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HomeMy WebLinkAbout2021-04-28 PC Meeting MinutesPLANNING COMMISSION MINUTES APRIL 28, 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 5:30 pm. ROLL CALL: Present: Ervin, Hirschbein, Lewin, Roberts, Song, Vice Chair Moruzzi, Chair Weremiuk Staff Present: Development Services Director Fagg, Attorney Priest, Assistant Planning Director Newell, Administrative Coordinator Hintz, Associate Planner Lyon, Associate Planner Mlaker, Principal Planner Robertson, Director of Special Program Compliance Goedhart, Chief Deputy City Clerk Lomeli 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, April 22, 2021, and posted on the City's website as required by established policies and procedures. ACCEPTANCE OF THE AGENDA: Roberts, seconded by Lewin to accept Agenda, as presented. AYES: ERVIN, HIRSCHBEIN, LEWIN, ROBERTS, SONG, MORUZZI, WEREMIUK PUBLIC COMMENTS: Chair Weremiuk opened public comments: FRANK PEPLER, said applying standards for the installation of tennis court to pickleball will lead to a substantial underestimation of the noise impact on neighboring properties and should be approached with caution. There being no further speakers public comments was closed. 1. OTHER BUSINESS: Planning Commission Minutes April 28, 2021 City of Palm Springs OATH OF OFFICE OF RE -APPOINTED BOARD MEMBER -Commissioner Hirschbein took his Oath of Office. 2. CONSENT CALENDAR: Hirschbein, seconded by Song to approve Consent Calendar, as presented. AYES: ERVIN, HIRSCHBEIN, LEWIN, ROBERTS, SONG, MORUZZI, WEREMIUK 2A. APPROVAL OF MINUTES: DECEMBER 9, 2020 Approved, as presented. (Noting Commissioner Roberts' abstention on the minutes.) 2B. PINNACLE VIEW, LLC, OWNERS FOR A MAJOR ARCHITECTURAL REVIEW FOR THE CONSTRUCTION OF A 4,276-SQUARE FOOT SINGLE-FAMILY HOUSE ON A HILLSIDE LOT LOCATED AT 2275 VISTA DISTANCIA COURT, ZONE ESA-SP PLANNING AREA 4, LOT 97, DESERT PALISADES SPECIFIC PLAN, SECTION 3 (CASE 3.4214 MAJ). (GM) Approved, as presented. 2C. VACATION OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF SUNNY DUNES ROAD LOCATED BETWEEN THORNHILL ROAD AND HERMOSA DRIVE IN SECTION 23, (ENG. FILE R 21-03-0695). (FP) Approved, as presented. 3. PUBLIC HEARINGS: 3A. SECONDARY SOURCE PRODUCTIONS, LLC, (dba REFORMA PALM SPRINGS) REQUESTING APPROVAL OF A CONDITIONAL USE PERMIT ("CUP") FOR A NIGHTCLUB / COCKTAIL LOUNGE USE AT "THE J.W. ROBINSON'S BUILDING", A CLASS 1 HISTORIC SITE, LOCATED AT 333 SOUTH PALM CANYON DRIVE, ZONE CBD (CASE 5.1524 CUP / LUP 21-004 / 3.1903 MAA / HSPB 84). (KL) Associate Planner Lyon presented the proposed project. Chair Weremiuk opened the public hearing: 2 Planning Commission Minutes April 28, 2021 City of Palm Springs ROB GIESECKE, applicant, provided an overview on his background, project concept, customer base, building design, sound system (noise attenuation) and community benefits. CJ TOBE, DAP, community director, publicly recognized the applicant's partnership with his previous management for contribution to the community; and spoke in favor of the proposed project. ROBBIE WAYNE, Desert Rose Playhouse, artistic director, recently moved in Old Zelda's Nightclub location, spoke in favor of the project and acknowledged applicant and design team for their fundraising events for the theater. JEFF ROCKER, Hocker Productions, spoke in support of the applicant with his contribution to Arenas Road merchants and thinks more live entertainment is needed in downtown corridor to bring more tourists. JULIE MONTANTE, spoke in support of the project; and encouraged more entertainment to bring back tourism and activation of this corner. MATT ROBINSON, spoke in support of the project; and noted that activation of this corner would improve loitering in this area. ROB GIESECKE, applicant rebuttal, addressed letters of concern relating to noise, outdoor events and security in parking lot. There being no further speaker the public hearing was