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2006 11 28 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA November 28, 2006 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was reconvened at 7:00 p.m. by Chairman Quill who asked Commissioner Daniels to lead the flag salute. B. Present: Commissioners Ed Alderson, Katie Barrows, Rick Daniels, Jim Engle, and Chairman Paul Quill. C. Staff present: Planning Manager Les Johnson, Assistant City Attorney Michael Houston, Associate Planner Andrew Mogensen, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: A. Ms. Signey Cook, 51-470 Calle Jacumba, spoke regarding a lot that was on her street and was a public nuisance due to the number of large trees that were not being maintained. Chairman Quill informed Ms. Cook to call the Code Compliance Department to determine the status of the case. Assistant City Attorney Michael Houston reviewed the process the City has to go through to abate the nuisance. Ms. Cook then asked how many vehicles a homeowner can have parked on the street. Chairman Quill again suggested she contact the Code Compliance Department. Ms. Cook then thanked the City for repairing the streets where she lives. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Quill asked if there were any corrections to the minutes of November 14, 2006. There being none, it was moved and seconded by Commissioners Alderson/Barrows to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: G:IWPDOCSIPC Minutesl2006\ 11-28-06.doc Planning Commission Minutes November 28, 2006 A. Zone Change 2006-129; a request of the City for consideration of a reduction of the existing 15-foot rear setback to ten feet in the Medium Density Residential, 1 7 foot height, single-story zoned properties located south of Avenida La Fonda, north of Avenida Nuestra, west of Washington Street, and east of Calle Guatamala. 1 . Chairman Quill opened the public hearing and asked for the staff report. Associate Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Quill asked if there were any questions of staff. Commissioner Daniels asked why one of the recommendations was to prepare an Environmental Assessment. Staff explained that recommending denial did not require an environmental assessment. Should the Commission want to approve the change, it would require an environmental review before it could be approved. Assistant City Attorney Michael Houston explained there are a number of criteria that CEQA requires before the zone change can be considered. Anything other than a denial would require an Environmental Assessment. 3. Commissioner Alderson asked if there are any other areas of concern the Commission should consider for safety such as fire. Staff stated not at this time, but an Environmental Assessment would make those determinations. 4. Commissioner Daniels asked how Public Hearing "B" would relate to this item. Staff stated they were requesting the zoning symbols be corrected to be consistent. It did not directly relate to this request. 5. There being no further questions of staff, Chairman Quill asked if there was any other public comment. Mr. Robert Ancker, 51- 340 Calle Hueneme, stated he supported the request for the ten foot setback. He has been unable to develop his property until this issue is resolved. 6. Mr. Skip Lench, 78-215 Calle Cadiz, gave a. history on how this request came forward. He noted all the areas where the ten foot setback is allowed. Typically all 5,000 square foot lots have the ten foot setbacks except this section of the City. If 2 Planning Commission Minutes November 28, 2006 the Commission approves the request it would allow them to create a larger front yard. He finds no harm in balancing the rear yard with a ten foot. In his opinion to allow this setback would be fair as all the lots in the adjoining neighborhoods have the ten foot setback. 7. Ms. Sidney Cook, 51-470 Calle Jacumba, asked for an explanation of the request being considered. Chairman Quill explained this was a request to consider changing what the setback would be for the new homes. 8. Mr. Michael Nelson, 51-460 lliolo, stated he concurred with Mr. lench's comments. He agrees this zoning designation should be changed to allow them the same privilege as the adjoining neighborhoods. He too would like to build on his lot with the ten foot rear setback. He submitted plans to build on his lot and was told he could build with the ten foot setback. later, after his plans were completed, he was told it was a 15 foot setback and he would not be able to build the house as designed. 9. There being no further public. comment, Chairman Quill closed the public participation portion of the hearing. 10. Commissioner Alderson noted that currently approximately 30 percent of the homes are in violation of the rear yard setback. What costs would be involved in changing the zone. Staff noted the costs that would be involved in the environmental review. Maximum lot coverage could become an issue and needs to be considered in the overall picture. 11 . Commissioner Daniels noted mistakes do happen, but it seems we have seen a rejuvenation of this neighborhood and he is not concerned with the five foot setback reduction. The mechanics of approving the change would not cause any inconsistency with the neighborhood and he would not object to the change. 12. Chairman Quill concurred that ten feet is the norm for all the lots in the Cove. It does seem that since it works in the Cove, the simplest change would be. to remove the RM designation and allow the RC designation. Therefore, the restrictions of the RC zone would then take place. If a lot was merged, you could 3 Planning Commission Minutes November 28, 2006 not unmerge them. He would recommend proceeding with an environmental assessment to change this to a RC Zone. 13. There being no further discussion, it was moved and seconded by Commissioner Daniels/Alderson directing staff to prepare an Environmental Assessment changing the zoning to Cove Residential designation. B. Zoning Code Amendment 2006-085; a request of the City for consideration of an Amendment to the La Guinta Municipal Code Section 9.20.030 and Section 9.50.030 Table 9-2 in order to cross reference existing special zoning symbols in the residential development standards and to mandate their identification on the Official Zoning Map. 1 . Chairman Guill opened the public hearing and asked for the staff report. Associate Planner Andrew Mogensen 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 Quill asked if there was any other public comment. 3. There being no further public comment, the public participation portion of the public hearing was closed and open for Commission discussion. 4. There being no further discussion, it was moved and seconded by Commissioner Daniels/Barrows to adopt Planning Commission Resolution 2006-044 approving Zoning Code Amendment 2006-085, as recommended. ROLL CALL: AYES: Commissioners Alderson, Barrows, Engle, and Chairman Quill. NOES: None. None. ABSTAIN: None. Daniels, ABSENT: VI. BUSINESS ITEM: None VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: 4 Planning Commission Minutes November 28, 2006 A. Review of City Council meeting of November 21, 2006. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Daniels/Barrows to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on December 12, 2006. This meeting of the Planning Commission was adjourned at 7:58 p.m. on November 28,2006. Respectfully submitted, ~~ 5