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2007 11 13 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La QUirha, CA November 13, 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 Barrows to lead the flag salute. Chairman Alderson introduced Robert Wilkerson to the Commission and asked him to give a short history of himself. B. Present: Commissioners Katie Barrows, Jim Engle, Paul Quill, Robert Wilkinson, and Chairman Ed Alderson. C. Staff present: Assistant City Manager Doug Evans, Planning Director Les Johnson, Assistant City Attorney Michael Houston, Planning Manager David Sawyer, Principal Planner Andrew Mogensen, Assistant Planner Eric Ceja, 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 October 9, 2007. There being no changes, it was moved and seconded by Commissioners Engle/Quill to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Conditional Use Permit 2007-106; a request of PetSmart #1230 for consideration of a request to allow two outdoor metal containers for the temporary storage of seasonal merchandise at the rear of the building from October 15, 2007 through January 4,2008 for the property located at 79-375 Highway 111, within the Centre at La Quinta Shopping Center. 1 . Chairman Alderson opened the public hearing and asked for the staff report. Associate Planner Eric presented the information C:\Documents and Senings\cwalker\local Settlngs\Temporary Internet Files\OLK5B\l1-13-07 .doc Planning Commission Minutes November 13, 2007 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 Quill noted the containers were at least screened and the applicant had responded to the City's letter in regard to storage containers during the holiday season. Planning Director Les Johnson noted this was the first request staff had received from any of the retail stores, but the applicant did place the containers before receiving approval. Code Enforcement is working with staff to continue to resolve the problem staff faces each year. Commissioner Quill asked how long this store has been open. Staff stated approximately three years. Commissioner Quill stated this again is a business that is newly constructed and here they are asking for additional space for seasonal sales. Staff stated they have been inquiring of the major stores of their seasonal needs during discussions prior to approval by the Commission and/or Council. 3. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. The applicant declined to speak. 4. There being no other public comment, the public hearing was closed and open for Commission discussion. 5. Commissioner Barrows asked if staff's letter clearly states that a permit is required before the storage containers can be placed on site. Staff stated yes, but they could enhance on the letter and send it out earlier next year to encourage compliance. 6. Chairman Alderson asked that on the major businesses he would request this issue be addressed during the application and approval process. 7. There being no further discussion, it was moved and seconded by Commissioners Engle/Barrows to adopt Planning Commission Resolution 2007-044 approving Conditional Use Permit 2007-106 as recommended. ROLL CALL: AYES: Commissioners Barrows, Engle, Wilkinson and Chairman Alderson. NOES: Commissioner Quill. ABSTAIN: None. ABSENT: None. 2 Planning Commission Minutes November 13, 2007 B. Site Development Permit 2007-892; a request of Tarlos & Associates for consideration of architectural and landscaping plans for a 7,000 square foot restaurant to be located south of Highway 111, southwest corner of Depot Drive in the Komar Desert Center. 1. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen 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 Engle commended the applicant on the architecture and landscaping of the building. 3. Commissioner Quill asked if they were approving the landscaping plan as well. Staff clarified only the landscaping around the perimeter of this building. The Center's landscaping has already been approved. The applicant is only responsible for the pad site itself. Commissioner Quill asked about the color combination; are they more compatible with the Center than the exhibits show. Staff stated they are similar colors and do blend with the Center. 4. Commissioner Wilkinson noted the service container should be better screened. 5. Chairman Alderson agreed the trash container is right up front and even though he notes there isn't a better location, it should be better screened. Had there been any discussions regarding moving the building further to the east. Staff stated the pad was designed without knowing the tenant. Planning Director Les Johnson noted the number of times staff had met with the applicant regarding the design and layout of the building and this was the best alternative for this site. Chairman Alderson asked about the on-site drainage. Principal Engineer Ed Wimmer stated the drainage was reviewed at the time the Center was approval. It is a vault that is self contained. 6. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Mark Waver, representing Tarlos & Associates, stated he was available to answer any questions. 3 Planning Commission Minutes November 13. 2007 7. Commissioner Quill asked if the signage was part of the application. Staff stated no, there would be a separate sign program for the entire Center brought forward at a later date. 8. Commissioner Barrows stated she would like to see more vertical landscaping along the walls. Mr. Waver, landscape architect for the project, explained the landscape plan. 9. Chairman Alderson noted the masonry columns on the building and asked if this was similar to what was approved for the Mimi's Restaurant. Mr. Waver stated it should be as this was discussed with staff. Planning Director Les Johnson stated they were assured the material would be consistent, but the color may be different. 10. Commissioner Quill noted the materials and colored boards were not provided. Mr. Waver stated they had originally been submitted but with all the changes they have made, they were unable to obtain all the new samples. 11 . There being no further questions of the applicant, 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. 12. Commissioner Engle stated he likes the architecture and landscaping. 13. Commissioner Barrows stated she is not seeing the conditions recommended by the Architecture and Landscaping Review Committee. Staff stated the applicant has already added them into their plans so staff did not add them to the conditions. 