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HomeMy WebLinkAbout2016-04-27 PC Meeting MinutesCITY OF PALM SPRINGS PLANNING COMMISSION MINUTES April 27, 2016 Council Chamber, City Hall 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 CALL TO ORDER: Chair Klatchko called the meeting to order at 1:30 pm. ROLL CALL: Present This Meeting: Commissioner Donenfeld, Commissioner Hirschbein, Commissioner Middleton, Commissioner Weremiuk, Vice - Chair Calerdine, Chair Klatchko Absent This Meeting: Commissioner Lowe Staff Present: Flinn Fagg, Michael Daudt, Marcus Fuller, Terri Hintz, David Newell REPORT OF POSTING OF AGENDA: The agenda was posted 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, April 21, 2016. ACCEPTANCE OF THE AGENDA: The agenda was accepted as presented. PUBLIC COMMENTS: Chair Klatchko opened public comments: ERIC TAYLOR, provided clarification about items pertaining to the Serena Park project that was approved at their April 13th meeting. There being no further appearances public comments was closed. 1. CONSENT CALENDAR: Planning Commission Minutes City of Palm Springs April 27, 2a15 113. A REPORT ON AN APPROVED LAND USE PERMIT ISSUED TO MIGGY'S CANTINA, LLC FOR OUTDOOR ENTERTAINMENT / MUSICIANS AS AN ACCESSORY USE TO A RESTAURANT LOCATED AT 1555 SOUTH PALM CANYON DRIVE, ZONE PD-131 I I.L. (CASE LUP 13-067). (DN) ACTION: Approve Item 1 B, as part of the Consent Calendar. Motion: Commissioner Donenfeld, seconded by Commissioner Weremiuk and unanimously carried 6-0-1 on a roll call vote. AYES: Commissioner Donenfeld, Commissioner Hirschbein, Commissioner Middleton, Commissioner Weremiuk, Vice -Chair Calerdine, Chair Klatchko ABSENT: Commissioner Lowe 1A. APPROVAL OF MINUTES: APRIL 13, 2016 Approval. Chair Klatchko requested the minutes of April 13, 2016 be pulled for further discussion. Commissioner Weremiuk requested changes to minutes on the conditions for Item 2B. Serena Park, as noted. ACTION: Approve minutes of April 13, 2016, as amended. Motion: Vice -Chair Calerdine, seconded by Commissioner Weremiuk and carried 5-1-1 on a roll call vote. AYES: Commissioner Hirschbein, Commissioner Middleton, Commissioner Weremiuk, Vice -Chair Calerdine, Chair Klatchko ABSENT: Commissioner Lowe ABSTAIN: Commissioner Donenfeld. 2. PUBLIC HEARING: 2A. SERENA PARK - PALM SPRINGS COUNTRY CLUB LLC, FOR A DEVELOPMENT AGREEMENT RELATED TO THE REDEVELOPMENT OF APPROXIMATELY 125-ACRE OF PREVIOUSLY DISTURBED VACANT LAND FOR 137 ATTACHED RESIDENCES, 292 DETACHED RESIDENCES, STREETS, PRIVATE OPEN SPACE AND PUBLIC PARK LOCATED NORTH OF VERONA ROAD, EAST OF FARRELL DRIVE, NORTH OF JOYCE DRIVE, EAST OF SUNRISE WAY AND SOUTHWEST OF THE WHITEWATER RIVER WASH, SECTION 36 / TOWNSHIP 3 / RANGE 4, AND SECTION 1 /TOWNSHIP 4 / RANGE 4 (CASE NOS. 5.1327 DA). (DN) (Continued from the April 13, 2016 Meeting.) Planning Director Fagg gave background information and provided an overview on the development agreement outlined in the staff report. 2 Planning Commission Minutes City of Palm Springs April 27, 2Di6 The Commission requested clarification on the following items: • Why are all the approved conditions not included? • Purchase of Open -Space and Density Transfer. • Quimby fees. • Additional layer of review by the City. • Fixed development standards and enforceable commitments to HOA's. • Locking in fixed amount for fees that may increase. • The connection to Francis Drive. • A recommendation to the HOA to limit rental units to rental period. • A provision for escalation of fees. • The 10-year timeframe for completion of project. • No default provision. • Experience with privately maintained public park facility. • Items over and above the developer is proposing for public benefit. • Concern with the HOA maintaining the park. • Provision for cost reimbursement. • What is the final number of units? • Details of park amenities. Chair Klatchko opened the public hearing: the adjacent a 30-day MARK ALLEN, legal representation for the applicant, spoke about the origin of development agreements. He emphasized that this is a very complicated shaped project and will be a market -phased development. He addressed adjustment of fees, including the conditions as attachments, over -and -above open -space and the density transfer agreement. FRED FABRICANT, said the private street is owned by 38 individuals and the developer has not tried to get access. RONALD HERISKCOE, PS Country Club, board member (Phase III), said Francis Street is a public street and suggested this road be used as the 3rd access. There being no further appearances the public hearing was closed. Commissioner Donenfeld requested further clarification on the Density Transfer and specific target properties. Commissioner Weremiuk made comments on: • A 20-year term makes sense. • City fees should be revisited - a 5 year escalation if the city goes through a fee study. 