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HomeMy WebLinkAbout2021-06-23 PC Meeting MinutesPLANNING COMMISSION MINUTES June 23, 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 5:40 pm. ROLL CALL: Present: Ervin, Hirschbein, Roberts, Song, Vice Chair Moruzzi, Chair Weremiuk Staff Present: Assistant Planning Director Newell, Attorney Priest, Administrative Coordinator Hintz, Engineering Associate Minjares, Principal Planner Robertson, Director of Special Program Compliance Goedhart 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, June 17, 2021 and posted on the City's website as required by established policies and procedures. ACCEPTANCE OF THE AGENDA: Song, seconded by Roberts to accept the Agenda, as presented. AYES: ERVIN, HIRSCHBEIN, ROBERTS, SONG, MORUZZI, WEREMIUK PUBLIC COMMENTS: None. 1. CONSENT CALENDAR: Roberts, seconded by Song to approve Item #1A and #1 B, as presented. AYES: ERVIN, HIRSCHBEIN, ROBERTS, SONG, MORUZZI, WEREMIUK 1A. APPROVAL OF MINUTES: MAY 26, 2021 1 B. KINGS GARDEN, INC., REQUESTING A PARCEL MAP WAIVER (PMW 38095) FOR THE MERGER OF SIX (6) PARCELS INTO ONE PARCEL TO ALLOW A PROPOSED EXPANSION OF AN EXISTING CANNABIS CULTIVATION FACILITY LOCATED AT 63-795 19TH AVENUE, ZONE M-2 (PMW 38095). (ER) 2. PUBLIC HEARINGS: Planning Commission Minutes June 23, 2021 City of Palm Springs 2A. KINGS GARDEN, INC., FOR A CONDITIONAL USE PERMIT (CUP) APPLICATION FOR THE EXPANSION OF AN EXISTING TYPE 3A AND TYPE 4 CANNABIS CULTIVATION FACILITY FROM A 37,787-SQUARE FOOT BUILDING TO THREE BUILDINGS TOTALING 212,027-SQUARE FEET, ALONG WITH A 5,650-SQUARE FOOT WAREHOUSE LOCATED AT 63-795 19TH AVENUE, ZONE M-2 AND WITHIN THE CANNABIS OVERLAY ZONE, SECTION 15 (CASE 5.1518-CUP). (ER) Principal Planner Robertson presented the project. JIM PRIEST, attorney, responded to questions relating to imposing solar requirement; he stated if there is a specific land use impact such as excessive odor or noise but you cannot use land -use conditions for specific projects to make changes in the policy. This policy change would need to be implemented by the City Council through the code amendment process. VERONICA GOEDHART, Director of Special Programs Compliance, said, in response to questions that she verified with Police Department and there have been no complaints. Commissioner Roberts wondered why they are not requiring solar on these facilities; he thinks it's the perfect environment for solar. He questioned imposing solar requirement as a policy issue. Attorney Priest explained the solar policy for residential has been made at the State level, through the Building Code. Engineer Associate Minjares clarified that currently the city does not have any sewer facilities in the area and is within the service area of Mission Springs Water District. This facility would be required to put in a septic system through the Department of Water Resources and Health Department to protect the aquifer. JAY TAKACS, odor control consultant, described the odor control process relies on an anteroom that is always being kept at a minimum negative pressure, in order to pressure cascade the extra odor that might be in the building and control it into one area. It is contained and then mitigated through a carbon filter and then diluted with atmospheric air to a set one ratio before it's discharged to the environment. Chair Weremiuk opened the public hearing: GARY LASALLE, applicant, clarified the sewer and septic are zero waste facilities, all run- off water from fertigation system (watering the plants) and condensation (generated from air conditioning) is recaptured and recycled. Mr. Lasalle described the filtration system in detail and was available for questions. 2 Planning Commission Minutes June 23, 2021 City of Palm Springs Commissioner Roberts asked the applicant if solar was considered for the project. (Mr. LaSalle responded his background is electrical and they've done very large solar projects. He stated that the amount of solar that's needed to compensate for a fraction of power that's used would require 10 acres or more of solar. He stated that rooftop solar is not an option because the mechanical equipment will be taking up the space.) MELVIN MCGEE, project architect, addressed questions pertaining to the parapet height to screen rooftop mechanical equipment. Commissioner Hirschbein questioned if cooling towers were considered instead of mechanical equipment. (The applicant explained package units are needed to control the temperature.) NICOLE CRISTE, environmental consultant, stated mitigations have become standard for biology (nesting birds) and cultural resources. Commissioner Song made a motion of approval with added conditions: 1.) review by Sustainability Commission for the waste generated by the facility; 2.) increase building wall heights to screen rooftop mechanical equipment, a different material shall not be used; and 3.) install landscape screening on the west side of the site and a landscape maintenance plan shall be prepared and submitted to Planning Division Staff. Ms. Song said this is the only project she can say this for since it's an industrial project; massing is a different approach than downtown and housing development. By increasing the parapet 3 ft. and making the wall continuous it will make it a cleaner look than having a setback parapet with different material. Commissioner Roberts was surprised the Commission does not have the ability to