
condition);
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• Process to create an assessment district or covenant.
ACTION: Approve, subject to Conditions, as amended:
• The applicant shall not be required at this time to add curb and gutter
improvements.
• The City would create the covenant necessary to create curb and gutters in the
future.
• The hammerhead and street extension of Leonard Road to match the existing
road (no curbs and gutters) to satisfy the Fire requirements.
Motion: Commissioner Roberts, seconded by Commissioner Calerdine 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. FAR WEST INDUSTRIES FOR ARCHITECTURAL APPROVAL TO CONSTRUCT
12 SINGLE-FAMILY RESIDENCES ON HILLSIDE LOTS WITHIN AN EXISTING
GATED 15-LOT SUBDIVISION (TRACT 28495) LOCATED ALONG TUSCANY
HEIGHTS DRIVE, SOUTH OF WEST RACQUET CLUB ROAD, ZONE R-1-B (CASE
NOS. 3.3803 MAJ - 3.3814 MAJ AND 7.1456 AMM - 7.1467 AMM). (DN)
Associate Planner Newell provided an overview on the proposed 12 single-family
residences on hillside lots as outlined in the staff report.
Commissioner Weremiuk asked if construction would begin on the east side and the
construction trucks would be lining up on Tuscany Drive.
Commissioner Middleton questioned if a public benefit is required for this type of
project.
BRIAN BERKSTON, Far West Industries, project manager, said they have studied the
market and addressed the phasing of the project. He indicated their timeframe is to be
built within one year from the time building permits have been issued. He provided
details on the grading, setbacks, height, roof decks and landscaping of the project.
GEORGE ALVAREZ, Far West Industries, land developer manager, addressed the
height of adjacent homes, roof pitch and building elevations. He provided details on the
existing wrought iron fence.
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Commissioner Roberts commented that this a good project and made the following
comments:
• Preferred to see the rooftop decks on the east side removed for privacy;
• Landscaping will be needed on both sides of east side property fence;
• Concerned that the height of the houses will affect the views of the Palisades
project coming; would like to see the rooflines much lower.
Chair Hudson noted that this would have been easier to analyze if site sections of the
adjacent properties would have been provided especially with hillside neighborhoods.
He agreed adding more landscaping; however, suggested keeping it simple.
ACTION: Approve, subject to Conditions as amended:
• Roof decks shall be eliminated from the homes proposed on Lots 10, 12 and 15.
• Building heights shall be consistent with the plans included in the agenda packet
of April 8, 2015.
• Homes shall be constructed with pre -wiring for rooftop solar collectors.
• The perimeter fence on the east side of the subdivision shall include landscaping
(such as vines) to enhance privacy between proposed and existing homes.
• All construction vehicle parking / staging shall occur on Tuscany Heights Drive.
Motion: Commissioner Weremiuk, seconded by Commissioner Calerdine 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. NATHAN AND GINA OTTO REQUESTING APPROVAL OF AN ART MURAL
APPLICATION FOR AN EXISTING MURAL ON THE COMMERCIAL BUILDING AT
810 N. FARRELL DRIVE (CASE 15-001 MUR). (FF)
Director Fagg provided background information on the mural ordinance and presented
an overview on the proposed art mural.
Commissioner Weremiuk questioned if there is a limit on the number of murals that are
permitted. She concluded that this is a logo and questioned using the sign variance
process.
Vice -Chair Klatchko said he sees this as an advertisement (with the logo) and
questioned the immediate approval because of the fact that it was painted prior to the
mural ordinance.
Chair Hudson said that although he liked the colors and how it wraps around the
building this is a sign.
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The consensus of the Commission is that this is application should come back for
review to the Commission as a sign variance and not a mural application.
ACTION: Deny.
Motion: Commissioner Weremiuk, 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
3C. FUNKEY BAR, INC. REQUESTING APPROVAL OF AN ART MURAL
APPLICATION FOR AN EXISTING MURAL ON THE COMMERCIAL BUILDING AT
340 N. PALM CANYON (CASE 15-002 MUR). (FF)
Director Fagg provided background information on the proposed mural as noted in the
staff report.
Commissioner Roberts noted that the mural is professionally executed and spoke in
favor of the mural.
Commissioner Calerdine said he does not like where the mural is located but will
support the Commission on this.
ACTION: Approve, subject to Conditions.
Motion: Commissioner Roberts, seconded by Commissioner Calerdine and carried 6-1-
0 on a roll call vote.
