Planning Commission - Regular Meeting

. Here. Welcome. Can I have a report on the posting of the agenda? Yes, Madam Chair, the agenda was available for public access at the City Hall exterior bulletin board and online by 9:00 pm on Thursday, December 4th. In accordance with our policies and procedures.

In terms of the agenda, the next item is the acceptance of the agenda, and my understanding is that we will be extending item four A to a date certain, which would be January. 13th. January 13th. That's correct. The applicant, we found some information in the application package that we just want to clarify before we bring it forward to you. So we will bring it back on January 13th.

Thank you. So can I have a motion to accept the agenda as modified? All in favor. I the next item is public comment. 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 within the general subject matter jurisdiction of this Commission. Please note we can't take action on an item that has not been agendized. Testimony for public hearings can be offered at this time or at the time of the hearing. And item two A is a public hearing item. Can we select to just have that at? Shall we do both?

Typically, those comments would happen at the time of the public hearing following the staff report. So I think what I would do is open the public hearing. If people have testimony on an item other than two A, which is the pickleball court, please bring it forward. Otherwise we'll hear your comments on that item after staff report. Are there any members of the public who would like to speak?

We have several people in the audience who are signed up for item two A, which is the pickleball. We have many members online. Again, if you are here to speak on an item that is not item two A, which is the pickleball court, please raise your hand and I will allow you to speak. Otherwise, we will take your comment at the time that that item is heard. No speakers at this time, Madam Chair.

With that we will close the public hearing. The next item in front of us is the consent calendar. It's the approval of the minutes of November 18th, 2025. Can I have a motion or comments? Yes. Commissioner Murphy.

I have a comment on three a the landscaping to be added around the two retention basins. We talked about that. The advice we're giving to the Arc is to reevaluate the wall and fence material surrounding the basin. And I'd like to ask staff to add the reason for that, which was security. It wasn't so much the esthetics as making sure that that the basins didn't create a security risk by having a solid wall all the way around it.

We're happy to make that change if you want to include it in the motion. Will the maker of the motion accept that change? And the seconder. Made the motion? Did anybody make the motion? Can we. Move the minutes? I'll move the minutes as revised. Second okay. Any other comments seeing none. Can you call the roll please. Commissioner Miller? Yes. Vice chair. Lane. Yes. Chair. Wernick. Yes. Commissioner. Baker. Yes. Commissioner. Murphy. Yes. Commissioner. Morrell. Yes.

Thank you. That passes. The next item before us is item two A? It's a request by PPE USA, LLC, owner, for an approval of a major development permit and a conditional use permit and a minor modification application for a 16 court commercial pickleball complex located at the southeast corner of Avenida. Evil of Lita and the and Airport Center Drive em one general plan neighborhood community commercial airport. Land use compatible compatibility zones C and E. Can we have a staff report, please?

Yes. Thank you very much, Madam Chair. As you noted, this is a project that is comprised of a development permit for a review of the site plan, a conditional use permit, seeking adjustments in the standards for court lighting, major architectural, which will be heard by the Architectural Review Committee and a minor administrative modification that will be processed by the director upon approval of the project, if that's the direction that it goes. So what you see before you is the actual aerial view of the project. It's a 16 court pickleball court with the frontage, as you look at this particular picture is towards the bottom of that image. There's 55 off street parking spaces, which is a combination of a parking lot and bay parking that takes access off the Airport center Drive. So the project was considered by the Planning Commission at its meeting of June 10th, 2025. At that time, the PC considered excuse me, continued the application seeking additional information on the noise study. The noise study has been provided and in the additional noise mitigation has been incorporated in the design. That Noise study is in your packet today. The applicant has submitted also a Conditional Use Permit pursuant to the Sports Court Ordinance seeking approval to reduce the 60 foot setback for court lighting from the property line to ten feet to achieve sufficient 50 to 75 foot candle lighting levels in the competitive courts on the west side of the complex, lighting cut off at the property line conforms with this setback. With this reduced setback. So this is a image of the location of the parcel. In the middle image you see there is Ramon Road. There's warehouses to the north and vacant land around it. As you look at this image, as you notice to the left, the project

site is just south of the Palm Springs International Airport, and the other pictures you see here are some of the existing development in the vicinity of the project. So the general plan zoning and conformance. This project is under the Neighborhood Community Commercial General Plan Land Use designation and it conforms in that regard. The zone is M1 service in manufacturing and as the zoning code notes, C-1 uses are also permitted in M1, and the commercial. Recreational uses therefore are permitted by right and the project does conform. The project also conforms to all development standards, which, with the approval of the director's approval of the administrative minor, modification for 10% reduction in the quantity of off street parking. This has also been reviewed by the Palm Springs Airport Land Use Compatibility Commission, and there the project is located partially in Hazard Zones C and E, and it has been deemed consistent with the airport Master plan by the director, so the proposed commercial recreation project is open to the public. The project scope includes, as I mentioned, 16 lighted pickleball courts, 13 at composition competition size, three at recreational size with night lighting. There's a roughly 1200 square foot building which contains the reservation desk, some grab and go concessions, toilets, offices, storage and the shaded second level viewing deck, and some covered outdoor seating. The on site parking for 55 vehicles is with with is located in a code compliant manner with shade EV charging stations, perimeter screening, decorative paving at the parking lot along Airport Center Drive, there's a ten foot high perimeter fence required for play. Play courts pursuant to the Sports Courts Ordinance. It's a combination

of a four foot high block wall with a six foot high decorative metal picket fence on top. Among the amenities for the project is, as I mentioned, are the lockers, the ticketing kiosks, bike racks, drinking fountains and toilets. These are some views of the proposed pickleball complex. Top one there, as you see, is from Ramon Road. The project has proposed extensive amounts of shade tree both along the public sidewalk as well as the perimeter of the project and in the parking lot. These are some images within the project complex. The upper left there is the entrance into the project. They have a small raised pavilion that identifies the entrance and that directs them over to where the ticketing and the concessions booth is, which you see in the upper right. The lower left is a view looking from the southwest toward the concessions building. There you can also see how the roof is raised above to create a shaded viewing deck at the second floor, and the lower right corner shows how the fencing is arranged within the complex, separating the courts from one another. This is their operating plan. It's a private recreational club owner operated open to the public, with paid memberships. Day and weekend passes for visitors will be available. They're proposing hours of operation from 6 a.m. to 11 p.m. seven days a week. Staffing is anticipated to be 3 to 4 staffers on site per shift, and an estimated 15 full time employees. The on site, prepackaged grab and go refreshments, sandwiches and snacks, etc. will be within the concessions building, and the applicant is has identified that they may apply to the ABC. The Alcohol and Beverage Control Board, possibly for an alcohol license for on site consumption by members only. As a private club. However, that is not part of tonight's