impose solar requirements on this facility given that the City supports alternative power sources. Commissioner Hirschbein recalls the Commission was requiring rooftop solar on residential prior to Council policy; and would like to see if there's a precedence for prior actions as guiding principles. He questioned if an on -site water treatment plan is required as a mitigation for environmental effects why they could not mandate solar for mitigation for environmental effects. Mr. Hirschbein noted there are roughly 5-acres of roof and ground that could contribute to an array field and is not convinced package units are necessary. JAY TAKACS, odor consultant, addressed Commissioner Hirschbein's comment regarding the solar component, the energy use of the cannabis cultivation facility especially a two- story building on a per square footage is about 50 — 80 times the amount of energy and to be able to off -set the roof area for a normal building would only be a fraction. He clarified there is currently no solar requirements by the State for any commercial projects. Engineer Associate Minjares clarified the City is not imposing the on -site treatment plant in their conditions; but rather the Department of Water Resources has imposed on every project north of the freeway and have asked the City to impose this condition on their behalf. 3 Planning Commission Minutes June 23, 2021 City of Palm Springs Chair Weremiuk said she's not certain they can deal with the solar issue without slowing this project down. She does not think they have the authority to impose a solar on the project. Ms. Weremiuk requested future discussion with the Sustainability Commission on solar in commercial buildings. Vice Chair Moruzzi concurred with Chair Weremiuk's previous comment about the review process for solar and make a second on the motion. Commissioner Roberts said another option would be to impose a condition for solar and then have it appealed to the City Council. He realizes this slows down the project and suggested moving on with an approval to give more time for staff to research. Commissioner Hirschbein thinks its important that the project minimizes carbon footprint and provides as much solar power as it can. Commissioner Roberts proposed an amendment to the motion to impose a condition to have the applicant return with a solar power plan to use all available area for solar panels. The amendment to the motion was not accepted. Commissioner Song thinks this project should have solar and is disappointed it has not been integrated into building. However, they need to work within the findings and policies in which they could impose this requirement. Chair Weremiuk concurred with Commissioner Song and noted they reviewed a similar project at their previous meeting and solar was not required. Ms. Weremiuk would like to see solar incorporated in the project but needs to be certain they have the authority to impose it. Ms. Weremiuk asked the applicant if he would be willing to maximize the solar that's possible on the rooftop and building. Mr. LaSalle said although he appreciates the Commission's opinions on solar and large buildings being cooled by cooling towers, those buildings are not indoor agriculture buildings. There are different facets within their industry which are very successful and mounting solar on the rooftop is not an option for them. He stated they can provide research into mounting solar on a carport but cannot guarantee it. Mr. LaSalle indicated the costs associated with installing solar in the magnitude of the parking lot would roughly cost two million dollars to offset 5% of energy use is not financially economical. Song, seconded by Moruzzi to adopt Mitigated Negative Declaration (MND) and approve Conditional Use Permit with added conditions: 1. The proposed project shall be reviewed by the Sustainability Commission including review of waste trash enclosure. 2. The applicant shall increase building wall heights to screen mechanical equipment, a different material shall not be used. 4 Planning Commission Minutes June 23, 2021 City of Palm Springs 3. The applicant shall install landscape screening on the west side of the site and a landscape maintenance plan shall be prepared and submitted to Planning Division Staff. 4. The Commission strongly recommend that the applicant look into adding solar system to the facility. AYES: ERVIN, SONG, MORUZZI, WEREMIUK NOES: HIRSCHBEIN, ROBERTS 3. UNFINISHED BUSINESS: NONE 4. NEW BUSINESS: NONE PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS: • Request for staff to agendize a discussion on solar for commercial projects. • Update on two code officers dedicated to cannabis enforcement. • Request from Planning Commission to City Council for their consideration and review of a policy for solar power on commercial buildings in conjunction with Sustainability Commission. Update on Subcommittee meeting for the Andaz Hotel project. Recap on General Plan Update Neighborhood meetings. PLANNING DIRECTOR'S REPORT: • Update on Downtown Specific Plan review process. • City Council discussion on parklets. • Upcoming City Council items for review: Andaz Hotel, Well in the Desert CUP, • City Council interviews for HSPB and Planning Commission appointments. • Upcoming meetings ADJOURNMENT: The Planning Commission adjourned at 7:33 pm to 5:30 pm, Wednesday, July 14, 2021, 3200 East Tahquitz Canyon Way. avid Newe I, AICP Assistant Director of Planning 5