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HomeMy WebLinkAbout2017-10-11 PC Meeting MinutesCITY OF PALM SPRINGS PLANNING COMMISSION MINUTES Wednesday, October 11, 2017 City Hall, Council Chamber 3200 East Tahquitz Canyon Way, Palm Springs, California CALL TO ORDER: Chair Weremiuk called the meeting to order at 1:35 pm. ROLL CALL: Present: Commissioner Donenfeld, Commissioner Hudson, Commissioner Middleton, Vice Chair Calerdine, Chair Weremiuk Excused: Commissioner Lowe; Commissioner Hirschbein Staff Planning Director Fagg, Deputy City Attorney Daudt, Director of Engineering Present: Garcia, Planning Administrative Coordinator Hintz, Administrative Secretary Bruggemans, Principal Planner Robertson, Associate Planner Newell, Associate Planner Mlaker 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 5:00 pm on Thursday, October 5, 2017. ACCEPTANCE OF THE AGENDA: Chair Weremiuk announced there has been a request to move Item 4C to the beginning of the Agenda. The agenda was accepted as amended. PUBLIC COMMENTS: 1. CONSENT CALENDAR: 1A. APPROVAL OF MINUTES: SEPTEMBER 13, 2017 REGULAR MEETING AND SEPTEMBER 27, 2017 SPECIAL MEETING Motion: Vice Chair Calerdine, seconded by Commissioner Donenfeld to approve, as submitted: AYES: Commissioner Hudson, Commissioner Donenfeld, Commissioner Middleton, Vice Chair Calerdine, Chair Weremiuk Planning Commission Minutes October 11. 2017 City of Palm Springs ABSENT: Commissioner Lowe, Commissioner Hirschbein 4C. DOUGLAS C. JONES, OWNER, REQUESTING A TIME EXTENSION FOR AN APPROVED CONDITIONAL USE PERMIT AND VARIANCE TO CONSTRUCT TWO WIRELESS TELE-COMMUNICATIONS FACILITIES CONSISTING OF 57-FT. TALL MONOPOLES DESIGNED AS PALM TREES ON A VACANT PARCEL OF LAND LOCATED AT 3430 NORTH SUNRISE WAY (ADJACENT TO AND WEST OF GOLDEN SANDS MOBILE HOME PARK), ZONE O, SECTION 36 (CASE NOS. 5.1321 CUP AND 6.533 VAR). (GM) Commissioner Middleton noted her recusal on this item due to Government Code Section 84308 involving the applicant as a contributor to her campaign. Ms. Middleton left the Council Chamber at 1:39 pm. Associate Planner Mlaker provided background information on the one-year time extension request. Chair Weremiuk recalled when this item was initially reviewed that there was a large group of people in support of this project and the reason this has been delayed is the dedication of the roads leading to it. She asked the public who are in support to stand (a large group of people stood up) and with this she entertained a motion. Motion: Commissioner Donenfeld, seconded by Chair Weremiuk to approve, as submitted. AYES: Commissioner Hudson, Commissioner Donenfeld, Vice Chair Calerdine, Chair Weremiuk ABSENT: Commissioner Lowe, Commissioner Hirschbein RECUSED: Commissioner Middleton Commissioner Middleton re-entered the Council Chamber at 1:42 pm. 2. PUBLIC HEARINGS: 2A. BLACKHAUS HOTELS, LLC FOR A CONDITIONAL USE PERMIT AND MAJOR ARCHITECTURAL APPLICATION TO CONSTRUCT AND OPERATE A SIXTEEN ROOM HOTEL ON A 0.63-ACRE SITE LOCATED ON THE WEST SIDE OF CALLS ENCILIA, APPROXIMATELY 250 FEET SOUTH OF SATURNINO ROAD (421 SOUTH CALLE ENCILIA), ZONE LSC OF THE SECTION 14 SPECIFIC PLAN (CASE NOS. 5.1424 CUP AND 3.4047 MAJ). (DN) Planning Commission Minutes October 11, 2017 City of Palm Springs Associate Planner Newell presented the proposed hotel as outlined in the staff report. Chair Weremiuk opened the public hearing: CHRIS PARDO, Elemental Architecture, provided details on the operation, design, shared amenities and parking spaces. Mr. Pardo noted that the mini -split systems are in between the buildings or screened in the landscape areas. CHRIS PARDO, addressed questions from the Commission pertaining to a maintenance plan to upkeep the color black for the buildings, reaching out to their neighbor (Well in the Desert) and property management. STEVE SLATER, responded to questions from Commission pertaining to solar panels. Chair Weremiuk said she saw the Blackhaus in the high desert and it is an exquisite, beautiful model house. Motion: Vice Chair Calerdine, seconded by Chair Weremiuk to approve as amended: 1. The on -street parking on Calle Encilia shall be standard drive-in angled parking spaces. 2. Prior to issuance of permit, a color maintenance plan shall be submitted for approval by the Director of Planning Services. The property owner shall adhere to the approved color maintenance plan at all times. 3. The operation shall include daily maid service. 