approval. If they wish to do that, that will be handled separately at a staff level. So this is the site plan identifies the way that the parking is arranged. You see the courts laid out there as well as the trees. I want to just run down this briefly with you. As we noted, per the zoning parking ordinance, bay parking is required to have decorative paving, which this one will have. The project has a six foot high masonry perimeter wall. There's a four foot high masonry screen wall around the parking lot, which conforms to the parking ordinance. There's an eight foot high block wall at the west side of the courts. That is part of the noise mitigation measures that were recommended by the acoustical consultant. All other court fencing is ten feet, which is a combination of four foot high masonry wall with a six foot high decorative metal picket. As I mentioned earlier, along the south elevation of the project, that fence on top will be covered completely with noise attenuation blankets between the courts. As you saw in the earlier image, there's a 42 inch high modular fencing that separates the courts, that keeps the balls within the court that is being played upon. And then, as I noted, the night lighting does conform to the city's outdoor lighting ordinance, and it is in conformance with the Airport Land Use Compatibility Commission. This is the landscape plan, and again, a generous amount of shade trees have been proposed both in the parking lot and at the perimeter, and including along the public pedestrian walkway on Ramon Road. There is also a combination of shrubs and ground covers that are conditioned to meet the city's water efficient landscape ordinance. And as I noted earlier, the project, in terms of both its noise and night lighting, are fully mitigated. This is some information about the noise impacts. There was an acoustical study provided by the applicant's consultant, BA acoustics, which made a

recommendation for the following noise mitigation barriers. As it was noted in the report, the project has the potential to marginally exceed the noise ordinance at the parcels west of the project site and one of the residential parcels south along Calle de Ricardo. These noise findings therefore developed the recommendations that the west side masonry wall be increased to eight feet and that there will be, as I noted, along the south side, fencing up to seven feet, the use of a product that's like an acoustical blanket. And the proprietary names are acoustic fence or pickle block noise barriers that is placed behind and above the metal fence on that south part of the project. The potential for nuisance light impacts have been mitigated. The project conforms to the Outdoor Lighting Ordinance. Competitive play for these courts is recommended at a brightness of 50 to 75 foot candles. To give you some idea of what that means in terms of the subjective feeling of this light, a typical baseball field has lighting at about 100 to 150 foot candles, so it's less than what you would typically see at a baseball or football field. There is no light spillage off the site. All of it is down oriented with high cut off angle shielding. Sound walls and perimeter shade trees will also help mitigate any potential light spillage onto adjacent parcels. When you do see the photometric site plan, the that site plan does not take into account the trees, the lighting fixtures themselves and the way they've been designed and shielded. Take care of the reduction in control of light pollution off the site. And as noted there on bullet number three, the lighting levels at the property line are not going to be more than one foot candle above the ambient light levels. And as I

did note earlier, it is consistent with the airport land use compatibility master plan and the conditions of approval that were provided to us by Alec have been incorporated in the conditions in your packet. So the findings for approval, the development permit and the conditional use permit findings are in your staff. Report staff is also recommending under Sequa a categorical exemption as a infill as well as. I will get back to the other one. Right now I'm drawing a blank on it. So we are determining that it is categorically exempt. Pursuant to Sequa, we're recommending that you approve the project based on the findings in the staff report and subject to the conditions of approval. We also are asking that you recommend approval by the Architectural Review Committee of the related major architectural application, subject to the same conditions, and then approval by the director of the Am. If the project does go forward. That concludes my staff report. The applicant is in the audience and would like to make a brief presentation also, and we have both their lighting and acoustical engineers available. If you have any technical questions that none of us can answer. Thank you.

Madam Chair. Just a point of clarification on the Sequoyah analysis. So in addition to the class 32 infill exemption, we also evaluated it as a class three small structure exemption as well. So it does qualify. For thank you Chris. I was. Unable to open the email you sent yesterday with the comments. For whatever reason, the links weren't working. I just could never get anything to.

So we did receive several letters from the community. I believe at this point all of them were in support of the project. I'm not aware of any that were received. Thank you, Madam Chair. None were received in opposition to the project or raising concerns.

So Ken, the we talked about this in June when this was up in front of us. First the the pork chop at Avenida Evelina and Ramon. So now it appears that the pork chop is going to remain. Is that correct? That is correct. Okay. And no media and no left turn lane then of course. Right. So is it the assumption of the city and the engineering department who's not here that folks that are using this facility that are coming from the west, from the city of Palm Springs proper, are going to travel eastbound on Ramon, and they're going to do what? To get into the site.

On their first time. They will probably drive past the site until they get to the next signalized intersection. Those that have been using the site then will realize that there's another signalized intersection to the west of the project site, and those will be the locations that they will take to get up to Airport Center. The city is not too concerned about people getting into the center lane and doing a cattywampus kind of U-turn to get into the. I did review that with Rick Munarriz and engineering, and they were not concerned about that. Okay. All right.

I'm, I'm curious a little bit about the sound attenuation. Attenuation blankets. What material is that and what. And and they are going to be visible. What do they look like and what are they made of and how long do they last? Actually the applicant did bring some of the material sample for you. So we can. If you have it, if you would just give it to me and we'll circulate it. Yeah.

Thank you Max. It's basically a black material that lays behind the fence on the court side. And then they are they are attached to the fence and they are sealed at the joints between them so that they're the entire set of blankets basically functions as a single surface, okay. And they're called blankets. And I was visioning something different altogether. But that.

Looks pretty sturdy. Okay, talk to me for a minute about the light levels. I know that we have provisions within the municipal code that allow for exceeding the limit. If the limit cannot be met, do we know why we can't achieve? And I realize one foot candle over the limit is not large. But I'm just curious why? Why can't we meet the limit? I'm not sure I understand your question, Commissioner Lane. The the. I guess. Please ask me again, if you don't mind.