AYES: Commissioner Calerdine, Commissioner Middleton, Commissioner Roberts,
Commissioner Weremiuk, Vice -Chair Klatchko, Chair Hudson
NOES: Commissioner Lowe
4. DISCUSSION ITEM:
4A. THE ALTUM GROUP REQUESTS A PRE -APPLICATION FOR A PLANNED 50-
UNIT SINGLE-FAMILY RESIDENTIAL DEVELOPMENT ON APPROXIMATELY 6.3
ACRES OF VACANT LAND LOCATED AT THE WEST END OF MESQUITE DRIVE,
ZONE R-3, SECTION 30 (CASE PA15-001). (ER)
Principal Planner Robertson presented the proposed pre -application project. He noted
that no action is required, only general comments on how the project could be
improved: site plan layout, density and development standards.
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The Commission commented and/or asked questions on the following:
• Is there is sufficient parking for utility vehicles and guest parking? There is no
driveway parking.
• Conceptual plans do not show how close the homes are to each other.
• Small lots - Consider reconfiguration to allow more open, common area.
MATT WERNER, RHS Max, property owner, spoke about their vision for this site and
provided further details.
MICHAEL PERONI, The Altum Group, commented that the exhibits are conceptual to
get feedback from the Commission. He said this project has had a lot of challenges
because it is nestled against the hillside. Mr. Peroni said they would like to get the
Commission's input to achieve a design that physically works and has a minimal impact
on the site.
Commissioner Roberts thanked the applicant for bringing this in as a pre -application
and made the following comments:
• Likes the wood elements.
• Less density.
• More open green space is needed to allow people to walk their dogs.
• Attractive houses; however there is repetition of design and would like to see
differentiation - such as landscape to break it up.
Chair Hudson said he likes the 2-story scheme and made the following comments:
• Encouraged the applicant to come up with a 2nd model to get more variety and
richness.
• Wider streets and no gates is good progress.
• Concern with guest parking and the 20 ft. driveways.
• Architecturally, it is a simple scheme.
• Suggested using the cul-de-sac at the higher elevation as a communal space.
Commissioner Weremiuk made the following comments:
• Appreciates not having the development gated and maintained streetscape.
• Prefers to see 28' wide streets to accommodate utility or emergency vehicles.
• Lots are too small.
• 10 ft. building separation is great and suggested a shared -use easement.
• Likes the front balconies.
• Would like to see a recreational amenity in the project.
• More model houses.
Commissioner Calerdine noted there is 23 acres of open space and questioned how the
balance of property would be used. The applicant responded that base of the mountain
is a part of the project; however, it cannot be developed and will be a part of the natural
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landscape. Commissioner Calerdine was pleased to see that no gates were proposed
and suggested integration of the hillside area as open -space for the project.
Commissioner Middleton said she resides in the adjacent neighborhood and is pleased
to see increased development in this area. She made the following comments:
• Encouraged the applicant to reach out to the mobile home park neighborhood
organization;
• Likes the street circulation and how it flows;
• Work on maximizing privacy from one home to another;
• Provide more guest parking so it can be used by service vehicles;
• Shared easements are a way to create more distance between the homes;
• Pre -wire for solar;
• The developer may wish to consider vacation rentals could be restricted to 30
days or more in the initial HOA regulations.
MATT WERNER said they would address the issues and look forward to filing a formal
application.
A recess was taken at 3:59 pm. The meeting resumed at 4:09 pm.
1. PUBLIC HEARINGS:
1A. CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT TO AMEND PALM
SPRINGS ZONING CODE (PSZC) SECTION 91 AND 93 TO CLARIFY AND
ESTABLISH STANDARDS FOR SOLAR COLLECTORS AND SOLAR ENERGY
SYSTEMS (CASE 5.1365 ZTA). (FF)
Director Fagg provided an overview of the proposed zone text amendment as outlined
in the staff report.
Technical Questions:
• The W (Watercourse) zone and consistency with the MSHCP;
• Maximum height;
• Additional height for built -out houses;
• Safety requirements for adjacent property;
• Special requirements for hillside homes.
Chair Hudson opened the public hearing:
DEAN MANGIONE, commented that he is experiencing glare from the adjacent
property's solar panels; and recommended the Fire Department's guidelines be
enforced.
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There being no further speakers the public hearing was closed.
Commissioner Roberts expressed concern with approving existing properties that are at
the maximum height. He suggested that a Variance be used for the additional height.
Director Fagg recommended a Land Use Permit; however this is a ministerial action.
Commissioner Middleton noted that some properties are not feasible for solar arrays
and encouraged development in commercial areas.
Commissioner Weremiuk spoke in favor of encouraging solar and in order to avoid
additional fees she suggested adding language "for director approval' if it extends
above the maximum height.
Director Fagg recommended this item be continued so that it can return to the
Sustainability Commission. Also to work on the following issues: glare, fine tune
language on the encroachment, fire department regulations for sloping and flat roofs
and maintenance of solar panels.
ACTION: Table.
Motion: Commissioner Weremiuk, seconded by Commissioner Calerdine and
unanimously carried on a roll call vote.
