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2007 09 11 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 11, 2007 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 Alderson who asked Commissioner Engle to lead the flag salute. B. Present: Commissioners Katie Barrows, Rick Daniels, Jim Engle, Paul Quill, and Chairman Ed Alderson. C. Staff present: Planning Director Les Johnson, Assistant City Attorney Michael Houston, Principal Planner Andrew Mogensen, Consultant Planner Nicole Criste, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Alderson asked if there were any changes to the Minutes of August 28, 2007. Commissioner Quill asked that Page 5, Item 12 be corrected to state, "Commissioner Quill..." There being no further changes, it was moved and seconded by Commissioners Daniels/Barrows to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Village Use Permit 2006-035; a request of Dan Cline, Forward Architecture and Design, Inc., for consideration of architecture and landscaping plans for three retail commercial buildings located on 3.39 acres at the northeast corner of Calle Tarnpico and Desert Club Drive. 1. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen informed the Commission the applicant had requested a continuance to the next meeting. P:IReports - PCI200719-25-0719-11-07 Minutes Draft.doc Planning Commission Minutes September 11, 2007 2. There being no discussion, it was moved and seconded by Commissioners Daniels/Barrows 1.0 continue Village Use Permit 2006-035 to September 25, 2006, as requested. Unanimously approved B. Zoning Code Amendment 2007-091; a relquest of City, for consideration of an Amendment to the time periods allowed between lot line adjustments on the same parcel of land. 1. Chairman Alderson opened the public hearing and asked for the staff report. Consulting Plannel' Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Planning Department 2. Chairman Alderson asked if there' were any questions of staff. Commissioner Daniels asked why this Amendment will reduce the restriction on lot line adjustments from 12 months to six months. Commissioner Daniels asked if staff had reviewed the change with the Building Industry Association or any of the other building trade organizations. Staff stated they had not this was for their benefit. Commissioner Daniels asked that the Ordinance be sent to CELSOC for their review prior to being taken to the City Council. 3. There being no further questions of the staff, Chairman Alderson asked if there was any other public comment. There being no public comment, the public heariing was closed and open for Commission discussion. 4. There being no further discussion, it was moved and seconded by Commissioners Quill/Barrows to adopt Planning Commission Resolution 2007-038 recommending approval of Zoning Code Amendment 2007-091 as recommended and amended: ROLL CALL: AYES: Commissioners Barrows, Daniels, Engle, Quill, and Chairman Alderson. NOES: None. ABSTAIN: None. ABSENT: None. C. Zoning Code Amendment' 2007-090; a request of City, for consideration of an Amendment to establish policies and standards for residential second units; allow apartments in the Medium Density Residential Zone; eliminate mini-storage facilities in all zones; and add language defining and describing Image Corridors in Special Purpose Districts. 2 Planning Commission Minutes September 11, 2007 1. Chairman Alderson opened the public hearing and asked for the staff report. Consulting Planner Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Planning Department 2. Chairman Alderson asked if therl3 were any questions of staff. Commissioner Quill asked if this Code Amendment would eliminate mini-storages. If so, what would happen if the City were to annex additional land, would the Code need to be changed again. Planning Director Les Johnson stated that should the City annex area in the City's Sphere of Influence, discussion should be held regarding what districts this use should be allowed in, at that time. Commissioner Ouill asked if this change would prohibit the existing mini-storages from making any changes or alterations to their buildings. Staff stated yes. 3. Commissioner Daniels asked what staff based the statement on regarding "filling the need". Staff explained that the existing mini-storages in the City and nei~lhboring cities still have vacant spaces. 4. Chairman Alderson asked staff what, if any, expansion could the current storage facilities be able to do. Staff stated they could continue to operate as they are currently, but they would not be able to intensify or expand on the current facility. Chairman Alderson asked if either of the storage facilities had the land capacity to expand. Staff stated they could go up, but with regard to lot coverage, they are maximized out, with the exception of the one on Adams Street that could remove the RV storage and expand into this area of their site with storage spaces. Chairman Alderson asked if this would violate any law if this were to prohibit them from expansion. Assistant City Attorney Michael Houston stated no property owner has a vested right without having a permit. 