closed. Commission Comments: Commissioner Hirschbein thinks it's a great fit for this space and is generally in favor of the project. He discussed adding several conditions pertaining to a six-month review, signage inside building for emergency exit doors and security patrol. He thinks there are creative ways of improving outdoor spaces without attaching heaters, speakers and misters. Commissioner Song appreciates repurposing one of the important buildings in downtown and especially for making the entrance on Palm Canyon not from the parking lot. Vice Chair Moruzzi noted this building has been vacant for so long which has been a concern and is very supportive of the idea of a sophisticated restaurant and club going into this space. Commissioner Roberts concurred with Commissioner Hirschbein's comments pertaining to the added conditions. He suggested a review of the CUP if complaints are received; and the applicant providing their contact number should problems arise. 3 Planning Commission Minutes April 28, 2021 City of Palm Springs Commissioner Lewin thinks it's a terrific project and will be a great addition to this area. Chair Weremiuk likes the project but given the history of Zelda's Nightclub but would like to proceed with caution. Ms. Weremiuk discussed adding several conditions pertaining security plan, dining room hours of operation, inclusion of Thursday and Saturday, misters on outdoor fixtures and compliance to Noise Ordinance. Hirschbein, seconded by Weremiuk to approve with added conditions: 1. Six-month review by Planning Commission, unless the Director determines a review sooner is necessary based on documented complaints. 2. Signage inside the building shall indicate rear (westerly) exits are for emergency use only. 3. Include requirement for security on Thursday nights, when operation is open those evenings. 4. POL 2. The operator shall develop a security plan for the operation of the business that shall be reviewed and approved by the Palm Springs Police Department. The operator shall implement and remain in compliance with the approved security plan at all times. Evidence demonstrating non-compliance with the approved security plan may result in revocation of the Conditional Use Permit in accordance with Section 94.02.00(I) of the Zoning Code. 5. Hours of operation may be modified by Director of Development Services. 6. PLN 2.A. Modified- Misters may be installed on outdoor fixtures (umbrellas etc.), as deemed acceptable by the Historic Preservation Officer. Consider creative way to integrate misters & speakers outsides, if still desired by applicant. 7. PLN 9. In accordance with the project noise study (dated 4/21/21), the operator shall ensure the sound pressure level five feet from the main stage of the nightclub/restaurant shall not exceed 125 dBA during operation. 8. PLN 10. In accordance with the project noise study (dated 4/21/21), the operator shall install and maintain a hardware or software volume limiter, as deemed acceptable by the Planning Director, to ensure compliance with the noise ordinance. The operator shall maintain the sound system, including limiter, to ensure compliance with the conditions of this permit. 9. PLN 11. The installation of a sound monitoring station(s) on the exterior may be required by the Staff based on findings, reports and complaints heard by the City at the periodic operational reviews. 10. PLN 12. The Applicant shall improve the interiors of the tenant space utilizing appropriate techniques and materials to reduce sound transmission outside of the business' interior, as described in the project noise study (dated 4/21/21). 11. PLN 13. Low frequency (bass) sound levels shall be limited and shall not create noise or a nuisance to surrounding properties. 