AYES: Commissioner Calerdine, Commissioner Lowe, Commissioner Middleton,
Commissioner Roberts, Commissioner Weremiuk, Vice -Chair Klatchko, Chair Hudson
1B. CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT TO AMEND
PALMS SPRINGS ZONING CODE (PSZC) REGARDING THE CULTIVATION OF
MEDICAL CANNABIS AND DEVELOPMENT STANDARDS FOR MEDICAL
CANNABIS COOPERATIVES OR COLLECTIVES (CASE 51218-D ZTA). (FF)
Director Fagg provided an overview on the proposed zone text amendment regarding
cultivation of medical cannabis and development standards for cooperatives.
Technical Questions:
• Restricting the use to the Industrial zone;
• Limiting the size of cultivation - operational standards (serves approved facilities
only);
• Enclosed facilities rather than open air facilities to conserve the energy draw;
• Cultivation facilities separate from dispensaries.
Chair Hudson opened the public hearing:
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DIANE BLASDELL, represents Organic Solutions of the Desert, explained that this
issue has come up because the cannabis cooperatives are having difficulty supplying
the needs of their clients. Ms. Blaisdell said the clients are looking for clarification if the
cultivation must be located in this city.
ANDREW MILKS, Brown Dog Health and Wellness, president (permitted dispensary in
DHS) spoke about adding more cooperatives and reducing or eliminating the distance
requirement from residential zones.
ROBERT VAN ROS, Palm Spring Safe Access, president, spoke in favor of cultivation
facilities.
JULIE MONTANTE, Palm Springs Organica, she would like to be considered as one of
the 5th permittees and suggested all grows should be taxed.
JOY BROWN MEREDITH, spoke in support of the cultivation facilities and zoning
expansion.
There being no further speakers the public hearing was closed.
Commissioner Calerdine made the following comments:
• Would the cultivation facility only serve their collective or another approved
cooperative? How would this be enforced?
• Is a greenhouse considered a closed facility?
• Not in favor of expanding the sales facilities or including the CBD or
neighborhood commercial zone.
• Prefers the Highway zone for the dispensaries.
Commissioner Lowe said he supports expanding the zoning in commercial areas near I-
10 area or vacant commercial buildings. He is opposed to the downtown district or in
residential areas.
Commissioner Weremiuk made the following comments:
• Agreed that the cultivation facilities should be in separate areas from
dispensaries;
• Preferred outdoor/greenhouse facilities because water and electrical use is less
intensive;
• Taxing the grow;
• Questioned why limit to buying from this city only;
• Professional zone (medical establishments) and General or Highway
Commercial;
• Uncertain about the distance separation between facilities (a district makes more
sense).
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Commissioner Middleton made the following comments:
• Prefers cultivation facilities in districts; in the business and retail zoning does not
make sense;
• If a greenhouse is more efficient and can be secured - sees no reason to impose
the additional burden and drain natural resources.
Commissioner Roberts made the following comments:
• Cultivation facilities should be in allowed in districts or zones where it can be
grown in areas with plenty of space (industrial areas);
• Cultivation facilities are a target for crime - consider the standards (security and
enforcement);
• No issues with integrating cooperatives into greater commercial districts.
Chair Hudson made the following comments:
• The separation requirements are quite burdensome - review best practices of
other cities;
• Co -location;
• Add more restrictions and allow in central commercial districts;
• A square footage capacity should be added;
• Zoning should be allowed everywhere except in the CBD - views these as
pharmacies;
• Separation distance from residential needs to be much less.
• Security concerns for the cultivation facilities.
Vice -chair Klatchko made the following comments:
• Does not understand why the facilities need to be separate;
• Broaden the zones where the dispensaries are permitted by reviewing on a case -
by -case basis with a Conditional Use Permit;
• Why does each facility need to grow their own and cannot acquire from another
city?
• How would the city tax the sale?
• Does not agree with the comparison to liquor. This is for medical use not
recreational use.
ACTION: Continue to a date certain of April 22, 2015.
1. Compare zoning regulations for surrounding cities and other California cities.
2. Establish a subcommittee to review and make recommendations to the Commission.
(Calerdine, Lowe and. Middleton)
Motion: Commissioner Weremiuk, seconded by Commissioner Calerdine and
unanimously carried on a roll call vote.
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AYES: Commissioner Calerdine, Commissioner Lowe, Commissioner Middleton,
Commissioner Roberts, Commissioner Weremiuk, Vice -Chair Klatchko, Chair Hudson
PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS:
Commissioner Calerdine requested a study session on the topic of incomplete streets in
this city.
PLANNING DIRECTOR'S REPORT:
No comments.
ADJOURNMENT:
The Planning Commission adjourned at 5:32 pm to Wednesday, April 22, 2015, at 1:30
pm, City Hall, Council Chamber, 3200 East Tahquitz Canyon Way.
FI nn Fagg, AICP
Director of Planning Services