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2010 02 23 PC MinutesMINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA February 23, 2010 7:02 P.M. CALL TO ORDER A. A regular meeting of the La Quinta Planning Commission was called to order at 7:02 p.m. by Chairman Alderson. PRESENT: Commissioners Barrows, Weber, Wilkinson, and Chairman Alderson ABSENT: Commissioner Quill STAFF PRESENT: Planning Manager David Sawyer, Assistant City Attorney Michael Houston, Principal Engineer Ed Wimmer, Principal Planner Stan Sawa, Assistant Planner Eric Ceja, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Chairman Alderson requested that Items A and B be reversed in order to accommodate the audience members. IV. CONSENT CALENDAR: It was moved by Commissioners Weber/Barrows to approve the minutes of February 9, 2010, as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Environmental Assessment 2009-607, General Plan Amendment 2009-120 Zone Change 2009-138 and Tentative Tract Map 35996; a request by Shea Homes for Travertine Corporation for consideration of: 1) a General Plan Amendment for 9.02 acres from Low Density Residential with an Agricultural/Equestrian Overlay to Medium Density Residential, 2) a Zone Change from Low Density Agriculture/Equestrian Residential to Medium Density Residential, and 3) Tentative Tract Map to subdivide the 9.02 acres into 36 single Planning Commission Minutes February 23, 2010 family lots and several miscellaneous lots, all of which will become a part of Trilogy. The project location is east of CVWD Dike #4, between Avenues 60 and 62, and west of the Trilogy project. Chairman Ed Alderson recused himself from participating in Public Hearing Item A due to the proximity of his residence to the project. Principal Planner Stan Sawa presented the staff report, a copy of which is on file in the Planning Department. He referenced the distribution of a Public Works memorandum which included amendments to the conditions of approval for .the Environmental Assessment and Tract Map. Vice Chairperson Barrows asked if there were any questions of staff. Commissioner Weber asked if the amendment meant the traffic signals would be installed. Principal Engineer Ed Wimmer gave a summary of the memo and its implications on the Environmental Assessment and Tract Map applications. There being no further questions of the staff, Vice Chairperson Barrows asked if the applicant would like to make any comments. Mr.-Perry Devlin, Shea Homes, 18 Brentwood, Trabuco Canyon CA 92679, introduced himself and said the most critical component, of the project, was that the majority of the Trilogy community voted overwhelmingly in favor of this annexation and solved some of the their concerns for the property. He added they appreciated staff's cooperation and stated he was available to answer any questions. Commissioner Wilkinson asked about the annexation process which Mr. Devlin explained. Commissioner Weber had some questions about pad elevation heights. Mr. Devlin went over the various pad elevations throughout the project. There being no further questions of the applicant, Vice Chairperson Barrows asked if there was any public comment. Mr. Marvin Roos, Mainiero Smith & Associates, 34-200. Bob Hope Drive, Rancho Mirage CA said he had been working with Shea and gave some background on .the project. He discussed pad elevations, 2 Planning Commission Minutes February 23, 2010 sewer easements, and traffic signals; as well as how the traffic signal costs are recovered and how the fee would be a fair share assessment. He also discussed the solar orientation of the lots to the west. Commissioners Weber and Wilkinson had several questions about street access, whether the street would become a point of entry and what type of gate was planned. Mr. Roos gave a detailed explanation of the access. Mr. Richard Anderson, 60-445 Juniper Lane, La Quinta CA - (President of the Trilogy at La Quinta Maintenance Association) introduced himself and said the Homeowners' Association was in support of this application. They voted overwhelmingly to annex the property to Trilogy. Vice Chairperson Barrows asked if there was any opposition to this annexation. Mr. Anderson said it was a community vote with more than two-thirds of the ballots returned and 90% approval. Vice Chairperson Barrows asked for clarification that the Commission would be approving the final landscape plan and suggested native plants be included in those plans. Staff said the final landscape plans would come back with the Site Development Permit for approval. There being no further public comment, Vice Chairperson Barrows opened the matter for Commission discussion. There was general discussion about the process and staff's efforts with the developer. There being no further discussion and it was moved and seconded by Commissioners Weber/Wilkinson to approve Resolution 2010-003 recommending approval of Environmental Assessment 2009-07 with Item Number 2 of the Environmental Assessment Resolution amended as submitted by the Public Works Department memo on file in the Planning Department. AYES: Commissioners Wilkinson, Weber, and Vice Chairperson Barrows. NOES: None. ABSTAIN: None. ABSENT: Commissioner Quill and Chairman Alderson. 