City of Palm Springs Board / Commission / Committee, 26 Oct 2022

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From YouTube: Planning Commission Meeting | Oct 26 2022

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Regular meeting of the Palm Springs Planning Commission, held October 26th, 2022

A

Good evening and welcome to the October 26 2022 regular meeting of the Palm Springs Planning Commission uh can I have a roll call. Please, commissioner,.

B

Alliance here, commissioner Irvin.

B

Commissioner Irvin you're here, uh commissioner hirschbine, is excused. Commissioner Miller has not arrived, commissioner marozzi here Vice, chair Roberts is this excuse and chairwomack.

A

President we have a quorum, uh can I have a report on the acceptance of the agenda. Please or if we report on the posting of the agenda.

C

At Madam, chair and Planning Commission good evening, our agenda was posted on Thursday October 20th and has been posted in accordance with state law and City policy.

A

Thank you uh can I, have a motion to accept the agenda. Please so.

D

A

Is there a second thank you all in favor, I.

B

A

Okay, uh we at this point we're in public comments. This time has been set aside for members of the public to address the Planning Commission on consent, calendar and other agenda items and items of general interest within the subject matter: jurisdiction of the commission. Please note: the Planning Commission can't take action on an item that isn't listed on the agenda. Each speaker will have three minutes uh testimony for we don't have any public hearings tonight. So if anybody is here to to testify at an item, this is the time you should testify.

A

Oh I'm, sorry, we do have public hearings, so you can. We can take testimony now or during the public hearing. Is there anyone who would like to testify.

A

Seeing none I will close the public hearing, um we don't have a consent calendar tonight. The first public hearing is item 2A, William Eden owner for a conditional use permit to allow a multi-family residential abuse in zone C1. A tentative trap track map a major development permit and a request for an administrative, minor modification for the development named Eden Place Estates, located at West, Via, Oliveira Drive, and it's in a split Zone, C1 and R2. Is there a staff report? Please.

E

Thank you, madam chair, are you able to see the slides yes.

A

We can thank you right.

E

Thank you for reading into the record of the proposed project. Let me just get it done here.

E

So in order to orient the commission and the audience, the project is located on West Via aloe vera, which is almost at the corner of North pump, Canyon Drive and Westview Oliveira the slide, the Argo, that's before you with the red square, shows the size. uh The lot where it's it's proposed.

E

The lot currently is 14 000 some square feet uh in size, and the proposal is to have a conditional use permit to allow multi-family in the C1 Zone alternative track map for three condo units, a major development permit for the construction of the three units, an administrative minor modification for setback, reductions of the front yard due to Street dedication and side yards and we'll explain that in a little bit further detail and then the arc will review the major architectural application, which includes the design of the buildings, a landscape and so forth.

E

So the reason why we have a conditional use permit is that the zoning is split diagonally through the lot and the C1 Zone requires that a cup for multi-family residential and this exhibit shows how the lot is split, and this affects both the setbacks and the building Heights in C1 and R2 zones.

E

This is a illustrative drawing of the proposed project and you'll notice that on the C1 portion of the lot, there's a two-story element to it and then the R2 Zone West on the east side is the one-story proposal. So that is one of the reasons why we have this um design. That is very unique.

E

This is another shot showing how the front of the property would relate to the street uh they're, proposing Bay parking with the use of two carports over six of the parking spaces leaving one uncovered they're, also proposing EV Chargers, which you can see here, are the orange pedestals that will provide four spaces for charging vehicles.

E

um The Planning Commission reviewed a 130 unit apart I'm sorry, Hotel, project adjacent to the property. Several weeks months ago, back in July and the staff asked the applicant to provide a cross-section showing how this development would relate to the development. That's proposed next door. The Planning Commission saw this as a study session. There was no decision made, but, however, you did give comments to the proposed developer. So this that's. What this exhibit shows.

E

The proposed three units is in the red box and it shows the parking areas for the adjacent development and then where the proposed buildings could possibly be built. So in looking at a further exhibit.

E

This shows a cross-section of the street, where my cursor is the proposed building the rear yards of the units and then the distance between the rear wall and the building, and that would include parking for the units and then a 26 foot, Drive aisle and then the building bottom cross section it shows looking North uh and the apartment building, that's proposed or or hotel would be 17 feet away from the proposed free line and the lower one-story building in the R2 Zone.

E

So staff feels that there's adequate spacing between the proposed development and the hell that may come in the future.

E

So looking at the tentative track map, this is for condominium purposes which would divide the law into three units. The unit counts are for unit one two and three and you'll see in the table, which was in your staff report. The proposed sizes, so they're fairly large units with two two stories for units two and units, three uh one of two thousand square feet and one of 1900 square feet.

E

The density that's allowed in the R2 zone is 3.5 units and they're proposingly, so they meet the general plan density requirements and they're actually under under the density.

