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2009 07 28 PC MinutesMINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 28, 2009 CALL TO ORDER 7:02 P.M. A. This meeting of the Planning Commission was called to order at 7:02 p.m. by Chairman Ed Alderson who asked Commissioner Wilkinson to lead the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. Staff present: Planning Manager David Sawyer, Assistant City Attorney Michael Houston, Principal Engineer Ed Wimmer, Assistant Planner Yvonne Franco, Assistant Planner Eric Ceja, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: None IV. CONSENT CALENDAR: Chairman Alderson asked if there were any changes to the minutes of July 14, 2009. There being no comments or corrections it was moved and seconded by Commissioners Wilkinson/Barrows to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Conditional Use Permit 2003-075, Amendment 1; a request by Milan Institute of Cosmetology, for consideration of a conditional use permit to increase the number of students per session for a beauty school within the Regional Commercial District IRCI located on the east side of Dune Palms Road, approximately 300 feet south of Highway 111 (47-120 Dune Palms Road). P:\Reports-PC\2009\9-8-09\PC MIN_7-28-09_Approved.doc Planning Commission Minutes July 28, 2009 Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Yvonne Franco 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 Weber asked for clarification of a possible conflict of interest since his church was looking at leasing property in the same general area. He had no connection to the negotiations, but wanted to make sure Counsel was aware of the relationship. Assistant City Attorney Michael Houston said there was no conflict since the Commissioner was not on the Board of Directors, but only a member of the Church. Commissioner Wilkinson asked about lighting in the rear portion of the building. Staff said lighting was addressed when the building was originally approved and they have received no complaints. Commissioner Wilkinson asked about hours of operation. Staff responded they were from 8:00 a.m. to 9:00 p.m. Commissioner Wilkinson said he was concerned about security, with the staff and students parking in the rear of the building. He wanted to make sure there was enough lighting and security to avoid any future problems. Chairman Alderson asked about how the spaces were allocated for the students. Staff explained how the building was divided and the requirements for parking; as well as the fact the applicant would have to meet all code requirements. Chairman Alderson asked if twenty students was the maximum allowed and how the applicant came up with that amount. Staff said the twenty-student-limit was proposed by the applicant. There being no further questions of the staff, Chairman Alderson asked if the applicant was available and would like to address the Commission. P:\Reports - PC\2009\'3-8-09\PC MIN 7-28-09_Approved.tlor, 2 Planning Commission Minutes July 28, 2009 Ms. Kathy Wohlford, 45-691 Monroe, Suite 2, Indio CA, representing Milan Institute of Cosmetology, introduced herself and provided background on herself and the Institute. She explained why they were interested in this location and how they decided on the number of students. She then offered to answer any additional questions. Commissioner Wilkinson asked about shift times. Ms. Wohlford explained the times and security procedures. She said she appreciated the Commissioner's concern about safety. Commissioner Weber asked Ms. Wohlford if the Milan Institute would be encouraging the staff and students to park in the rear of the building to allow the public to use the front parking spaces. Ms. Wohlford said yes and explained the transportation arrangements they have for their students; which emphasizes car pooling and the use of public transportation. She said most of their students do not own a vehicle. Commissioner Weber asked about their experience with the Indio campus. Ms. Wohlford gave anecdotal evidence of the parking experiences at the Indio campus. Commissioner Weber asked if they anticipated having a similar number of students in La Quinta. Ms. Wohlford said the La Quinta location would take a number of years to grow to the size of the Indio campus and they would probably not be using the full number of parking spaces to begin with. Commissioner Weber asked if Ms. Wohlford could speak about the layout of the interior area. Ms. Wohlford explained how they would be utilizing the layout; including the training and office areas, and said they would be operating much like an ordinary salon. Chairman Alderson commented that the last shift of students would be leaving at night and asked if there were pedestrian protection lights in the rear of the building. Ms. Patricia Wood, 47-120 Dune Palms, La Quinta CA, owner of the building, introduced herself and responded by saying there were wall- mounted lights and parking lot standards in the rear of the building. Chairman Alderson asked if there was any public comment. P:1Reports - PC\200919-8-09\PC MIN- 7-28-09_Approved.doc 3 Planning Commission Minutes July 28, 2009 ' There being no public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Planning Manager David Sawyer made a point of clarification stating the applicant had indicated they intended to grow. He wanted to make it clear, before the motion was made, the current application was for two shifts of 20 students (a total of 40) as proposed in the application and recommended by staff. He added the applicant had been advised they would have to come back for and additional amendment if they wanted more than that amount. There being no further discussion Commissioners Quill/Wilkinson tc approving Conditional Use Permit submitted. Unanimously approved. it was moved and seconded by approve Resolution 2009-020 2003-075, Amendment No. 1 as B. Conditional Use Permit 2009-119; a request by Royal Street Communications for consideration to allow the placement of roof- mounted equipment and telecommunication antennas with minor additions to the architecture of a commercial building located at 47- 647 Caleo Bay Drive. 