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HomeMy WebLinkAbout2019-10-23 PC Meeting MinutesPLANNING COMMISSION MINUTES CITY OF PALM SPRINGS, CALIFORNIA October 23, 2019 Council Chamber, City Hall 3200 East Tahquitz Canyon Way, Palm Springs, California CALL TO ORDER: Chair Woods called the meeting to order at 12:01 pm. ROLL CALL: Present: Donenfeld, Garner, Hirschbein, Song, Chair Woods Excused: Vice Chair Moruzzi Staff Present: Planning Director Fagg, Attorney Leishman, Administrative Coordinator Hintz, Engineering Associate Minjares, Principal Planner Newell, Associate Planner Mlaker, Principal Planner Robertson, Cannabis Rep. Goedhart 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 17, 2019. ACCEPTANCE OF THE AGENDA: Item 2D was moved to first public hearing item. Woods, seconded by Donenfeld to accept the agenda, as amended. AYES: DONENFELD, GARNER, HIRSCHBEIN, SONG, WOODS ABSENT: MORUZZI PUBLIC COMMENTS: None. 1. CONSENT CALENDAR: None. 2. PUBLIC HEARINGS: (THIS ITEM WAS MOVED TO THE FIRST ITEM.) 2D. AMENDMENT TO THE PALM SPRINGS ZONING CODE (PSZC) AMENDING CHAPTER 93.00 TO ADD SECTIONS 93.16.00 THROUGH 93.16.09 AND AMENDING SECTIONS 92.17.1.01, 92.17.2.01, 92.20.01, 92.21.01 AND 93.03.00 TO FACILITATE SOLAR ENERGY SYSTEMS Planning Commission Minutes October 23, 2019 City of Palm Springs (CASE 5.1470 ZTA). (GM) (CONTINUED FROM THE OCTOBER 10, 2019 MEETING). Associate Planner Mlaker provided an overview on the proposed amendment to facilitate solar energy systems as outlined in the staff report. PATRICK TALLARICO, Sustainability Manager, City of Palm Springs, said their goal was to simplify the streamline process and address some of the concerns Council had about facilitating solar installations. DAVID FREEDMAN, Sustainability Commission Member, stated that the revised ordinance would help facilitate changes to the 2019 Energy Code, which takes effect on Jan. 2020 by providing clear guidelines for placement, height and setbacks for solar energy systems. Chair Woods opened the public hearing and with no speakers coming forward the public hearing was closed. Commissioner Donenfeld asked about the 10% shadow provision in the proposed ordinance. He stated there has been a lot of work done on this ordinance and he is satisfied with the changes and with that made a motion for approval. Donenfeld, seconded by Song to recommend approval to City Council. AYES: DONENFELD, GARNER, HIRSCHBEIN, SONG, WOODS ABSENT: MORUZZI 2A. PONO ACQUISITION PARTNERS, LLC, (BDA: PALM SPRINGS SURF CLUB) FOR A AMENDMENT TO A PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT (PD 163) FOR THE REHABILITATION OF AN EXISTING WATER PARK TO INCLUDE A NEW SURF POOL AND ANCILLARY USES WITH A RESTAURANT/LOUNGE, FITNESS AND SPA FACILITY, PLUS NET INCREASE OF 7,746-SQUARE FEET OF NEW STRUCTURE LOCATED AT 1500 SOUTH GENE AUTRY TRAIL, ZONE M-1 (PD 182), SECTION 9 (CASE 5.0356 CUP). (GM) Associate Planner Mlaker provided details on the prior approvals for this site and described the proposed rehabilitation for the existing water park. Chair Woods opened the public hearing: ERIC MUNOZ, chief development public affairs officer, PONO Partners, representing Palm Springs Surf Club, provided an overview on their mission statement and described Planning Commission Minutes October 23, 2019 City of Palm Springs the proposed changes to the water park including ownership of the site, surrounding land uses, separation from residential areas and elements that will be removed. He provided details about the water conservation and sustainability features that will be implemented. Mr. Munoz described the new wave pool (surfing elements) cabanas, restaurant and gym. He stated that they accept all the conditions of approval. KATHY WEREMIUK, questioned the lighting and noise issues. CAMILA RODRIGUEZ, student and school surf club member, they are excited to have a wave pool closer to them and more school members would be exposed to the world of surfing. This surf club would be an amazing opportunity for them. CHRISTIAN CEJENA-GALARZA, student and school surf club member, said that surfing has changed his life since around the age of 5. He was recently given the opportunity to start a surf club at school and this gives children an opportunity to stay off the