E

So looking at the required minor modifications for the setbacks, they're asking for a front yard setback of 15 feet to allow for the construction of the covered parking for the condo units and they're, also asking for a side yard setback on the east side to allow eight foot side yard instead of the 10 foot side yard.

E

Now to talk about the street dedication a little bit more. This is an area of photograph and currently the property line extends out into the middle of the street West Via Oliveira they're required to dedicate 25 feet, which would relocate the new property line uh in line with this development. That is, to the east.

E

There's currently curb sidewalk uh driveway at aprons to the developments to the East, and this would continue in this section where this development is and then when the adjacent development comes in, the road would be widened to meet uh and continue um across the street, and in this exhibit it shows the property line via Oliveira 25 foot Street dedication to where the new property line would be, uh and then the carports which would be set back over top of the bay parking and then the building itself would be set back from there.

E

So the amm would allow them to construct the carports within the 15-foot reduced setback, and that is the post here and the below exhibit shows how that would relate to the Bay parking and the building itself.

E

Just to show us a little bit closer when you get um here, you'll see that there's an eight foot setback and this allows for the placement of the condenser units so they're not on the roof.

E

Look at the C2 Zone. It also is eight foot setback, uh but basically this could be reduced to five feet if um they built it to the C2 standards, but they want to have it symmetrical so that it's consistent on both sides.

E

So there also is a major development permit that is required based upon a multi-family residential uh project. The Arc will review the building design, the landscape plan and materials at a future date, and the Planning Commission may want to give direction to The Arc in those types of discussion items and looking at the building materials uh they're using Angelus, Oak and the applicant will be able to describe this better than I will but you'll see, there's a different variety of materials, overhangs Windows, balconies and Terraces. That makes the development interesting.

E

I would like to point out that there is uh um two water features at the entrance and then there's a perforated gate to provide security into the units itself uh and in your packet there is extensive, exhibit showing the elevations on all sides. I didn't include all of them here.

E

I just wanted to show several of them and point out that the the maximum height on the Sea on the west side is 22 feet and then the maximum height on the R2 side is 11 feet once again, there's a carport design, that's simple: a steel post, steel, cantilever, roof lid and then, as I mentioned, the EV Chargers and the applicant will probably describe this better than I can uh and once again, more illustrative drawings that are in your packets.

E

They also Pro are providing a design of the trash enclosure, uh which is which will uh be the same as the gate and you'll see it here. I'm circling it now. The trash enclosure is a perforated metal and it is similar to the entry gate. uh There also is um possible signage. This has not been decided at this time, but it's uh here for the Planning Commission to see where a general location of a um sort of identification sign would be.

E

This is and once again illustrative drawing showing the trash enclosure at the street front and then the parking there's a landscape plan that shows um not too many plants because there's a lot of of Hardscape involved in the project, roof parking and then side walkways, but each of the units would have access to an outdoor area with a school and Patio on the rear of the prop property.

E

So there are required findings that the Planning Commission needs to make staff feels that these findings have all been made for the cup the track map, the major development permit and then the amm to reduce the setback. Side.

E

I've included some floor plans. If the Planning Commission would like to discuss them, I have them available. But that concludes my report uh chair. The the hearing was noticed and staff did not receive any comments from adjacent or budding Property Owners. So that concludes. My report in the applicant is available.

A

Thank you. Are there questions for staff.

A

Commissioner maruti and then commissioner Miller I.

F

Just have a question regarding the conditional use permit and the uh the commercial Zone hasn't the state uh recently enacted a law. That's that commercial properties can now be used for residential without much of is a conditional use. Department still required with the new state law.

E

Well, you know, I was at the California Planning Association conference just last month and it did come up and uh it's something that maybe our attorney can address. But yes, there has been some discussion of that.

B

B

uh Thank you, madam chair members of the commission. uh You know I I have to confess I I can't tell you all these ins and outs of that legislation.

E

Our understanding is that a.

F

Cup would be required for this application, uh because.

E

It isn't just the one zone that the state law uh does not preempt. In this case, uh I can't provide more information. The.

B

Planning Commission at a later date, if you'd like on that legislation.

F

Thank you, I'm just curious just for the future, because I think the state is trying to encourage commercial properties from now to be used for residential whatever they can make easier would be good for all of us.

C

And if I might add uh Madam chair uh to commissioner emergency uh as we look at that and coordinate with with the city attorney, you know we will be undertaking a a an amendment to the zoning code and update once we get through the general plan and so any changes that might be necessary to reflect state law. We would make sure are incorporated into that.

A

Commissioner, Miller.

G

Yeah just a couple brief questions for Glenn the back out parking that we see here is that allowed by right um in in the sauna, because I know we dealt with that at single family level with some recent legislation, because, if that's allowed.

E

Right, Bay parking is commonly used in multi-family situations like this, because the um the unit count is higher than a single family and uh they need to provide guest parking. Also.