3 Planning Commission Minutes City of Palm Springs April 27, 2015 • Uphold cost for Density Transfer. • Park details should be included in the Development Agreement. Commissioner Calerdine made comments on: • Consider this condition pertaining to the Whitewater drive access: The City shall work with the developer and residents to develop access including reimbursement to the owners of the existing easement. • 25% of open -space should be used on land or improvements within one mile of this project. Commissioner Hirschbein made comments on: • Supports open-space/parks within one mile of vicinity of project. • Does not support locking in the fees. • Not opposed to the 20-year term, but require that the undeveloped portions be mitigated until it is fully developed. • The 3rd access point is critical and the West Whitewater is most important_ Commissioner Middleton made the following comments: • A 3rd access is needed - the most appropriate use is for this development to gain use of what is now a private street. • Tolling of any term of agreement in the event a lawsuit is filed to prohibit construction or further completion. • The HOA documents need to clearly define that the HOA maintains the park. • Fees should be adjusted every 5 years to allow for decrease 1 increase. Commissioner Donenfeld made the following comments: • Disagrees with the Density Transfer to buy property in the area (It should be looked at on a citywide basis). • Agrees with a 20-year term. • Periodic adjustment of fees; every 5 years is appropriate. • A 3rd access point is critical and essential for this project going forward. Chair Klatchko made the following comments: • Liquidated Damages: A provision in the event that the developer defaults - will leave to the City Attorney to craft language that is enforceable. • Legal fees: The prevailing party will be responsible. • Amount: Should be a fixed amount paid in early process rather than a per unit payout over the 10 - 20 years when this project is completed. • 3rd Access: A strong point by the Commission. • Park: Add specific requirements for amenities, public park - HOA maintains (or the HOA to pay the City to maintain). • Density Transfer: Agrees the open -space location should be determined by the City Council and reviewed on a citywide basis. 4 Planning Commission Minutes City of Palm Springs April 27, 2016 Several of the members of the Commission expressed concern that a portion the money received from the Density Transfer be utilized on parks in the adjacent neighborhood because of the impact. ACTION: Recommend approval of the Development Agreement to the City Council based on the Alternate Plan, subject to the following Conditions of Approval: 1. The Planning Commission finds that the Development Agreement is consistent with the General Plan, with the exception that the Environmental Impact Report does not adequately address the signaling on the corner of Farrell Drive and Racquet Club and on the corner of Racquet Club and Vista Chino Drive. 2. Recommend a 20-year term to facilitate financing for the developer. The permit fees should be adjusted every 5 years to the current reasonable rate as the City determines the cost of service. 3. Density Transfer: The City Council to determine the amount and location. The payment of the fees should be set by the City Council on a date certain (early in the process) in lump sum (not on a unit per unit basis). 4. Include liquidated damages provision in the agreement in the event the developer does not perform. 5. The developer is required to continue Environmental Mitigation appropriately for the term of the agreement. 6. A provision be added that the losing party be responsible for the legal fees. 7. A strong recommendation that there be a 3rd access point as a condition of approval. The appropriate access is Whitewater Driver. The City and Public Works to take the lead in working with the developer and homeowners to facilitate the use of West Whitewater Drive as a public road for a 3rd access point with appropriate compensation to the owners of the current street. (An alternative is to consider Francis Drive as a 3rd access point.) 8. Park: The development agreement to deal with the requirements of the upkeep and maintenance of the park. The amenities shall be included in the development agreement. 9. The Conditions of Approval to be attached/incorporated in the Development Agreement. 10. Traffic calming measures shall be incorporated at Whitewater and Verona Street subject to approval by Public Works. Motion: Commissioner Weremiuk, seconded by Commissioner Middleton and unanimously carried 6-0-1 on a roll call vote. AYES: Commissioner Donenfeld, Commissioner Hirschbein, Commissioner Middleton, Commissioner Weremiuk, Vice -Chair Calerdine, Chair Kiatchko ABSENT: Commissioner Lowe Planning Commission Minutes City of Palm springs April 27, 2016 The Commission congratulated Mr. Eric Taylor for being an excellent developer to work with. He listened to the neighbors and the Commission with great professionalism. A recess was taken at 3:29 pm. The meeting reconvened 3:44 pm. PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS: (This Item was taken out of order.) Commissioner Middleton reported that she was appointed as a liaison to the Sustainability Commission and they have been working on issues with the Green Building Ordinance on how to expand the number of homes & businesses that are using solar power. She indicated that the Sustainability Commission has appointed David Freeman as liaison to the Planning Commission as well as Nathan Otto, owner of Hot Purple Energy, as liaison to the AAC. Mr. Freeman introduced himself and provided details on their upcoming meeting with the City Council. 