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2012 07 10 PC MinutesMINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78 -495 Calle Tampico, La Quinta, CA July 10, 2012 CALL TO ORDER 7:03 p.m. A. A regular meeting of the La Quinta Planning Commission was called to order at 7:03 p.m. by Chairman Alderson. B. ROLL CALL: PRESENT: Commissioners Barrows, Weber, *Wilkinson, Wright, and Chairman Alderson. ABSENT: None STAFF PRESENT: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant Planner Eric Ceja, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Chairman Alderson requested the Election of a Chairperson and Vice Chairperson be moved to the end of meeting to allow Commissioner Wilkinson an opportunity to comment and vote. IV. CONSENT CALENDAR: There being no comments, or suggestions, it was moved by Commissioners Wright /Barrows to approve the minutes of June 26, 2012, as submitted. AYES: Commissioners Barrows, Weber, Wright, and Chairman Alderson. NOES: None. ABSENT: Commissioner Wilkinson. ABSTAIN: None. V. PUBLIC HEARINGS: A. Continued - Conditional Use Permit 2011 -138 a request by Crown Castle — Susan Makinson- for consideration of Conditional Use Permit for a Single Distributed Antenna System (DAS) at Eisenhower Park located at the southeast corner of Eisenhower Drive and Calle Colima. Planning Commission Minutes July 10, 2012 Planning Director Johnson said the applicant requested a continuation to July 24, 2012. The continuation was in regard to the potential location and lease. The lease portion was scheduled to be heard by the City Council on July 17, 2012, and there is the potential (depending upon the outcome of that meeting) that it could be continued again. The public hearing portion of the meeting for this item was left open from the January 26, 2012, meeting and would remain so since this was a continued item. There being no further questions or discussion, it was moved and seconded by Commissioners Wright /Barrows recommending continuation of Conditional Use Permit 2011 -138 to July 24, 2012, as requested. AYES: Commissioners Barrows, Weber, Wright, and Chairman Alderson. NOES: None. ABSENT: Commissioner Wilkinson. ABSTAIN: None. 'Commissioner Wilkinson arrived at 7:09 p.m. VI. BUSINESS ITEM: A. Continu — Appeal 2012 -00 — Director's Determination; a request by Michael Pitts for consideration of appeal of Director's Determination regarding the use of wood fencing along the front and side yards in the La Quinta Cove, and specifically for the site located at 51 -411 Avenida Villa. 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 asked for confirmation that Avenida Villa and the alleyway were considered a City street /alleyway; maintained by the City. Staff said that was correct. Commissioner Weber asked for clarification as to whether the fence was actually completed on April 2"' Staff said that was their information. The Code Compliance officer issued a 10 -day courtesy notice to come in for two items; 1). the fencing materials, and 2). lack of building permit. So, apparently the fence was in place on that date. FRI Planning Commission Minutes July 10, 2012 There being no further questions of staff, Chairman Alderson asked if there were any questions of the applicant. Mr. Michael Pitts, 51 -411 Avenida Villa, introduced himself and commented on the reason he did not get a permit. He stated he called and spoke with a female who informed him that he did not need a permit because there was an existing smaller fence behind this fence. That was why he did not apply for the permit. He also commented on Code Compliance Officer Rodarte's claim the fence was put up on a weekend. He said he had receipts from his fence contractor showing it was put upon on March 27 -28, 2012 (weekdays). Mr. Pitts had also prepared a booklet of photos and letters which he passed around to the Commissioners. He stated it included signatures of all of the neighbors on both streets; Mendoza and Villa. They stated that the house and the property had never looked so great. He commented on the problems he had with people parking on his property over the July 4t' weekend and how he had to call the La Quinta Police Department to remove people, as well as the two officers on Segways who continued to patrol it. He then pointed out examples of fences similar to his. He said he discussed, with staff, the possibility of leaving the side fence and replacing the front with wrought iron and post since he had gone through the expense of planting ficus, putting in irrigation and treating the fence. He said staff had suggested that he address this after the Commission decision. Mr. Pitts then offered to answer any questions. Commissioner Weber asked if a fence contractor had been hired to install the fence. Mr. Pitts said yes, it was a company from Perris, California. He added that they also called over and spoke with a female at the permit desk who stated that she didn't believe a permit was required. Mr. Pitts said the contractor had called the same number he had. Commissioner Weber commented on: • Fencing contractors doing due diligence to safeguard their clients. -3- Planning Commission Minutes July 10, 2012 • He hoped Mr. Pitts and his contractor would have a conversation about the responsibilities of the contractor; including what was needed to do business in La Quinta. • The Municipal Code is available, on -line, for anyone's use. General discussion followed on: • The department, or phone number, Mr. Pitts may have called. • The size of the lot(s) in question; and whether this was a single or double lot. • The question of whether the adjoining lot, to the north, was a buildable lot. • The actual location of the wood fence; e.g., inside the parameters of the single lot. • Wood fences block walls and tagging. • Homeowner maintenance of wood fences. Commissioner Wilkinson asked if the applicant had any intentions of building on, or selling, the adjacent parcel. Mr. Pitts said not at this time and then explained his plans for the property. Chairman Alderson