Loading...
HomeMy WebLinkAbout2020-03-11 PC Meeting MinutesPLANNING COMMISSION MINUTES CITY OF PALM SPRINGS, CALIFORNIA March 11, 2020 Council Chamber, City Hall 3200 East Tahquitz Canyon Way, Palm Springs, California CALL TO ORDER: Chair Weremiuk called the meeting to order at 5:37 pm. ROLL CALL: Present: Donenfeld, Ervin, Lewin, Vice Chair Moruzzi, Chair Weremiuk Excused Absence: Hirschbein, Song Staff Present: Planning Director Coordinator Hintz, Associate Planner Planner Robertson Fagg, AICP, Attorney Priest, Administrative Assistant Director of Engineering Montalvo, Mlaker, Principal Planner Newell, Principal 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, March 5, 2020. ACCEPTANCE OF THE AGENDA: Staff reported a request to continue Item 3A to the meeting of April 8, 2020, and re -notice the project. Donenfeld, seconded by Moruzzi to accept the agenda as amended. AYES: DONENFELD, ERVIN, LEWIN, MORUZZI, WEREMIUK ABSENT: HIRSCHBEIN, SONG PUBLIC COMMENTS: Chair Weremiuk opened public comments: MAUREEN FITZPATRICK, Riviera Gardens resident, said they have been dealing with the on -going noise from the co -generation plant for 18 years. She cannot understand why Code Compliance no longer takes readings, returns phone calls or give out citations for this property. She thinks a certified sound wall should be placed on the site or move the noise sources. MARK JEFFREY, Riviera Palm Springs, general manager, said they have sent Planning Commission Minutes March 11, 2020 City of Palm Springs operational procedures to the City that address traffic, co -generator operating hours and lighting. They have set-up a hotline to address neighbor's concerns. He stated that the noise from the co -generator was due to a faulty part and new equipment has been ordered. He spoke about a high-tech decibel reader that was recently installed. FRANK TYSEN, spoke in reference to Item 2D (Legacy Palm Springs), suggested denial of the extension of time and lower the building height to two floors so it will fit in with the neighborhood. KAREN REYES, Riviera Gardens resident, said there are still too many sleepless nights in spite of their efforts. She indicated that the HVAC units, generators, industrial size trash receptacles and massive trash compactors are old, loud and years past their prime. TIM ERKINS, spoke in reference to Item 2C (Orchid Tree), would like to make sure a sidewalk (ADA compliant and proper setbacks) and adequate lighting on Belardo is provided. He noted that all hotel entrances are on Belardo Road and does not think the hotel entrance on Cahuilla Road is appropriate. ROBERT BRUGEMAN (works across the street at Del Marcos Hotel & La Serena Villas) said the property is not secure with many people going in and out of the gate bringing bicycles and backpacks. He said that although they welcome the historic property they are very concerned with lack of parking especially when special events are held. He requested only valet parking should be allowed. There being no further speakers public comments was closed. 1. CONSENT CALENDAR: 1A. APPROVAL OF MINUTES: FEBRUARY 12, 2020 AND FEBRUARY 26, 2020 STUDY SESSION MINUTES Moruzzi, seconded by Donenfeld to approve the minutes as presented. (Noting Chair Weremiuk's abstention on the minutes of Feb. 12, 2020 and Commission Lewin's abstention on the minutes of Feb. 26, 2020.) AYES: DONENFELD, ERVIN, LEWIN, MORUZZI, WEREMIUK ABSENT: HIRSCHBEIN, SONG 2. PUBLIC HEARINGS: 2A. JESSE BURSTEIN ON BEHALF OF RUPPERT PARTNERS, LLC, FOR A CONDITIONAL USE PERMIT (CUP) APPLICATION TO OPERATE A CANNABIS CULTIVATION, DISTRIBUTION AND A NON -STOREFRONT DISPENSARY FACILITY WITHIN AN EXISTING 5,102-SQUARE FOOT 2 Planning Commission Minutes March 11, 2020 City of Palm Springs COMMERCIAL / INDUSTRIAL BUILDING LOCATED AT 19024 RUPPERT STREET, ZONE CO, SECTION 15 (CASE 5.1474 CUP) (ER). Principal Planner Robertson presented the proposed cannabis facility as outlined in the staff report. Mr. Robertson read into the record new conditions that are recommended to be added to the project. JAY TAKACS, odor control specialist, addressed questions from the Commission pertaining to the small plant cloning process, box in a box, Type 4 cannabis permit and third -party inspections. Chair Weremiuk opened public comments: JESSE BURSTEIN, applicant, on behalf of Ruppert Partners & Sante Botanica, provided details on the process of propagation of plants called "tissue culture" which entails cloning in sterile test tubes. They are requesting removal of the air curtains and shower facilities from conditions of approval. There being no further speakers the public hearing was closed. Commissioner Lewin said he was initially skeptical; but after the presentation he sees it's as a viable business model. Commissioner Ervin said the zone is appropriate and wants to ensure the adjacent mobile home park will not be affected. Commissioner Donenfeld concurred with Commissioner Lewin. He is impressed with the presentation and quality of technology. He thinks it's a well -thought out business plan and supports it. Vice Chair Moruzzi said for similar reasons he is very supportive of the application. Donenfeld, seconded by Lewin to approve with additional conditions 1. Amend - PLN 7. & PLN 8 to include - No flowering plants shall be permitted; immature plants only as Type 4. Cannabis cultivation at this facility shall be limited to a Type 4 License only. 2. Add - PLN 12. The applicant/operator of the cannabis facility shall be required to amend the CUP and the Odor Control Plan should there be changes to the Type 4 cannabis operations at the facility from Nursery to Type 1 to Type 3 Cultivation. 