4. The applicant shall provide on -site solar for the hotel's energy consumption either through conventional solar panels or solar roof tiles. AYES: Commissioner Hudson, Commissioner Donenfeld, Commissioner Middleton, Vice Chair Calerdine, Chair Weremiuk ABSENT: Commissioner Lowe, Commissioner Hirschbein 2B. CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT TO THE PALM SPRINGS ZONING CODE RELATING TO THE DEVELOPMENT STANDARDS AND LOCATIONAL STANDARDS FOR MEDICAL USE CANNABIS FACILITIES AND ADULT USE CANNABIS FACILITIES (CASE 5.1218-F). (FF) Planning Director Fagg provided an overview of the draft ordinance, and also provided a summary of the discussion of the Planning Commission from the study session earlier in the morning. Chair Weremiuk opened the public hearing: Planning Commission Minutes October 11, 2017 City of Palm springs JAMES CAMPER, questioned the proposed ratio of one dispensary for every 2,500 residents in each census tract, and referenced the over -saturation of dispensaries in Cathedral City. SUSAN BRANTLEY, speaking on behalf of Lonnie Swerdlow who was unable to attend, summarized the letter that had been submitted into the record requesting that consideration be given to the on -site consumption of cannabis products. Ms. Brantley urged the Commission to consider on -site consumption. VICTORIA NEWBILL cited the Cannabis Cafe in Portland, Oregon, as an example of a successful business with on -site consumption of cannabis products, and requested that the commission consider the use. JOY BROWN MEREDITH, representing the MainStreet organization, noted that rents downtown will increase if dispensaries are allowed, and stated that she was opposed to the number of dispensaries that would be permitted under the Census tract proposal. She also expressed concern about the speed at which the proposed ordinance was going through the public hearing process, and noted that neither the downtown merchants nor the six existing permittees had been advised or consulted on the ordinance. She stated that she was in support of on -site consumption. The Commission summarized their recommendations from the study session on the matter of adult -use cannabis zoning regulations. Vice Chair Calerdine suggested that the concept of "cannabis clubs" should be explored, but would request that the Police Department be consulted for issues of public safety. Commissioner Donenfeld stated that it may be appropriate down the line to consider on - site consumption in a restricted setting, but cautioned that adult -use cannabis permitting should occur in small steps, and that it was not necessary to have all adult -use facilities available in January of 2018. Vice Chair Calerdine recommended that the issue of dispensaries in CBD and C-1 be reviewed in 24 months, and that the issue needed further study and input from stakeholders. He also stated that the dispensaries should be limited to a finite number, and did not support the proposal to limit by Census tracts. Chair Weremiuk stated that the dispensary limitation based on population could be implemented at 1 per 8,000 residents and later decreased to 1 per 5,000 residents once there was experience with the effectiveness of the new adult -use regulations. She also stated that instead of allowing on -site consumption as an auxiliary use, allow it as part of a 4 Planning Commission Minutes October 11, 2017 City of Palm Springs microbusiness that is age -restricted as a means to address concerns about child safety and separation from alcohol. She also encouraged the City Council to discuss the proposed ordinance with the six existing permittees. Motion: Vice Chair Calerdine, seconded by Commissioner Donenfeld to recommend approval to the City Council with the following modifications to the proposed ordinance: 1. Do not allow dispensaries in the CBD and C-1 zoning districts at this time. 2. Require CUP approval for dispensaries in all other zoning districts where allowed, with the Planning Commission to review security plans. 3. Do not use the Census tract method for limiting dispensaries; limit dispensaries based on population at a ratio of 1 dispensary per 8,000 residents, with the possibility of decreasing the ratio at a future date. 4. Implement separation distance requirements for cultivation uses. 5. Require a CUP for cultivation, manufacturing and testing in all zoning districts where allowed. 