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Home My WebLink About2021-03-24 PC Meeting MinutesPLANNING COMMISSION MINUTES MARCH 24, 2021 CITY OF PALM SPRINGS, CALIFORNIA 3200 East Tahquitz Canyon Way, Palm Springs, California (Meeting held via Zoom) CALL TO ORDER: Chair Weremiuk called the meeting to order at 5:31 p.m. ROLL CALL: Present: Ervin, Hirschbein, Song, Vice Chair Moruzzi, Chair Weremiuk Absent: Lewin Staff Present: Development Services Director Fagg, Attorney Priest, Assistant Director of Planning Newell, Administrative 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) by 6:00 pm on Thursday, March 18, 2021, and posted on the City's website as required by established policies and procedures. ACCEPTANCE OF THE AGENDA: Song, seconded by Moruzzi, to accept the agenda as presented. AYES: ERVIN, HIRSCHBEIN, SONG, MORUZZI, WEREMIUK ABSENT: LEWIN PUBLIC COMMENTS: None 1. CONSENT CALENDAR: Hirschbein, seconded by Moruzzi to approve Items 1A and 1B as part of the Consent Calendar, as presented. (Noting Vice Chair Moruzzi's abstention on the minutes of October 14, 2021.) AYES: ERVIN, HIRSCHBEIN, SONG, MORUZZI, WEREMIUK ABSENT: LEWIN 1A. APPROVAL OF MINUTES: SEPTEMBER 23, 2020, OCTOBER 14, 2020 AND OCTOBER 28, 2020 Planning Commission Minutes March 24, 2021 City of Palm Springs 1 B. RIVERSIDE UNIVERSITY HEALTH SYSTEM FOR A PROPOSED SIGN PROGRAM FOR A MULTI -TENANT CENTER LOCATED AT 191 NORTH SUNRISE WAY (CASE 20-004 SP). (KL) 2. PUBLIC HEARINGS: 2.A EVOLVED ENGINEERING, LLC, ON BEHALF OF THE MORGUE, LLC, FOR A CONDITIONAL USE PERMIT (CUP) TO OPERATE A CANNABIS FACILITY TO INCLUDE TYPE 6 (NON-VOLATILE) MANUFACTURING, CULTIVATION, DISPENSARY, DISTRIBUTION AND A LOUNGE IN A VACANT INDUSTRIAL BUILDING WITHIN AN EXISTING BUSINESS PARK LOCATED AT 1241 SOUTH GENE AUTRY TRAIL, ZONE M-1, SECTION 33 (CASE 5.1492-CUP). (ER) Principal Planner Robertson narrated a PowerPoint presentation regarding the proposed project and read into the record, comments that were received relative to the project including odor complaints and parking. Mr. Robertson reported the applicant hired a new engineer, who prepared a different odor control plan. Jay Takacs, 15000 Inc., Odor Control Consultant, reported they did not review the original odor control plan; and stated the 2019 plan picks up most of the current requirements. He clarified the new plan complies with the new requirements except in the dilution of discharge of the positively pressurized air, which is not required for lounges or distribution but for cultivation. Chair Weremiuk opened the public hearing. STEVEN WIJATYK, Evolved Engineering, narrated the PowerPoint presentation regarding their cultivation and manufacture plan; and discussed parking, CC&Rs relative to parking, security, floorplans, odor control, the growing operation and the micro - business license. The public hearing was closed. Discussion followed regarding hours of operation, lighting, way -finding signage, potential changes in methods of manufacturing, the lounge areas and adding a dilution of discharge. Commissioner Hirschbein suggested adding a condition requiring a new ceiling in the cultivation room. Commissioner Ervin expressed concerns regarding the concentration of similar businesses especially in low-income areas. 2 Planning Commission Minutes March 24, 2021 City of Palm Springs Vice Chair Moruzzi commented on the previous ordinance and issues of concentration; and in response to his question, Principal Planner Robertson reported this project is not restricted by concentration and also meets separation requirements. Development Services Director Fagg reported that under the new ordinance, manufacturing and cultivation uses would not be allowed. Vice Chair Moruzzi noted it would not be fair to the applicant to restrict the project because of concentration as under the previous ordinance there was no requirement in terms of concentration. Chair Weremiuk stated she is uncomfortable with approving the project because of the prior moratorium in the area and the proximity to residences and other important uses and noted there has been a consistent problem with odors in the Demuth Park area. Attorney Priest reported that if there is going to be some element of the overconcentration that will be detrimental to other properties could be grounds for denial. However, if it is just numerical concentration but impacts will be fully mitigated, the overconcentration, in theory, is not a basis to deny the project. Commissioner Ervin expressed concern about children having access to cannabis all every corner and believed a lounge will bring different types of traffic into the community. Attorney Priest commented on policies set by City Council in terms of distance and zoning restrictions, etc. He advised that denial needs to be something specific to this project versus a generalized