HomeMy WebLinkAbout2018-10-10 PC Meeting MinutePLANNING COMMISSION MINUTES
CITY OF PALM SPRINGS, CALIFORNIA
October 10, 2018
Council Chamber, City Hall
3200 East Tahquitz Canyon Way, Palm Springs, California
CALL TO ORDER:
Present: Hirschbein, Hudson, Moruzzi, Woods, Vice Chair Calerdine, Chair
Weremiuk
Absent: None
Staff Present: Planning Director Fagg, Attorney Priest, Administrative Coordinator
Hintz, Engineering Associate Minjares, Associate Planner
Newell
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 Thursday, October 4, 2018.
ACCEPTANCE OF THE AGENDA:
Calerdine, seconded by Hirschbein to move Item 4A after public hearing item and accept
the agenda as amended.
AYES: Hirschbein, Hudson, Moruzzi, Woods, Calerdine, Weremiuk
PUBLIC COMMENTS: None.
1. CONSENT CALENDAR: None.
2. PUBLIC HEARINGS:
2A. RADIO PS PROPERTIES, LLC FOR A CONDITIONAL USE PERMIT;
ADOPTION OF A MITIGATED NEGATIVE DECLARATION; AND A
MAJOR ARCHITECTURAL APPLICATION FOR THE CONSTRUCTION OF
A 10,504-SQUARE FOOT CANNABIS CULTIVATION FACILITY LOCATED
AT 3573 NORTH ANZA ROAD, ZONE M-1, SECTION 34 (CASE 5.1441
CUP AND 3.4073 MAJ). (GM) (CONTINUED FROM SEPTEMBER 1Z 2018
MEETING.)
Associate Planner Newell provided background information and an overview on the
proposed changes as outlined in the staff report.
MICHELLE WITHERSPOON, MSA Consulting, addressed questions from the Commission
pertaining to measuring odor and air quality.
Planning Commission Minutes
October 10, 2018
Page 2 of 6
Chair Weremiuk opened the public hearing:
CHARLIE KIELEY, represents JM Endeavors, applicant, operator and operator of adjacent
buildings in question, said they will be able to utilize the latest technologies to address
odor mitigation from the beginning. He provided further details and was available for
questions.
PAUL HINRICHSEN, Upper West Side Neighborhood Organization, chair, (Neighborhood
Support from One PS and Desert Highland Estates Neighborhood Organization, as well as
other neighborhoods have reached out to them) said that the mitigation measures have
failed as recently as this morning. He lives more than one mile away and had to close up
house and was getting nauseous from odors coming from the facility.
DEITER CRAWFORD, spoke about the Desert Highland neighborhood demographics with
a total of 520 residents; said the proposed cannabis facility will have significant impact on
sensitive receptors in the surrounding area such as children, elderly and people with
illnesses.
DIXIE MILLER, Desert Highland Neighborhood Organization, does not understand how the
city would allow seven cannabis facilities in one small neighborhood and believes the city
only wants the tax money. This is an area for under -privileged children and it's their
responsibility to protect them and would prefer to see a grocery store or laundromat in this
area.
SHERVIN DARDERSKI, owns several homes in the north community and spoke in favor of
the proposed project. He thinks the economy is growing because of this industry and his
home values have increased.
ROBERT HEINBAUGH, spoke in opposition of the proposed cannabis facility and any and
all other facilities that might impact the quality of life for the residents of Palm Springs. He
expressed concerns with: odors impacting a large area not just the immediate neighbors
and including the daycare facility; employees in cannabis grow facilities need to wear
special clothing to protect them from hazardous materials; and placement of cannabis
facilities adjacent to minoritylmajority neighborhoods are not in the best interest of the
community.
(unidentified speaker) spoke about the benefits of medical cannabis helping people with
illnesses and employment opportunities for the community. He spoke about odor coming
from unregulated facilities in the city and noted that this will be a new building and will have
excellent insulation and filtration systems.
JULIE MONTANTE, stated that they've taken old dilapidated buildings and re -built and
upgraded them. She said they've spent millions of dollars on odor control mitigation
measures and odor is minimal.
Planning Commission Minutes
October 10, 2018
Page 3 of 6
LAWRENCE GORDON, architectural designer, said their top priority is to build a high
quality building conducive to their environment for the current and future neighbors. He
provided details on the architectural design, materials and mitigation measures for odor
control.
TOM HERNANDEZ, architect/residential designer, (long-time resident) said he is 89 years
old and the medical cannabis ointment really works for pain and as the years go by many
people will be retiring and these facilities will be needed. He suggested keeping the north
for strictly commercial and the residential to another part of the city.
CHARLIE KIELEY, applicant rebuttal, said that all the concerns have been heard from the
residents. He said it's their intent to not have any odor coming from the buildings and is
available for questions from the Commission.
There being no further speakers the public hearing was closed.
Vice Chair Calerdine said he's concerned about the incompatibility between residential
uses and grow facilities. He very concerned about concentration and impact to the
residents.
Commissioner Hudson commented that odor is a problem one mile away and questioned if
the city is investigating the odor complaints.
Commissioner Hirschbein said he's disappointed in the city's lack of response to the odors
emanating from this part of town. He thinks the applicant has not taken a more proactive
approach to mitigate the odors coming from the other two buildings. He is willing to wait
until more resources/testing is in place before moving forward on with another project in
this area.
