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PCMIN 06 08 1999 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 8, 1999 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 P.M. by Chairman Tyler who asked Commissioner Abels to lead the flag salute. B. Chairman Tyler requested the roll call: Present: Commissioners Abels, Butler, Kirk, and Chainnan Tyler. It was moved and seconded by Commissioners Kirk/Abels to excuse Commissioner Robbins. Unanimously approved. C. Staffpresent: Community Development Director Jerry Herman, City Attorney Dawn Honeywell, Planing Manager Christine di Iorio, Senior Engineer Steve Speer, Principal Planners Fred Baker and Start Sawa, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: A. Staff informed the Commission that Public Hearing Item "A" needed to be changed to. Business Item "A' and the remainder of the Business Items renumbered accordingly. It was moved and seconded by Commissioners Kirk/Abels to approve the Agenda as amended. Unanimously approved. IV. CONSENT ITEMS: A. Chairman Tyler asked if there were any corrections to the Minutes of May 25, 1999. There being no corrections, it was moved and seconded by Commissioner Abels/Kirk to adopt the Minutes as presented. Unanimously approved. B. Department Report: None. V. PUBLIC HEARINGS: None. VI. BUSINESS ITEMS: A. Tract Map 25953; a request of Oliphant and Williams Associates, Inc. for approval of two new prototype houses and landscaping plans for the northwest comer of Miles Avenue and Dune Palms Road. CSMy Documents\WPDOCSXPC6-8-99.wpd 1 Planning Commission Minutes June 8, 1999 1. Commissioner Butler excused himself due to a possible conflict of interest and withdrew from the dias. 2. Chairman Tyler opened the public heating and asked for the staff report. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development. 3. Chairman Tyler asked if there were any questions of staff. There being no questions of staff, Chairman Tyler asked if the applicant would like to address the Commission. Ms. Betty Williams stated she respectfully requested approval of their application and she was available to answer any questions. 4. Chairman Tyler asked if anyone else would like to speak regarding this project. There being no public comment, Chairman Tyler opened the case for Commission discussion. 5. There being no discussion, it was moved and seconded by Commissioners Abels/Kirk to adopt Minute Motion 99-009 approving the two new prototype house for Tract 25953, subject to the Findings and Conditions of Approval as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, and Chairman Tyler. NOES: None. ABSENT: Commissioners Butler and Robbins. ABSTAIN: None. Commissioner Butler rejoined the Commission. B. Master Design Guidelines 99-004; a request of Coachella Valley Housing Authority for approval of prototype plans for lots in the Cove area. 1. Chairman Tyler asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. There being no questions of staff, Chairman Tyler asked if the applicant would like to address the Commission. Ms. Rebeca Dennis, Housing Director, representing Coachella Valley Housing Coalition, stated she was present to answer any questions the Commission may have. 3. Chairman Tyler asked if there were any questions of the applicant. The Commissioners thanked the applicant for the revised Guidelines. C:\My Documents\WPDOCS\PC6-8-99.wpd 2 Planning Commission Minutes June 8, 1999 4. Commissioner Kirk asked if the homes would, or would not have tile roofs as it was unclear in the Guidelines. Ms. Dennis stated they would all have tile roofs. 5. There being no further discussion, it was moved and seconded by Commissioners Kirk/Butler to adopt Minute Motion 99-010 approving Master Design Guidelines 99-004 as recommended. Unanimously approved. C. Sign Application 99-466; a request of Airtouch Communications for approval of a deviation to an approved sign program to permit corporate signs for a new business located at 78-742 Highway 111 within the One Eleven La Quinta Shopping Center. 1. Chairman Tyler asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted a change in the size of the logo and that the applicant had agreed with Condition # 1. 2. Chairman Tyler asked if there were any questions of staff. Commissioner -- Butler asked if the Commission should be considering a Zoning Ordinance change to require copyright signs comply with City standards. Staff noted the conditions required the size change as the logo is too large in proportion to the balance of the sign. 3. Commissioner Abels asked the City Attorney if the City was at risk requiring a registered trademark to be altered. Dawn Honeywell, City Attorney stated the City could require the applicant to alter the size to keep it in proportion, but not the design or colors. Staff noted the conditions were requiting only the size of the logo to be reduced. 4. Commissioner Abels asked the color of the returns. Staff noted it originally shown as white. The applicant had no objection to painting the returns black. 5. Commissioner Kirk stated that at the last meeting staff was recommending the logo be changed from a can sign to something else. Can the City do this to a logo? City Attorney Dawn Honeywell stated that if the logo trademark includes the lettering as well as the logo itself, then to be in keeping with not altering the trademark, whatever the Commission recommended, whether it be to light the sign entirely or not-light the entire sign, the Commission would _ have to treat the entire sign the same way. 6. Commissioner Kirk questioned whether this would apply in this instance with the reduction of the sign size. City Attorney Dawn Honeywell stated she did not believe Airtouch provided the City with a letter showing the City what their logo consisted of. It is therefore, hard to know whether the reduction of the arch interferes with the trademark. C:XMy Documents\WPDOCSXPC6-8-99.wpd 3 Planning Commission Minutes June 8, 1999 7. There being no further questions of staff, Chairman Tyler asked if the applicant would like to address the Commission. Mr. Jerry Murdock, Permitting Administrator for UltraNeon Signs, presented a letter from Airtouch regarding their trademark and pictures of various Airtouch locations which showed the trademark and size of the letters. In these instances the size of the logo is proportionately the same whether or not it is over the letters or next to the letters. City Attorney Dawn Honeywell stated that what the City was saying was that if Airtouch is arguing that it is their patented trademark, the City needs to be given something that demonstrates the size is part of the trademark. Mr. Murdock stated that whether the logo is used above or beside the letters it is still proportionately the same. Discussion followed regarding the different signs. 