And the municipal code, it says that one or more of the conditions of night lighting cannot be met. Or when that happens, then we can, through this up process, allow an exception. And I understand that they are not meeting the limits but and and asking for an exception which we can grant. But why can't they?

I now understand your question. It's not a matter of not meeting the lighting levels. It's a matter of providing the adequate lighting levels that they would like on the courts. So the 50 to 75 foot candle brightness levels that are on the court in order to get that lighting level evenly across those courts, the westerly courts are the ones where they were having a challenge getting those lighting levels. When the poles are 60ft away from that edge of the court. So in order to get uniform lighting across that entire set of westerly courts, by bringing the lighting poles closer to the property line, they're able to get a more uniform level of lighting or foot candles across the entire court. So the issue is not one of being unable to meet our lighting code. It's a matter of them being able to provide a uniform level of brightness across the court, but also by bringing those poles closer to the property line, they're able to keep the lighting levels oriented downward, where if it was further to the east, they would actually have to have those fixtures be able to be projecting almost at more of a diagonal angle rather than directly downward. So by having those lights closer to that westerly side, it gives them uniform lighting across the court.

Okay. So typically you can change your light levels by adding more lights or changing the fixture or having them closer together. But what they've done has, excuse me, allows them to keep it more directly focused over the area that we want to light, and there will be less spillover, potentially be annoying to. Exactly. Okay. I think. Do you have a slide that shows the placement of the lights? I do. Thank you. That will help.

Now I realize this is kind of hard to see, but because it's so darn small. But. Okay, so. Right, I can get this to work for me right along. If you can see my arrow right along this edge is where those light poles are located. The next set of light poles then happen right here in this line. And then of course you can see them further over. I hope you can see them here. But there's a row of lighting here. There's another row of lighting here. And then the last row of lighting is here along this edge. So the ones that we are talking about that are subject to the cup is this row right here. So what you're seeing here in this dark purple line that is the masonry wall that is eight feet in height. And I've done a blow up here so that you can if I can get this thing to work properly. This is the typical light pole. It's a two headed light pole. This is that perimeter masonry wall. And as you see on the other side, on the adjacent parcel, there's less than a half a foot candle within the first ten feet limit, and it goes down to almost nothing. Once you get over to about 60ft into the project site. So these are the court, I'm sorry, these are the poles that were the subject of the request for the cup.

Thank you. That helps. And do I recall these were going to be 18ft in height. Yes, yes. The other picture on this image that you see here on the upper right is an example of the pole itself and the fixture. Thank you. Just on that same topic, any other questions on lighting. And I'm going to stick to one at a time. So Commissioner Miller if you're talking about lighting.

Yeah just to confirm. So the the 18 foot poles along the western property line which are triggering the CP, those were not shown on the June plans or they were and they weren't fleshed out or. They they made this adjustment as they further refined their lighting study. So yes, they were not shown when you saw this project. Okay. And just to confirm with the conditional use permit, the mailed 500 foot property owner notice has been accomplished. The public hearing notice for a cup was noticed as in accordance with our our ordinance. Thank you.

I have 1 or 2 more questions on the lighting. So there's no essentially there's no lighting spillage. There's .4.5 of a of a can of a light candle spilling off. So that it is it will not impact the adjat undeveloped property and wouldn't keep them from developing. That's correct. That is correct. Okay. And is this this is the fixture you you had said that there's some shielding on it. Can you explain whether shielding is.

When you look at the explanation of this, this particular lighting fixture? You'll note there on the second line, the the fixture is actually has the actual luminaires themselves concealed up into the housing. So there's a three inch depth from the bottom edge of the fixture to where the actual surface of the LEDs are located. In addition to that, you see the note right below it. If I can make this thing work again for me. Outside shield when you. This is the specification right here for those perimeter fixtures, blah blah blah blah blah. All this h h s stands for House side shield designed for full property line cut off.

So it cuts off at the. That's correct. It effectively cuts off okay. That's correct. And that's the only reason we're doing a cup. Yes. It's a bit peculiar in the sports courts ordinance. It isn't. They don't suggest that you handle this with a variance that the ordinance is written oddly, that you handle these kinds of exceptions with a cup. Fine. So that the determination we make on this actually is determinative for architectural review. Yes. So they, they're, they will not be able to change the location of light poles. No fixture. No. Okay.

Not without bringing it back to you guys at that point because.

We wouldn't want that. I think there are enough hearings to that. I have some other questions, but do people have other questions? I have just a co. And they they have to do with the hours. I believe that the hours are hours that are requested by the applicant and generally within the purview of sports courts, am I correct? That is correct. And I'm not an expert on sound mitigation. I am very pleasd that we have a report we're working with. I do have some concerns regarding those hours, and my thought on the way to mitigate it would be to have a review come back to make sure that there aren't neighborhood complaints. Is that within our purview?

Yes it. Is, yeah. Madam chair, I think that that would be a good solution to this. So I think, you know, certainly they've made the request they provided the study that demonstrates that they believe this will not exceed the noise ordinance or create any conflicts now, operationally to give it some time, once they're up and running and perhaps through a busy season, that might be a good moment to have it come back and just make sure that they're not out of compliance with our noise ordinance.

Thank you. And then the other the other question I had was just regarding some language that I thought might be a little in in. Not, not completely the best language we could have in criteria and findings. And I should bring that up later, correct? Sure. Great. I think is with that I think we have our questions. The public hearing is open. The applicant has ten minutes. Please, if you come forward, identify yourself and speak one at a time and we may have questions. We won't be asking you questions in your portion of the hearing. We will come back to you if we have additional questions, but please stay.

Here. I'm gonna go over here.