3. NEW BUSINESS: 3A. PALM SPRINGS PROMENADE, LLC, OWNER, TO ESTABLISH A SIGN PROGRAM FOR THE BLOCK A BUILDING LOCATED WITHIN THE MUSEUM MARKET PLAZA SPECIFIC PLAN AT THE NORTHWEST CORNER OF PALM CANYON DRIVE AND ANDREAS ROAD, ZONE CBD, SECTION 15 (CASE SP 16- 002). (DN) (Continued from the April 13, 2016 Meeting.) Associate Planner Newell presented an overview of the proposed sign program as outlined in the staff report. JIM CROSS, representing Best Signs, said the Downtown sign ordinance does not work for the tenants. He indicated that the West Elm sign at 22" total height is too small and aesthetically and proportionally the ratio is not representative of the area. He was available for questions. Commissioner Calerdine requested clarification and/or commented on: • Do the individual tenants have to return for review? • This is a project the city has invested in heavily and wants to see it succeed. He thinks the AAC restrictions are too small and should be closer to the 32" and 22" for the lower case letters. • In favor of the blade signs & glazing signs on Palm Canyon and Andreas. • The 60 day restriction is unnecessary and prefers the time extended until the project opens. L" Planning Commission Minutes City of Palm springs April 27, 2016 Commissioner Hirschbein made requested clarification and/or commented on: Agrees that the downtown sign guidelines are inappropriate for this building and need to be a little bigger. The 16" height letter is legible for "Juice Served Here" building and prefers the 22" height for upper case and 18" for the lower case. Opposed to the blade signs - there is too much signage including the glazing and prefers the halo -lit letter. Commissioner Middleton said these standards are not measuring up and thinks they should not be looking at height of the letters but rather at the total square footage. She does not think the West Elm signage is unreasonable and is inclined to approve this sign as proposed. Chair Klatchko concurred with Commissioners Calerdine and Middleton about being liberal with this first-class building. He is less concerned about setting different height limits on the different fonts. Commissioner Donenfeld concurred that this is a large building and the proposed letters are appropriate for the building. He agrees on the 36" size for West Elm; however, is uncertain about the blade signs because it takes away from it. He is in favor of adding signage over the canopy in the back of the building for customers picking up merchandise. Commissioner Weremiuk said it would be good to have a sign on the canopy in the back of the building and suggested a 22" height. She noted that the accommodation the Commission is making is because of the size of the building and they are not setting precedence for the rest of the development. ACTION: Approve, with Conditions subject to: Modifying the Architectural Advisory Committee recommended conditions as follows: 1. Canopy (individual letter) signs and glazing signs allowed on Palm Canyon, Market Street Paseo and Andreas Road frontages. 2. Blade signs and glazing signs allowed on all frontages. 3. Temporary construction sign graphic allowed for 100 days. 4. Lighting: Permitted per existing sign code requirements. 5. "Juice" sign: Not to exceed 72% of the frontage. 6. The two additional tenants on the Palm Canyon frontage on the canopy not to exceed 16" in height, or if either exceeds 16" in height, the total square footage shall not exceed the Downtown Sign Ordinance limits. 7. Two signs on the west side of the building at the maximum height of 22". 8. The West Elm sign on Palm Canyon frontage to be a maximum height of 36". 7 Planning Commission Minutes City of Palm Springs April 27, 2016 Motion: Vice -Chair Calerdine, seconded by Commissioner Weremiuk and unanimously carried 6-0-1 on a roll call vote. AYES: Commissioner Donenfeld, Commissioner Hirschbein, Commissioner Middleton, Commissioner Weremiuk, Vice -Chair Calerdine, Chair Klatchko ABSENT: Commissioner Lowe PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS: Commissioner Donenfeld reported an unpermitted neon light on the Oasis building at corner of Tahquitz Canyon and Palm Canyon. Vice -Chair Calerdine noted that he would not be in attendance at the next meeting. Commissioner Middleton requested the Commission forward any comments on green buildings and additional solar requirements. Commissioner Weremiuk suggested changing lights to LED lighting and capacity for more efficient solar panels. She noted that CVAG has ideas on building efficiency in their submittal to the Planning Commission in 2012. PLANNING DIRECTOR'S REPORT: Director Fagg discussed holding a study session on May 11 th on the Eagle Canyon project and other topics. He provided details on the items scheduled for the upcoming regular agenda. ADJOURNMENT: The Planning Commission adjourned at 5:10 pm to a study session at 11:00 am on Wednesday, May 11, 2016, City Hall, Large Conference Room, 3200 East Tahquitz Canyon Way. Flinn Fagg, AICIP Director of Planning Services