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HomeMy WebLinkAbout2022-07-13 PC Meeting Minutes PLANNING COMMISSION MINUTES July 13, 2022 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 5:32 pm. ROLL CALL: Present: Aylaian, Ervin, Hirschbein, Miller, Moruzzi, Vice Chair Roberts, Chair Weremiuk Staff Present: Assistant Planning Director Newell, Attorney Priest, Administrative Coordinator Hintz, Assistant Planner Rubalcaba, 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 9:00 pm on Thursday, July 7, 2022, and posted on the City’s website as required by established policies and procedures. ACCEPTANCE OF THE AGENDA: Miller, seconded by Roberts to accept the agenda, as presented. AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MILLER, MORUZZI, ROBERTS, WEREMIUK PUBLIC COMMENTS: NONE 1. CONSENT CALENDAR: NONE 2. PUBLIC HEARINGS: 2A. WALMART STORES INC., OWNER, FOR A MAJOR DEVELOPMENT PERMIT APPLICATION AND CONDITIONAL USE PERMIT APPLICATION FOR THE CONSTRUCTION OF A FUEL STATION AND CONVENIENCE STORE LOCATED AT 5601 EAST RAMON ROAD, ZONE M-1 (CASE 3.4210 MAJ/DP & 5.1523 CUP). (AR) Planning Commission Minutes July 13, 2022 City of Palm Springs 2 Associate Planner Rubalcava presented the proposed project as outlined in the staff report. Commissioner Miller stated his concern for vehicular circulation issues (ingress from Crossley Road). He noted concern with only one exit onto the internal drive and fears drivers will enter in the “exit only” off Crossley Road. He thinks the channelization could be improved. Planner Rubalcava responded that the Engineering Department reviewed the plans and did not have any issues with circulation and preferred the “exit only”. Commissioner Aylaian expressed concern that the lighting is not too bright; and pointed-out that the landscaping plan does not match the renderings. Ms. Aylaian asked for clarification of the permissible uses of the remaining undeveloped land. Chair Weremiuk asked if the Commission has the ability to require shade trees along the berm. Commissioner Ervin asked for clarification on the percentage of alcohol sales inside of the store. Assistant Planning Director Newell stated that it is a maximum of 25% of total sales and the remaining must be other snack and sundry items. Planner Rubalcava reminded the Commission the requirement is included in the conditions of approval. PUBLIC COMMENT: JACOB GLAZE, applicant, civil engineer, said they are happy to work with staff on the circulation plan and additional signage. Mr. Glaze verified the hours of operation will be between 6:00 am - 11:00 pm. He confirmed that only one employee will be staffed during the alcohol sales hours. Mr. Glaze explained that Walmart has closed- circuit security and the ability to add another staff member from the box store. COMMISSION COMMENTS: In response to Commissioner Moruzzi’s question regarding applying the percentage of sales, Attorney Priest responded that the percentage of sales applies only to future applicants, and if the Commission starts with this applicant, then it can be required annually to provide the sales history to the Planning Director; and the same condition would be applied to future applicants. Attorney Priest confirmed that the Commission can amend that condition to verify compliance consistent with the Code. Commissioner Moruzzi said that he would like to amend the conditions of approval to include this requirement. Planning Commission Minutes July 13, 2022 City of Palm Springs 3 Vice Chair Roberts pointed-out that the applicant asked to follow the code that exists and not be singled out and not change the code specifically for this application. He does not think rewriting the code including monitoring makes sense. He spoke in support of reviewing the code but not while an applicant is before the Commission. Commissioner Miller spoke in agreement with Vice Chair Robert’s comments and thinks that the Commission should not be singling out this applicant. Mr. Miller noted that the city has the ability to monitor gross receipts by incorporating language to PLN #8. Chair Weremiuk recapped the Commission comments and made a motion. Weremiuk, seconded by Aylaian to approve subject to the conditions of approval with additional conditions as follows: 1. Hours of operation shall be between 6:00 am to 11:00 pm for gasoline and alcohol sales. 2. Improve circulation and channelization exit on the North side of the project. 3. The ARC to review the lighting plan details, shading in front of the building, the landscape plan and modify it to include a canopy of trees every 15 feet on principal streets. 4. Remove sales displays in front of the building. 5. Allow one staff personnel in KIOSK, as long as there is an additional person or Walmart security backup available to assist. 6. Add language to PLN #8 stating the Director of Planning may require as proof. of compliance of sales of alcohol conditions at any time. 7. The applicant shall ensure that trees are not removed from the landscape plan when addressing the shade structures to the KIOSK. 