Okay, here we go. I'm Mark Stewart, the architect for the project, and it's been an honor to work on the project and a pleasure to work with the city staff team and and with the planning commission and all the input that we've got on the project relative to sound and landscaping and the parking. I think it's all worked together to make this thing arguably the best pickleball complex in the country. So I'm going to go on record saying that I wanted to introduce Cliff Heston's, the owner, and said mentioned that it's been a pleasure to work with Cliff and I. I'll tell you what the best part about it is. He's doing this for the love of the game. He's a resident of Palm Springs, and he's also doing it for his friends and members of the community to fully enjoy the sport of pickleball. So, I mean, it's it's an honor to work with a project where that's that's the motivation. And Max, he's been effortlessly, effortlessly working out the design and coordination detail for years on this. So we're we're we're glad that you're having us here. And if you've got any questions for us, we're going to be right here to answer them. I did want to point out, too, that we have also in the meeting, Bill Heine from Noise Lighting, and those folks have done 500 multi court sport complexes nationwide, and they just recently lit the Desert Horizons Country Club in Indian Wells right up the street here. So and that has the same light levels that we're proposing for this project. If, if you wanted to see a real world example just up the street and the acoustics team, Alex Mendez and Eric DeSantis, they're on the through zoom attending the meeting too. And if you have

any detailed questions about the acoustics study, they're there. I did want to point out that one of the reasons that we, the design team selected them was they had done a noise planning guideline. They produced noise planning guidelines for outdoor pickleball courts for British for the British Columbia Recreation and Parks Association, pickleball, British Columbia. And I wanted to point that out because that's why we picked them, that noise study that they did, they modeled pickleball noise. In an engineered fashion, but more than more so than that, they they identified mitigation techniques and quantified them in an actionable manner that design teams like us could employ them. And that's exactly what we did here. Great. That's something to .

Yes. Thank you for having us here. I just wanted to point out that we worked out multiple details with the city staff and with multiple back and forth, you know, and addressing the needs for the design, decorative paving for the bay parking as well as. Addressing the needs for the site and material selections. So glad we can all work as a team.

I don't I don't have a ton to say. I've got a great team and as you heard them say that the the lighting experts and the noise experts are on zoom. So if you have questions of them, they're here to answer them or, well, not really here, but they can answer them for you. We've worked really hard to to be in compliance. Ken has worked with us constantly over the past two years to try to make sure that every aspect of this project was within code and met the criteria for the city. What I think it's going to be a great addition to the city. I am a resident of the city, a long time resident over 25 years, and we need a really great pickleball complex here and I'm going to do it. So ready to move forward when you are. If you have any questions of me, please feel free to ask. Thank you.

We'll do that after your presentation. And when we come back at this point, you finished. I'm taking that. You've finished your ten minute presentation. Yes. Are there members of the public who wish to speak? Yes, there are, Madam. Chair, in in the instance that many of them are speaking in on the same issue, they could also speak collectively. That would certainly. Be their prerogative or. Perhaps refer to other comments. That's. That's your call, Madam Chair.

Yes. Well, if if, if in if in the event 20 people are here want to speak in favor of this and they want a designated speaker to speak for them, that would be fine. Well, I will. Call them in the order that they have been submitted. And and you may elect to do what you wish. Understanding this meeting seems to be going positively, but I will first call Kirk Ballard Ballard, followed by Mike Rasmus, and you will each have three minutes.

I'm not quite sure I understood the other option, so I just decided to come up here and speak for myself. And then you guys can talk about what you want to do next. Hello, my name is Kirk Ballard. I've lived in the city for seven years, and I am an avid pickleball player. Not a very good one, but avid. As you know, pickleball is growing by leaps and bounds, and so is the demand for courts and good places to play. I just wanted to say that I'm strongly in favor of this project, and I think this is an ideal spot for it. I really hope that the pickleball park will receive the commission's approval tonight. Thank you.

Mike Rasmus, followed by Todd Dickey.

I too am here to support pickleball courts that were on proposal tonight. My name is Mike Rasmus, and my husband and I own a home here in Palm Springs, and we spend significant time here. And I stand before you tonight as someone who cares deeply about the quality and character of accessibility to community community spaces. And I wish to express my support for the proposal of the USA, LLC courts that Cliff Teston is proposing. Pickleball has become one of the most positive community building activities we have. It brings together people across generations, backgrounds and neighborhoods. Whenever on our current courts here in Palm Springs. What stands out is not just energy and fun, but the way strangers become neighbors through something as simple as a game. This project reflects that community spirit. I appreciate that Cliff is investing in the amenities that will serve both residents and visitors, and that they've been thoughtful in the design, the location, and the neighborhood compatibility. Their project would help ease crowding of existing courts, create a welcoming environment for active recreation, and add to the vibrancy of Palm Springs. Is known for as someone who benefits directly from the quality of life this city provides, I see this project as a genuine asset. It supports healthy living, fosters connection, and aligns with Palm Springs long standing commitment to outdoor recreation. For these reasons, I respectfully ask the Commission to approve this proposal and I thank you for the consideration and for the work that you all do for this community. Oops.

Todd Dickey, followed by John.

Hello, my name is Todd Dickey. I'm also a resident of Palm Springs. I'm very much in favor of this project coming before you this evening. I play a lot of pickleball and in my opinion, there just aren't enough courts in the city for this fast growing sport. I want you to know that the applicant pool USA, LLC, it's not a big corporation, it's not a national chain. My husband, Cliff, is the principal spearheading this project, and we're local residents of Palm Springs who are just trying to start a small business in town. We purchased the property for this project back in May of 2023. The site was selected with pickleball noise in mind. It's sandwiched between a six lane roadway and an airport runway. As one of you commissioners mentioned at the June hearing, when this project first came before you, we can't think of a better location in the city for this project. We have spent the past two and a half years trying to get this project built. The first project proposal was submitted to City Planning back in August of 2023. Getting approval of this project by you tonight would be a major step forward for us. So I ask that you please approve the project this evening. Thank you.

John, followed by Mark Crossley.

Hi, my name is John Small. My husband and I retired to Palm Springs in 2020, and before that I had never played pickleball. But I soon discovered a community of people and because of the unique social nature of the game, we were able to create a community of. Some of my best friends are here tonight, and it's made Palm Springs a even more wonderful place for us to retire to. And even though my husband has not played pickleball at all, he has benefited from the relationships that we have created here. And we have a wonderful. And we've been blessed with so many friends. And this facility will enable other people to create their own communities. And so I strongly recommend that the Commission approve this project. Thank you.

Mark Crossley, followed by Ken Webster.

