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2009 03 24 PC MinutesMINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 24, 2009 CALL TO ORDER 7:03 P.M. A. This meeting of the Planning Commission was called to order at 7:03 p.m. by Chairman Ed Alderson who asked Commissioner Quill to lead the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant City Attorney Michael Houston, Principal Planner Andrew Mogensen, Assistant Planner Eric Ceja, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: Chairman Alderson asked if there were any changes to the Minutes of the Regular Planning Commission Meetings of February 24, 2009, and March 10, 2009; as well as the Special Joint Meeting of March 10, 2009 which included the Planning Commission and the Architecture and Landscaping Review Committee (ALRC). There being no changes, or corrections, it was moved and seconded by Commissioners Barrows/Wilkinson to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Conditional Use Permit 2008-118; a request by Verizon Wireless for consideration to allow the construction of a 72 foot high telecommunications monopalm tower and 830 square foot equipment shelter to be located at 54-001 Madison Street at Riverside County Fire Station No. 70. P:\Reports - PC\2009\4-14-09\PC MIN_3-24-09_Approved.doc Planning Commission Minutes March 24, 2009 Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any comments from the Commissioners. There being none, Chairman Alderson then asked if there were any questions of staff. The Commissioners asked for clarification of the service area chart as shown on the overhead screen. Staff explained what each of the color codes represented. Commissioner Quill asked about the possible sharing of poles. Staff explained the provisions of shared-use on towers and the difficulty of screening additional antennas with this type of tower design. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Robert McCormick, representative for Verizon Wireless, 27 Via Granada, Rolling Hills, California 90274, introduced himself and said he was available to answer questions. Chairman Alderson asked if he was comfortable with all the conditions in the staff report, including the height limitation. Mr. McCormick said he was. He then explained the design and operation of the monopalm, and the height needs. He did say they would prefer to have the full height of 72 feet, not the 55 feet as conditioned in the staff report. Commissioner Wilkinson asked about the existing tower of 62 feet and the reduction of the proposed tower to 55 feet. He asked for clarification on the height deviation. Mr. McCormick explained the need for a separation of height between the two towers. Commissioner Wilkinson asked about the "after" picture shown on the overhead screen, which included a white circled area. Mr. McCormick explained that area was just to show where the towers would be located. He then went over the whole map including the results shown in the green area. P~'~.Repotts - PC~.7_009'.a-74-09':~C MIN_3-24-p9_Appraved.dac 2 Planning Commission Minutes March 24, 2009 Commissioner Quill asked if the client was doing a ground lease from the County or the City. Mr. McCormick said it was from the City. Chairman Alderson asked about the location on Spanish Bay. Mr. McCormick stated their initial objective of coverage and explained why they chose that particular area. Commissioner Weber asked where the Verizon towers were located on the map. Mr. McCormick pointed them out to the Commissioners. Commissioner Weber asked if additional towers would be needed at a future date. Mr. McCormick said they would and explained where they would be needed. Commissioner Weber asked about the other tower on the property and if it was approximately the same height as this tower. Staff gave an explanation of the other tower and its height. Commissioner Weber said he went to the site and commented that this tower would blend in well. He asked if the applicant was happy with the height. Mr. McCormick said he accepts the conditioned height but would prefer the height they initially requested and explained how the tower worked. He also commented on the care and concern of the nearby landscaping. Commissioner Weber asked if the height restriction was included so the project would be in compliance with the City's Municipal Code. Staff explained the Code, as well as the co-location provision, and said it was to reduce the overall impact of the towers on the surrounding neighborhood views. Commissioner Weber said there was obviously a concern if coverage was degraded significantly. There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Pc'_Roports PCi.2009'-4 14 09`PC MIN_3 2~ 09 Approved Aoa 3 Planning Commission Minutes March 24, 2009 There was no further discussion and it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2009-010 recommending approval of Conditional Use Permit 2008-118 as conditioned. Unanimously approved. B. Sign Program 2009-1356; a request by Eisenhower Medical Center for consideration of a proposed Sign Program for Eisenhower Medical Center Identification and Monument Signage at the Centre Pointe Development located at the southeast corner of Seeley Drive and Washington Street. Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Quill asked about visual impact, of the north facing sign, on the adjacent residential area. Staff said the sign was south of Seeley and referenced item number 3 on the map provided. Staff said the sign actually faced northeast and would not be visible to homes just to the east. Staff said there is some space between the building and the existing neighborhood and it is anticipated there will be additional development in between thus lessening the visual impact. Commissioner Quill asked if nearby neighbors had received public hearing notices, and were there any responses. Staff said they did and staff received one phone call but it was of an inquiry-only nature. Commissioner Weber asked about page three of the staff report and the nearby Reunion Neighborhood. Staff said the Tract Map referred to the neighborhood as the Reunion Neighborhood but it was actually the Desert Pride development. Commissioner Weber said the staff recommended the Express Clinic signs be separated out. He asked if there had ever been similar sign requests like that and asked for some background on the matter. Staff said they haven't really seen this applied to very many projects before but this project deals with medical use and there were PC.Reports - PC~.2009`,4-14-09'~PC ^dIN_3-24-09_Approved.dac 4 Planning Commission Minutes March 24, 2009 provisions in the Sign Code that allowed it to be reviewed at staff level. That was the reason it was not included in the staff report as part of the overall Sign Program. Chairman Alderson asked about the square footage of the signs and if the square footage was within the limits of the City's Code. Staff explained the Code and their findings that additional sign area was needed to be architecturally compatible. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Jim Cross with Best Signs (representing Eisenhower Medical Center), 1515 Gene Autry Trail, Palm Springs, California, introduced himself and offered to answer any questions. Commissioner Weber said there was a question about the exact location of the monument sign on Seeley Drive and asked if Mr. Cross could clarify this question. Mr. Cross said they wanted to make sure that the sign coincided with the landscape and was compatible with the location of Seeley Drive. There is only one entrance into the property so the sign would be close to the drive in the best visible area and not obstructed by landscape and does not violate City code. We know it will be at the entrance but cannot provide an exact site plan at this time. Commissioner Weber asked if the applicant was willing to work with staff on this issue. Mr. Cross said he was. Mr. Charles Morris, Project Manager for Eisenhower Medical Center, 39-000 Bob Hope Drive, Rancho Mirage, California, introduced himself and offered to answer any questions. Chairman Alderson asked if there was any public comment. There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Wilkinson commented on the two entrances on Seeley; including the emergency entrance and asked if there was a sign application for the second entrance. Mr. Cross said that was a fire road and there would be no sign there. Commissioner Wilkinson PaReports - PC' 2009'4-14 09\PC MIN 3 24 09 Apprpvacl.dor. S Planning Commission Minutes March 24, 2009 asked if that was for emergency access only. Mr. Cross said it was and they did not want to encourage the public's use of that road. Commissioner Quill complimented the applicant on a very thorough set of plans with good detail. Chairman Alderson commented it was a fine looking sign. There was no further discussion and it was moved and seconded by Commissioners Weber/Barrows to approve Minute Motion 2009-004 approving Sign Program 2009-1356 as conditioned. Unanimously approved. C. Sign Program 2006-1078, Amendment No. 1; a request by Highland Development Sign Company for consideration to add an additional freestanding monument sign for the Dunes Business Park located on the north side of Highway 1 1 1, approximately 1,000 feet east of Dune Palms Road. Chairman Alderson opened the public hearing and asked for the staff report. Planner Manager David Sawyer announced to the Commission that since the writing of the staff report, a letter was received from one of the site's property owners, expressing concerns regarding a conflict with the application and the CC & R's of the Center. Staff presented a memo referencing the letter and requested the item be continued to April 14, 2009. Chairman Alderson asked if the letter-writer, Mr. Lowden, was an owner or a tenant. Staff said there were five buildings on the site and he was the owner of the rear building. The letter mentions questions regarding the number and usage of monument signs in the development's CC & R's. He then requested an opportunity to work with staff and the applicant to work out the details. Chairman Alderson opened the public hearing. There was no further discussion and it was moved and seconded by Commissioners Barrows/Wilkinson to continue Sign Program 2006- 1078, Amendment No. 1 to the meeting of April 14, 2009. Unanimously approved. P'~.Reports - PC`.2009`:4-14-09`~.PC MIN_3-24-09_Approved.doc Planning Commission Minutes March 24, 2009 D. Zoning Code Amendment 2008-096; a request by staff for consideration of the following amendments to the La Quinta Municipal Code: 1. To update the list of established zones (9.20.010); 2. to identify the effective date for Low Density Residential Zoned lots which are permitted a ten foot rear setback (9.50.030); 3. to identify the correct Cove Residential minimum dwelling unit size in Table 9-2 (9.50.030); 4. to identify provisions for the use of vinyl fencing materials (9.50.090); 5. to correct the Guesthouse Provisions in the Residential Table of Permitted Uses (9.60.100); 6. to require a Specific Plan in certain Commercial