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HomeMy WebLinkAbout2016-06-22 PC Meeting MinutesCITY OF PALM SPRINGS PLANNING COMMISSION MINUTES June 22, 2016 Council Chamber, City Hall 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 CALL TO ORDER: Vice -Chair Calerdine called the meeting to order at 1:30 pm. ROLL CALL: Present This Meeting: Commissioner Donenfeld, Commissioner Hirschbein, Commissioner Lowe, Commissioner Middleton, Commissioner Weremiuk, Vice -Chair Calerdine Absent This Meeting: Chair Klatchko Staff Present: Flinn Fagg, Michael Daudt, Marcus Fuller, Terri Hintz, Glenn Mlaker, David Newell REPORT OF POSTING OF AGENDA: The agenda was posted and available for public access at the City Hall exterior bulletin board (west side of Council Chamber) and the Planning Services counter by 6:00 pm on Thursday, June 16, 2016. ACCEPTANCE OF THE AGENDA: The agenda was accepted, as presented. PUBLIC COMMENTS: Vice -Chair Calerdine opened public comments: TRAE DANIEL, spoke in reference to Item 213 the Dakota project, does not think that every piece of land needs to be developed and encouraged the city to collect fees in - lieu of developing a park. CHRIS ANDERSON, Oceo resident, spoke in reference to Item 2A, requested the Commission require only one community dumpster at the eastern part of the community. Planning Commission Minutes City of Palm springs June 22, 2016 DARREL PERRY, Oceo resident, said he is one of the owners on the north side of the wall and does not want the wall torn down. He commented that the dumpsters attract transients and spoke in favor of eliminating all three trash enclosures. KEVIN FRANK, Oceo resident, board member, requested that the Commission not approve as an "As Built" conditions and require the developer to address: the lighting, one trash enclosure and sign in front of property. There being no further speakers public comments was closed. 1. CONSENT CALENDAR: 1A. APPROVAL OF MINUTES: MAY 25, 2016 STUDY SESSION, MAY 25, 2016 AND JUNE 8, 2016 REGULAR MEETING MINUTES Commissioner Weremiuk requested a change on the June 8th minutes. Commissioner Middleton noted that she would be abstaining on voting on the minutes of May 25th as she was not present. Vice -Chair Calerdine requested a minor change on the minutes of June 8th. ACTION: Approve the minutes, as amended (noting Commissioner Middleton's abstention on the minutes of May 25, 2016). Motion: Commissioner Weremiuk, seconded by Commissioner Lowe and unanimously carried 6-0-1 on a roll call vote. AYES: Commissioner Donenfeld, Commissioner Hirschbein, Commissioner Lowe, Commissioner Middleton, Commissioner Weremiuk, Vice -Chair Calerdine ABSENT: Chair Klatchko 2. NEW BUSINESS: 2A. OCEO PALM SPRINGS LP, REQUESTING AN AMENDMENT TO AN APPROVED PLANNED DEVELOPMENT DISTRICT FOR THE ACCEPTANCE OF AS -BUILT CONDITIONS WHICH INCLUDE CHANGES TO THE ORIGINALLY APPROVED SITE, LIGHTING, AND LANDSCAPE PLANS AT THE OCEO DEVELOPMENT LOCATED AT 1700 SOUTH CAMINO REAL, ZONE PD-305 (CASE NO. 5.1022 PD 305). (GM) Associate Planner Mlaker provided details of the proposed changes as outlined in the staff report. z Planning Commission Minutes City of Palm Springs June 22, 2016 Commissioner Donenfeld noted that the most troubling aspect of this amendment is the movement of the walls and questioned how the changes will affect the tract map. He asked why the deficiencies were not picked up earlier during inspections. Commissioner Weremiuk requested clarification and/or commented on: • Have both HOA'S been turned over to the homeowners? • What are the City's remedies for compliance? • Is there a requirement for a second sign? • Concern about setting precedence with loss of public space after the fact. Commissioner Middleton requested clarification and/or commented on: • Verified that the developer made decisions to change the project opposed to an inadvertent error. • Was the City not notified of the changes? • What is the City's procedure when a developer makes a decision to make changes to the project? • Does the City have the option of pursuing legal action against the developer? • Have civil actions been filed by the individual homeowners or the HOA against the developer? • Concerned about setting precedence. Commissioner Hirschbein requested clarification and/or commented on: • Were the building plans approved in accordance to the development plans? • What is Bona fide purchase? • Is there an easement on the dumpster property? • Are trash enclosures a requirement in similar PDD's? Vice -Chair Calerdine requested clarification and/or commented on: • Is the condo map enforceable? • Details on the building and engineering sign -off. • Landscape plans - types of trees that are a critical to the design of the units. • Guest parking for the multi and single-family units. Commissioner Weremiuk questioned if trash pickup is provided in this area. A brief recess was taken at 2:28 pm to allow the Commission time to review the public correspondence received at the dais. The meeting resumed at 2:39 pm. GEOFF PAYNE, attorney/owner, provided details on the construction of the wall and explained that 3 inspections were conducted for the different phases of the wall and was told by the building inspector that the condominium map and it does not specify. Mr. Payne indicated that the street plans had to be modified without trash enclosures 3 Planning Commission Minutes City of Palm Springs June 22. 