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January 13, 2019

Desert Hot Springs Planning Commission - January 8, 2019

Selection of Chair and Vice-Chair

Larry Buchanan and Scott De La Torre nominated themselves to serve another year in their respective positions, Chair and Vice-Chair. Approved 4-0.


Development Permit For Five Contemporary Mediterranean Homes In Rolling Hills Estates

Recent history of proposed development by Elyon Development on these five lots:

  • At the November 2018 meeting of the Planning Commission Elyon Development presented their proposal for five mid-century modern homes for these lots. The city planning staff had given erroneous information to Elyon Development earlier, telling them that since there were only five homes, they wouldn't have to bring their proposal before the Planning Commission at all. Later, they were told that they DID have to go before the Planning Commission because it was more than four homes. At the Planning Commission meeting there was strong opposition from the current owners and residents of the incomplete Rolling Hills Estates and for that reason the Planning Commission rejected the proposal.
  • Elyon Development appealed to the City Council and their appeal was heard at the December 12, 2018, City Council meeting. At this hearing the error by city staff was given a different explanation. Now the city said the proposed development of five lots had to come before the Planning Commission because contemporary Mediterranean home designs were included in the original approvals of the tract in 2006 and these proposed mid-century homes conflicted with that. Again there was opposition from the neighbors, but now some of them admitted they opposed the Elyon proposal because the developer had not made much of an effort to contact those neighbors in advance to tell them of his plans. They said they didn't really object to the designs. Others, however, continued to insist that smaller, mid-century modern homes would pull down the value of their contemporary Mediterraneans. The developer provided testimony that his homes would be of a higher quality than the existing homes and that new homes identical to his design were selling for higher prices in Palm Springs. My gut sense is that real estate developers have a better knowledge of the market than others who are not real estate developers, but we're not going to test that here because the City Council voted to uphold the decision of the Planning Commission. They did, however, acknowledge that the error by city staff (the unnamed person they blamed was new and no longer works for the city) had cost the developer unnecessary fees and time, so they directed the City Manager to try to set that right by offsetting Elyon Development's expenses on their other projects in the city.
  • Meanwhile, at the December 11, 2018, Planning Commission, Watermarke Homes presented a proposal to build contemporary Mediterranean homes on 16 other empty lots in Rolling Hills Estates. The approval for that sailed through the Planning Commission slicker than snot.
  • Which brings us to tonight, January 8, where Elyon Development presented its proposal for five contemporary Mediterranean homes on its lots.

No one from the public had any comments on this proposal. With no discussion, the motion was made to approve. The vote to approve was 4-0.


One-Year Extension For DHS Therapeutics

This is a marijuana cultivation site proposal that would be located on Cabot Road about a block south of Two Bunch Palms. The City Council approved four CUPs for the site in February 2017.

One member of the public commented. He began by asking the Commission if any of them smoked marijuana or if any of their kids or wives [sic] smoked marijuana. Chair Buchanan interrupted him to try to explain how public comments work, but the man interrupted Chair Buchanan and said he was asking the questions. Mr. Buchanan continued to explain that none of the Commissioners could respond directly to his questions to which the man responded "Okay, I'm sure none of you smoke marijuana. Not your kids, not grandkids." He wanted to know why they would let it be grown here. Was it intended for some other "junky town," he suggested.

Mr. Buchanan explained the rules of public comments again.

The extension was approved 4-0.


Amendment To CUP For Blue Mango

This concerns a 1.15-acre parcel at 65265 San Jacinto Lane. Previously approved for marijuana cultivation, the developer wants to add manufacturing, extraction, packaging and distribution to its permitted uses.

Approved 4-0.


Vintage Trailer Resort At Aqua Soleil

Aqua Soleil is proposing to replace that rather sad RV facility on its property with a new, upscale vintage trailer resort to be called Air Heart Vintage Trailer Resort. If you've been wondering what it's like to spend a weekend in an Airstream, here's your chance. They propose to ultimately have 32 trailers there. These will function and be taxed the same as hotel rooms. At the same time, incidentally, this provides an opportunity to lock in Aqua Soleil's share of the expense of a future traffic light at Park Lane and Palm Drive.

Diane Powell, Vice President of the homeowners' association at Skys Haven, which is located across Palm Drive from the Aqua Soleil. She was concerned that the traffic created by visitors hauling trailers in and out of this development would be excessive.

It was explained to her by staff that the vintage trailers would be permanently located there, and not creating any traffic issues. In fact, there will be slightly less traffic, since the existing RV park does have trailers coming and going.

Approved 4-0.


CUP For A Health Center In The Vons Shopping Center

The location is 14238 Palm Drive in the Vons shopping center. I believe it's the storefront that used to house Liberty Tax Service. Have you noticed the lack of the Statue of Liberty promotion on Palm Drive there this year?

The applicant calls its business People's Community Clinic and they will provide "FDA approved contraceptive methods and supplies, family planning counseling and education, sexually transmitted infection testing and treatment, HIV screening, cervical cancer screening, male and female permanent contraception, and limited infertility services." City staff said that they had received one email comment asking if the clinic would provide abortion services. Staff said that the applicant had not said if they would or not. People's Clinic's website suggests they offer complete health services, not just what was listed in the city staff report.

The applicant said they had offices in Hemet, Los Angeles and West Covina. They are a non-profit. He said they would not perform abortions. Hours will be 8:30 AM to 4:30 PM.

Approved 3-0-1. Vice Chair De La Torre abstained, but did not say why.


Amending Housing Ordinances To Conform To State Legislation

Subjects addressed in these amendments include:

  • Identifying a zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit ("by-right zone").
  • Transitional and supportive housing to be considered a residential use subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.
  • Defines "family" as "a group of individuals living together in a dwelling unit as a single housekeeping unit under a common housekeeping management plan based on an internally structured relationship providing organization and stability."
  • To permit "Accessory Dwelling Units" in all residential zones. An ADU must have permanent provisions for living, sleeping, eating, cooking, and sanitation. If there's no kitchen, then it's a "Guest House." ADUs within existing structures must be allowed in all single-family residential zones. If an ADU requires an addition or new structure, then development standards (such as parking, height, lot coverage, lot size and maximum unit size) may be applied.
  • "When a developer agrees to construct the requisite percentage of affordable housing units or child care facilities, the city must grant a density bonus [and] other specified incentive or concessions to the developer." Incentives or concessions are (1) reduction in site development standards or modification of zoning code or architectural design requirements, such as a reduction in setback or minimum square footage requirements; or (2) approval of mixed use zoning; or (3) other regulatory incentives or concessions which actually result in identifiable and actual cost reductions.
  • The city cannot block manufactured homes (that meet the building code) from being erected on residential lots [imagine how that would go over in Rolling Hills Estates].

Attorney Mizrahi explained that this will all come back before the Planning Commission again in 6 to 8 months as part of the General Plan update.

Chair Buchanan moved for approval. Vice Chair De La Torre seconded "provided that we add the additional parking space" by which he meant, I believe, that the city could still require an additional off-street paved parking space when an ADU is constructed...subject to state law. Approved 4-0.

These revisions now go to the City Council for their final approval.

Filed under California,Coachella Valley,Desert Hot Springs,Marijuana | permalink | January 13, 2019 at 09:24 PM

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