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 Weber commented on the telecommunications equipment not requiring line-of-sight transmission since it was going to be fully screened. Staff said the equipment would be fully screened and not visible from the ground. Commissioner Weber reiterated the equipment did not need line-of- sight for transmission such as a monopalm does. Staff explained how the antennas worked, were placed, and the minimal visual impact they would have. P:Afteports - PCA2009A9-5-09APC MIN_7-28-09 Approved.AOC ~} Planning Commission Minutes July 28, 2009 Commissioner Quill asked what the uses of the antennas were. Staff responded it was for PCS, which is wireless telecommunication including phone service. Commissioner Quill asked what PCS stood for. Staff responded they were not sure but would defer to the applicant for an explanation. Chairman Alderson commented on the history of the building and stated that screening was extremely important. He asked staff to re- confirm there would be no visible impact from the addition of these antennas. Staff said they would not be visible. Chairman Alderson reiterated the only change you would see would be some slight modifications at the parapet edge, making the enclosure slightly larger in the same architectural style, and assuring it would look like a building alteration and not a screening. Staff responded that was correct. Commissioner Weber asked about the dimensions of the additional parapet screening. Staff gave the dimensions as noted in the staff report. Commissioner Barrows wanted to clarify a comment in the staff report on page 2, paragraph 5, sentence 1, which stated: "The six 16) panel antennas are approximately three 131 feet in height, and when placed on the buildings roof would be visible from public view." She asked if the comment regarding "visible from public view" was a typographical error. Staff responded it was a typographical error and the antennas would not be visible. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Ms. Veronica Arvizo, 350 Commerce, Suite 200, Irvine CA introduced herself and gave some background information on Royal Communications and stated they were a new PCS (Personal Communications Service) provider. P:\ReParts- PC1200919-8-09\PC MIN_7-28-09_Approved.doc 5 Planning Commission Minutes July 28, 2009 Commissioner Barrows asked for a definition of the personal communications service. Ms. Arvizo explained it was just like Sprint, Nextel, Verizon, and others. She explained they were a new carrier and had come out from the east coast; starting in the Los Angeles and San Francisco areas. They were now moving into the Coachella Valley. She said they were hoping to have their network up and running by next year. Ms. Arvizo had a question, for staff, regarding condition 2, which stated: "This permit shall expire on July 28, 201 1, unless cone-year time extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the Zoning Code." Ms. Arvizo asked if that was before the Building Permit was applied for or was that for the entire use. Staff explained the condition was included so that if the Building Permit, or improvements, were not in place the applicant would need to go back through a time extension. Ms. Arvizo brought some sample parapet material and explained it was what the signal would go through. She added that she had driven by a building site in Corona and the material blended so well you could not see the alterations to the building. She then passed the sample on to the Commissioners and said it would be painted to match the building. Chairman Alderson asked if this was the product which would be the veneer of the extension of the building. Ms. Arvizo said that was correct. Commissioner Weber said the applicant mentioned they were starting service out here and asked if they had other tower sites as well as the ones that were proposed in La Quinta. Ms. Arvizo explained how many sites she was responsible for and Royal Street Communications efforts to be sensitive to the proliferation of towers, by co-locating when possible. P~.AHeports - PC1200919-&09APC MIN_7-28-09_Approved.doc 6 Planning Commission Minutes July 28, 2009 Commissioner Weber asked about the contracts Ms. Arvizo already had and whether she was in the process of doing that for the other sites that were needed in La Quinta. Ms. Arvizo said they had three applications in, but for the entire La Quinta area they would have four. They still had one more search ring for which they were trying to locate a tower. Commissioner Weber said the Commission was very sensitive to comments from the Lake La Quinta residents. He asked if it was part of Royal Communications' business plan to contact potentially affected homeowners' associations. Ms. Arvizo said, generally speaking, jurisdictions notify them of any homeowners' association in the vicinity. In this case they did send out the hearing notice to