G

Okay, then, my head, my head thanks. My other question is regarding the trash enclosure. The gates for the trash enclosure are designed such that they open over the public, sidewalk and I. Don't know how many examples I've seen across the city where, on garbage day, whether it's one day a week or two days a week, those gates are left open, and in this case those Gates would restrict the public using that sidewalk.

G

So I'm wondering if there's something we can do with an alternative design to those Gates that might uh might not hamper travel on the public. Sidewalk. That's going to be built.

E

That's a good point: I mean it is a management issue that they would need to police that and make sure that someone pulls the trash bins in and then pulls them out and closes the gate and the applicant can address.

A

I guess I I have.

H

A question that is inspired by this project in this particular recommendations, not that it's broader than that and that is I've saw one other time when we had a case like this, where the parcel a single parcel was bifurcated, so the part was in one zone and part was in another Zone and other than that. These two instances I haven't really seen that before so my my question is: should we expect to see a lot of these? It's kind of an inelegance zoning lines, go through the middle of parcels and I.

H

Don't know how staff has worked this out. The last time I think there was some really higher order. Mathematical uh permutations required to come up with the density is: do you have this a lot? Are we going to be seeing a lot of these and.

H

um When the zoning ordinance is updated and zoning map is updated, we could reduce the number of parcels where zones change in the middle of a parcel.

E

Well, it's a common occurrence along Palm Canyon that there is the first 200 feet back from the street. Right of way is Zone C1 and the the back portions are zoned multi-family, so one example would be the Tova project next to Rick's Restaurant that had a split zoning, also where the front portion is C1 and the back was R2. So, yes, you'll see uh um projects come to the Planning Commission that have split zoning. It just depends on how the property lines are drawing um I, don't know.

E

If you know, we've talked about cleaning it up in the in a redo of the map, but uh it hasn't been uh contemplated. Yet.

C

Well and if I might add, commissioner land, uh the challenge is, is sort of exactly what Glenn described, that typically the boundaries will follow sort of a uniform setback, so in this case 200 feet from Palm Canyon property lines. Don't necessarily follow that same logic, so I think it is something we could certainly continue through or sorry consider and and look into as we update the zoning code, but it may be challenging to sort of address it in all situations. I think you know this is something that you may see uh going forward.

H

Yes, partials can and do change over time, but not so nearly.

H

Into then run into it a lot. um One of the question is: how is there a standard protocol that staff goes through when you have a a lot like this in order to determine where to apply what standards to apply and whether it's done on a percentage basis or it's strictly, where the line Falls or right.

E

Well, this. This is a good example where um you know we're we're able to use C1 development standards on the west portion and then R2 on the East portion. So um I can't speak for the applicant, but he probably would have liked to have had two stories on the R2 portion, but we had to apply the development standards based upon uh what the zoning says and going through rezoning may not have been the right way to spot Zone this property. But um you know the that feels that the project is is is well developed.

H

Okay, thank you. I was just curious.

A

Other questions I have some on the parking. um My understanding is that six of the parking spaces are covered and one isn't and the logic that the uncover. What is the logic for the uncovered space.

E

um The applicant can describe that um when the project first came in, it was apartments and there was no parking, no covered parking required, and then we moved it to condos, which requires parking, so I think the applicant will have some time to respond right. Chair chairwoman,.

A

E

A

uh In terms of the depth of the parking spaces, it's not 15 feet. uh What is it for the parking space itself.

E

The parking space is 18 feet. um That back is for the post is at 15., so there's as the car pulls in there's a two foot overhang. So the car space is 18 feet long, but the post of the cardboard is at 15.

A

Post, meaning what.

E

Were the structure setback the post and I can go to the slides? If, if.

A

You would I, don't understand the.

E

Terms, sorry I'm not explaining it very well.

B

B

B

E

Right, um you see the slides.

A

E

We go, let me swamp there, we go.

E

So in this example, the new property line is the dark line. Parking space is 18 feet, but the post is at 15 feet, so you can see that the car, the bumper of the car, extends farther underneath the carport. It's the structure where the post is defined as a structure, and that is at 15 feet. So you can see that the car it still extends underneath the carport. So there's a overhang in the rear and overhang in the front.

A

So the I guess the question is: could the car go all the way up to the building line? Is that where the 18 feet are.

E

A site plan here.

E

So there is a wall there's an overhang here that the bumper would overhang and then there's a wall with a planter. As you can see it here,.

A

Right and is the is the bumper necessary I mean what if there.

E

A

Be filters that are longer than 15 feet.

E

This space is 18 feet from the curb to the where the bumper is where the car could overhang. Okay,.

A

Got it then? My second question is: you've got the handicap spot in the um in the area where the residents are, but you may not have a handicapped person assigned to that shouldn't the handicapped spot be on the other side, where the, where there isn't an assigned spot for one of the residences.

E

Right, unfortunately, the the the Ada code says that there has to be a clear path of travel uh in the applicant. We discussed this at length of where this handicapped space would be, and they can describe.

E

Ours is to be here and.

A

They couldn't sign that space to a resident.

E

um Would you assign it you're asking yeah.