6. Do not allow on -site consumption of cannabis products at this time, due to concerns about maintaining safety for families and separation from alcohol service. In the future, consider separate age -restricted facilities where social consumption of cannabis products could occur. AYES: Commissioner Hudson, Commissioner Donenfeld, Commissioner Middleton, Vice Chair Calerdine, Chair Weremiuk ABSENT: Commissioner Lowe, Commissioner Hirschbein A recess was taken at 2.50 pm. The meeting resumed at 3:05 pm. 3. UNFINISHED BUSINESS: 3A. TAHQUITZ CANYON INVESTORS, LLC FOR A PROPOSAL TO REMODEL "THE COURTYARD AT PALM SPRINGS" INCLUDING THE DEMOLITION OF THREE BUILDINGS, CONSTRUCTION OF TWO MULTI - TENANT COMMERCIAL BUILDINGS AND IMPROVEMENT OF LANDSCAPE AND HARDSCAPE AREAS AT 601-789 EAST TAHQUITZ CANYON WAY, ZONE REO OF SECTION 14 SPECIFIC PLAN (CASE 3.4002 MAJ). (DN) Associate Planner Newell provided details on the modifications made to the proposed project. Subcommittee Comments: Commissioner Hudson said that the process worked well and the project has evolved much more successfully. He provided an overview of details on the new scheme and said 5 Planning Commission Minutes October 11, 2017 City of Palm Springs he believes the project is more simplified and harmonious with the existing architecture. He is in full support of the proposed project. Commissioner Donenfeld pointed out that it was a very dynamic, creative process that was extremely challenging because this is an entertainment complex on a very significant street in Palm Springs. He said they did not want it to be overly -commercial and thought the original rooflines proposed were ostentatious for the Palm Springs aesthetic. Mr. Donenfeld described the changes the applicant made to the base of the building and restaurant seating (umbrellas) on the northern exposure. He recommends approval of the project. WILLIAM AZZALINO, project architect, described the architectural elements, roof design and type of materials for the project. Mr. Azzalino was available for questions from the Commission. SAM RUSMUSSEN, Ocean Properties Development, president, addressed questions from the Commission relating to the financing plans in place to complete the project. Motion: Commissioner Donenfeld, seconded by Vice Chair Calerdine to approve as amended: 1. Revise Engineering Condition #21. - The applicant shall install four light standards and may forgo installing the other four planned for the site's frontage, if waived by the City Engineer. AYES: Commissioner Hudson, Commissioner Donenfeld, Commissioner Middleton, Vice Chair Calerdine, Chair Weremiuk ABSENT: Commissioner Lowe, Commissioner Hirschbein 4. NEW BUSINESS: 4B. FREEHOLD COMMUNITIES, LLC, REQUESTING APPROVAL OF FINAL DEVELOPMENT PLANS FOR PHASE 1 SOCIAL SPACES AT THE MIRALON DEVELOPMENT LOCATED ALONG THE NORTH SIDE OF SAN RAFAEL DRIVE, EAST OF NORTH INDIAN CANYON DRIVE, SOUTH OF THE WHITEWATER RIVER AND WEST OF SUNRISE WAY, ZONE PDD 290, SECTION 35 (CASE 5.0982-PD 2901 TTM 31848). (ER) Principal Planner Robertson presented the final plans for Phase 1 of the Social Spaces within the Miralon project. PAUL HAYDEN, landscape architect, described details on the proposed landscaping and plant material for Social Garden A and B in Phase 1. 6 Planning Commission Minutes October 11, 2017 City of Palm Springs BRAD SCHUKHART, Freehold Communities, addressed questions from the Commission pertaining to: decomposed granite (DG) surface strong enough for bicycles, vehicular access, infrastructure plumbing, drinking fountains, lighting and bicycle racks for the proposed social gardens. Motion: Chair Weremiuk, seconded by Vice Chair Calerdine, to approve as amended: 1. Adequate pedestrian access shall be provided to Social Area B from Ambassador Street. 2. Water drinking fountains and adequate lighting shall be installed at the Social Spaces. 3. Trash bins and doggie bags shall be installed at the Social Spaces. 4. Install access with decomposed granite (DG) surface strong enough for bicycles and motorized carts leading to the Social Spaces. 5. All potential routes from the streets to the facilities shall be clearly identified in all final plans. AYES: Commissioner Hudson, Commissioner Donenfeld, Commissioner Middleton, Vice Chair Calerdine, Chair Weremiuk ABSENT: Commissioner Lowe, Commissioner Hirschbein 4B. TRIO RESTAURANT, FOR AN ART MURAL APPLICATION ON A COMMERCIAL RESTAURANT BUILDING LOCATED AT 707 NORTH PALM CANYON DRIVE (CASE 17-003 MUR). (GM) Associate Planner Mlaker presented the proposed 2nd art mural as outlined in the staff report. Motion: Commissioner Hudson, seconded by Vice Chair Calerdine, to recommend approval to the City Council as submitted. AYES: Commissioner Hudson, Commissioner Donenfeld, Commissioner Middleton, Vice Chair Calerdine, Chair Weremiuk ABSENT: Commissioner Lowe, Commissioner Hirschbein PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS: None. PLANNING DIRECTOR'S REPORT: • Tentative joint meeting with the City Council and Planning Commission on November 15, 2017 to discuss the development agreement for the Virgin Hotel. (A study session was requested to discuss this Item prior to the joint meeting.) Planning Commission Minutes October 11. 2017 City of Palm Springs ADJOURNMENT: The Planning Commission adjourned at 4:05 pm to Wednesday, October 25, 2017, City Hall, Council Chamber, 3200 East Tahquitz Canyon Way. FI nn Fagg, AICP Director of Planning Services