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HomeMy WebLinkAbout2016-07-27 PC Meeting MinutesCITY OF PALM SPRINGS PLANNING COMMISSION MINUTES July 27, 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 Hudson, Commissioner Lowe, Commissioner Middleton, Commissioner Weremiuk, Vice -Chair Calerdine Absent This Meeting: None. Staff Present: Planning Director Fagg, Deputy City Attorney Daudt, Planning Admin. Coordinator Hintz, Principal Planner Robertson 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 6:00 pm on Thursday, July 21, 2016. ACCEPTANCE OF THE AGENDA: Commissioner Hudson noted his abstention on the minutes since he was not on the Commission during this time. Commissioner Lowe noted his abstention on the minutes due to his absence. PUBLIC COMMENTS: Vice -Chair Calerdine opened public comments: JACK VANDERWOUDE, applicant for Item 26, appreciated the City's and Planning Commission's patience in moving forward to see the fruition of this project. Planning Commission Minutes City of Palm Springs July 27, 2016 There being no further speakers public comments was closed. 1. CONSENT CALENDAR: 1A. APPROVAL OF MINUTES: MINUTES OF JULY 13, 2016 ACTION: Approve. Motion: Commissioner Weremiuk, seconded by Commissioner Hirschbein and carried 5-0-0 on a roll call vote. AYES: Commissioner Donenfeld, Commissioner Hirschbein, Commissioner Middleton, Commissioner Weremiuk, Vice -Chair Calerdine ABSTAIN: Commissioner Hudson, and Commissioner Lowe. 2. NEW BUSINESS: 2A. DENLAR, LLC, FOR AN AMENDMENT TO AN APPROVED MAJOR ARCHITECTURAL APPLICATION TO REDUCE THE SIDE YARD SETBACK FROM 16'-9" TO 10'-0" FOR A NEW HILLSIDE SINGLE-FAMILY RESIDENCE LOCATED AT 2110 LEONARD ROAD, ZONE R-1-13 (CASE 3.3817 MAJ). (FF) Planning Director Fagg provided background information on the sequence of approvals and the proposed amendment as outlined in the staff report. Mr. Fagg indicated that the house as sits on the lot it does conform to setback requirements; however, there is a section of the house that exceeds past the 12' height limit. Commissioner Middleton disclosed that she received ex-parte communication from the neighbor (including Little Tuscany Neighborhood Organization). Once she confirmed this project would be reviewed by the Commission she informed the neighbor that she could not engage in conversation on this matter. The Commission had the following technical questions: Commissioner Middleton: • How did the rotation error occur? • Has the rotation been approved? • Are you aware if the developer reached out to the neighbors? • How would the developer meet the height restriction? • Does the city have the ability to impose a penalty to the developer for violating the zoning code? • Do the neighbors have a civil action against the neighbor? Planning Commission Minutes City of palm Springs July 27, 2016 Commissioner Hudson: • If a fee/penalty is imposed who determines the amount? • Location of the mechanical equipment that is not shielded. Commissioner Lowe: • Did the developer contact the City about changing the plan? • When the city became aware of the problem. • Details about the "Stop Order". Commissioner Weremiuk: • How did this occur without the building inspector noticing it? • Verified that a signed certification was completed for the grading plan. • Verified the options available for the Commission. • Verified that penalties could be imposed if amendment is not granted. Commissioner Donenfeld: • How would penalties be initiated? Commissioner Hirschbein: • The hillside approval process. • Clarification on the sequence of events. DENNIS FREEMAN, Denlar LLC, developer, clarified that the certification is for pad elevations and not the location. He said the house has not changed height and it will be very difficult to cut a 7" section and seal the roof properly. He said shifting the house improves the backyard and would allow for a guest house. He requested leniency for rotation of the house did not think rotating the hose affected hillside development. ROBERT DORAN, property owner to the north, questioned how the development team misread the plans and requested the building codes be enforced with the original approval. Commissioner Middleton said after visiting the site it was pretty obvious to her that by rotating the house additional space was gained and asked the applicant if this was a deliberate decision. Mr. Freeman responded yes it was. She asked if he reached out to the city and the neighbors. He responded no. Commissioner Weremiuk made a motion to deny the application stating that it was an intentional disregard of the approvals and thinks it is not appropriate to modify the approval. She's glad in the future that building inspectors will be staking and measuring so that this does not happen again. 