5. Commissioner Quill asked what options were available to the current storage facilities to allow them to expand. Staff stated the Amendment would prohibit them from making a significant change to their facility. Discussion followed regarding potential scenarios. 6. Commissioner Daniels asked if they would be prevented from 3 Planning Commission Minutes September 11, 2007 replacing any area that is damaged from fire, etc. Staff stated they would be allowed to replace damaged areas if the valuation of the damage was less than 50% of the valuation. Assistant City Attorney Michael Houston stated that if 50% or greater were damaged they would not be able to rebuild. 7. Commissioner Daniels stated he would like to see this section of the Amendment removed and at least notify the storage facilities that this is being proposed by the City. It could affect their financing ability if they are unable to rebuild. Staff stated the Commission Could delete this section or send a recommendation to the Council that this item be brought back at a later date after notification to the storage facilities. 8. Commissioner Barrows asked why staff was making this recommendation. Staff stated there are very few vacant parcels left in the City where this use could be built and it is staff's belief that this use is not of an eGonomic benefit to the City. Commissioner Barrows stated that if they left the Code as it is currently, the use could be denied. Staff stated the findings for denial on a Site Development Permit could be difficult. 9. Commissioner Daniels asked if there was a better District for this use. Staff stated currently there is no Industrial Zone in the City with vacant land. Staff's concern is that they not be built along the Highway 111 corridor. 10. Commissioner Quill stated the property values along Highway 111 are such that it would be hard for a storage facility to financially build in this location. He asked how the Code could be amended to allow the existing facilities to continue or change over time as the market requires. Staff suggested that mini-storage facilities be conditionally permitted and ail I future mini-storage facilities would require a Conditional USl3 Permit which is a land use compatibility issue and findings for a denial can more easily be made if appropriate. The existing facilities would be allowed as they currently exist and if a change is needed they can apply for a conditional use permit. 11. There being no further questions of the staff, Chairman Alderson asked if there was any other public comment. There being no public comment, the public hearing was closed and open for Commission discussion. 4 Planning Commission Minutes September 11, 2007 12. There being no further discussion, it was moved and seconded by Commissioners Daniels/Quill to adopt Planning Commission Resolution 2007-039 recommending approval of Zoning Code Amendment 2007-090 as recommended and amended: a. Change the designation on Attachment 2: designation would be changed to a "C" for facilities. Current "P" mini-storage ROLL CALL: AYES: Commissioners Barmws, Daniels, Engle, Quill, and Chairman Alderson. NOES: None. ABSTAIN: None. ABSENT: None. BUSINESS ITEMS: C. Finding of General Plan Conformity for 19 CVWD Capital Projects pursuant to California Government Codl3 Section 65401; a request of Coach ell a Valley Water District (CVWD) for various CVWD projects through the City. 1. Chairman Alderson asked for the staff report. Planning Director Les Johnson presented the information contained in the staff report, a copy of which is on file in the Planning Department. 2. Chairman Alderson asked if there were any questions of staff. Commissioner Daniels asked if this process had been done previously. Staff stated it has been done whenever CVWD has asked for it. 3. There being no further questions of the staff, Chairman Alderson asked if there was any other public comment. There being no public comment, the public participation portion was closed and open for Commission discussion. 4. There being no further discussion, it was moved and seconded by Commissioners Daniels/Barrows to adopt Minute Motion 2007- 015 confirming a finding of conformity with the General Plan for various Coach ell a Valley Water District capital improvement projects throughout the City. Unanimously approved. CORRESPONDENCE AND WRITTEN MATERIAL: None. 'i Planning Commission Minutes September 11. 2007 COMMISSIONER ITEMS: A. Staff reviewed the new CVWD Landscape and Irrigation System Design Criteria. 1 . Commissioners discussed the impact of the new CVWD Ordinance on golf courses, smart controllers, and whatever water conservation measures the City could consider expanding upon. Commissioners directed staff to continue working on water features and landscape options. B. Staff gave a review of the City Council meeting of September 4, 2007. 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 to be held on September 25, 2007. This regular meeting was adjourned at 7:55 p.m. on September 11, 2007. Respectfully submitted, h