streets. OSCAR SALAZAR, student and school surf club member, surfing has taught him to never give up. He says surfing not only benefits physically but also mentally, emotionally and tactically. He thinks the surf club will attract tourism to the city. KRYSTEN GONDA, teacher, Desert Mirage High School (East Valley Board Riders), said school club start in 2018 with about 12 members and this year had to cap member to 40 because it's only he advising the students. She said the East valley tends to get ignored and the surf club supported them and provided mentorship. She spoke in favor of the water park rehabilitation. ERIC MUNOZ, applicant rebuttal, stated that the conditions address the lighting and noise issues that were brought up in public testimony. He pointed -out that the condition for a six month review will allow them to come back to re-evaluate that the conditions are being met. Mr. Munoz was available to address questions from the Commission. There being no further speakers the public hearing was closed. ROBERT RICHARDSON, project architect, provided details about the terrace levels and guard rails, ADA accessibility and building design. BRIAN STOVALL, addressed the lighting design and fixtures. Commissioner Garner said as someone who grew up going to Oasis Water Park it has been missed the last couple of years she thinks the renovation is great. She thinks the bass requirements should be added to the sound requirements. She appreciated the high school students that came out from the East Valley Board Riders who came out and participated in the discussion. K3 Planning Commission Minutes October 23, 2019 City of Palm Springs Commissioner Song agreed with staff's recommendation that the material selection and landscape design go to the AAC for review. She would like to see the building architecture also go to AAC for review as well. Commissioner Hirschbein is very excited about the project and thinks it will be a great addition. He agrees with the Commission's comments and would like to see staff work with the applicant to review the lighting fixtures to minimize the light overspill. Commissioner Donenfeld thinks it's a very exciting project for Palm Springs. He agreed with the Commissioners with respect to the terms and conditions; and spoke in support of the project. Chair Woods thanked the design team for providing incredibly detailed plans and thanked the high school students for coming out. Song, seconded by Garner to approve amendment to Planned Development District for the rehabilitation of existing water park subject to Conditions of Approval with the following added conditions: 1. Restriction on subwoofers for sound system. 2. AAC review of landscape plans. 3. AAC review of main building architecture and materials. 4. Lighting to be reviewed by staff and independent light consultant. AYES: DONENFELD, GARNER, HIRSCHBEIN, SONG, WOODS ABSENT: MORUZZI A recess was taken at 1:39 pm. The meeting resumed at 1:46 pm. 2B. FLOR, LLC FOR A CONDITIONAL USE PERMIT (CUP) TO ALLOW CANNABIS MANUFACTURING WITHIN AN EXISTING MULTI -TENANT BUILDING AT 1251 MONTALVO WAY, UNIT M, ZONE M-1-P, SECTION 7 (CASE 5.1491 CUP). (DN) Principal Planner Newell presented the proposed cannabis manufacturing facility within an existing multi -tenant building as outlined in the staff report. MATTHEW TORRE AND JUSTIN TAKACS, odor consultants, available to answer questions from the Commission pertaining to the processing method and odor Chair Woods opened the public hearing: JAMES KOZAK, applicant, provided a PowerPoint about cannabinoids, terpenes (smell), cannabis distillation and production and delivery of the odorless cannabis. 