3 Planning Commission Minutes February 23, 2010 There was no further discussion and it was moved and seconded by Commissioners Weber/Wilkinson to approve Resolution 2010-004 recommending approval of General Plan Amendment 2009-120 as submitted. AYES: Commissioners Wilkinson, Weber, and Vice Chairperson Barrows. NOES: None. ABSTAIN: None. ABSENT: Commissioner Quill and Chairman Alderson. There was no further discussion and it was moved and seconded by Commissioners Weber/Wilkinson to approve Resolution 2010-005 recommending approval of Zone Change 2009-138 as submitted. AYES: Commissioners Wilkinson, Weber, and Vice Chairperson Barrows. NOES: None. ABSTAIN: None. ABSENT: Commissioner Quill and Chairman Alderson. There was no further discussion and it was moved and seconded by Commissioners Weber/Wilkinson to approve Resolution 2010-006 recommending approval of Tentative Tract Map 35996 with amendments as requested by the Public Works Department memo on file in the Planning Department. AYES: Commissioners Wilkinson, Weber, and Vice Chairperson Barrows. NOES: None. ABSTAIN: None. ABSENT: Commissioner Quill and Chairman Alderson. Chairman Alderson rejoined the meeting. B. Conditional Use Permit 2009-124; a request by T-Mobile West Corporation for consideration to allow for the placement of a seventy (70) Foot Tall Monopalm Tower and an Equipment Enclosure Within the Family Heritage Church Parking Lot located at 78-998 Miles Avenue. 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 Wilkinson commented on the photo shown looking west to.the site and was concerned about its accuracy. 4 Planning Commission Minutes February 23, 2010 Staff stated T-Mobile would be presenting some additional photos. Discussion followed regarding the photos presented and the height of the tower. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to make any comments. Ms. Maryann Harwood, T-Mobile representative, 1594 N. Batavia Street, Orange CA -introduced herself and gave the Commission an updated photo for comparison. Discussion followed regarding the Commissioners' concerns, which included: The height and location of the existing palm trees. • The height of the tower • The necessity of this tower • Had the applicant tried to acquire co-location sites. • The possibility of using another style of tower, besides a monopalm. • Landscaping possibilities to better blend the tower. Ms. Harwood responded: • She explained the necessity for the height of the tower, the particular locations and the coverage of the area. She stated T-Mobile's objective was to provide maximum coverage; including in-home, outdoor, and vehicle coverage which would not be possible through co- location. • She stated it made more sense to use the monopalm in this area to match the desert landscaping. • They would be leasing from the church and explained the landscaping the church requested. Chairman Alderson commented on the time frame of the application and continuing maintenance of the tower. Staff responded the maintenance concern was addressed in Condition #37. Discussion followed regarding the proposed and future towers and coverage in the area; resulting in the applicant clarifying the applicant request and coverage. She could not confirm future sites, as those 5 Planning Commission Minutes February 23, 2010 would need to go through the permitting process and would be subject to change. Commissioner Weber had concerns about possible harmful effects of radio frequencies on nearby residences/businesses. The applicant responded they are FCC compliant with no safety issues, and then explained the process followed in proposing a new tower. Commissioner Weber asked about the radio frequency issue. Staff responded the FCC approval was included in the application paperwork. Discussion followed regarding the possibility of conditioning the application to include taller palm trees to help the tower blend in. Suggestions were made as to where additional trees could be located; concluding with the applicant stating they would be willing to work with the City and the church on the location of the trees. Assistant City Attorney Houston asked for the applicant's clarification as to whether this would be possible with the proposed lease. The applicant responded the tree locations as proposed had already been determined in the lease plans. Assistant City Attorney Houston then presented the procedure options available to the Commission. Additionally, Planning Manager Sawyer explained staff's position and suggested it might be better to continue the matter to allow the applicant to explore their options. There being no further questions of the staff, Chairman Alderson asked if there was any public comment. Mr. Graeme Donaldson 79115 Camino Rosada, La Quinta CA introduced himself and said he lived somewhat adjacent to the church. He said he had several concerns including the height and location of the tower. He was concerned about who approved the CEQA exemption, and on what basis, because there were aesthetic concerns that needed to be addressed. He had the area surveyed, in relation to the drawings and the pictures, and presented copies to the Commissioners. Chairman Alderson asked Mr. Donaldson if he had met with staff prior to this meeting. Mr. Donaldson responded he had not. 6 Planning Commission Minutes February 23, 2010 Mr. Donaldson commented on aspects of his submitted photos and said it didn't matter what size palm tree was placed nearby, it would not hide the tower and questioned the accuracy of T-Mobile's exhibits. Chairman Alderson asked him to clarify that he was stating his exhibits were the more accurate depiction of the plans. Mr. Donaldson said yes. Mr. Donaldson continued by saying this is a heavily populated residential area and he was concerned about cell towers and radio frequency radiation. He commented on who and what was located in the area and why towers were usually located in low density areas. Mr. Donaldson said the cell tower does not belong in this location and commented on how well the fire station tower blended in with its surroundings. He said he didn't care what configuration was proposed or how many palm trees were placed near it, it would not blend in. He requested the conditional use permit be