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HomeMy WebLinkAbout2015-07-08 PC Meeting MinutesCITY OF PALM SPRINGS PLANNING COMMISSION MINUTES July 08, 2015 Council Chamber, City Hall 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 CALL TO ORDER: Vice -Chair Klatchko called the meeting to order at 1:38 pm. ROLL CALL: Present This Meeting: Commissioner Calerdine, Commissioner Donenfeld, Commissioner Middleton, Commissioner Roberts, Commissioner Weremiuk and Vice -Chair Klatchko Absent This Meeting: Commissioner Lowe Staff Present: Flinn Fagg, Michael Daudt, Terri Hintz, Savat Khamphou, David Newell and Edward Robertson REPORT OF POSTING OF AGENDA: The agenda was posted at the City Hall exterior bulletin board (west side of Council Chamber) and the Planning Services counter by 4:00 pm on Thursday, July 2, 2015. Vice -Chair Klatchko congratulated Commissioners Calerdine and Weremiuk on their reappointment to the Commission. He also welcomed back Commissioner Donenfeld as a member of the Commission. ACCEPTANCE OF THE AGENDA: Chair Klatchko noted that Item A - the minutes of June 24, 2015 would be continued to the next meeting due to a lack of voting members. The agenda was approved, as amended. PUBLIC COMMENTS: Vice -Chair Klatchko opened the public comments portion of the meeting: LARRY FECHTER, spoke in reference to Item 3C (Hacienda Cantina); urged the Commission not to permit exceeding the noise standards. City of Palm springs J 2 Planning Commission Minutes J July 8, 2015 JANEL HUNT, provided history on Lawrence Crossley's accomplishments in the city and requested approval of the street name change of Crossley Road from Ramon Road to Highway 111. ERNIE SMITH, Park View resident, spoke in reference to Item 3C (Hacienda Cantina) does not have a problem with the music going until 6 pm; however he does not want the decibel levels and hours increased. JUDY DEERTRACK, resides at Tahquitz Mesa Villas, spoke in reference to Item 3C (Hacienda Cantina) expressed concern with noise vibrations and repeated violations that affect the quality of life. ERIC CHIEL, Twin Palms Neighborhood Association, chair, spoke in reference to Item 3A, stated that the board and neighborhood association is in unanimous support of the street name change. PETER BOCHNENICH, legal representation for Item 3C (Hacienda Cantina), addressed previous public testimony pertaining to the decibel levels and compliant calls made to the police department; he emphasized their compliance in this matter. GEORGE MARANTZ, spoke in reference to Item 3C, said his property is located less than 200 feet from his facility; and they have no objection to the current operation, but no change in hours. FRANK TYSEN, spoke in reference to Item 3C, spoke about future plans to build hundreds of homes near the Cantina; noting this area is residentially zoned. ROXANN PLOSS, spoke in reference to Item 3C, commented that increasing the hours and sound levels would not be neighborhood friendly. She commented on Item 2A regarding tattoo zoning; noting that there are many other uses would be better in the downtown area. There being no further speakers public comments was closed. 1. CONSENT CALENDAR: 1A. APPROVAL OF MINUTES: JUNE 24, 2015 Table to next meeting. 2. PUBLIC HEARINGS: City of Palm Springs Planning Commission Minutes July 8, 2015 2A. CITY OF PALM SPRINGS TO AMEND THE PALM SPRINGS ZONING CODE (PSZC) 92.09.01 AND 92.09.02 TO ALLOW TATTOO PARLORS AND BODY PIERCING STUDIOS IN THE C-2, HC, C-M, M-1-P, M-1 AND M-2 ZONING DISTRICTS (CASE 5.1373 ZTA). (FF) Planning Director Fagg presented the proposed request to allow tattoo parlors and body piercing as outlined in the staff report. The Commission questioned and/or commented on: • Clarification on zones recommended by the subcommittee; • Downtown areas are not being recommended; Vice -Chair Klatchko opened the public hearing: FRANK TYSEN, said he supports the subcommittee's recommendations not to allow tattoo parlors in downtown. There being no further speakers the public hearing was closed. Commissioner Weremiuk suggested eliminating the M-1-P zone until there is a re- zoning. Motion: Commissioner Weremiuk to approve, with condition to eliminate the M-1-P zone. The motion was seconded by Commissioner Roberts. DISCUSSION: Director Fagg described the main areas that would be impacted by removing the M-1-P zones. Commissioner Middleton said she is struggling with eliminating so many other parts of the city because of one neighborhood. Commissioner Donenfeld asked for clarification on the Escena PDD governing the uses in the development. He expressed concern eliminating substantial areas in the city where there are appropriate areas for these facilities. He concluded that it is very clear that there will not be a problem for Escena. Chair Klatchko concurred and said he has difficulty eliminating the M-1-P zone; noting that establishing conditions with a CUP will allow the Commission to address issues on a case -by -case basis. 