A

I mean: can you assign it to a resident if they're, not handicapped, I,.

E

Don't think that would be the intent that I mean a guest could arrive and be handicapped.

A

Right but you've got another space on the other side. That's not covered.

E

This one is not covered.

A

So is that, are you assuming that all of the spaces accept the handicapped? Space are assigned to Residents or how are.

E

You well, the three of them would be assigned because that's the only required and that that's a management question they'll have to answer that. I, don't know how the assignment of the parking spaces would go. There's no City requirement that they be assigned and.

A

This would be a condo association, so there would be ccnr's, but it's too small for a management company, correct.

E

There would be ccnr is correct.

A

I think that we can go. Are there any other questions of staff? Is the applicant here and I would open the oh Commissioner of land I'm.

H

Sorry I forgot a question earlier. um Can you tell me if these units would go to meet any of our unmet numbers for arena and if so, what category they would be in or are they in a category where we've already met our goals.

E

Staff had discussions with the applicant about entering into our multi-family fee waiver program for affordable and low-income housing and they've chosen not to go that route.

H

I believe that doesn't quite answer. My question is: uh is Will these be in a category where we still have numbers we have to produce, or if this is in moderate or above moderate, uh have we already met? Those numbers? Are these needed.

E

To that I'm um of any multi-family residential helps um standards. These are not. These are market rate they're, not.

H

And you are in gathering you're, not certain whether or not we've met our market rate numbers.

E

I cannot tell you at.

A

This point Andrew Jackson, that when we went through the housing element, we had more than enough units still available to be built in some of the unbuilt areas, like casino and Maryland, Serena, Park and others. Where we we had more than enough units for the moderate and high-end housing, and the only areas where we didn't I mean we've. We had already dedicated areas to those.

H

A

Thank you, I think Chris might be able to explain.

C

Yeah, thank you. Madam chair I was struggling to unmute, but that that's exactly correct, so I we have enough, uh through the uh permitting process and in the works to to cover the numbers.

A

On everything but low income right.

C

Yeah sorry on the moderate and high yes.

A

Okay with no other questions, uh the public hearing is open, as the applicant here.

I

Yes, uh my name is Saida Braun and I. Am the project manager and design assistant designer for the project? I'm I can answer your parking questions.

I

uh If you see you on the cover sheet of your package, there is a parking calculation and based on this project, we are required to provide six parking, uh so we're pro and we're providing seven and for Condominiums I think we're just required to provide three cover parking but because the symmetry of the project we have decided to provide six cover, parkings the reason we left, the uh the West Side um parking spot on cover.

I

We, if you look at your grading map or grading plan, we have to provide underground drainage because the limitation of the area we have an hour a lot. So that will be where the manhole is for the drain for the truck to take all the water out. So it will not be a good idea to cover it when a big truck has to go out and access that manifold.

I

um The question about the trash enclosure- I mean I, don't know if the city or the waste management company has a standard for the gates, but it's up to uh the designer or the owner to see if we can provide other options.

A

And do you have anything else that you would like to add about the project.

I

Jeffrey, would you like to add something else to the project.

D

uh No I don't think I'm the I'm Jeff jareski, the architectural designer of the project. Zaida and I are partnering up on this, and thank you Glenn for your presentation.

D

um uh No I think the the exhibits are pretty self-explanatory and I think this particular area in Northern, Palm Springs, is kind of craving a a very interesting, more creative architectural statement when it comes to some of the residential stock. That's up there. So we're kind of excited.

A

Are there um is, are there any members of the public who wish to speak.

A

Seeing none uh what's before us right now is questions of the applicant. Do people have questions of the applicant.

A

uh Commissioner, layan.

H

Thank you I noticed that your choice of Hardscape colors um in the tactic that was produced for us you're, using a very dark kind of charcoal gray, on a lot of your Hardscape, which seems because there's not much Landscaping their scenes, and so it would be a uh really create a uh heat island for you and I'm wondering if you think you could come up with a lighter color. That would have greater reflectivity and would not heat up the area as much. And if that would work with your design.

D

uh We selected the darker tones uh number one to be a little different and number two, because the owner liked the color palette of the black white and orange uh Direction um being the the buildings are as close as they are. I felt that the amount of exposure to overhead sun and that sort of thing was fairly minimal. So I wasn't too concerned about it and then with this in the back since it's South Exposure, that would be only during the winter months and that would seem to be a little more palatable back there.

D

I understand your concern and I would normally I would agree with you um and we can change if you feel strongly about it. But I thought just the Aesthetics warranted. Okay.

H

Okay um is I notice that you've specifically called out uh washingtonio robustus for your palms and they start at do a hike that would just be beautiful with the uh development when it's built, but within a couple years they would be out of scale I'm wondering if you would be open to a suggestion of the California.

H

Instead, the Washingtonian of Olympus.

D

We would be okay with that sure. Okay, thank.