3. Delete - PLN 15. The applicant shall provide employees shower facility at the site. Planning Commission Minutes March 11, 2020 City of Palm Springs 4. Add - PLN 14. A report on conformance to the Odor Control Plan by a third party shall be reviewed by the Planning Commission after 6 months of operations. Thereafter, a report shall be prepared by staff bi-annually, detailing conformance to the Odor Control Plan. 5. Delete — PLN 6. There shall be air curtains at all exterior entrances into the building. AYES: DONENFELD, ERVIN, LEWIN, MORUZZI, WEREMIUK ABSENT: HIRSCHBEIN, SONG 213. CROWN CASTLE REPRESENTING AT&T WIRELESS FOR A CONDITIONAL USE PERMIT AND VARIANCE TO CONSTRUCT AN UNMANNED WIRELESS COMMUNICATIONS FACILITY DESIGNED AS A FIFTY-FIVE (55') FOOT TALL MONOPOLE AT THE RIMROCK SHOPPING CENTER LOCATED AT 4711 EAST PALM CANYON DRIVE, ZONE CDN, SECTION 5. (CASES 5.1227 CUP & 6.554 VAR). (GM) Associate Planner Maker presented the proposed wireless antenna as outlined in the staff report. Chair Weremiuk opened the public hearing: RACHEL JACOBSON, representing the applicant, provided details about cell phone usage, co -location, site and antenna height. She was available for questions from the Commission. There being no further speakers the public hearing was closed. Commissioner Donenfeld said that although no one wants these poles; there are areas in the city that have bad coverage. He thinks the location behind Rimrock is the best place to put them. He questioned if the 55' is required because he doesn't see the increased coverage in the maps. Commissioner Lewin thinks the 45' is sufficient for coverage in this service area. He suggested the applicant find an additional place in the center (yellow section in map) as appropriate to create a seamless web of communication. Chair Weremiuk supports the 55' tower that provides more coverage and understands how difficult it is not to have coverage. Lewin, seconded by Ervin to recommend approval subject to conditions. AYES: DONENFELD, ERVIN, LEWIN, MORUZZI, WEREMIUK ABSENT: HIRSCHBEIN, SONG 4 Planning Commission Minutes March 11, 2020 City of Palm Springs A recess was taken at 7:18 pm. The meeting resumed at 7:26 pm. 2C. NEW CHURCH II, LLC FOR THE ORCHID TREE PROJECT INVOLVING A GENERAL PLAN AMENDMENT, VARIANCE, MAJOR ARCHITECTURAL APPLICATION, AND CONDITIONAL USE PERMIT TO (1) TO RE-CLASSIFY A PORTION OF ARENAS ROAD IN THE CIRCULATION ELEMENT OF THE 2007 GENERAL PLAN; (2) RE - RENOVATE TWO HISTORIC PROPERTIES (COMMUNITY CHURCH & ORCHID TREE BUNGALOWS) FOR ADAPTIVE RE -USE; AND (3) DEMOLISH AND RECONSTRUCT ONE- AND TWO-STORY STRUCTURES ON A 3.65-ACRE SITE FOR THE OPERATION OF A HOTEL WITH ACCESSORY SPA, RESTAURANT AND MEETING SPACE LOCATED AT 222 S. CAHUILLA ROAD, ZONE R-3, SECTION 15 (CASE 5.1345 CUP, GPA, HSPB 23, HSPB 72, 3.0678 MAJ & 6.656 VAR). (DN) Principal Planner Newell provided an overview on the proposed project as outlined in the staff report. Chair Weremiuk opened the public hearing: RICHARD WEINTRAUB, applicant, stated that this new project is much smaller than the previously approved project in 2016. He indicated that they have had tremendous support of the community. The neighbors have said to lower the buildings, reduce the parking and come up with beautiful fenestration and landscape. Mr. Weintraubre provided details about his other properties that are very successful with limited or no parking spaces. LAURI AYLAIAN, adjacent resident, in reference to Building "N" and the cabana thinks the setbacks are not adequate, architecture and massing is clunky and separates the project itself from the neighborhood. She said that although 87 parking spaces is not adequate as a resident they have a garage and driveway to park. She thinks that adjacent businesses who have a vested interest are not interested in a competitor and will oppose the project. She's exhausted from living across the street from a blighted site. RICHARD WEINTRAUB, applicant rebuttal, said in reference to the wall adjacent to the cabanas they are not pushing any structures closer toward the street along Baristo. He stated a finding for the variance is restoration of significant historic structures and creating an economic viable use for a project and additional setbacks could be made because this is an entire city block. He noted the project timelines are extremely tight. There being no further speakers the public hearing was closed. Commissioner Donenfeld is concerned that the project looks like a fortress. He requested elevations from all four sides showing what the project will look like to the neighbors. He would like to see a parking system showing where the cars will be valet parked. 