all property owners within a 500 foot radius. She said she read the letter (previously mentioned) and drove by the property; which was actually located east of the building. In reading the letter it was unclear as to whether the homeowner understood it was going to be completely screened. She said staff spoke to the homeowner and told them the equipment would be completely screened. Commissioner Weber said he visited the site and the address on the letter and could attest it would be hard for any addition to the building to be significantly noticed by that location. He said they were across the waterway and had additional houses, and the La Quinta Inn Bed and Breakfast there, so they had a lot of other visual issues there. He added that the letter writer's comment that "...the property would be less valuable because the view would be obstructed..." was probably not accurate. Chairman Alderson asked if the Royal Street Communications would be doing the physical construction of the project. Ms. Arvizo explained Royal Street Communications bids out the construction but it is all managed under an in-house construction manager. Chairman Alderson asked if there was any public comment. There being no public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. P:1Reports - PCA2009A9-S-09iPC MIN_7-2H-09_Approved.dac "J Planning Commission Minutes July 28, 2009 There was no further discussion and it was moved and seconded by Commissioners Quill/Weber to approve Resolution 2009-021 recommending approval of Conditional Use Permit 2009-119 as submitted. Unanimously approved. C. Conditional Use Permit 2009-063, Amendment 2; a request by Royal Street Communications for consideration to allow the co-location of six panel antennas on an existing telecommunication monopalm tower located at 46-600 Adams 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 Weber commented on the photos and the fact that they showed that the monopalm did blend in. He did point out the dead palm and condition number 30, page 14, which stated: "The applicant shall replace the 'dead' palm tree at the site and replace it with one (11 forty (40) foot tall palm tree in close proximity to the existing monopalm tower. The applicant is responsible for the health and maintenance of the palm tree and shall be responsible for the palm trees replacement if determined necessary by the City." He then asked if, at some point, the height of the nearby palm trees would affect the transmission at this facility and have to be replaced. Staff stated they vvere not aware of how the growing palms would affect future transmission at this site but the intent of the condition was to make sure the tower would be further screened with the addition of that palm tree. Commissioner Quill stated, as a side note, that the tower elevation appeared to be 55 feet, on a 68 foot tower, and generally speaking date palms died before they got over 45 feet. They generally do not grow that high. P:\Reports- PC1200919-8-09\PC MIN-7-28-09_Approved.doc $ Planning Commission Minutes July 28, 2009 Chairman Alderson suggested the applicant might want to look into why the current palm tree died, to avoid its replacement having the same problem. He also asked if the applicant had an easement for additional ground equipment to expand their ground facilities; and did that lease negotiation have to be completed as part of their conditions. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Ms. Veronica Arvizo, 350 Commerce, Suite 200, Irvine CA said Chairman Alderson was correct and offered to answer any additional questions. There being no further questions of the applicant Chairman Alderson asked if there was any public comment. There being no public comment, 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 Quill/Wilkinson to approve Resolution 2009-022 recommending approval of Conditional Use Permit 2009-063, Amendment 2, as submitted. Unanimously approved. VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None VIII. COMMISSIONER ITEMS: A. Report on City Council Meeting of July 21, 2009, from Commissioner Quill. Commissioner Quill was unable to attend on that date, however Commissioner Weber was in attendance and gave a brief rundown on some of the items discussed. Discussion followed regarding of the loss of State Funds, its effect on cities' redevelopment funds, and the possibility of local jurisdictions seeking legal recourse. PAReports- PC12009A9-8-09APC MIN_7-25-09_Approved.doc 9 Planning Commission Minutes July 28, 2009 Commissioner Wilkinson introduced the subject of the Commissioners opting to reduce, or eliminate, their stipend. Assistant City Attorney Houston explained what determined the payments and stated the Commissioners were not required to accept the funds. He then explained the procedures the Commissioners could follow to make any changes to their payouts. B. Chairman Alderson noted Commissioner Weber was scheduled to report on the City Council Meeting of August 4, 2009. C. Chairman Alderson reminded the Commissioners that the Council would be dark August 18`h and September 151 and the Planning Commission would be dark the entire month of August. IX: DIRECTOR ITEMS: None X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Barrows/Weber to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on September 8, 2009. This regular meeting was adjourned at 7:56 p.m. on July 28, 2009. Respectfully submitted, GUS~~ Caroly~'~, Executive Secretary City of La Quinta, California P:AReports- PCA2009A9-8-09APC MIN_7-28-09_Approv~rl.doc ]~