Zoning Districts for all projects over ten acres in size (9.70.030 & 9.90.040); 7. to identify Tobacco, Off-Site Care Sales, and Ice Skating Related Uses in the Non-Residential Table of Permitted Uses (9.80.040-; 8. to establish Sunset Provisions for inactive and incomplete applications (9.200.070 & 13.04.080); 9. to specify criteria for Modification by Application procedures (9.200.090); 10. to correct the Mandatory Findings of Approval for Tentative Tract Maps (13.12.130); 11. to specify the timing of land dedications and parkland fees (13.48.080); 12. to correct and remove Parkland policy references to an outdated version of the General Plan (13.48.090 and Appendix to 13.48). to effect locations City-wide. Chairman Alderson asked for clarification of the distinction of the two resolutions requested by the staff report. Staff responded the resolutions referenced changes under Titles 9 and 13. The resolutions were to be split accordingly. With that clarification, Chairman Alderson then opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen presented the staff report, a copy of which is on file in the Planning Department. P:\Roports PC~.2009\4 14 09\PC M!N 3-24 09 ApProved.dor. 7 Planning Commission Minutes March 24, 2009 Chairman Alderson asked if there were any questions of staff. Commissioner Quill asked about the Parkland Fees issue, as he was confused about the timing involved. He gave the example of today's economic timing and how it could be advantageous to a developer. He said he would like collection to remain at the time of the Tentative Tract Map. Commissioner Quill asked how the fees were calculated. Staff further explained the assessment and timing on the assessments of the properties. Commissioner Quill asked if they were based on the Tax Assessor's rolls. Planning Director Johnson said it was actually done by an appraisal to assure an accurate representation. Planning Director Johnson also stated that the City had previously missed some Quimby Fee collection due to the timing of the development of land. He added that in the current market, it is to the advantage of the developer, and is not always to the advantage of the City. He then explained the valuation would be done just prior to the Final Map being brought before the City Council. He added, further, there was a five year statute of limitation on the City being allowed to use the collected Quimby fees. He also gave examples of fees being paid and the final map not being recorded and how the City was now responsible for refunding those fees. Commissioner Quill commented on these economic times being problematic and said developers could now max out their extensions waiting to get the property sold or developed on Tentative Tract Maps. Commissioner Wilkinson asked about the scenario of a development going back to the bank or receivership and asked if there was a point where the fees were re-evaluated. Planning Director Johnson said what staff proposed was that the valuation would be based on the time of the Final Map and prior to City Council approval. The formula and the amount would have to be approved prior to it being scheduled for City Council's acceptance of the Final Map. Then what typically happens is the fee is either paid prior or it is paid right after City Council approval. There is a 30-day window from City Council approval to secure all the Subdivision Improvement Agreement Bonds and any other extenuating matters would have to be addressed, P:~Reports - PC`.2009'.4-14-09'~.PC MIN_3-2409_Appruved.doc $ Planning Commission Minutes March 24, 2009 including a Quimby Fee payment, before an applicant can record their map. He said there were a few situations where there was a map still in the tentative state, which had not been finaled yet and explained the status of those developments and the advantages/disadvantages of the change in the Code. Commissioner Wilkinson asked about the change in valuation on those examples. Planning Director Johnson explained that staff did not receive a current valuation as the developers did not do a current appraisal. The then explained the procedure staff followed to establish the valuation. Commissioner Wilkinson asked staff if the Tentative Tract Map were allowed to expire would the applicant have to come back, re-apply, and start over with a current valuation. Staff responded if the Tentative Tract Map expired they would have to start over again. They would then be subject to requesting a refund of those dollars. Once they go back to the entitlement stage of the map then the City would address it accordingly. The key issue is the requested change is a cleaner way of approaching it and getting a true valuation of the property. Commissioner Quill asked about the selection of Code sections for update and said he was very impressed with staff's thoroughness. He expressed the fact there had been various problems, in the past, because of minor changes such as these not being updated. Staff explained how the list was compiled and said the Zoning Code is an evolving document. The Commissioners were alerted to the fact they would be seeing future updates, possibly on an annual basis. Commissioner Quill asked about the heavy restriction of ice skating rinks and said they should be allowed in a more zoning areas. Principal Planner Mogensen said the Table of Permitted Uses only identified the zones outlined in the staff report. Discussion followed on each of the zones listed and their uses followed by an explanation of staff's methodology of how those items were listed on that Table. Commissioner Quill commented on the current ice skating facility and how it was adapted for this use. He commented on the possibility of a large commercial building being vacated and becoming available for use as an ice skating rink. He commented that would not be an obtrusive use and outlined the possible nuisance issues. He added P;`.Repnrts PC`~.2009`~.4 ? 