12. No outside events in parking lot. 13.Ambient music in front (east) patio restriction. AYES: ERVIN, HIRSCHBEIN, LEWIN, ROBERTS, SONG, MORUZZI, WEREMIUK 4 Planning Commission Minutes April 28, 2021 City of Palm Springs A recess was taken at 6:59 pm. Meeting resumed at 7:06 pm 3B. SUSAN HOOTEN ON BEHALF OF DEMAND CANDY, INC. FOR A CONDITIONAL USE PERMIT (CUP) TO OPERATE A 2,209-SQUARE FOOT TYPE N (NON-VOLATILE INFUSION) CANNABIS MANUFACTURING FACILITY WITHIN A VACANT INDUSTRIAL BUILDING LOCATED AT 1251 MONTALVO WAY, UNIT J, ZONE M-1-P, SECTION 07 (CASE 5.1512 CUP). (ER) Principal Planner Robertson provided a brief background and presented the proposed project. Mr. Robertson described fusions, separation requirements and nearby Cannabis facilities. He clarified there will be no dispensary and lounge at this facility. Director of Special Program Goedhart addressed questions relating to enforcement of odor in other areas, enforcement in the Desert Highland's area and an update on types of cannabis complaints. Ms. Goedhart noted they are currently reviewing their budget and are looking at adding two code enforcement officers that are dedicated to cannabis complaints. Commissioner Lewin stated all the information being discussed about odor and enforcement is bringing confusion about the project that's before them for review. JAY TAKACS, odor consultant, confirmed that licensing for a Type N is limited to pre - sealed distillate (post extracted, generally odor -free) and the Odor Control Plan addresses above and beyond mitigation measures. Chair Weremiuk opened the public hearing: SUSAN HOOTEN, applicant, explained she's been doing this process since 2012 and the only odor that is emitted is the candy. She provided details on the area for the infusion that's completely sealed and has a carbon fiber exhaust to remove any odors. NEIL GARRETT, El Rancho Vista Estates Neighborhood, voiced concern with over - saturation in this location with manufacturing facilities. They are very concerned with the quality of life in this neighborhood. CRAIG RUSHING, El Rancho Vista Estates Neighborhood, expressed concern with odor and lack of code enforcement. RICHARD MCKILLIGAN, EL Rancho Vista Estates Neighborhood, spoke about a problematic property in this neighborhood for two years and has not been resolved. He questioned what types of products would be processed and which ones would create odors. 5 Planning Commission Minutes April 28, 2021 City of Palm Springs SUSAN HOOTEN, applicant rebuttal, responded to previous testimony relating to odor. She explained the infusion process and explained that it does not create any odor. There being no further speakers the public hearing was closed. Vice Chair Moruzzi appreciates the discussion on enforcement and odor control; and how this policy has been implemented over the years; however, he concurs with Commissioner Lewin about focusing on the project before them. Mr. Moruzzi does not think there is an issue with odor and supports this project. Having said that, he made a motion of approval. Commissioner Lewin appreciated the background history, as well, and verified with odor consultant that all standards are being met. He supports the project. Chair Weremiuk commented that she's had concern with cannabis enforcement and thinks it's important for the public to have a sense of what these issues are. Moruzzi, seconded by Lewin to approve Case 5.1512 CUP, subject to Conditions of Approval. AYES:ERVIN, HIRSCHBEIN, LEWIN, ROBERTS, SONG, MORUZZI, WEREMIUK 4. UNFINISHED BUSINESS: NONE. 5. NEW BUSINESS: NONE. PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS: • Updated on Subcommittee Housing Meeting (Moruzzi, Ervin and Lewin). • Condition of sidewalks in the city. • Status of project developments. • Provide recommendation to City Council regarding lack of cannabis enforcement. during evening hours. PLANNING DIRECTOR'S REPORT: • Review of General Plan Update. ADJOURNMENT: The Planning Commission adjourned at 8:10 pm to 5:30 pm, Wednesday, May 12, 2021, 3200 East Tahquitz Canyon Way. (:�.- ? 27 7 � David Newell, AICP Assistant Director of Planning C1