Good evening. My name is Mark Crossley and I am a homeowner in Palm Springs as well. And I'm going to kind of piggyback on what John just said. I moved here in 2019 having never heard of this sport, was pulled into it. And I cannot tell you the sense of community that it brings to those who play. And many of my good friends are in this room as well. And Palm Springs is what makes the city, in my opinion, such a special place is the sense of community, and this brings people together and and to talk a little, just a little bit about the the shortage of courts. If you go over to the temporary courts at this point over on Hermosa or even, you know, Demuth, when it was up and running, any morning in the winter, you will see many people waiting to play. This will help alleviate some of that. And this is something that we really need. So I would ask you to approve this project as well. Thank you.

Ken Webster, followed by Terry Wicks.

Good evening, madam chairperson, vice Chairperson and commissioners, my name is Ken Webster. I'm here representing my wife and I, Tricia, who have been residents here for seven years. We are here to support the project. I was looking forward to somebody taking you up on your suggestion and one person speaking for all of us, but you're getting all of us. It was nice to hear the shout out for British Columbia. We're Canadians, we're from British Columbia, and we're stalwart Canadians here in Palm Springs. And we really appreciate the love. And we're glad you're still here.

Thank you, thank you. This will get it gets political. But this is political. We're brothers and sisters, all of us. So we do believe that this will help with tourism internationally as well as nationally as well as locally state, etc. So our Canadian friends who come to visit us will greatly appreciate this facility. We've they know about it, we've talked about it to them and they're looking forward to it. So and lastly, what I would like to mention is something that goes without saying, but your applicant is of the highest integrity, which you know, may not have to be said, but it's very important because they will do what they say they're going to do and you will get what you expect. So I think that needs to be mentioned as well. So we fully support it. Thank you.

Terry Wicks followed by Dan Petite.

Thank you. Pickleball is one of those few sports that anybody can play. You don't have to be a great athlete. It's it's accommodating to all ages. And I think that's why it's become so popular. I wholeheartedly support this because there just not enough public courts for the number of people that enjoy this sport. The few courts that are available are usually in private communities, and you have to be invited as a guest. And so there are a lot of people that just can't do that. So this will help with the public courts to have a well-run facility for organized play at the various skill levels. And I think this design of the center is going to accommodate that immensely. But like the other people have said, it's a great way to build friendships. And it promotes on Palm Springs businesses, in my opinion. And like I said, there's not enough courts, so this will help and I wholeheartedly support this and I hope you do too. Thank you.

So Dan Petite, followed by James Anderson. Apologies if I got the name wrong.

Hello Dan Pettit I've been a resident of Palm Springs since 2022. My other home is in Carson City, Nevada, and if it wasn't for pickleball, it was the best way for me moving to Palm Springs to actually meet the community and engage with the community. And I met these wonderful guys. And I just have to say, integrity. Just to echo that, when it comes to these guys in terms of how they're approaching this project. But I'm an engineer, and this is honestly the first time I've seen the details, and it kind of tickled me to see the drawings and the the rigor that went into the layout of the courts, the layout of the lighting, really, it's the commitment to really running a good project. So I would, you know, wholeheartedly support the project and what it brings to the Palm Springs community and how these guys are approaching it. Thanks.

So James Anderson, followed by Chris Caldwell. Hello, I'm James Anderson and I, I just I, I've met so many friends through pickleball and I'm very grateful for that in the city. And I also feel that it's just there's not enough courts. And I think this is a great project and I super I'm super excited for it and I hope you support it. Thank you. And Chris Caldwell. Good evening. My name is Chris Caldwell.

I've had a house here in Palm Springs for a little over 20 years now and been a full time resident basically since Covid. I'm probably the only person in the audience who's not a pickleball fanatic, but all of my friends are pickleball fanatics, and I hope you'll approve this project so I can stop listening to them complain about the fact that there are not enough courts for them to play pickleball on. I'll also say I've known Clif and his husband, Todd, for longer than I've owned a house in Palm Springs. I know, I know that Clif was an extremely successful businessman in Los Angeles, where where we lived before and where we all lived together a number of years ago. He ran an excellent business. He's a person of great integrity, and he's going to run an excellent business. After you approve this, he's going to be a good employer. He's he's going to be it's going to be a place people are going to want to work and be treated well as employees. There's a huge need for this. As I said, please, I'm tired of listening to it. I hope you'll approve this project.

We have no additional speakers that have signed up in the chambers. There are speakers online. No one has their hand raised. Several of them are with the applicant team. So if you are online and wish to speak now, please raise your hand. Otherwise, Madam chair, I believe we have no additional speakers. The applicant has five minutes for rebuttal. I'm assuming you're not going to have rebuttal, but I would like you to come up for questions. I know I have two, but, Commissioner Baker, you have a question. Well, you.

Have amazing community support. I applaud you for that. I just have a simple question about your business plan for the summer. I mean, just not trying to pick anything apart, but during the heat because there's no shade like or how do you plan to make it work during the summer?

I might come back to you in a couple of years for cover, but it just with a little over my original budget, so I would love to cover a few of the courts for shade, but it doesn't seem to slow people down who want to play pickleball. The heat doesn't bother people. The hours of operation that was a consideration. Opening earlier, closing a little later. Oh I'm sorry, opening a little earlier. Closing a little later. This is a sport that attracts older people like me that want to play when it's cooler. And that's going to be at night or early in the morning, so that the hours of operation was one of the considerations because it's all ages. Play pickleball. So I'm sorry, did I answer your question or just.

A general general question about heat in the desert and hard surfaces with no shade? It's like I can't golf for three months and it kills me because I just can't stand up in the sun for. A lot of us too. But we just move around the hours that we play. So.

Any I have a couple of questions. Does anybody else I don't think anybody has questions on the lighting. I think staff did a really great presentation on that. I do, I do wonder if you have a picture of what the metal fence with the. Baffle on it looks like. Is that on one of those we do that we have that we haven't seen? On. Those.

So it's going to it basically looks black. And that and that will be on the inside of the metal fence, so that we don't assume it's going to be stripped off by some child walking past. Okay. Pretty heavy. Pretty heavy. Good. Does anybody else have a question on on that aspect of it. Yes.