8. Revise Fire Department Conditions No. 7 language to state, “commercial” not residential smoke alarms (amended by staff staff). AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MILLER, MORUZZI, ROBERTS, WEREMIUK 2B. NEW CHURCH II, LLC FOR A TWO-YEAR EXTENSION OF TIME OF THE ENTITLEMENTS INVOLVING MAJOR ARCHITECTURAL APPLICATION AND CONDITIONAL USE PERMIT TO (1) RENOVATE TWO HISTORIC PROPERTIES FOR ADAPTIVE RE-USE AND (2) DEMOLISH AND RECONSTRUCT ONE- AND TWO-STORY STRUCTURES ON A 3.65-ACRE SITE FOR THE OPERATION OF A HOTEL WITH ACCESSORY SPA, RESTAURANT AND MEETING SPACE LOCATED AT 222 S. CAHUILLA ROAD, ZONE R-3 (CASE 5.1345 CUP, GPA, HSPB 23, HSPB 72, 3.0678 MAJ & 6.656 VAR). (DN) Planning Commission Minutes July 13, 2022 City of Palm Springs 4 Commissioner Aylaian recused herself from Item 2B due to a property-related conflict of interest. Assistant Planning Director Newell presented the project as outlined in the staff report. Vice Chair Roberts clarified that it is only a time extension request before the Commission. Assistant Planning Director Newell stated that staff has identified redevelopment changes that the applicant is requesting and wanted to make sure the Commission is aware of that. Commissioner Moruzzi questioned if the requested changes have been presented to the Historic Site Preservation Board (HSPB) for comments. Assistant Planning Director Newell stated that as part of the conditions of approval certain items will go back to the HSPB for review. The applicant has submitted a Historical Assessment of the Project Impacts Report and any changes would be subject to a certificate of appropriateness from the HSPB. Chair Weremiuk asked if certification by an Architect of construction plans with the primary aspects at least 80% complete have been submitted. Assistant Planning Newell responded that the applicant submitted a letter from an architect that stated the construction plans were 80% in compliance with industry standards and staff is evaluating the submittal for adequacy. In response to Chair Weremiuk question about staff’s determination for the project delay. Assistant Planning Newell replied that it is based on the Covenant Agreement established between the City and Applicant to allow effectively until January to issue permits. PUBLIC COMMENTS: RICHARD WEINTRAUB, applicant, verified that the application and plans are at least 80% completed and were submitted on the due date with associated fees. He explained that the Feasibility Study Report is in process and due on April 15th and discussed the changes to the project. COMMISSION COMMENTS: Vice Chair Roberts said this blighted property in the downtown area project has been dragging on for years. He suggested the applicant could apply for receivership to the City Council and it run concurrently with an extension. Planning Commission Minutes July 13, 2022 City of Palm Springs 5 Attorney Priest responded that the serious concerns can be referred through staff to City Council. He explained that if the facts and circumstances warrant it, then it can move forward with legal action to pursue a code enforcement receivership. Vice Chair Roberts spoke in support of a denial for this extension of time. He suggested sending it back to the City Council with a recommendation for receivership. Commissioner Hirschbein said he supported the motion but wanted to add that if the Planning Commission’s denial is overruled by City Council, he would still like to see the design changes go back to ARC and HSPB before they get approval. Roberts, seconded by Hirschbein to deny the time extension application; with a recommendation that the City pursue a code enforcement receivership and request that should the City Council grant the appeal and approve the extension then the design changes shall be referred to the ARC and HSPB for their approval. JACOB JESSEN, project manager, referenced their executed Incentive Agreement with the City Council and respective timelines. Mr. Jessen stated that he’s not certain about the details of the receivership but thinks it would destroy the project. Attorney Priest stated with respect to this application, there have been adequate, factual findings for the first two findings; and findings no. 3-7, compelling information was heard, and the Planning Commission is exercising its judgement on the facts and circumstances of the case. Chair Weremiuk spoke in agreement of the motion of denial because she thinks this is a matter for the City Council. She noted concern with the financing of the project. Vice Chair Roberts stated that on the basis of the motion the Commission cannot make the findings and made a motion of denial. AYES: ERVIN, HIRSCHBEIN, MILLER, MORUZZI, ROBERTS, WEREMIUK ABSTAIN: AYALIAN The Commission took a small recess and meeting reconvened at 7:50 p.m. 3. UNFINISHED BUSINESS: None 4. NEW BUSINESS: 4A. A.O. TORRES CONSTRUCTION, REQUESTING A VARIANCE TO INCREASE THE MAXIMUM LOT COVERAGE FROM 35% TO 42% AND TO DECREASE THE FRONT-YARD SETBACK REQUIREMENT Planning Commission Minutes July 13, 2022 City of Palm Springs 6 FROM 15 FEET TO 5 FEET, THE SIDE-YARD SETBACK FROM 10 FEET TO 6 FEET AND THE REAR YEAR SETBACK FROM FIFTEEN FEET TO TWELVE FEET LOCATED AT 555 NORTH SUNRISE