A

You any other questions for the applicant, seeing none I have one and it's regarding your ccnr's. Have you thought in regards to this development of how you're going to frame your ccnr's in in terms of of what kind of rentals are allowed.

D

We haven't addressed that at all. Frankly, at this point in time, it's been all architecture at this point in time.

A

um One of the one of the reasons to ask you that is it's pretty much set at the time you said the ccnrs as to whether or not you will allow short-term, short-term rentals or you require uh one month three months one year, and you might want to think that, through in terms of who's going to be purchasing the property sure.

D

Well, when the owner uh gets to start to formulate those ccnr's I'm sure that is going to be a concern. So thank you for bringing that point forward.

A

uh I think are there any other questions of the applicant, seeing none we, the public hearing, is closed. Thank you. uh This matter is before us. I've heard a couple of items uh generally I'm I'm. Guessing there is General approval on this project. Does anybody want to speak generally about it or shall we speak specifically.

A

uh Seeing no commissioner maruti.

F

Well, generally, I I think it's a really good project and I, like its design and I. Think it'll, look great in that part of town uh you'll be curious to see if any of those apartments that we saw in the study session ever get built around it. But if it's an island for a while it'll be a very attractive one, so um yeah I mean I I. The question that commissioner Lane brought up about the colors.

F

You know I I kind of really like these colors. uh Should we just leave that to the Architectural Review commission, for them to investigate more thoroughly I, wouldn't feel comfortable making the directive now that the colors are too too dark.

F

That's my comment.

A

Is there anybody else who wants to speak because I I would share some of her concerns about it, about creating a heat sink and ask the Architectural Review Committee to look at that item? um The other item that I wanted to speak to is the is the um trash Gates I think this is a three unit condominium.

A

uh It's going to be hard to have management the people there are the people who are going to be pulling in and out the trash sales and I. Don't think it should be quite that close um I think there has to be space in front of us.

A

So um yes, commissioner, Miller.

G

Yeah to that to that uh comment um there could be an alternative design for the gate where it was essentially a small roll-up gate. If they designed this, the vertical supports for a roll-up. They could actually make that work and there would not be any intrusion onto the public sidewalk in that case. So that may be something that the commission wants to throw in as a condition for at least them to explore that or, alternatively, to move it back, such that the gates don't open over the sidewalk.

A

With the items that have been discussed, we have a motion, excuse.

H

Me I have uh one more issue that I'm going to take. You know what the other Commissioners thought a bit concerned about finding number about making a finding number two on the cup, and that is uh would be required to find that the project is in harmony with various elements and objectives of the general plan. uh In particular, it talks about uh or the finding it talks about how the design is sympathetic with the desert surroundings and I find that a little bit at all bugs would be to walk in the front which.

H

Probably in reality, they don't use a whole lot of water, but they certainly make a statement that is not consistent with being in a desert. I'm just wondering what other Commissioners might have thought about, that I think they're very attractive, but.

A

It's like I, don't know if anybody else is experiencing your audio going in and out so I've had a hard time. Listening to your whole comments,.

H

I can try again I think somebody might not be new to so if anybody is not muted and they're, not speaking. That would help. My my concern chair was that the uh two water features in the front of the project are at odds with declining that the design is sympathetic would be desert. Surroundings I'd find that a little bit inconsistent, despite the fact that in all likelihood, the water is recirculated I'm, not sure, but there's not a great water use.

H

However, I do find it relatively incompatible with the desert surroundings and I wondered what others thought.

F

I'd like to hear what the applicant has to say about that.

F

They're thinking, oh.

D

Thank you, Pete. um The water features are there um as aesthetic elements there to just add some romance and some audible uh entry experience for you as well. It's a concrete block. It's sealed water wolves, just gently step down that area is recycled. uh Recirculating excuse me, so there is no.

D

um You know exorbitant water use or anything like that. um I'm, not necessarily following your your logic when it comes to the compatibility of the desert, necessarily there's plenty of water uh like chocolates Falls, and things like that. So there's a water presence in our desert for sure. So it's just a romantic type of thing rather than to have a an unexplored architectural Corner. As you enter the unit, I thought it was a pretty easy, relatively inexpensive way to create some drama.

H

Far be it for me to want to kill the romance I I will just say that, typically in the desert, uh water is not is not found for decorative purposes in a desert where it is, it is used to sustain life, but I I get yeah your objective. Thank you.

A

I actually have concerns, because we as we pretty when we have drought, we closed down our public fountains and it's something I'm always sad to see happen, but it does happen and we're entering into what is probably a more serious drought at this point in time, along with the rest of the West.

A

So let me try and see if I can craft something a motion to approve um asking the architectural advisory committee to look at the refresh enclosures and have and reconceive them in a way that the trash bins will never be put in the public sideways.

A

um The second was that the applicant has agreed they would use California fan Palms instead of the Washington robustus.

A

um The third is.

A

To and I don't know how people feel about the fountains um ask, for they could look at a different design element other than front entry.

A

Commissioner Miller.