Thank you for doing the sound study. I think it's going to help players as well as neighbors. The one question I had with the material, it is black in color. It's going on the inside. So you can't really vary the color of it without them creating a weird striping of the black fence material. I'm assuming the fence that sits on top of the masonry wall is also black powder. Powder coated. That's the one concern I have is just the black solid color. That's it's functional, but going all the, you know, the distance of of Ramon. I just I'm trying to visualize what that long black line is going to look like esthetically, and wondered if you had any other options for color.

Well, I can adjust the color. They. That fabric is available in two basic colors, black and green. And so we selected the black because it complements the metal fence. When we did the renderings, looking at a contrasting color, that's what we thought was less visually appealing because of the you see the fence in the background. So the solid black with the black fence actually produced, the more the most visibly appealing solution. And from our research and familiarity with, with a lot of other courts, what we see is it's typically chain link that's surrounding these as opposed to a decorative metal. You'll see some kind of shade, even if it's not sound attenuation of a compatible color with the with the fencing material. So we were consistent with with those features, and we picked what we thought was the best looking fabric. And we've got assurances from the manufacturer and out of Florida who's been installing this product since 2002, that it's it's demonstrated a proclivity to hold up to UV weathering as well as storms. So it's a strong fabric, it's well attached and it's inherently UV and weather resistant.

So okay. And there is there is plenty of landscaping along Ramon. So it's it's will also shield some of the straight line of a black. That's true. And you know from.

The renderings because we have a 3D model of this. And when we study it and examine it like we can with our computer models, when you're looking at it from the outside, you see the masonry foundation of it that first four feet. And and you see the metal, even though there's that visual, that fabric behind it. From the outside perspective, you see the metal fence and you see that it's got a shade material on there. So you really get to experience the the rich layers of the componentry. Okay. Thank you. I have some questions on landscape. So does anybody else have them before I. Do have one question.

Now go ahead. Sorry I had one question now that came up. No not the workshop. I appreciate the solid wall on the west for sound attenuation. And I appreciate the combination of the masonry and the picket, the decorative metal and the sound curtain. Are there any areas that actually have a chain link fence? No. No no there's not.

Okay, good. And I always was going to say is if there were any chain link fence I would ask that it be black vinyl coated because black sort of disappears more so than a galvanized chain link fence. So I'm happy to hear that there's no chain link. So we don't need a condition. Great. Right.

Okay, I've got a couple of questions on landscape. And no surprise, I always have questions on landscape. My commissioners are prepared for this. There are two. There are two. I couldn't read on the plan. What the third tree is. Is that a pistache? Because I couldn't read what it is. Can you tell me there are three trees? One is the Chilean mesquite. I'm assuming that's that is thornless or is that a thorned mesquite? Thornless thornless. Perfect. And then the Washington Filifera. And then what is the third tree?

I actually know that if you if the applicant doesn't, I actually know that that Catalpa Tashkent Tashkent is a it's a hybrid between the catalpa tree which is from the Midwest and northeast, and the desert willow, the chilopsis linearis. So it's a hybrid and it's very, very desert. Ready?

Okay. There are a couple of things on the exterior. I see some some plantings. I would really this these are things that I'm going to look at in terms of references. The for the kind of treatment you want. The box you're looking at is pretty small. Just to let you know a recommendation for a 36 inch box instead of a 24 inch box, so that we know that the tree that goes in is large enough to do some of the screening that you want to have done or we want to have done. You're showing some plantings along the edge. Are those vines on the wall?

Oh, yes. Those are very decorative illustrations. Decorative. These are decorative illustrations. What are the plants? I didn't specify the the vines on the top there.

Thanks that. I think those are my questions on landscape. So with that does anybody else have questions I'm going to close the public hearing. Stay. Here are the matters before the commission reading the Commission today I think we have I'm pretty sure I'm seeing votes in favor of this project with maybe 1 or 2 conditions, and I want to suggest some. I actually want to make the motion in this case. The first is that on item number two, criteria and findings, we changed the language from. Thus sometimes noise complaints can occur to there may be noise complaints. I don't want to say sometimes we just want to cover. And I'd like to change that in the in the conditions a small point. The other is I would like to recommend that we that this come back to the commission. We we have an obligation to the neighbors. I mean and I'm saying I think this is the best place in the city for this, but there are residential neighbors. So what we would like to do is have it come back after six months of full operation, which means I'm not counting summer operations. So six months of seasonal operation come back to the commission to see if there are any noise complaints, and to take a review at that point in time. Yes.

That we lengthen that to one year. No, I'm making the motion. So you'd have to make a substitute motion. I would like it to come back. I'm not anticipating we're going to have them. But six months, this could be nine months because they could open in June. But six months of full operation and not summer operation.

Could I? And I appreciate that chair. Could I suggest that it would only need to come back to us? Not not normal. Not just by chance, but if there are a demonstrated number of complaints regarding noise so that we don't waste the applicant's time or the public's time or staff time, could we somehow work that in? And I think we've done that in past. I don't think we. Similar past. Where we've only triggered it by complaints.

We could say something to the effect of in the event of any violations or complaints issued by the Department of Special Program Compliance, the applicant shall return in.

An X number of months in the event. Because we do need to the. The issue on this is I'm going to recommend that we do the hours that they're proposing. But if their complaints and the complaints come during hours where we have more restricted restrictive noise regulations, and those are early morning and late evening between 10 and 11, that's what we want to be notified about. I'm not. So. Yeah. Ken.

Madam chair, I just wanted to also mention within the zoning code, section 9402, which is the conditional use permit section. The Planning Commission has authority to call up a cup for consideration under any circumstances.

So I'd like this to come back. Right? I mean, this is this is the best location in the city for this. We want this to work. And I'm happy to support it. But I want to make sure that we were being mindful. You're doing everything you can to be supportive, to make sure that we don't have we don't. We aren't creating issues in the late evening. So if staff could create the condition, the other things.

Can I just get clarity? Just as we're recording this? For the record, are you amenable to the addition that Commissioner Miller added that the condition would read in the event of complaints or violations as identified by the Department of Special Program Compliance? Yes.