4 Planning Commission Minutes October 23, 2019 City of Palm Springs PAULA AUBURN, ONE PS Cannabis Workgroup, co-chair, clarified that they are not against the cannabis industry; they only focused on the manufacturing and cultivation process because it appears this is where the major odors come from. She said this site appears to have 3 or 4 separate cannabis operations- and questioned how they would be able to identify where the odors are coming from. She urged the Commission to slow down until the new requirements are in effect. KATHY WEREMIUK, noted that a second school was not listed in the staff report that is closer to this site. She said its pre-school and a school with learning disabilities. GREG ROBERTS, Escena resident, urged that this project be denied because there are many uncertainties that will be adjacent to neighborhoods. He spoke in opposition of the proposed project. LARRY NORTON, Escena resident, said that there are hundreds of homes surrounding this site and suggested another location- off of the 1-10 freeway. He suggested slowing down on approval of this project. CHRISTINA NORTON, Escena resident, concerned about the odors and requested the Commission slow down to allow the Council to consider the cannabis re -zoning and the 1-10 area for future approval. DONALD MORGAN, military officer, expressed concern that the cannabis is getting out of hand. He thinks the 600 foot distance minimum requirement from a school is a big problem. He spoke about many neighborhoods that have been destroyed and urged the Commission to do the right thing. STEVE AGUILAR, one of the owners of the Montalvo building, said that many environmental impacts affect this building. He pointed -out that the school previously mentioned is more than 600 feet away from the project. Mr. Aguilar requested a fair hearing on this project. JIM GROSS, El Rancho Vista Neighborhood Organization, they are the closest neighborhood to the subject property and their biggest risk is the odor. He said they received no notification about this project and requested it be postponed. JAMES KOZAK, applicant rebuttal, clarified that that the school is outside of the 600 sq. ft. He said they understand the communities concern about odors but noted that they will not be producing any odors. Chair Woods closed the public hearing. Commissioner Donenfeld said that basically they have dealt with Types 6 & 7 because Planning Commission Minutes October 23, 2019 City of Palm Springs they are very concerned about odor. Historically when it comes to infusing and the baking process they understand that it does not produce odor. He noted that even if the ordinance is changed it will not affect this type of application. He agreed with staffs recommendations and spoke in favor of the proposed project. Commissioner Hirschbein thinks staffs recommended conditions should alleviate any concerns. Chair Woods said most of the public correspondence received pertained to odor. He said that because there is no odor coming from this project he does not see the negative impact that was raised about odor. He spoke in support of the proposed project. Song, seconded by Donenfeld to approve subject to conditions of approval. AYES: DONENFELD, HIRSCHBEIN, SONG, WOODS NOES: GARNER ABSENT: MORUZZI 2C. STEVE AGUILAR ON BEHALF OF MONTALVO ENTERPRISE, LLC, FOR A CONDITIONAL USE PERMIT (CUP) TO OPERATE AN 8,740- SQUARE FOOT CANNABIS MANUFACTURING, CULTIVATION, TRANSPORTATION AND DISTRIBUTION FACILITY WITHIN FOUR UNITS OF A VACANT 13-UNIT INDUSTRIAL BUILDING LOCATED AT 1251 MONTALVO WAY, UNITS B THROUGH E, ZONED M-1-P, SECTION 07 (CASE 5.1475 - CUP). (ER) Principal Planner Robertson presented the project and gave a staff report on the CUP request. STEVE AGUILAR, on behalf of Montalvo Enterprise provided background information regarding the proposed CUP application and the facility. Chair Woods opened the public hearing: ARTIE BOSNER, Escena resident, spoke against the proposal stating that the applicant failed to contact the neighbors whose quality of life may be affected by the proposed cannabis facility. GREG ROBERTS, Escena resident, spoke about the chemicals used in cannabis industry and reminded the audience about the explosion that took place the previous week. He stated that the proposed use should not be located in the neighborhood. ARDINE THOMPSON, stated that experiences from cannabis facilities at the Demuth Park and Desert Highland where cannabis facilities are located in older building where C. Planning Commission Minutes October 23, 2019 City of Palm Springs odor control plans do not work. Three facilities in one facility will worsen the odor issues and that the Escena and El Rancho Vista residents, the Montessori School and Stepping Stones School including visitors to the Palm Springs Air Museum will be impacted by the odor. She urged the Commission to deny the application. JEFF OLSTYMER, applicant's