G

Yeah regarding the fountains I think they're small enough I think they would be a great design feature we're having small Spa pools with each of these. Every single family home that gets built now has a has a pool.

G

I, don't think we need to harp on it's too small, 30 or 40 gallon water features that are recirculating water and so I have no problem with with the fountains myself.

A

And it seems like commissioner maruti.

F

And I agree with commission Miller.

A

Commissioner Irvin, do you have real benefits.

E

B

Either way um it doesn't seem like it's that much of a difference and it you know it kind of, would be just um it kind of uh raking over the plan. I mean I'm fine with it. However, you guys decide I'm fine with it.

A

I I'm not going to hold on to The Fountains, they are small. So uh looking the major issue, I think we've seen were the trees and the um the trash enclosures and and but the trash enclosures to to not accept them the way they are but have them rework so that bins never will be on the public sidewalk.

A

Is that acceptable to people here? Does anybody want to make that motion or second it.

H

A

Is there a second.

G

I'll second, it.

A

Can you call the roll please.

B

Yes, commissioner land, yes, commissioner Miller, yes, commissioner Irvin, yes, commissioner maruzzi, yes, very Womack, yes, motion carries good.

A

Luck to you on this, we hope to see it built soon.

D

Thank you, planning, Commissioners, very much appreciated.

A

Moving right along to the next item on our very long agenda tonight, um item 2B is the city of Palm Springs request for amendments to the Palm Springs zoning code, chapter 92.00 related to zoning regulations for child care uses staff report. Please.

C

When you see the screen- and we are too far ahead.

A

You uh you're still split. You might want to have only one slide, showing.

C

A

C

Great um good evening, Commissioners, uh this next item proposes amendments to the zoning code that would eliminate barriers to the creation of child care and daycare uses by reducing or eliminating the requirements for planning approvals for those uses depending on their location.

C

This item stems out of city council direction for staff to look at the regulations. That's currently written and evaluate methods for reducing barriers to the establishment of child care businesses throughout the city. As part of that evaluation, we did consider two different options for removing those barriers. The first was to consider waiving application fees for these users, which can be upwards of ten thousand dollars in some cases, and the other was to reduce or eliminate the entitlement process itself and I'm going to speak about these in more detail in just a second.

C

So before we get into those details. uh I first just want to remind us all of how the zoning code defines and regulates these uses today. So we have essentially three categories of child care uses that are shown here.

C

We first have the daycare uses, which are defined as small and large, so a small daycare is one that provides service for eight or fewer children within a residence. So this is sort of a private daycare operation in somebody's home, and the second is a large daycare which is above the eight uh child threshold of 9 to 14 children again in a private residence, and the these definitions mirror the state, Regulation and Licensing process, which also defines small and large daycare operations and have specific requirements for each.

C

um You know, including how many infants, for example, you can have in in an operation like this and there's different licensing requirements. The third category in the code is the child care center, and so there are no limit on the number of children in that category, a other than the capacity that is determined by the state and typically that capacity is determined by you know a host of things, but primarily about uh the number of staff that are on site.

C

So you can only have so many children per staff, for example, and those uses are typically more Standalone um and you know they're they're across a variety of zones, but they're we're not talking the sort of daycare uses that are in a private residence there.

C

um Today. Dare care uses are only permitted uh in residential zones by right or in some limited instances by land use permit that is processed by the Department Child Care Centers, on the other hand, are permitted by conditional use permit in residential zones or by land use permit in commercial zones.

C

So, going back to the two options that we considered as part of our evaluation on the first being the application fee waiver, we felt that offering a waiver of associated application fees presented challenges with the implementation of feasibility, as it would require annual funding from the city's general fund to cover staff time associated with the ongoing review of these applications, and that funding has not been allocated through the budget process.

C

It also did not address certain barriers to child care uses, including the time required to obtain the approvals from the Department or the commission, depending what action they were seeking. Of course. On the other hand, a benefit is that it does still provide department or convict um I'm, sorry, Planning, Commission, review of these applications. However, we felt that that benefit did not outweigh the drawbacks and it did not fully respond to the direction provided by the city council, which was to look at time and cost uh barriers to the to these uses.

C

It's also worth noting that all of these facilities, as I've kind of mentioned, are subject to review and Licensing by the state, which includes a site inspection both before opening when you're planning one of these facilities, as well as ongoing periodic inspections, while they are operating as well as a rigorous background check and training to ensure compliance with state requirements.

C

So in light of that, we are instead recommending the second option, which is uh you know, essentially to kick each of the required approvals down one level and I'll get into that in a bit a bit more in one second, um but essentially where a conditional use permit is required. Today, a land use permit would be required as a result of the amendment where a land use permit is required today it would become permitted by right.

C

This has the double effect of reducing both fees and time required to establish a child care use, eliminating eliminating barriers to their establishment.

C

So here is where we've kind of summarized what that looks like so for the residential zones. You can see a child care center today it requires a conditional use permit. We are suggesting that it would go down to a land use permit level, a couple of things to note here.