2016 because trash pick-up would be provided and were approved and provided details on trees that they planted and were removed by the HOA. Commissioner Donenfeld made a Motion to approve the amendment, seconded by Commissioner Weremiuk. Public testimony and further discussion continued by the Commission. JEFF LA MAYE, HOA, president, responded to questions from the Commission pertaining to trash service, part-time residents are not available to take out the trash, lighting and landscape. DARREL PERRY, Oceo resident, is not requesting that the walls be torn down and moved. CHRIS ANDERSON, Oceo resident, said the sales office told him that the guest parking spaces would be for single-family homes. KEVIN FRANK, clarified that the trash enclosures and bins are stored in the garage or behind closed gates. ALEX LYONS, Oceo resident and commercial building owner, said she's offered the HOA to use the trash dumpster but they have declined_ She commented that the trees were planted according to plan and the HOA removed them. Commissioner Weremiuk said she is very unhappy with the loss of common open space and the only reason they are not being harsher is because five homeowners purchased the property unknowingly. Commissioner Hirschbein said he prefers staffs recommendations about the lighting and does not agree with changing certain aspect of the project and not others. Commissioner Donenfeld reiterated his Motion with added conditions. ACTION: Approve the amendment with the following conditions: 1. Trash Enclosure: Planning Director to review a redesign of the commercial trash enclosure or a trash enclosure on the east side. 2. Lighting Plan: Developer to provide documentation meeting the site lighting standards. A photometric plan be presented for review and comments allowed by the Oceo HOA. The Planning Director to approve final lighting plan. 3. Landscape Plan: The landscape plan shall be approved as an "as -built" condition. 4 Planning Commission Minutes City of Palm Springs June 22. 2016 Motion: Commissioner Donenfeld, seconded by Commissioner Weremiuk and carried 5-1-1 on a roll call vote. AYES: Commissioner Donenfeld, Commissioner Lowe, Commissioner Middleton, Commissioner Weremiuk, Vice -Chair Calerdine NOES: Commissioner Hirschbein ABSENT: Chair Klatchko A recess was taken at 3:31 pm. The meeting resumed at 3:40 pm. 2B. DAKOTA PS, LLC. REQUESTING AN AMENDMENT TO AN APPROVED PLANNED DEVELOPMENT DISTRICT TO ELIMINATE ONE UNIT AND CONSTRUCT A PUBLIC PARK SPACE AT THE SOUTHERLY PORTION OF THE 6.37-ACRE DEVELOPMENT LOCATED AT 1501 SOUTH BELARDO ROAD, ZONE PD-366, SECTION 22 (CASE 5.1310 PD-365 AMEND). (DN) Planning Director Fagg reported that new information was received and requested this item be continued to the first meeting in July. ACTION: Continue to July 13, 2016. Motion: Vice -Chair Calerdine, seconded by Commissioner Hirschbein and unanimously carried 6-0-1 on a roll call vote. AYES: Commissioner Donenfeld, Commissioner Hirschbein, Commissioner Lowe, Commissioner Middleton, Commissioner Weremiuk, Vice -Chair Calerdine ABSENT: Chair Klatchko PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS: Commissioner Middleton commented on a PIanning Commission action that was appealed to City Council and requested the Commission be notified. Commissioner Weremiuk said her concern was that Roy's has a drop-off and pick-up in this location and did not randomly select this location. PLANNING DIRECTOR'S REPORT: Planning Director Fagg provided an update on these items: 5 Planning Commission Minutes City of Palm Springs June 22, 2016 • Update of the Shell gas station and Serena Park. • A project status report on approved projects. • Election of Officers will be at next meeting. • Summer meeting schedule. • Commissioner Middleton will cover the AAC meeting for the month of July. ADJOURNMENT: The Planning Commission adjourned at 4:10 pm to Wednesday, July 13, 2016, at 1:30 pm, City Hall, Council Chamber, 3200 East Tahquitz Canyon Way. TF-n-n-�Fagg, AIC Director of Planning Services H.