HomeMy WebLinkAbout2021-05-26 PCMeeting MinutesPLANNING COMMISSION MINUTES
MAY 26, 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 5.38 pm.
ROLL CALL:
Present: Ervin, Hirschbein, Roberts, Song, Vice Chair Moruzzi, Chair Weremiuk
Staff Present: Development Services Director Fagg, Attorney Priest, Assistant
Planning Director Newell, Administrative Coordinator Hintz, Associate
Planner Kikuchi, Associate Planner Lyon, Engineering Associate
Minjares, 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, May 20, 2021, and posted on the
City's website as required by established policies and procedures.
ACCEPTANCE OF THE AGENDA:
Hirschbein, seconded by Roberts to accept the Agenda, as amended (Item 4A was moved
to the Consent Calendar).
AYES: ERVIN, HIRSCHBEIN, ROBERTS, SONG, MORUZZI, WEREMIUK
PUBLIC COMMENTS:
Chair Weremiuk opened public comments:
JANE GARRISON, on behalf of Oswit Land Trust, (spoke on Item 4C, EHOF Canyon
View) said this project involves the critically endangered Casey's June Beatle and they are
requesting for perimeter around the site to be left in a natural state. It does not change the
number of homes, square -footage, streets and layout of the neighborhood.
BETTINA ROSMARINO, Oswit Land Trust, board member, (spoke on Item 4C, EHOF
Canyon View) said the work currently planned for this project will wipe out all the
endangered species including various bird species, rabbits, Casey's June Beatles and the
Coachella Valley brown squirrels. She requested delay of final approval for more in-depth
discussion with the developer.
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SOFIA SOMERS, (spoke on Item 4C, EHOF Canyon View) nearby resident, concurred
with previous testimony. She visited the site, took photos of wildlife and spoke in favor of
keeping the perimeter in its natural state.
KATE MISSKELLY, (spoke on Item 4C, EHOF Canyon View), nearby resident, urged the
Commission to leave the perimeter it in its natural state.
PATRICE WYNDHAM SMITH, applicant, Item 4B, said they have issues with vandalism
and requested approval of the gate to provide security.
There being no further speakers the public hearing was closed.
1. CONSENT CALENDAR:
Moruzzi, seconded by Hirschbein to approve Items 1A and 4A as part of the Consent
Calendar, as presented.
AYES: ERVIN, HIRSCHBEIN, ROBERTS, SONG, MORUZZI, WEREMIUK
1A. APPROVAL OF MINUTES: JANUARY 13, 2021, JANUARY 27, 2021
4A. DAVID & PATRICIA MARINO, OWNERS, FOR A MAJOR
ARCHITECTURAL APPLICATION AND ADMINISTRATIVE MINOR
MODIFICATION PROPOSING A 7,125-SQUARE FOOT SINGLE FAMILY
RESIDENCE THAT EXCEEDS THE HEIGHT LIMITS FOR THE ZONE AND
ACCESSORY STRUCTURES ON A HILLSIDE LOT LOCATED AT 1405
ROSE AVENUE, ZONE R-2-C (CASE 3.4209 MAJ / 7.1621 AMM). (KL)
2. PUBLIC HEARINGS:
2A. CITY OF PALM SPRINGS TO AMEND THE DOWNTOWN PALM SPRINGS
SPECIFIC PLAN DOCUMENT TO REVISE THE ARCHITECTURAL
REVIEW PROCESS (CASE 5.1204 SPA). (FF)
Director Fagg provided an overview of the proposed amendment to the specific plan
document.
Chair Weremiuk then opened the public hearing. There being no speakers, the public
hearing was closed.
Commissioner Hirschbein verified the authority of the Architectural Review Committee in
the architectural review process and questioned if the Planning Commission would see the
architectural details of proposed projects.
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Commissioner Roberts expressed concern that the addition of the study session would
lengthen the review process, rather than streamlining the process as directed by City
Council. He requested information about the pre -submittal conference with staff.
Vice Chair Moruzzi noted that the pre -submittal conference and study session would
alleviate some of the issues that were noted with the design of the most recent project in
the specific plan area.