business partner, stated that there will be zero odors coming out of the building due to the thousands of dollars invested in the project and they will not want to see the project shut down due to odor issue. JIM GROSS, El Rancho Vista Neighborhood Organization, stated appreciation for the staff report and recommendation. He stated that seven or eight cannabis facilities in one building are alarming. And that he and his neighborhood organization are opposed to the project. RENEE AGUILAR, applicant's wife, stated that the residential communities of El Rancho Vista and the Escena Communities will not be impacted by odors because of the odor control plan and that wind directions do not go to the directions of these communities. ARLENE TORINA, Escena resident, stated that she is in agreement with previous speakers in opposition of the project. But that she disagrees with Mr. and Mrs. Aguilar that contrary to their views, the community will be affected by the cannabis facility and the cultivation facility is not needed at the location and urged the Commission to deny the application. DAVID ACOSTA, project architect stated that the building age is irrelevant because the building will be new and completely sealed to prevent odor infiltration and that new technology provides opportunity for an effective odor control system and that the facility will be odor free. URBAN GRO representative provided the background of the proposed odor control system. He explained the specifications and functionality of the odor control equipment to be installed in the proposed facility. STEVE AGUILAR, applicant provided a rebuttal following public comments and spoke to the concerns and issues raised by members of the community. Commissioner Donenfeld asked for additional presentation and explanation from the applicant's Odor Control expert. The Commissioner also asked the City's consultant's in attendance to provide a response to the applicant's Odor Control expert. Commissioner Donenfeld inquired about the effectiveness of the applicant's odor control plan from the City's Odor control experts. 7 Planning Commission Minutes October 23, 2019 City of Palm Springs Commissioner Song expressed her empathy for the applicant and commented on the involvement of the community members on the review proceedings of the proposed project. The Commissioner stated her support of staffs recommendation. Commissioner Hirschbein added that he is in favor of staff's recommendation. Commissioner Donenfeld stated his support for staff recommendation because of his concerns with issues raised but does sympathize with the applicant's plight. Garner, seconded by Song to deny the CUP application. AYES: DONENFELD, GARNER, HIRSCHBEIN, SONG, WOODS ABSENT: MORUZZI 3. UNFINISHED BUSINESS: 3A. FAR WEST INDUSTRIES FOR THE FINAL DEVELOPMENT PLAN AND A REVISED TENTATIVE TRACT MAP TO CONSTRUCT "ELAN" — A RESIDENTIAL PROJECT CONSISTING OF (56) SINGLE-FAMILY RESIDENCES, (25) MULTI -FAMILY RESIDENTIAL CONDOMINIUMS AND RELATED ON -/OFF -SITE IMPROVEMENTS ON A 12.38-ACRE SITE LOCATED AT 777 SOUTH PALM CANYON DRIVE, ZONE PD-379 (CASE NOS. 5.1378 PD-379 & TTM 36914). (DN) Item tabled. 4. NEW BUSINESS: None. 5. DISCUSSION: 5A. DISCUSSION OF GENERAL PLAN UPDATE PROCESS AND SCOPE OF WORK. Planning Director Fagg provided an overview on the scope of work on the General Plan Update process. He stated that they will be primarily be looking at the Land Use Element, Circulation Element and Housing Element. Mr. Fagg provided details on the Planning Commission and Steering Committee's role in the update of the General Plan. Commissioner Garner thinks it would be great if they could have a local high school student to the Steering Committee to get them involved in this process. Commissioner Song suggested addressing parking requirements that deal with density. Planning Commission Minutes October 23, 2019 City of Palm Springs PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS: None. CITY COUNCIL LIAISON REPORT: None. PLANNING DIRECTOR'S REPORT: • One meeting will be held during the month of November. ADJOURNMENT: The Planning Commission adjourned at 4:02 pm to 1:30 pm, Wednesday, November 13, 2019, City Hall, Council Chamber, 3200 East Tahquitz Canyon Way. Fllnn Fagg, AIC Director of Planning Services