5 Planning Commission Minutes March 11, 2020 City of Palm Springs Commissioner Lewin said he would like to see this project go forward, as well as the community. He said the applicant has done a lot to mitigate concerns of the community. If better renderings would have been provided they would be moving things faster. The Commission discussed additional items they would like to see when this project comes back for review. Commissioner Donenfeld noted that the criteria for a variance is extremely strict. He is not ready to vote on this project. Vice Chair Moruzzi concurred with Commissioner Donenfeld in continuing the project to allow the applicant to provide the additional materials requested by the Commission. Chair Weremiuk said she is not satisfied with the lack of parking spaces and setbacks on Belardo. She cannot tell what the project will look like and would like to see additional drawings. Commissioner Lewin concurred with the Commission about what the project will look like. Lewin, seconded by Donenfeld to continue to a date certain of March 25, 2020 to allow the applicant to provide the following additional materials: 1. Provide all streetscape elevations. 2. Prepare parking/traffic analysis and identify off -site parking solutions. 3. Provide additional drawings depicting various setback scenarios for Building «N" 4. Submit additional details on the folly (cabana). 5. Report on security issues after discussion with neighbors (Del Marcos Hotel). 6. Provide additional justification to Variance findings. AYES: DONENFELD, ERVIN, LEWIN, MORUZZI, WEREMIUK ABSENT: HIRSCHBEIN, SONG 2D. LEGACY PALM SPRINGS, INC REQUESTING A ONE (1) YEAR EXTENSION OF TIME FOR A PLANNED DEVELOPMENT DISTRICT TO CONSTRUCT A THREE-STORY, ONE HUNDRED FOURTEEN (144) BED ASSISTED LIVING FACILITY WITH ACCESSORY COMMERCIAL USES LOCATED AT 1000 NORTH PALM CANYON DRIVE, ZONE PD 357, SECTION 3 (CASE 5.1237 PD 357). (GM) Associate Planner Mlaker presented the proposed one-year time extension as outlined in the staff report. Chair Weremiuk opened the public hearing: R Planning Commission Minutes March 11, 2020 City of Palm Springs TODD PRATT, representing the applicant, stated that the current landowner that obtained the entitlements and recently contacted them. He said they commenced a full-blown market study and spent quite a bit of time looking for an operator and studied the economics of the project. They would like to proceed with the project as it is. There being no further speakers the public hearing was closed. The Commission discussed whether the applicant has made progress in advancing the construction and exercising the entitlement. Commissioner Donenfeld said he does not see any progress that's been done on this project. He is not convinced that they have taken the necessary steps to bring this project to fruition. He agrees with the staff report to deny the extension of time. Commissioner Lewin said he was involved with the original approval in 2012. He noted that in the last eight years the economy was booming with the perfect market conditions and nothing has happened with this project. He is in support of staffs recommendation of denial. Vice Chair Moruzzi said that he was also involved in the original approval in 2012; and noted that it's clear no progress has been made. He is in support of staffs recommendation of denial. Chair Weremiuk said that a new project came through and realizes that it takes a long time to select a provider but a letter was not provided from the provider that was selected. She will reluctantly vote in opposition of the extension of time. Hirschbein, seconded by Moruzzi to deny the application. AYES: DONENFELD, ERVIN, LEWIN, MORUZZI, WEREMIUK ABSENT: HIRSCHBEIN, SONG 3. UNFINISHED BUSINESS: 3A. AGRE DCP PALM SPRINGS, LLC (DBA: RIVIERA HOTEL) FOR A THREE (3) MONTH REVIEW OF A CONDITION OF APPROVAL RELATIVE TO NOISE ISSUES FROM MECHANICAL EQUIPMENT AND SPECIAL EVENTS AT THE RIVIERA HOTEL LOCATED AT 1600 NORTH INDIAN CANYON DRIVE, ZONE R-3, SECTION 2 (CASE NO 5.1479 CUP). (GM) Donenfeld, seconded by Moruzzi to continue to date certain of April 8, 2020. AYES: DONENFELD, ERVIN, LEWIN, MORUZZI, WEREMIUK ABSENT: HIRSCHBEIN, SONG 7 Planning Commission Minutes March 11, 2020 City of Palm Springs PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS: • City Council review of proposed updates to the Noise Ordinance CITY COUNCIL LIAISON REPORT: None. PLANNING DIRECTOR'S REPORT: • Odor control template • City Council directives as part of General Plan Update ADJOURNMENT: The Planning Commission adjourned at 9:47 pm to 5:30 pm, Wednesday, March 25, 2020, City Hall, Council Chamber, 3200 East Tahquitz Canyon Way. F Inn Fagg, AICP Director of Planning Services E.