3 City of Palm Springs 14 Planning Commission Minutes July 8, 2015 Commissioner Weremiuk expressed concerns with areas outside of Escena abutting residential and small commercial areas. She commented on areas that would be appropriate and inappropriate for this use. After deliberation, Commissioner Roberts dropped his second motion because the Conditional Use Permit will come for review before the Commission. Commissioner Weremiuk withdrew her motion. ACTION: Recommend approval to the City Council. Motion: Commissioner Calerdine, seconded by Commissioner Roberts and carried 5-1- 1 on a roll call vote. AYES: Commissioner Calerdine, Commissioner Donenfeld, Commissioner Middleton, Commissioner Roberts, Vice -Chair Klatchko NOES: Commissioner Weremiuk ABSENT: Commissioner Lowe 2B. CITY OF PALM SPRINGS FOR A REQUEST TO CONSIDER A STREET NAME CHANGE FOR 34TH AVENUE TO SHORE BRIDGE LANE BETWEEN CROSSLEY ROAD AND MARGUERITE STREET (CASE 5.1375 SNC). (FF) Planning Director Fagg presented the proposed street name change to rename 34th Avenue to Shore Bridge Lane as outlined in the staff memorandum. The Commission asked for clarification on: Background information on the request for the street name change; For navigational purposes are dual names allowed to eliminate confusion; Time limits for dual name signs. Vice -Chair Klatchko opened the public hearing: TRAE DANIEL, commented on the definition of lane and avenue and spoke about Shore Bridge Lane being a functional street name. MARILYN PENIBCH, represents Tahquitz Creek Villas HOA, said they will be impacted with additional traffic, noise and garbage due to the new development coming in and the upgrade to the navigation system could take years. TERRY SUMNER, Tahquitz Creek Villas, HOA president, said their primary concern is with Dinah Shore Lane that runs parallel will cause confusion. City of Palm Springs 15 Planning Commission Minutes July 8, 2015 There being no further speakers the public hearing was closed. Commissioner Roberts does not see the street name change effective and noted the uniqueness of 34th Avenue. He noted concern with emergency vehicles struggling with the name change and does not support the dual name change. Commissioner Donenfeld noted reluctance in changing a street name change unless it is significant and important; to satisfy a developer or make a community feel better about itself is not a special exception. He does not have a concern with 34th Avenue but will not block the motion. Chair Klatchko spoke in opposition of creating a subcommittee from both communities since the parties have clearly stated their position. ACTION: Continue to a date certain of August 12, 2015 and direct staff to set up a meeting with a representative of the Tahquitz Creek Villas, a representative of the Lawrence Crossley Neighborhood Association and the developer of Vibrante to come up with a mutual agreement. Motion: Commissioner Calerdine, seconded by Commissioner Middleton and unanimously carried 6-0-1 on a roll call vote. AYES: Commissioner Calerdine, Commissioner Donenfeld, Commissioner Middleton, Commissioner Roberts, Commissioner Weremiuk, Vice -Chair Klatchko ABSENT: Commissioner Lowe A brief recess was taken at 2:50 pm. The meeting resumed at 3:02 pm. 3. NEW BUSINESS: 3A. PROPOSED RESOLUTION OF INTENTION TO CHANGE THE NAME OF ARQUILLA ROAD SOUTH OF EAST PALM CANYON DRIVE TO WILLIAM KRISEL WAY AND TO ESTABLISH THE DATE OF THE PUBLIC HEARING FOR THE PLANNING COMMISSION MEETING OF AUGUST 12, 2016 (CASE 5.1380 SNC). Planning Director Fagg presented the proposed intention to change the name of Arquilla Road as outlined in the staff report. Commissioner Middleton spoke in favor of this street name change. Commissioner Weremiuk cautioned that this is only a resolution of intention and the Commission needs to be open to public testimony when it comes back after notification. City of Palm Springs 16 Planning Commission Minutes July $, 2015 ACTION: Approve the resolution. Motion: Commissioner Middleton, seconded by Commissioner Donenfeld and unanimously carried 6-0-1 on a roll call vote. AYES: Commissioner Calerdine, Commissioner Donenfeld, Commissioner Middleton, Commissioner Roberts, Commissioner Weremiuk, Vice -Chair Klatchko ABSENT: Commissioner Lowe 313. WESSMAN HOLDINGS, LLC, REQUESTING A ONE-YEAR TIME EXTENSION FOR A PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT 343; A 54,122-SQUARE FOOT OFFICE AND RETAIL CENTER LOCATED AT THE NORTHWEST CORNER OF EAST SUNNY DUNES AND CROSSLEY ROAD (CASE 5.1164-PD 343). (ER) Principal Planner Robertson presented the one-year time extension request as outlined in the staff report. The Commission requested clarification on: • Have construction plans been submitted for site improvements? • Will the plans change for the new development? MICHAEL BRAUN, applicant, indicated that the negotiations they were working on with a potential tenant fell apart. He noted that the vacancies are filling up in the adjacent properties and they are hopeful on securing 50% tenant occupancies but cannot guarantee it. Commissioner Weremiuk recalled that this site does not have the road traffic from Ramon Road and Gene Autry and there are still major vacancies in both major shopping centers. She stated that this has gone on too long without any significant activity and is not certain this area will be built as a commercial big -box retail site in the near future. Mr. Braun indicated