I'm perfectly comfortable with that, but I would I would like to have the ability to have it come back if there are. Okay, the the other thing is our recommendations to Architectural Review, and that would be that the trees be a 36 inch box. Congratulations to staff on the condition that you included regarding the size of in the for the trees and the tree box. And I would like them to consider doing vines, some kind of vine or screening along the wall, and to have them. In any event, they will review what the wall treatment looks like so that it's it's attractive to the neighbors and people driving past. So those are those are and we didn't spend any time looking at what your wall looks like. But that's the province of the arc. So that's the motion I would make. I think it's a oh, but I think it's a great project. I'm happy to do this. I just want to make sure we're protective of the people that live across the street. Is there a second? Great. Are there any comments?

I I'd like to offer one. And that's I want to thank the applicant because when you were before us months ago, we were really in a difficult position because the only information we had addressing sound and noise attenuation came from a third party who had put together a wealth of information, testimony from other people, and had appeared to have the credentials to address this. And I sense that you were disappointed and frustrated when we asked you to look into it further. But you did. You got a good study, done. It identified a couple things that can be done to enhance the neighborliness of this project so that it will make good neighbors with the residents in the area and with the other businesses. And thank you for that. Thank you for not getting discouraged and going away. I think it's a great project and like the others, I think in the right place in the city.

With that, can you call the roll please? Chair Wormit. Yes. Commissioner. Murphy. Yes. Vice chair. Elaine. Yes, Commissioner. Baker. Yes, Commissioner. Miller. Yes. Commissioner. Morrell. Yes. The motion passes unanimously. Go build it. Thank you very much. And it would be really cool if you could show us the women play as well. Vice chair. I can vouch.

For that. What? The public know that a woman has raised her hand. I have been handily beaten by many women on the pickleball court. Yeah. Me too. Thank you. You guys. Okay? The. We need to make a motion. That item four A be extended to January 13th, don't we? Or do we not? I believe because it's not a public hearing. And you did it during the setting of the agenda. We're covered. We're covered. Right.

So we are at planning Commission reports, requests and comments. And the major issue, small issue before us is that we have and we can discuss this after the meeting. We have lunch next Monday with staff, and I'm assuming that one, two, three, four, five of us are able to attend. So but we'll discuss that for a moment when we're offline. I think we can do that. So is there a director's report? Sure. May I ask a question?

I don't I'm not sure if it's a comment or question. I've heard I've gotten questions in the community about a project that we heard something about and informally, and it kind of went away, and that would be housing at the United Methodist Church. Is that in the works? Might we be seeing that.

It is in the works? Yeah. And it is not something that you will be seeing in a formal capacity. So they are undertaking that under state law. I want to say it's SB 35, but please don't quote me on that. It might be SB four actually, but in any event it is a state law that allows for the expedited and ministerial approval of affordable housing on religious sites, which this qualifies for. So that is what we are processing it as they are working with us. They've submitted materials and we are working at processing it at the staff level. What we will do, though, because I think this is a good news story, it's I believe it's around 76 or 80 units of deed restricted affordable housing for seniors. And so what we would like to do, once we have the appropriate level of information and sort of know where it's going, is bring it to you as an update, perhaps during director's report or at some point on the agenda, just so that you all are aware of the project and the path that it has traveled under the various state law that is allowing it to be expedited.

Excellent. And this is do we know the levels of affordability? And this is rental? I believe. It is rental. I don't want to misquote the levels of affordability. That may still be a little bit in discussion, but it would certainly it's 100% affordable. So when we present it to you, we'll have that information. Certainly. Thank you. Two other items I believe there's an appeal of one of our decisions going to council.

Correct. So speaking of affordable housing, you will all recall the 80 something unit affordable housing project in San Rafael that you recently approved. We did receive appeals from some of the neighbors behind it. As I understand it, they are owners of vacation rental properties on the street to the south, and they have appealed it for various reasons that will go to city council at their January 14th meeting for consideration. Of course, you know, many of the reasons raised in the appeals are relative to the density bonus law that granted certain relief for height, parking, etcetera. And we'll have that conversation at the council level. But as we discussed here during our hearing, those are automatic grants that are based in state law. So our hands ability to respond to those those concerns may be relatively limited.

Well, regarding regarding that project, we didn't hear any negative comments from those folks during the process, did we not? From these. I believe that there was communication at the staff level. I don't know that they came to the hearing and voiced it, but there were conversations, I think, with.

Staff for my 30 years of working in public sector, if an if an appellant has not first made objection at the step one, that significantly reduces their chances of being able to successfully pull off an appeal from the court standpoint, not from perhaps the city council standpoint, but correct. I believe you would be correct in terms of granting standing if this were to go further. I believe that as a matter of practice here, we've been a little bit more liberal in allowing them to engage in the appeal. That is certainly something that we would flag in our analysis at the staff level for council's consideration.

And I have one different question, which is in the event that one of the topics that has been sort of highlighted on Palm Springs post the last couple of days, which is the mega warehouse that's being proposed, if there are public hearings on that, would you let the any kind of public discussion, would you please inform the membes of the commission?

Absolutely. And what Madam Chair is referring to is, of course, the tribal warehouse projects at 111 and Tipton Road, which are going to council for an administrative analysis and conformity report tomorrow night. This is obviously become quite controversial. I think it's very important, since we are in public session, for me to state clearly, and I know that you all know this, the request of the City of Palm Springs and of our city Council is not to grant approval of the project. The request that is before us is to adopt a report that analyzes how the project does or does not comply to the city's rules and regulations, and that is what is before council tomorrow night. It is an important step in the process because it allows the city to go on record with the tribe again, about the ways that the project deviates or complies with our various rules and regulations, and it also allows us to pass along a series of recommendations to the tribe for their consideration in terms of conditions or changes to the project that would allow it to better conform to the city's rules and regulations. So, for example, required road improvements, infrastructure upgrades, etc. to ensure that it would. From our perspective, those are recommendations that we would pass on to the tribe that are based in standard process, that we would attach to any developer. The tribe as a sovereign nation, of course, has full control and jurisdiction over what happens on their land, and so they are free to do what those recommendations as they wish, the land use agreement that the tribe has voluntarily entered with the city, allows the city gives the city that review and allows them to pass on those recommendations. It also envisions a joint meeting between the tribe and the city Council, which is something that would happen after adoption of this conformity report. So the process is envisioned such that we pass along, we transmit the conformity report back to the tribe to say, here are all of the recommendations that we have in terms of bringing this

project closer into compliance with our rules. And then 30 days following that, so 30 days after tomorrow night, we would have to schedule, not hold, but schedule that joint meeting. And that could happen at a time mutually agreeable between both parties. That would then give the public an opportunity to come and speak further about their concerns or additional changes or, you know, conditions that they would like to see attached to the project. So thank you for asking. I was going to raise it during my comments, but it's important to clarify for the public and for all of us sort of what our role is in that process, which is just advisory. Yes.