C

First in the mobile home park, residential Zone at the far right of this column, today, it's only permitted as a buy right there if it's ancillary to sort of a clubhouse or common sort of recreational center that exists in the mobile home park for the use of those residents. So we're not changing that. That would remain the same today, so you can't have a child care center operating in that zone. That is, is operating more broadly for for children that live outside of that development.

C

The other thing to note here is that in the R1 Zone and the RGA Zone, you can only have those uses if you are on a major or secondary thoroughfare, we're not changing that. All we're doing is changing the conditional use permit requirement down to a land use permit. That would be process at the staff level, but that requirement that you be on a Prime on a major or secondary thoroughfare would remain in terms of day cares. Small day cares are largely permitted by right.

C

In the residential zones anyway, so there's no change there, and just two small changes to large day cares.

C

um It's actually just one change, there's an error under the RGA, but under the R1 Zone uh today it requires a land use permit and it would, as a result of this amendment, become permitted by right, um getting into commercial and Industrial designations or non-residential designations um daycare they're not permitted in those designations again because they primarily operate in private homes and Residences, but Child Care Centers today and all of the zones listed here do require a land use permit that is processed by staff.

C

We are proposing, as part of this amendment, that they would be become permitted by right.

C

Again, changes respond to the city 's request that we eliminate barriers that today May limit or prevent the establishment of these uses, and should the commission uh recommend approval, this ordinance will be forwarded to the city council for their consideration, and that does conclude my presentation, I'm happy to take any questions. Thank you.

A

Thank you. If you take the slides down, that would be great questions for uh for staff.

A

Commissioner, Irvin.

B

Yeah just a quick question um with the Lup and the cfp: what is the difference in pricing? I know I've seen it on there. I just can't remember.

C

Yeah, so actually I'm gonna just put the screen back up for one second, because I did include a slide on this.

C

um Can you see that again.

B

Yeah we can see it.

C

Okay, so right here, so um a land use permit is typically just around sixteen hundred dollars, whereas a conditional use permit is just about seven thousand dollars, there's also a pre-application fee that we charge for people to come in and sort of begin the process with us. Typically, we don't require that free application fee, which is just over fifteen hundred dollars for a land use permit, but it is required for the conditional use permit and the conditional use uh permit also requires public notification and those fees vary sort of depending on how we process it.

C

So that's why the conditional use permit is really the one that gets you up to that. Ten thousand dollar uh level, whereas the land use permit, is, is about sixteen hundred you're, not really subject to the other fees. On this slide.

B

So so the cup is kind of really what we're helping the applicants out.

C

Yeah I would overwhelmingly that that's the one, that's the biggest cost in time burden. Yet.

B

Okay and then, and then time wise, how much of a difference is it and beginning I mean the process.

C

Yeah, it's really dependent I, would say Obviously a land use permit can be processed much uh much faster because it doesn't require coming to the commission. It doesn't require the noticing or the hearing.

C

um So you know those those are probably looking at a few weeks to to a couple of months, whereas the conditional use permit is certainly a couple of month-long process. Okay,.

B

C

Mad I'm sure you're, muted.

A

Thank you for answering the questions asking and answering the questions on the money. So for all of the small and large day cares. They will not have a charge, they won't.

B

A

So we're we're reducing that and for a daycare center we're reducing their cost from ten thousand dollars to around eight or two or around 1600 or 8 400 reduction. That's.

C

A

Savings of time uh one question I had, which is on the R1 zones, where it needs to be in a uh on a major thoroughfare and are the RGA zones.

A

You would permit it in an R1 Zone if, if say was on Vista Chino, that's correct, yeah, uh but the large and date large and small day cares would always be permitted in those sense.

H

A

Right um I think it's great um and it's really something I think we should push forward. Are there any other comments from the commission? Commissioner Miller.

G

Yeah quick question for director headwind: does the city have any regulations for child care regarding play, area requirements, outdoor play area and or hours of operation, I'm just curious? So do we just defer to the state allowances for those items as.

C

I understand it, we do just defer to the state regulations which speak to that and I'm sorry that I don't know the details around that there is. You know if you were coming in for a new building that is proposing a Child Care Center or you know, even if you're retrofitting, in an existing building, you would still be subject to the permitting process through the Buildings Department, so there may still be electrical permits, for example, there's other safety elements.

C

um You know, obviously to ensure the children aren't running out into the traffic or, if there's a pool associated in some of these buildings, you know making sure that the pool isn't closed. So all of those regular sort of safety and building elements would still exist through the building code and be permitted through the building department. We just wouldn't necessarily be, as involved in the entitlement process.

C

C

Madam, chair you're, mated.

A

I'm just trying to be courteous to make sure other people could be heard. uh Sorry about that. um Seeing no other questions I would take a motion for approval.

H

I'd be happy to remove approval. I think this is uh beneficial to the community.