that the foot traffic will be brought by Wal-Mart and indicated by not extending their entitlements this would set them back significantly. Commissioner Middleton said she is inclined to allow one more year on this project because it is in a commercial district and this is the best use for this particular property. Commissioner Donenfeld supports the motion and agrees that the Commission needs to be more rigorous when reviewing the time extensions; however, Commissioner City of Palm Springs 17 Planning Commission Minutes July 8, 2015 Middleton made a good point that this is a commercial area and the Springs shopping center is now just beginning to fill the vacancies. Commissioner Calerdine said he will support the motion but does not share the same concern and does not see much risk to the city. He is more concerned that there is no development in the entire surrounding area and suggested the zoning and general plan may not be appropriate for this area. Commissioner Weremiuk agreed this site could be zoned inappropriately and will not support the motion. She does not believe there is a demand for retail in this area. ACTION: Approve one-year time extension with the provision that without any substantial movement (plans submitted to the City) it will not be approved next year. Motion: Commissioner Roberts, seconded by Commissioner Donenfeld and carried 5-1-1 on a roll call vote. AYES: Commissioner Calerdine, Commissioner Donenfeld, Commissioner Middleton, Commissioner Roberts, Vice -Chair Klatchko NOES: Commissioner Weremiuk ABSENT: Commissioner Lowe 3C. REVIEW OF AN APPROVED LAND USE PERMIT ISSUED TO MIGGY'S CANTINA, LLC FOR OUTDOOR ENTERTAINMENT I MUSICIANS AS AN ACCESSORY USE TO A RESTAURANT LOCATED AT 1555 SOUTH PALM CANYON DRIVE, ZONE PD-131 1 I.L. (CASE LUP 13-067). (DN) City Attorney Michael Daudt addressed the Commission's purview on this matter. Planning Director Fagg clarified that a letter was received from the Department of Alcoholic Beverage Control (ABC) to modify their conditions of approval; however, the applicant has not applied with the City to modify their conditions. Associate Planner Newell presented the proposed request to allow outdoor entertainment as outlined in the staff memorandum. BRYAN REYES, Operations Captain, Police Dept., introduced Lieutenant Araiza to provide facts regarding the calls received. GUS ARAIZA, Lieutenant, Police Dept., responded to questions from the Commission pertaining to the response time, noise volume reductions and complaints from vibration levels (bass) reverberating from the mountain. He stated that the majority of complaints City of Palm Springs I a Planning Commission Minutes July 8, 2015 are coming from the Tahquitz Mesa Villa and Parkview with a small percentage from Treno and Deepwell. Commissioner Weremiuk questioned if there's a possibility to research measuring bass volume. Director Fagg indicated that staff would provide research on this matter. The Commission questioned or commented on- • Meet with the applicant on a voluntary basis on compliance issues; • To return for review in six months; • Nature of complaints made to the Alcohol Beverage Control; • Encourage decibel readings to be taken in front of apartment complex; • The Happy Traveler Trailer Park residents do not have a problem with the sound levels but oppose any expansion of the hours of this facility. Commissioner Roberts left for the remainder of the meeting at 3:57 pm. Director Fagg recapped the Commission's comments. 1. Planning Commission review in 6 months_ 2. Research the complaints received by the ABC and provide to the Commission. 3. Research ways of measuring and/or limiting bass levels. 4. The hours are appropriate and not extend additional hours for the facility. 5. Take decibel readings in front of the properties towards the west. 6. Meet with the applicant on a voluntary basis on compliance issues. ACTION: Receive and file. Motion: Commissioner Calerdine, seconded by Commissioner Middleton and unanimously carried 5-0-2 on a roll call vote. AYES: Commissioner Calerdine, Commissioner Donenfeld, Commissioner Middleton, Commissioner Weremiuk, Vice -Chair Klatchko ABSENT: Commissioner Lowe, Commissioner Roberts 4. OTHER BUSINESS: 4A. ELECTION OF OFFICERS: 1. Election of Chair Commissioner Calerdine nominated Vice -Chair Klatchko as Chair, seconded by Commissioner Weremiuk. City of Palm Springs 19 Planning Commission Minutes July 8, 2015 No other nominations were made. By acclamation the nomination was accepted. 2. Election of Vice -Chair Commissioner Middleton nominated Commissioner Roberts as Vice -Chair, seconded by Commissioner Calerdine. No other nominations were made. By acclamation the nomination was accepted. PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS: The Commission made comments on: • Workshop on GPA for bike lanes traffic study. • Reappointments for the AAC vacancies. PLANNING DIRECTOR'S REPORT: Director Fagg reported the joint meeting with the AAC would be scheduled for August 10th at 1 pm. ADJOURNMENT: The Planning Commission adjourned 4:06 pm to Wednesday, July 22, 2015, City Hall, Council Chamber, 3200 East Tahquitz Canyon Way. f F� Flinn Fagg, AICP Director of Planning Services