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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. Planning Commission Minutes May 26, 2021 City of Palm Springs 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. K Planning Commission Minutes May 26, 2021 City of Palm Springs 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. Planning Commission Minutes May 26, 2021 City of Palm Springs 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. 4 Planning Commission Minutes May 26, 2021 City of Palm Springs 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 5 Planning Commission Minutes May 26, 2021 City of Palm Springs 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. Planning Commission Minutes May 26, 2021 City of Palm Springs 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, Planning Commission Minutes May 26, 2021 City of Palm Springs 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 0