4 09\PC MiN 3 24 0° Approved.Aoc q Planning Commission Minutes March 24, 2009 comments on allowing this use in a Tourist Commercial area and wanted the allowance of this use to be opened up a bit more. Chairman Alderson asked if an ice skating rink could, basically, be placed anywhere if a Change of Zone was requested by the applicant. Staff responded there was a caveat on districts and the change could be reviewed by the Planning Director. The appropriate procedure would be to apply for a Conditional Use Permit. Staff then explained some of the problems they had experienced with the current ice skating facility, but said these types of uses are regional draws and they are open to whatever direction the Planning Commission wanted to provide. Commissioner Quill suggested it could be considered under "PR" Zoning. Commissioner Barrows had some concerns on the matter of vinyl fencing and asked if there was any potential for the inclusion of recycled wood. Staff responded there was specific criteria for the types of wood which could be used. Commissioner Quill commented on the possibility of using a product such as Trex which is a composite wood and plastic product and Commissioner Barrows stated it could be considered a type of wood. Staff said it would be interpreted as compatible with vinyl. Commissioner Barrows said she just wanted to make sure it was not prohibited. Chairman Alderson asked if it would be viewed positively. Staff responded it would not be viewed from the street and would probably be viewed positively. Staff responded they could make sure the language would provide for a product like Trex. Commissioner Barrows commented on the addition of Trex or recycled wood products. Staff asked if there was a specific name of that material; instead of a brand name. Commissioner Quill responded it was a recycled material. F~'~,ftep~rts - PC,2009r4-14-09'~.PC MIN_3-24-04_ApProveddoc jQ Planning Commission Minutes March 24, 2009 Commissioner Wilkinson said staff might want to include the word reinforced, in reference to the vinyl fencing; as the product might bend. Commissioner Barrows said unreinforced vinyl had not been used successfully around the nature preserve. Chairman Alderson asked if the Commissioners could add a condition to this Section. Planning Director Johnson suggested "recycled products" be incorporated in with the vinyl fencing material. Staff will take the information and research if further to make whatever changes are necessary to make it work. Staff suggested the wording should say "vinyl or similar recycled product." Commissioner Barrows said yes, that would work. Commissioner Wilkinson asked what areas the ten foot rear setback applied to. Staff responded it was Low Density Residential. Commissioner Wilkinson commented on the City's S.O.B. law and the Assistant City Attorney Houston responded it was included in order for the City to be able to regulate it. There being no further questions of the staff, Chairman Alderson noted the applicant was the City so there would be no introduction of the applicant. He then asked if there was anyone from the public present who wished to make any comments. There being none, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. There was no further discussion and it was moved and seconded by Commissioners Barrows/Quill to approve Resolution 2009-011 recommending approval of Zoning Code Amendment 2008-096 with the following additions: 1. Section 9.40.04 of the La Quinta Municipal Code which permits wood fencing in the rear or interior side yards, and then only if not visible from the street will be amended to include vinyl or similar recycled material. Unanimously approved. P~~.Rennris PC 90(19'..4 14 09'~.PC MIN 2 94 (19 Annrnvnd dnc 1 1 Planning Commission Minutes March 24, 2009 There was no further discussion and it was moved and seconded by Commissioners Barrows/Weber to approve Resolution 2009-012 recommending approval of Zoning Code Amendment 2008-096 as submitted. Unanimously approved. VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None VIII. COMMISSIONER ITEMS: A. Chairman Alderson reported on the afternoon session of the City Council meeting of March 17, 2009, including the discussion of SilverRock Commissioner Wilkinson reported on the evening session, including details of the Monroe Dates and Mayer Villa Capri projects which were previously approved by the Planning Commission. B. Chairman Alderson noted he was scheduled to report back on the April 7, 2009, Council meeting. D. Commissioner Quill suggested staff check the availability of a ULI reference book which provides a definition of active adult communities. He suggested this would be a very helpful book to staff. Staff said they would look into it. IX: DIRECTOR ITEMS: A. Reminder of Planners Institute Conference beginning March 25, 2009. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Quill/Barrows to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on April 14, 2009. This meeting was adjourned at 8:34 p.m. on March 24, 2009. Respectfully submitted, Carolyn V Iker, Executive Secretary City of La Quinta, California P '~.Reporis - PC~2009'~4-14-09'~.PC MIN_3-2.4-09_Approved.doc ]2