Commissioner Song requested that staff report back on the effectiveness of the changes
to the process in one year from adoption and verified the requirements for a quorum at the
study session meeting.
Commissioner Roberts reiterated that the process would be cumbersome but understands
the intent of the study session.
Chair Weremiuk noted that the Planning Commission has typically held a study session for
projects in the specific plan area, even though not required by code, and that applicants
have generally appreciated the study session process. She stated that the study session
would alert the Planning Commission of concerns that the Architectural Review Committee
may have.
Commissioner Hirschbein verified the number of developable parcels remaining within the
specific plan boundaries, and the procedures of the study session.
Commissioner Ervin questioned when the study sessions would occur, and how often they
would be held. He asked if the proposed process would achieve the goals established by
the City Council in streamlining the entitlement process.
Vice Chair Moruzzi stated that this is not an onerous process, and these review
procedures are needed for projects in the downtown area.
Weremiuk, seconded by Hirschbein to recommend approval to City Council.
AYES: ERVIN, HIRSCHBEIN, ROBERTS, SONG, MORUZZI, WEREMIUK
A recess was taken at 6:31 pm. The meeting resumed at 6:36 pm.
2B. SMS ARCHITECTS ON BEHALF OF HALL PALM SPRINGS II, TO
AMEND THE FINAL DEVELOPMENT PLANS FOR THE PALM SPRINGS
HOTEL (FORMERLY KNOWN AS ANDAZ HOTEL) TO REMOVE THE SPA
LOCATED ON THE SECOND LEVEL AND REPLACE IT WITH 14
ADDITIONAL GUESTROOMS FOR A TOTAL OF 164 ROOMS HOTEL
LOCATED AT 414 NORTH PALM CANYON DRIVE, ZONE PD324 (5.1091-
PD-324). (ER)
Principal Planner Robertson presented the proposed project as outlined in the staff report.
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Commissioner Moruzzi asked about the parking agreement between the City and the
previous ownership of the development and why public parking is no longer allowed on the
development given that the City had made payments for the parking to the previous
owners of the project. Commissioner Moruzzi also inquired the number parking spaces
that were set aside for public use.
Director Fagg responded that the City offered to pay fees to the applicant to provide public
parking in the garage of the northeast corner of the property. He said the current owner of
the property has not accepted the city payment and they are not required to provide public
parking. Director Fagg stated that the applicant has parking in excess of what's required
by the Zoning Code even with the proposed additional units.
Chair Weremiuk said she could not understand the drawings, in terms of the impact
specifically on Indian Canyon. She said it does not look like the third and fourth floors
have the same footprint as the original spa. Ms. Weremiuk said it seems like the footprint
is wider and questioned how far the setbacks are from Indian Canyon. She recalls when
they originally approved this project they were concerned about the "fortress effect" and
the impact on Indian Canyon and if it was too tall. (Staff responded the setbacks will not
encroach upon the second level and the area that was previously approved; however, the
massing is different.)
Chair Weremiuk opened the public hearing:
ROB BERKHEIMER, represents the applicant, said the original developer defaulted and
they took the project back last March and it's been a difficult process to eliminate $28
million dollars in liens and get to where they are today. On April 22nd they made an
extensive presentation to City Council and made a commitment to start construction by the
end of the year.
BRIAN MARTINELLI, vice-president, development, Hall Group, said they are finalizing
negotiations with a very high -end hotel brand and extensive peer reviews have been done.
Mr. Martinelli said they believe the additional guest rooms meet their intent program and
are excited as it relates to this project.
BRANDON DEDMON, architect, has been involved with the original developer since day
one and understands some of the concerns with massing. He said the original site had a
lot of solid walls and by turning the units outward toward Indian Canyon they have been
given the rooms views with a Mid -Century modern architecture.
MATT BUSQUET, owner of building immediately to the south, said the project started in
2005 and with each subsequent contractor, financer, architect and owner the plans have
changed. He noted concern with an alleyway in between the development and their
building and brought up the public parking agreement.