8. Chairman Tyler asked if there were any questions of the applicant. Commissioner Kirk asked the applicant how they felt about staff's recommendation regarding reducing the size of the logo. Mr. Mudock stated Airtouch is very adamant about having the sign at five feet and the logo is always proportionate to the letters. 9. Commissioner Butler asked if the Commission could require documentation on the trademark. City Attorney Dawn Honeywell stated it would make sense to have the applicant provide documentation that what the City it requesting is requiring a change to their trademark. Commissioner Butler stated that in light of this information he would be inclined to continue this application until such time as documentation had been provided by Airtouch regarding their trademark. 10. Commissioner Kirk stated he too is concerned about sign proliferation, but in this instance he would rather have the logo at the proposed size rather than additional letters. 11. Commissioner Butler stated he would agree with staff's recommendation, but in the future documentation should be provided as to what makes up a corporate trademark. In regard to this sign, he would agree with staff's recommendation as it would allow them to have the sign at a reduced size. 12. Commissioner Abels stated he could not agree with staff' s recommendation as he believed it was altering their trademark. 13. Commissioner Butler stated they were not altering the sign, just reducing the logo size to three feet. As shown by the applicant's pictures, the signs are all different. C:LMy Documents\WPDOCSXPC6-8-99.wpd 4 Planning Commission Minutes june 8, 1999 14. Chairman Tyler asked the length of the logo as proposed. Staff stated it was proposed for five feet. Mr. Murdock stated it was four feet ten inches or four feet eleven inches and staff was requesting it to be reduced by about one third. 15. Commissioner Kirk asked what the chances were of the City being sued over such minor modifications. City Attorney Dawn Honeywell stated there is one case that most of this is stemming from. It depends on how strong Airtouch's corporate office feels about it. If they wish to make a point, or if they feel there was an infringement on their trademark, they have the ability to sue. 16. Commissioner Kirk stated the Commission's decision should not be based on a court case. Changing the size, whether they are required to use a can or not use a can, is not going to cause the City trouble. He was not concerned with this particular sign, but in the furore they should be able to have more latitude. Discussion followed regarding prior court cases on trademarks. 17. Mr. Murdock stated that if the Commission would like to continue this, he would contact Airtouch, obtain a copy of their official trademark, and if the 'size is proportionate he will bring it in, if it is not, he will ask them to accept staW s recommendation. 18. There being no further discussion, it was moved and seconded by Commissioners Abels/Butler to continue Sign Application 99466 to June 22, 1999. Unanimously approved. C. Street Name Change 99-011; a request of the City for approval of a street name change from Columbine to Pasco de Santillana or Calle de Oso. 1. Chairman Tyler asked for the staff report. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted a request had been received from Centex 'Homes requesting the name be changed to "Spanish Bay" to be in conformance with other street names in PGA West. 2. Chairman Tyler asked if there were any questions of staff. There being no questions of staff, Chairman Tyler asked if anyone else would like to speak regarding this subject. 3. There being no discussion, it was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 99-048, recommending approval of Street Name Change 99-011, as recommended by staff. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, and Chairman Tyler. NOES: None. ABSENT: Commissioner Robbins. ABSTAIN: None. Planning Commission Minutes June 8, 1999 VII. CORRI~SPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. Chairman Tyler gave a report on the City Council meeting of May 18, 1999. B. Commissioner Kirk asked if staff would feel it appropriate to dedicate part of a Commission meeting with what can or cannot be done in regard to signs and legal precedent. Community Development Director Jerry Herman suggested a joint meeting be held with the City Council to gain their direction. Discussion followed regarding how staff reaches justification for a recommendation. 1. Commissioner Kirk stated that at the last meeting, while reviewing the sign application for Auto Zone, it did not appear staff was in agreement with legal counsel in regard to what the Commission could change. This has led to some confusion and he would suggest that someone obtain some education regarding this issue. City Attorney Dawn Honeywell stated that if staff is making a recommendation to reduce the size of a sign because the City has -- regulations that the logo will not be any greater than a certain part of the sign, then this could be reviewed by legal counsel; but if the City is Uncertain as to what part of the sign is the actual "trademark" then conditions could be placed on the application that are not appropriate. Discussion followed as to what actually constitutes a trademark; is it lettering or lettering and a logo. 2. City Attorney Dawn Honeywell stated she will review the Sign Ordinance in regard to Federal Law as it relates to trademarks. Further, she does not believe the Planning Commission is in agreement with the City CoUncil in regard to signs and she would suggest they get direction from the City Council before going any further. 3. Commissioner Kirk moved that the City Council provide direction based on issues raised and their desire to not have sign proliferation and explore the opportunities available to staff and the Planning Commission to make sure sign proliferation does not occur. Commissioner Abels seconded the motion and it passed unanimously. C:Wly Documents\WPDOCS\PC6-8-99.wpd 6 Planning Commission Minutes June 8, 1999 IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Butler/Abels to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission to be held June 22, 1999, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:00 P.M. on June 8, 1999. Respectfully submitted, S¢ reta. City of'La Quinta, California C:XMy Documents\WPDOCSLPC6-8-99.wpd 7