denied and wanted to see further details in terms of CEQA and the Environmental Assessment. Chairman Alderson asked him to state specifically what his CEQA concerns were. Mr. Donaldson said he was concerned that this application was declared categorically exempt as that was incorrect and he challenged that conclusion. Chairman Alderson asked if that was because of aesthetics. Mr. Donaldson said because of aesthetics and the inclusion of microwave antennas on the tower. Chairman Alderson asked if these were concerns of safety. Mr. Donaldson said yes. Chairman Alderson asked if there were any questions for Mr. Donaldson. Commissioners Wilkinson and Weber commented on Mr. Donaldson's summation and acknowledged they shared some of his concerns. Chairman Alderson asked if the applicant would like to comment on any of Mr. Donaldson's concerns. Ms. Harwood made note of the CEQA concerns and said she thought Planning could handle that. She also noted Mr. Donaldson's concerns 7 Planning Commission Minutes February 23, 2010 about aesthetics and safety. She then explained what safety and aesthetic precautions they planned to take. Chairman Alderson referenced the location of the tower at the fire station. Ms. Harwood said they reviewed placement in the park, and the fire station, and explained why those two sites did not work and the church property did. Chairman Alderson asked about the possibility of a shorter structure. Ms. Harwood said she would have to check on that. Commissioner Weber asked about the proposed parabolic dish. Ms. Harwood explained the use of the parabolic (microwave) dish and how it worked in relation to other towers. Chairman Alderson re-opened the public hearing. Mr. Christopher McFadden, 42-635 Melanie Place, Palm Desert CA - said as well as being an architect, he was on the property board as an elder of the Family Heritage Church. He explained the reasons behind the choice of the tower location and the landscaping choices. He explained further that the multiple tree heights and the grouping of the trees were really important as far as the use of the facility and the nighttime lighting done in that area. Commissioner Wilkinson asked if the church would be opposed to the extra trees for camouflage. Mr. McFadden said that would be an option if the trees were of variable height and did not create problems with lighting in the area. Commissioner Wilkinson asked if that statement was adequate. Assistant City Attorney Houston said it was as long as it was reflected in a condition of approval. Mr. McFadden said he had the authority to authorize that. Discussion followed on landscaping requirements and the possible addition of a condition of approval. There being no further public comment, Chairman Alderson opened the matter for Commission discussion. 8 Planning Commission Minutes February 23, 2010 Commissioner Weber expressed his thoughts on radio frequency and FCC certification and stated additional trees, greater than the 25 feet proposed, were needed to help the cell tower blend in. Commissioner Barrows suggested an alternate location on the northwest corner of the field as opposed to the east corner. Chairman Alderson said he thought that was an excellent suggestion. Commissioner Wilkinson commented an additional cell tower was not needed to improve cell coverage because the coverage was fine in that area, and suggested co-locating on another tower. He also suggested the possibility of designing a better looking palm tree or camouflaging the tower in other ways. He said the height was too tall and expressed his thoughts on FCC certification. Chairman Alderson re-stated the Commissioners' concerns of the unpleasant look of the tower, the need for larger trees, better landscaping, FCC concerns, alternative types of towers and the suggestion of moving the tower west to the back side of the parking lot; as well as the possibility of a continuance for the applicant to resolve these issues. The applicant requested a continuance and Chairman Alderson asked the applicant how much time was needed. Ms. Harwood said three to four weeks would be sufficient time. There was no further discussion and it was moved and seconded by Commissioners Barrows/Weber recommending continuance of Conditional Use Permit 2009-124 to March 23, 2010 to allow the applicant time to explore the alternatives presented. AYES: Commissioners Barrows, Weber, Wilkinson, and Chairman Alderson. NOES: Commissioner Wilkinson. ABSTAIN: None. ABSENT: Commissioner Quill. VI. BUSINESS ITEMS: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: None 9 Planning Commission Minutes February 23, 2010 VIII. COMMISSIONER ITEMS: A. Report on City Council Meeting of February 16, 2010, from Commissioner Wilkinson. (A brief summary of the meeting was given followed by discussion of several items.) B. Chairman Alderson noted he was scheduled to report back on the March 2, 2010, Council meeting. C. Commissioner Wilkinson commented on the existing situation at the Highway 1 1 1 /Cliff House site with the currently configured deceleration lane. Commissioner Weber echoed his concerns. IX: DIRECTOR ITEMS: A. Planning Manager David Sawyer reminded the Commissioners about the Joint Council Meeting of February 25, 2010, at 5:30 p.m. with the Council meeting beginning at 5:00. Discussion followed regarding the meeting and tentative follow-up schedules for Commission and Council. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Wilkinson/Weber to adjourn this regular meeting of the Planning Commission to the Special Joint Meeting to be held on February 25, 2010. This regular meeting was adjourned at 9:18 p.m. on February 23, 2010. Respectfully submitted, Carolyn Walker, Executive Secretary City of La Quinta, California 10