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BRIAN MARTINELLI, said as it relates to the easement to the south of the property, he
cannot verify the agreement with the original approval of the project. Mr. Martinelli said
they have invested over 40 million dollars into this project development with the intent that
they will commence construction no later than the end of this year. He clarified that they
are within the current existing Planned Development guidelines subject to this
development.
BRANDON DEDMON, SMS Architects, responded to previous testimony, said nothing has
changed between the corridor and adjacent property, it remains the same.
There being no further speakers the public hearing was closed.
Vice Chair Moruzzi said he's troubled by the elimination of the public parking. He asked
the applicant why the public parking was removed and not made available to the public.
The applicant responded with the previous agreement there was financial incentive to
provide that additional public parking. They are required to provide parking for their retail,
hotel customers, tenants and public retail aspect for which the surplus will provide that
parking capacity.
Commissioner Roberts stated that the City originally went into the parking agreement with
the previous owner who has benefited from the agreement. He further stated that he had
struggles with the project from the beginning and that the proposed amendment has not
gotten better. He continued that the proposed amendment has no connections with the
existing building and there are no elements to improve the project or connect it to Palm
Springs and that he'd rather move the project to the AAC to deal with it. The Commissioner
also stated that he would want to know who the hotel operator would be and hoped for a
high -end operator since the Spa which was a major component of the project is being
eliminated and that the massing along Indian Canyon is problematic.
Commissioner Hirschbein stated that he is in agreement with Commissioner Roberts given
that the design is not what to expect in Palm Springs. The Spa provided a punctuation at
the south end of the project and that the proposed change is more of the same. He stated
that the City could not force the owners to have the spa, but from massing and architecture
point of view, it is a massive failure.
Commissioner Ervin stated that while he is in agreement with his fellow Commissioners,
he wondered what the next step is and asked that how long will the delay continue should
the Commission have the applicant start all over again; he questioned creating more
delays for a project that has been on -going for such a long time.
Vice Chair Moruzzi sees the proposal as a conundrum and asked on what basis the
Commission can deny the proposal. It's very troubling and does not know how to vote on
this.
Commissioner Song spoke about the complexity of a four -level structure without due
consideration to the massing. She suggested one of the alternatives is to keep the original
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design and massing by possibly converting the fitness area to one unit. She thinks the
articulation could be improved by incoraoratina the context of downtown.
BRIAN MARTINELLI, representing the applicant, requested for a continuation to allow time
for further considerations of comments by the Commissioners.
Commissioner Hirschbein stated that the project has been on -going for the past 15 years
and as such a one -month delay to get the amendment right will not impact the applicant
schedule.
A recap of the Planning Commission concerns consists of:
1. The massing changes on the southeast corner of the building was too bulky and
lacking consistency in design with the entire building.
2. The proposed amendment could be stepped back for an improved articulation.
3. The proposed elevations on the modified portion of the building is not in harmony
with the rest of the building.
4. The applicant to consider leaving the current design with the Spa and convert the
Spa spaces into additional rooms.
Weremiuk, seconded by Roberts to continue to date certain of June 9, 2021.
AYES: ERVIN, HIRSCHBEIN, ROBERTS, SONG, MORUZZI, WEREMIUK
3. UNFINISHED BUSINESS: None.
4. NEW BUSINESS:
A recess was taken at 7:35 pm. The meeting resumed at 7:41 pm.
4B. DAHL ARCHITECTS, INC., ON BEHALF OF WYNDHAM SMITH, FOR
MINOR ARCHITECTRUAL (MAA) APPROVAL FOR THE INSTALLATION
OF A PARKING LOT GATE AT A COMMERCIAL PROPERTY LOCATED
AT 850 NORTH PALM CANYON DRIVE, ZONE C-1, SECTION 10 (CASE
3.2029 MAA). (NK)
Associate Planner Kikuchi presented the project as outlined in the staff report.
PATRICE WYNDHAM SMITH, applicant, responded to Commission questions pertaining
to purchase of property and trash pick-up.
Engineering Associate Minjares stated the Engineering Department's position on gates for
commercial projects is not to approve if they cannot demonstrate they have an adequate
turn -around area. When the gate is closed the driver will back up on the street and in this
case onto Palm Canyon Drive.