9 Planning Commission Minutes City of Palm Springs July 27, 2016 Commissioner Lowe concurred and thinks they rotated the house to add the casita and is concerned that this was done without any consultation to the City or Planning Commission. Commissioner Hirschbein agrees with the motion and does not know where this leaves the applicant. He said without any modification to the building he is not comfortable moving forward. Commissioner Middleton spoke in support of the motion and said that there was a mistake and consequences for that mistake and should be proportional. Commissioner Hudson concurred with the motion and said that a clear example needs to be set with this project for the additional staff time spent and expenses involved with a fee or penalty. He commented that by looking at the photographs and walking the site he thinks with minor modifications this would fit into the zoning & building requirements. He said part of the Commission's job is and try to come up with solutions and send a strong message about future projects. ACTION: Deny. Motion: Commissioner Weremiuk, seconded by Commissioner Lowe and unanimously carried on a roll call vote. AYES: Commissioner Donenfeld, Commissioner Hirschbein, Commissioner Hudson, Commissioner Lowe, Commissioner Middleton, Commissioner Weremiuk, Vice -Chair Calerdine 213. PALM SPRINGS FREEWAY DEVELOPMENT, LLC, REQUESTING AN EXTENSION OF TIME FOR A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (CUP) TO CONSTRUCT A 65-ROOM HOTEL, TWO DRIVE-THRU RESTAURANTS, ASSOCIATED PARKING AND SIGNAGE AT 610 WEST GARNET AVENUE, ZONE M-1-P, SECTION 15 (CASE NO. 5.0856-CUP). (ER) Principal Planner Robertson provided an overview of the proposed extension of time request as outlined in the staff report. He indicated that the main reason this project has come back for time extensions is to allow onsite wastewater treatment at this site. The Commission requested clarification and/or commented on: Commissioner Donenfeld: How long will it take the applicant to build an on -site wastewater treatment facility? Is the two-year time extension adequate time? Is this a valid permit from the Regional Water Quality Board? 4 Planning Commission Minutes City of Palm Springs July 27, 2016 • Is this a temporary facility until a permanent structure is built? • Why hasn't the applicant pursued other permits while waiting for the waste water approval? Commissioner Weremiuk: • How much time will the applicant need - one or two years? Commissioner Middleton: • Was the applicant aware of all the requirements when this project was permitted? Commissioner Hudson: Verified that this project will come back to review for the AAC since this was approved back in 2001. JACK VANDERWOUDE (responded to questions from the Commission) provided background information and noted that that this project was originally approved in 2004 and was designed with septic systems. He spoke about the moratorium on septic systems due to high nitrate levels back in 2007 and until recently received approval. He said two years would be greatly appreciated to give him a chance to deal with the logistical work in moving ahead. Commissioner Middleton said she's had serious concerns about the number of extensions they are granting for many projects. However, she thinks it's responsible for the Commission to take the moratorium into consideration. Commissioner Weremiuk said she supports the two-year time extension because if will save staff time and it will take two years. She commented that it's not only because of the moratorium that prevented him from building but this is a good use for the city. ACTION: Approve the two-year time extension subject to conditions. Motion: Commissioner Donenfeld, seconded by Commissioner Weremiuk and unanimously carried on a roll call vote. AYES: Commissioner Donenfeld, Commissioner Hirschbein, Commissioner Hudson, Commissioner Lowe, Commissioner Middleton, Commissioner Weremiuk, Vice -Chair Calerdine 2C. ELECTION OF OFFICERS: A. ELECTION OF CHAIR Commissioner Weremiuk nominated Lyn Calerdine as Chair. Commissioner Lowe seconded the nomination. 5 Planning Commission Minutes City of Palm Springs July 27, 2016 ACTION: Appoint Lyn Calerdine to serve as Chair. Motion: Commissioner Weremiuk, seconded by Commissioner Lowe and unanimously carried on a roll call vote. AYES: Commissioner Donenfeld, Commissioner Hirschbein, Commissioner Hudson, Commissioner Lowe, Commissioner Middleton, Commissioner Weremiuk, Vice -Chair Calerdine B. ELECTION OF VICE -CHAIR Commissioner Lowe nominated Kathy Weremiuk as Vice -Chair. Commissioner Middleton seconded the nomination. ACTION: Appoint Kathy Weremiuk as Vice -Chair. Motion: Commissioner Lowe, seconded by Commissioner Lowe and unanimously carried on a roll call vote. AYES: Commissioner Donenfeld, Commissioner Hirschbein, Commissioner Hudson, Commissioner Lowe, Commissioner Middleton, Commissioner Weremiuk, Vice -Chair Calerdine 3. PLANNING COMMISSION DISCUSSION: 3A. TOPICS FOR THE JOINT CITY COUNCIL 1 PLANNING COMMISSION MEETING IN SEPTEMBER 2016. Planning Director Fagg reported that the City Council is planning to schedule a joint meeting with the Planning Commission and would like to get input from the Commission on topics for discussion. The Commission suggested topics and agreed that prioritizing items would be beneficial. The Commission decided to discuss this matter in greater detail at a study session prior to the next meeting on August 1 Oth. PLANNING COMMISSION COMMENTS: The Commission discussed procedures about allowing public comment on non-public hearing items. 6 Planning Commission Minutes City of Palm Springs July 27, 2016 PLANNING DIRECTOR REPORT: Planning Director Fagg discussed the 2016 - 2017 List of Attendance for the AAC meetings. ADJOURNMENT: The Planning Commission adjourned at 3:24 pm to Wednesday, August 10, 2016, at 1:30 pm, City Hall, Council Chamber, 3200 East Tahquitz Canyon Way, Palm Springs. FrnnFagg, AICP Director of Planning Services