concern. Commissioner Hirschbein stated Council recognized there are certain, inherent problems with these kinds of facilities. Vice Chair Moruzzi stated it is not appropriate to change the rules in the middle of the process. Jay Takacs, Odor Control Consultant, spoke about a lack of code enforcement and recommended that the City provide an enforcement procedure or odor mitigation. He addressed the small size of the grow and noted suppression of the amount of ventilation is required. Mr. Takacs suggested the City could provide administrative checks along with physical checks for large operations that are subject to the dilution. Director Fagg reported the City can provide physical inspections at one, three and six months. Chair Weremiuk suggested requiring yearly, physical checks. Commissioner Song suggested doing air balance checks in addition to physical checks. 3 Planning Commission Minutes March 24, 2021 City of Palm Springs Song, seconded by Moruzzi, to approve with added changes: 1. Rosen Press shall be the only type used for cannabis manufacturing at The Morgue Cannabis facility. 2. Manufacturing and Cultivation area shall be one-story volume with ceiling. 3. Dilution of Discharge shall be included in the initial inspections and yearly inspections thereafter. 4. Air testing balance shall be checked one month into operations and shall be checked yearly thereafter. 5. The applicant shall be required to submit way finding signage on the parking lot for review. 6. The applicant shall be required to ensure of adequate lighting on the parking areas. 7. City staff shall check periodically to ensure that if the business is sold, the new operators comply with the original CUP. 8. The applicant shall be required to provide a letter from the landlord allowing The Morgue, LLC, access to Premier Greens, LLC, parking spaces. AYES: ERVIN, HIRSCHBEIN, SONG, MORUZZI, WEREMIUK ABSENT: LEWIN A recess was taken at 7:20 p.m. The meeting resumed at 7:30 p.m. 3. NEW BUSINESS: 3A. WOODBRIDGE PACIFIC GROUP, LLC, FOR THE APPROVAL OF FINAL DEVELOPMENT PLANS FOR ADDITIONAL 44 SINGLE-FAMILY RESIDENTIAL UNITS WITHIN PLANNING AREA 4A IN PHASE 1 OF THE MIRALON DEVELOPMENT LOCATED AT 801 SUNRISE WAY, ZONE PDD 290, SECTION 35 (CASE 5.0982-PD 290 / TTM 31848-1). (ER) Principal Planner Robertson narrated a PowerPoint presentation regarding the proposed project. Discussion followed regarding entrances to the project, the status of the clubhouse, ensuring the entry through the exclusive use common area and to the pathways is open and not obstructed with a pool and has a clear pathway down, concerns regarding entries into the property in terms of Plan 5, complaints about windows being warped and asking the developer to consider a bathtub option in main bathrooms. TODD CUNNINGHAM, Woodbridge Pacific Group, LLC, President, noted the plans were approved approximately 5 years ago. He said they want to continue with the product they are already building and have sold out of Plan 5. Mr. Cunningham discussed access to exclusive uses and indicated they have replaced problem windows. 4 Planning Commission Minutes March 24, 2021 City of Palm Springs Chair Weremiuk addressed access to the exclusive use common areas, ensuring that the pool placement does not conflict with access to the trails and reiterated that windows are hard to open. Mr. Cunningham agreed to locate the gates in an area providing direct access. Commissioner Hirschbein commented positively on the quality of the infrastructure. Commissioner Song commented on the difficulty of opening the windows and sliding glass doors. Chair Weremiuk reiterated concerns regarding the entry to Plan 5. Weremiuk, seconded by Song to approve with added change: 1. The builder shall lay out the access gates from the exclusive use common area to the Olive groves and trails in such a way that the homeowners will have direct, unobstructed and walkable access to the gates from the patio area. AYES: ERVIN, HIRSCHBEIN, SONG, MORUZZI, WEREMIUK ABSENT: LEWIN PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS: • Vice Chair Moruzzi referenced an article in The Desert Sun regarding Palm Springs taking legal action against four stalled hotels and asked about a court - ordered receiver. PLANNING DIRECTOR'S REPORT: • Director Fagg announced reappointments of Vice Chair Moruzzi and Commissioner Hirschbein to the Planning Commission and the appointment of J.R. Roberts to fill the vacant seat. • Additionally, he reported the implementation of an electronic plan submittal system for zoning applications and entitlements and reported all materials including agenda packets, will be electronic. ADJOURNMENT: The Planning Commission adjourned the meeting at 8:15 p.m. to 5:30 p.m., Wednesday, April 14, 2021, City Hall, Council Chamber, 3200 East Tahquitz Canyon Way. David Newell, AICP Assistant Director of Planning