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Commissioner Roberts made a motion of approval for the proposed gates. He said he's
lived in the city almost 20 years and there's always been gate at this property. He
indicated they don't have the space needed to create a turn -around. He thinks the
applicant makes a strong argument for security issues and unauthorized parking. He
thinks the need outweighs the risk of backing out onto traffic.
Roberts, seconded by Weremiuk to approve gate with added condition:
1. Gate shall be closed from 10:00 pm — 7:00 am on a daily basis.
2. Width of gate to be reviewed for satisfactory clearance through the ADA or Fire
Safety Requirements.
AYES: HIRSCHBEIN, ROBERTS, SONG, MORUZZI, WEREMIUK
NOES: ERVIN
4C. EHOF CANYON VIEW, LLC, FOR THE APPROVAL OF FINAL
DEVELOPMENT PLANS FOR PLANNED DEVELOPMENT DISTRICT 381;
AN 80-UNIT SINGLE-FAMILY RESIDENTIAL SUBDIVISION LOCATED AT
THE SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND
MATTHEW DRIVE, ZONE PDD-381 (CASE 5.1384 — PD 381/3.3902
MAJ/VTTM 36969). (ER)
Principal Planner Robertson provided an overview on the proposed project as outlined in
the staff report. He suggested continuing the project until June 9t" to allow additional time
to address public comments and questions.
Commissioner Roberts questioned if staff has adequate time to work with the applicant to
come up with mitigation measures for endangered species on the site. (Staff is in
possession of the Habitat Mitigation Measures & Monitoring Program and a document from
U.S. Wildlife Services.) He requested staff look into reduction of soil grading and
construction areas to reduce impacts on ecology on East Palm Canyon and Matthew
Drive.
Commissioner Hirschbein requested staff meet with members of the Oswit Land Trust to
understand their concerns prior to meeting with the Commission. (Staff responded the
applicant has been in dialogue with members of Oswit Land Trust and would look into
getting staff involved in these discussions.)
Vice Chair Moruzzi and Commissioner Song questioned if further CEQA analysis is
required given that there have been substantial changes especially on the perimeter given
the County will be putting in the drainage pipe.
Commissioner Song noted the environmental report was done in 2017 and questioned if it
expires because the entire drainage system has changed.
Chair Weremiuk requested clarification on the purview of the Commission to make
changes to the landscape plan since all three sides of the property have changed,
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irrespective of the CEQA issues. (Director Fagg responded because that, because these
areas were proposed to have drainage channels on the perimeter of the site, a review of
the landscape materials is appropriate. Mr. Fagg noted that the area that's proposed for
development has not changed nor has the vesting tentative tract map changed. He said
what you are looking at, is a change in landscape materials but the area has remained the
same.) Ms. Weremiuk confirmed the Commission's purview to review the following items:
the dog park's decomposed granite (originally a grass floor), the 5' change in the rear
yards and garage doors, given the change in the drainage channels; and most importantly
the CEQA issues. (Planning Director Fagg verified the Commission can review these
items.)
Engineering Associate Minjares responded to Commission questions relating to the
existing topography to the development are to the two along Lindon and along Matthew
Drive are no longer needed because of the Line 41 project. But the retention basis on
East Palm Canyon is required because this is the low spot of the development and this is
where the water is going.
Roberts, seconded by Hirschbein to continue to date certain of June 9, 2021.
AYES: ERVIN, HIRSCHBEIN, ROBERTS, SONG, MORUZZI, WEREMIUK
PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS:
• Request identifying activation items for the Downtown condominium project.
• Outcome of the City Council's review of Desert Palisades encroachment request.
• Inclusionary zoning for low-income sites.
PLANNING DIRECTOR'S REPORT:
Neighborhood Outreach Meetings for the General Plan Update will be held during
the month of June.
ADJOURNMENT: The Planning Commission adjourned at 8:49 pm to 5:30 pm,
Wednesday, June 9, 2021, 3200 East Tahquitz Canyon Way.
David Newell, AICP
Assistant Director of Planning
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