A

We have a motion and a second can you call the roll please.

B

Commissioner, yes, commissioner, Irvin.

B

Commissioner Miller, yes.

G

B

G

B

And here warm up.

C

Madam sure you're, muted.

A

Okay, I'm not going to do that anymore. uh Okay, moving right along to planning, commission reports, requests and comments actually.

C

Sorry, madam chair, you were muted during your vote, so if you could just state it for the record.

A

C

I assume motion.

B

A

Okay, planning, commission reports, requests and comments.

A

Seeing none, oh commissioner, maruti.

F

Just a question: has there been any um follow-up or what has happened with the dream project and the concerns that were raised and how it I I certainly went before Council or what's up.

C

Sorry, madam chair should I answer the question um it is going. It is tentatively scheduled to go before the city council on November 28th, of course, subject to their scheduling. I know they have some busy agendas. The the applicant was actually um asked for more time to work through some of the comments from the commission meeting um and some of the direction received at that meeting and to work with their architect to make sure that they had appropriate exhibits um because I know that that was a big part of the conversation.

C

So uh we're anticipating end of November uh to go before the the city council.

F

Okay, thank you very much.

A

Planning directors report.

C

uh Not much I did want to touch on. There was an article in the LA Times that a number of you, or that I know drew a lot of interest in the community and that some of us had conversations on about.

C

um You know a number of jurisdictions throughout the state who are no longer in compliance with the requirement to update the housing element and what that means for cities like Santa Monica, where there is just a very tremendous development proposal of something around 4 000 units working through the system, and there is something called Builders relief I believe it's called state law, which does say that, where a jurisdiction is out of compliance with housing element requirement, um you know essentially, developers can come in and propose to build as long as there's a certain percentage of affordable affordability as part of those developments.

C

I did just want to touch on the fact that, while Palm Springs was included in that list in the LA Times article and well technically, I believe we just kind of crossed into non-compliance in terms of our timing from our prior update, we are very much work talking with hcd.

C

Obviously, to update the housing element and the rest of the limited General Plan update, we anticipate having that completed in the spring, and we are actively working with hcd to resolve that we're not aware of anyone pursuing development through that state legislation, and you know our sense is that the economics are a little bit different here, and certainly the politics are a little bit different here um that you know I think it would be challenging for someone to try and do that here, but I just want to touch on it with you all, since it was in the media to say that we are aware of the article and um at this point we're not aware of anyone pursuing those channels, but we believe the gap between being in non-compliance and getting our housing, updated, housing element updated will be very narrow.

A

Question for you on that when I talked with um Flynn, he indicated that you're in active discussions on one point and that you're very close has hcd indicated that you would not be subject to um that. Builder's remedy.

C

They have not. They have not said that um uh expressly um I. Think that we're hoping to have that one point resolved very quickly.

C

um We are just awaiting additional information from them that will allow us to sort of finalize certain elements of the land use plan to make sure that we are in compliance uh with with state law, and we are just waiting for information from them actually, in order to be able to finalize.

F

Quite honestly, I'm completely shocked that Santa Monica is the one that uses the poster job for this. If any Community is, you know, involved and politically, this kind of thing wouldn't be appropriate. It's Santa Monica, and yet here they are Kathy. You were involved with them for a long time. I don't understand how.

A

They got this situated historically out of compliance on their housing element.

A

um That is nothing new. They had large battles with hcd before kostra Hawkins, which limited rent allowed people to go out of rent control was approved. It um I it's a jurisdiction that charitably sometimes does not believe it's subject to the same rules.

A

Everybody else is um so I wasn't shocked at all that it had happened to them and it has such a desirable housing market and people would every everybody on the West Side wanted to live there, and so there's any units they put up with sell or rent, and so it's um I can see developers having wanted to get in there for years and seeing this as an opening.

F

They've gotten their comeuppance that Santa Monica.

B

A

They were probably one of the best cities in terms of developing affordable housing that a huge percentage of their stock. The real the real difficulty is that the land is entirely built out, so that figuring out how to meet Greener numbers is pro was probably incredibly challenging.

A

um Can you tell us about the items that went through city council that people here have worked on.

C

Oh yes, um so we, um the sb9 um amendments that you all uh recommended approval on a couple of weeks ago, were presented to the city council and and accepted so um that is I believe uh on for second reading and adoption tomorrow. Night um and Casa Verona was also heard at the recent council meeting.

C

There were some some interesting conversations in making sure in the R1 e Zone that we don't end up with sort of a wall of garages, um and you know visually and aesthetically that it's not just kind of all garages because of the narrow lots and so I think we were able to talk through that with the city council in terms of some of the other accommodations that that zone uh did make in terms of allowing the the garage to be set back further from the principal residence and and different design elements that the arc will certainly consider.

C

But it was also looked at and decided on favorably by the city council.

A

A

Seeing none I'm going to adjourn the Planning Commission until 5 30, Wednesday, November 9th, have a nice couple of weeks and see. Well then,.