Chair Weremiuk said she could not make the CUP finding for #2 "is it necessary and
desirable for the development of the community ... ", and finding #5. She sees a conflict
with the over -concentration in this district and prefers to turn this down and have the City
Council deal with the issue of concentration and appropriate M-1 zones. Also, with the
issue that a lot of these types of facilities were approved in the past before the ordinance
came into effect without the strict requirements of odor control.
Commissioner Hirschbein concurred with Chair Weremiuk.
Calerdine, seconded by Woods to approve Case 3.4073 MAJ with changes:
1. Landscaping to be maintained at all times to meet the standards of the
Municipal Code.
AYES: Hirschbein, Hudson, Moruzzi, Woods, Calerdine, Weremiuk
Planning Commission Minutes
October 10, 2018
Page 4 of 6
Calerdine, seconded by Moruzzi to approve Conditional Use Permit with changes:
1. The City to buy specialized equipment to detect strong odors.
2. The applicant to pay for a consultant hired by the City to review odor
mitigation plans and review mechanical systems proposed within
cultivation facilities as part of the building plan check process.
3. Applicants required to maintain ventilation systems during the life of the
cannabis operations.
4. Planning Commission to receive an update of operations six (6) months
after occupancy has been established and a first flower season has
commenced.
AYES: Hudson, Moruzzi, Woods, Calerdine
NOES: Hirschbein, Weremiuk
A recess was taken at 4:11 pm. Meeting resumed at 4:20 pm
4. NEW BUSINESS:
(THIS ITEM WAS HEARD OUT OF ORDER.)
4A. WAL-MART STORES INC. FOR AN AMENDMENT TO THE APPROVED
SIGN PROGRAM TO RELOCATE AN EXISTING BUILDING SIGN AND
INSTALL NEW PARKING LOT SIGNAGE AT 5601 EAST RAMQN ROAD,
ZONE M-1, SECTION 20 (CASE SP 18-006). (DN)
Associate Planner Newell presented the proposed sign program amendment as outlined in
the staff report.
Chair Weremiuk said that grocery pick-up is something of the future and is delighted Wal-
Mart is doing this.
Weremiuk, seconded by Calerdine to approve.
AYES: Hirschbein, Hudson, Moruzzi, Woods, Calerdine, Weremiuk
3. UNFINISHED BUSINESS:
3A. WOODBRIDGE PACIFIC GROUP, LLC, REQUESTING APPROVAL OF
FINAL DEVELOPMENT PLANS FOR 44 SINGLE-FAMILY RESIDENTIAL
UNITS FROM A PREVIOUSLY APPROVED PRELIMINARY PLANNED
DEVELOPMENT DISTRICT (PDD 290) IN PHASE 1 OF THE MIRALON
Planning Commission Minutes
October 10, 2018
Page 5 of 6
DEVELOPMENT LOCATED AT 801 SUNRISE WAY, ZONE PDD 290,
SECTION 35 (CASE 5.0982-PD 290 ! TTM 31848-1). (ER) (CONTINUED
FROM THE JULY 25, 2018 MEETING.)
Planning Director Fagg outlined the Commission's comments from their previous meeting.
He provided details on the modifications made to the project according to the
Commission's concerns.
DENNIS CUNNINGHAM, Woodbridge Pacific Group, responded to questions from the
Commission pertaining to stucco and fascia finish, overhang size, variation of windows,
and consideration of decks on 2nd story.
JENNY WALTON, Professional Design Associates, (landscape designer), responded to
questions from the Commission pertaining to trees allowed in the design guidelines.
Chair Weremiuk recapped the Commission concerns and suggested a subcommittee
consisting of Planning Commission and the AAA to review the following items:
• Two materials on front;
• Privacy/solar/views schematic (concerned about the five lots);
• Needs one more model (in non -courtyard models)- 2-story ok;
• Concerned about window placement;
• Two- three types of materials;
• "Delicacy" of front and back as shown on page 23 (color, off -sets);
• Plan 1 ok;
• Rooftop deck on Plan 4 (if privacy can be maintained);
• Street trees - need to be away from house so that it doesn't need to be removed;
• Simulation of street at maturity;
• Real utilization of reciprocal easement;
• 3D rendering for each variant (line drawing acceptable);
• 2-story scheme needs work- too blocky;
• Bigger variation between plans needed;
• Five lots- issues with side yard separation, courtyards should be facing mountain
view.
Weremiuk, seconded by Moruzzi to return for subcommittee review (one or two AAC
members (Song/Jakway), Hirschbein, Hudson and Weremiuk) and continue to the first
Planning Commission meeting November.
AYES: Hirschbein, Hudson, Moruzzi, Woods, Calerdine, Weremiuk
PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS:
• Forward concern of over -concentration of cannabis uses in specific
neighborhood on CUP project heard today.
Planning Commission Minutes
October 10, 2018
Page 6 of 6
CITY COUNCIL LIAISON REPORT:
• Joint City Council with Planning Commission will be forthcoming.
PLANNING DIRECTOR'S REPORT:
A Study Session will be scheduled on October 24th.
ADJOURNMENT: The Planning Commission adjourned at 5:22 p.m. to 1:30 pm,
Wednesday, October 24, 2018, City Hall, Council Chamber, preceded by a Study Session
at 10:00 am, Large Conference Room, 3200 East Tahquitz Canyon Way.
F mn Fagg, AI P
Director of Planning Services