WAY, ONE R-1-C (CASE 6.562 VAR). (AR) Assistant Planning Director Newell noted for the record that this item is listed as 4A on the agenda and verified the city provided notice and the project would be heard as a public hearing item. Associate Planner Rubalcava presented the project as outlined in the staff report. Chair Weremiuk questioned the 25-ft. setback and the potential to widen North Sunrise Way. Associate Engineer Minjares replied that it does not affect the street widening and it would give the City the ability to put in the required sidewalks and ADA clearances on Sunrise Way. PUBLIC COMMENTS: ALEX TORRES, applicant, stated that the lot coverage is showing at 42.8% because they have additional space towards the rear of the lot. COMMISSION COMMENTS: Commissioner Miller spoke in support of the project. Miller, seconded by Hirschbein to approve the Variance subject to conditions of approval with an amendment to include the maximum permissible lot coverage. AYES: AYLAIAN, ERVIN, HIRSCHBEIN, MILLER, MORUZZI, ROBERTS, WEREMIUK 5. DISCUSSION: 5A. o2 ARCHITECTURE REPRESENTING YUIN KIM, OWNER, FOR A PROPOSED MIXED-USE DEVELOPMENT CONSISTING OF A HOTEL, RETAIL AND A 138-UNIT RESIDENTIAL DEVELOPMENT TO BE USED FOR SHORT AND LONG-TERM RENTALS ON A 4.64- ACRE SITE LOCATED AT 2230 NORTH PALM CANYON DRIVE, ZONE C-1 AND R-2, SECTION 3 (CASE 21-004 PRE-APP). (ER) Vice Chair Roberts recused himself from this item due to a property related conflict of interest and would be leaving the meeting. Planning Commission Minutes July 13, 2022 City of Palm Springs 7 Principal Planner Robertson presented the project as outlined in the staff report. Commissioner Miller requested clarification on the definition of hotel versus multi- family apartment based on the length of stay. Chair Weremiuk questioned why a Planned Development District (PDD) is required. Attorney Priest responded explained that once a formal application is received staff would have to analyze it in further details and noted that there might be a number of entitlements that are necessary to get this project in compliance with code. Commissioner Ervin asked what percentage of the property is going to be dedicated to vacation rentals. Staff responded this is a question for the applicant. Commissioner Aylaian asked if the Commission could set a limit for the percentage of units to be used as short-term vacation rentals. LANCE O’DONNELL, applicant, stated that their intent is to get this project entitled as a hotel. Mr. O’Donnell said the project was designed as a hotel with amenities and a subdivision map would separate it into nine parcels. In response to Commissioner Ervin’s questions regarding the community benefits of the project, they are proposing commercial space on Palm Canyon that would operate as public coffee shop that transitions into a bar in the evening; and an open-space courtyard fronting on North Palm Canyon. COMMISSION COMMENTS: Commissioner Ayalian expressed her support for the mixed-use concept especially the residential component. She suggested that a certain percentage of the units be dedicated to residential use rather than short-term rental or hotel use. Ms. Aylaian said she would prefer having real affordable housing units, in that part of town, and agreed with Commissioner Ervin that a bar is not a community benefit. Commissioner Hirschbein said he likes the project and the density. He thinks this is the exact site plan that the city needs. He said he would like to see the project move forward and doesn’t want to stifle the project based on the length of time someone can inhabit one of these units. Commissioner Moruzzi questioned the proposed public benefits when the project is zoned commercial use and how the open space benefits the general public and not the residents. Commissioner Miller expressed concern about the proposed public benefit. He spoke in support of the green open-space and would like to ensure the size is sufficient. Planning Commission Minutes July 13, 2022 City of Palm Springs 8 Chair Weremiuk expressed concern with a hotel being built in the downtown corridor. She does not think the description of the use is appropriate and agrees with staff’s recommendations. She likes the idea of the hotel concept if it is 100% hotel. Chair Weremiuk said she would prefer to see a planned development district that allows for more density and provide rentals. She expressed support of the design elements and noted concern for the proposed community benefits. Commissioner Ervin said he supports housing and commercial use such as a furniture store or bank. The Commission provided comments and no action was taken. PLANNING COMMISSION REPORTS, REQUESTS AND COMMENTS: • Virgin Hotel update. • City Council denial of the Fuego Nightclub project. • Request staff to review the new ordinance regarding percentage of liquor. PLANNING DIRECTOR’S REPORT: • Study Session will be held on July 27th for the Bell Air Greens project. ADJOURNMENT: The Planning Commission adjourned at 9:09 pm to 5:30 pm, Wednesday, July 27, 2022, 3200 East Tahquitz Canyon Way. ________________________ Christopher Hadwin Director of Planning