Also, if we're done with that subject also on next door feed, there's a lot of chatter going on. About 78 house development up against Tahquitz Creek Channel.

Yeah, that is kind of an early stages. This is down off the extension of Sunny Dunes by the old KFC. And tt is a developer that is applying under SB 330, which is the Housing Crisis Act. And that also invokes a very expedited review process by which the city has to process applications for residential development. And that is what they are utilizing to pursue that application. The neighbors in that area are very concerned about the project, its impacts on the environment, etc. we are waiting for additional information from them to be able to sort of do our in-depth review of that process. We're we're also working closely with the city Attorney's office and understanding the city's obligations and rights under that process. But what we do know about it, which I have communicated to those that have reached out to me, for example, we cannot rezone the property now that they have initiated that process to take away those development rights. They have essentially grandfathered in under SB 330 to us processing a residential project on that site. That said, it does still have a process to go through. It will come before you all. It will have to go through a sequence analysis if one is required, if they're not subject to other exemptions under state law. And that is the step of the process that we are currently in, which is working through what that project looks like, what's required, what the approval process looks like, and what the environmental review is going to be. And there's a number of technical issues that need to be worked through as well.

Can you. Explain what's grandfathered under SB 330? This isn't the the earlier failure to have a housing element, is it?

No. It's interesting because it's the same. It's the same law. So Builders Remedy is also under SB 330. But SB 330 effectively says that a local jurisdiction cannot take action to remove development rights from a project once it has come in under SB 330. So whatever rules are in effect at the time of their pre-application are those that the city must follow in processing the application. And what that is meant to do is stop municipalities. You know, somebody comes in with a housing project today. Both our general plan and our zoning code allow residential development on this property. What it is looking to stop is a city or a local jurisdiction rezoning a property to, let's say, open space or some other use to stop a residential development that is in process. So that control has been taken away by the state through state legislation.

That at issue. Here. Because there are members of the community who have requested that we rezone the property to stop this development from happening. Got it? Yes. Commissioner Murphy. Do you have any updates on either the Bellaire Green Project or the Orchid Tree.

Bringing up all the fun projects tonight, commissioners. So Bellaire Greens is continuing to process their application. As I understand it, they are into environmental review. So that's the process that they're currently engaged in. So they are undertaking the required environmental review before that would come before you. That is going through the golf course conversion ordinance. And there are some complications in the way that ordinance is written that we are working through, just in terms of, again, determining what the process looks like coming to you all. Because I have to remember this correctly. The general plan allows the development, but the zoning does not. So we are just resolving that conflict in terms of what exactly we're bringing to you. But at this point, environmental review. So we'll come to you at some point, undetermined at this point. Orchid tree, we're working with them on getting a complete application in. So they at this point have been given a time frame of submitting a complete application, I believe, by the end of February. And so we're working with them actively back and forth on just getting additional information in order to determine that application complete so that we can process it. I imagine, based on some of the agreements with City Council, that you all will see that next fall.

So I thought the City Council, given that they were in default, gave them 30 days to remedy the default. So there.

Were some there were some conversations. And I'm not privy to this, so I don't want to misspeak. There were some conversations that occurred that are outlined in that default process in the Tot covenant agreement. So there are different things going on. There is the entitlement process, which, you know, my team is managing and which will come to you all. And then there's also a tot covenant agreement, and that is essentially a rebate of the Tot that they would otherwise remit to the city in order to help facilitate the development. And that's being facilitated through our economic development team. And that is what they were in default of. That is what established certain milestones and timelines for the project. And that's what they were in default of. They did respond to the default notice within the required 30 days. There were conversations between the city attorney and other folks, and the deadline to submit a complete application has been established as being the end of February at this point in time.

Okay. Thank you. And the Dream Hotel. Also working through some some plan revisions. SI believe they are coordinating both with the engineering and the building departments on obtaining necessary permits to work to, to, to begin their work. They're also working with my team on some minor adjustments to the site plan that would be processed administratively, because they fall under the minor category of, of of the zoning code. But very much working through that process actively. And I think you reported back to us on City Council action on the Nexus Hotel.

Correct. So Nexus Hotel was approved by the City Council after the appeals were launched. They didn't make any real further changes beyond what the council, sorry, what the planning Commission had determined. They added some sort of operational conditions. So they wanted a website established, they wanted regular community meetings, you know, these kinds of things to make sure that the community is being updated. They did take control away from you all in terms of granting any extensions of time. And I think, you know, that was to respond to some of these other kinds of hotel projects that we see continuing to to go on. They wanted to have the developer come directly to them should they need more time than the two years that is granted under the zoning code. What we are aware of, well, I'll leave it at that. So that's where that is at this point in time.

Anything else? One of my favorite projects. Any update on In-N-Out burger? Yes. So we are supposedly before the end of the year, going to get the revised architectural drawings that were requested, and then that would initiate the subcommittee process that the Planning Commission had conditions. So we've not yet done that. They've had a fairly detailed and lengthy internal process of working through that. They have plans that they feel are very responsive and very contextual to Palm Springs and to the surrounding area, and that they are excited to share with us. But I have not yet seen them. But I do expect that we will shortly.

With the timing. The timing on it isn't an issue because it's them holding the process up. Correct? That's right. This is the ball is in their court. We didn't establish any specific milestones or timeline on them to get to Arc, just that they needed to go through that subcommittee process prior to going to Arc. That's the only update I have. Updates.

Thank you. With that, I'm going to wish everybody a merry Christmas and adjourn the meet and Happy New Year and Happy Holidays. And we will adjourn until 530. Tuesday, January 13th, 2026. This says 2025 oh. Thank you. Are we off the air?