14. Commissioner Quill stated there is no condition that there will be consistency with regard to the colors and materials. Staff noted it is contained in the Specific Plan for the Center. Should the Commission desire, conditions could be added to this permit. Commissioner Quill asked that a condition be added to reflect this. 15. There being no further discussion, it was moved and seconded by Commissioners Engle/Quill to adopt Planning Commission Resolution 2007-045 approving Site Development Permit 2007- 4 Planning Commission Minutes November 13, 2007 892, as recommended and amended: a. Condition added: The materials shall be consistent with the remainder of the Center. ROLL CALL: A YES: Commissioners Barrows, Engle, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSTAIN: None. ABSENT: None. C. Zoning Code Amendment 2007-094; a request of the City for consideration of an Amendment to Title 9, Chapter 9.60 of the La Quinta Municipal Code to modify the City's density bonus and affordable housing incentives in accordance with State law. 1 . Chairman Alderson opened the public hearing and asked for the staff report. Planning Manager David Sawyer presented the information contained in the staff report, a copy of which is on file in the Planning Department 2. Chairman Alderson asked if this was a mandate would it also encourage the developers to provide affordable housing within their market rate homes. Planning Director Les Johnson clarified that the City is required to meet its allocation of affordable units. Even though this ordinance is relatively new and a lot to understand, it does provide an opportunity for the City to meet its obligations in regard to housing. 3. Chairman Alderson asked if there were any questions of staff. Commissioner Quill asked where you find the definition for very low-, low-, and moderate-income. Assistant City Attorney Michael Houston stated it was within the State Health and Safety regulations. It is usually less than 50% of the median for the County they live within. Commissioner Quill asked if the City had the ability to define that number for the applicant. Also, is this verbatim from the Government Code. Assistant City Attorney Michael Houston stated yes, because essentially we are not able to deviate from it except in very few areas. Commissioner Quill clarified that even if this was not adopted it was a State law. Assistant City Attorney Michael Houston stated yes. There has been a lot of discussion within several communities and the decision was made to conform to it to avoid confusion. Commissioner Quill asked for the definition of equity sharing. Assistant City Attorney Michael Houston stated the City's 5 Planning Commission Minutes November 13, 2007 Municipal Code and the practice of the City is to require equity sharing despite the recent changes and this has been done through deed restrictions for affordable uses. The change with this Code section is that with respect to moderate-income for sale for common interest units there is now a requirement under State law that there be an equity sharing agreement. The owner if he sells it they are allowed to recoup their purchase price, any improvements they have put into it, and 50 percent of the appreciation. The Agency would receive the other 50 percent to continue funding affordable housing. Commissioner Quill asked if there was the ability to reduce two development standards; is that the developer's choice or the City's. Assistant City Attorney Michael Houston stated the way the law is written the developer would indicate how many affordable units they intend to build they are entitled to "X" number of incentives. This is the minimum number they are allowed, the City can grant more. It is their option to request, and the City is restrictive in what it can do to deny their request. Should the City not want to grant their request, the City must make findings to show that it would be a significant adverse impact to the community. Discussion followed. 4. Chairman Alderson asked if this applies to the current affordable housing we have in place. Assistant City Attorney Michael Houston stated there is a difference in the equity sharing agreements between what the City does as compared to what the Agency does. What this statutory change does is a circumstance desires to take advantage of density bonus incentives and has with respect to the equity sharing agreements, has moderate- income for sale or common interest development. The revised equity sharing agreements only applies to moderate-income households. The distinction is that if you buy a home from the Agency and you sell it, the Agency will receive all the profit. In addition, the Agency has the first right of refusal to purchase the property to keep it within the affordable housing covenants. The difference is this is an incentive to get developers to provide the City with more moderate-income units. 5. There being no further questions of the staff, Chairman Alderson asked if there was any public comment. There being no public comment, the public hearing was closed and open for Commission discussion. 6 Planning Commission Minutes November 13, 2007 6. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to adopt Planning Commission Resolution 2007-046, approving Zoning Code Amendment 2007- 094, as recommended. ROLL CALL: AYES: Commissioners Barrows, Engle, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSTAIN: None. ABSENT: None. BUSINESS ITEMS: None CORRESPONDENCE AND WRITTEN MATERIAL: None. COMMISSIONER ITEMS: A. Chairman Alderson gave a review of the City Council meeting of November 27, 2007 and the Chamber Workshop meeting. B. Commissioner Quill asked what alternative the City has to enforce major stores from placing the storage containers behind their stores for the holiday season. Planning Director Les Johnson stated the Planning Department is working in conjunction with the Code Compliance Department to act upon the violations as soon as they are seen. C. Planning Director Les Johnson introduced David Sawyer who has been hired as the Planning Manager for the City and stated he has been a great addition to the staff. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Barrows/Quill to adjourn this regular meeting of the Planning Commission to a regular meeting to be held on November 27, 2007. This regular meeting was adjourned at 8:18 p.m. on November 13, 2007. Respectfully submitted, 7