asked if the applicant was the tenant or the owner of the property. Mr. Pitts said he was in escrow for the purchase of the property from the current owner. Chairman Alderson clarified the situation of some fences being legal, non - conforming and grandfathered in. Mr. Pitts' fence was illegally installed using an illegal material. Commissioner Wright asked staff if the north parcel were sold would the side fence be considered to be of an appropriate material. Planning Director Johnson said if proof was provided the side yard fence was built on the property line, and the adjacent lot was a legal lot then that would be considered an interior side yard fence. Commissioner Wright reaffirmed that it had to be a separate parcel. se Planning Commission Minutes July 10, 2012 Staff said yes, it had to be a legal separate parcel of property that could be sold off and developed. Mr. Pitts asked if this item could be continued to the July 24' meeting so he could provide proof of the lot dimensions and fence placement. Commissioner Wright said that would be something he could work on with the Planning Department. General discussion followed on: • The possibility of removal of the wood fence portion, leaving the frame and using another type of material. • The use of wrought iron for the front portion of the fence. Mr. Pitts said he had looked into using wrought iron for the front fence because you would be able to see through it. Mr. Pitts also stated that, at one time, there was a cement courtyard which was built in 1937 with the house. They had realized there was a previous fence around the courtyard because they found cement footings that had been sawed off, under the ground, all the way around the courtyard. There being no further public comment, Chairman Alderson closed the public hearing portion of the meeting and opened the matter for Commission discussion. Commissioner Wilkinson said apparently the contractor was not involved enough in finding out the rules and regulations to come up with the correct solution for his client. He did not know of a city in the Coachella Valley that allowed a fence to be built without a permit and none that allowed wood in the front. He was of the opinion that the rules were correctly applied in this case. Commissioner Wright said there are rules for a reason and that was to protect property values from deteriorating any farther than they already have. He asked staff if wrought iron was actually allowed. Planning Director Johnson responded there was a provision which stated ornamental iron and tubular steel fencing was allowed in the front or street side yards. s- Planning Commission Minutes July 10, 2012 General discussion followed on:, • The aesthetics of Mr. Pitts' fence. • The possibility of the wood fence remaining if the north lot is a separate and buildable lot. • The applicant's remaining responsibility to apply for a building permit and the fencing brought up to Code. e The Commission's directive to rule on whether the Director's Decision was correct; not the aesthetics of the project. • The• possibility of the applicant working with staff on the alternative materials for the front fencing. • The dimensions of the lot(s). Commissioner Weber asked if it was determined at a later date that the north lot was a separate, marketable, lot would the Planning Department take. a look at that Planning Director Johnson said depending on the outcome of the Commission's decision; they could work with Mr. Pitts. If he could provide staff with information to show that it is a legally standing independent lot, they would certainly take into consideration the option of retaining that portion of the fence. ' However, they would still require some screening be established because of the visibility of the fence; but they would be willing 'to work with him on that particular matter. Commissioner Weber asked if there could be some mechanism put into place to address the building of these illegal fences. Planning Director Johnson said he would talk with the Building and Safety Director and then commented further on legal, non - conforming fences. Commissioner Weber said he saw one glaring example of a vinyl piece of latticework thrown on the side of a house being utilized as a fence. He suggested there be a way of flagging these illegal building activities; possibly when an owner comes in for a permit-to remodel their home. The City could then address all the updated safety, building, and materials issues. He contrasted that with Mr. Pitts' fence which was aesthetically pleasing, but without a permit. -6- Planning Commission Minutes July 10, 2012 . There being no further questions or discussion, it was moved and seconded by Commissioners Weber /Barrows to adopt Minute Motion 2012 -005 recommending the upholding of the Director's Determination with regards to Appeal 2012 -008 as submitted. Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL: A. None. VIII. COMMISSIONER ITEMS: A. Report of the City Council Meeting of July 3, 2012. B. Commissioner Wilkinson is scheduled to attend the July 17, 2012, City Council meeting. C. Commissioner Weber asked about the APA Convention. Discussion followed regarding the Conference in October. Planning Director Johnson advised the Commissioners there had been no monies budgeted for attendance. However, if any Commissioner was interested in attending they were to contact him and he would follow up on any available options. D. ELECTION OF CHAIRPERSON: Katie Barrows was nominated and approved for the position of Chairperson. Unanimously approved. ELECTION OF VICE - CHAIRPERSON: Robert Wright was nominated and approved for the position of Vice Chairperson. Unanimously approved. IX: DIRECTOR ITEMS: A. Reminder about the General Plan Update Workshop on July 11, 2012, in the Study Session Room, from 3:00 p.m. to 5:00 p.m. and 6:00 p.m. to 8:00 p.m. It would be held in an Open House format. All Commissioners were invited to attend. Commissioners were told they would be receiving a printed copy of the General Plan, at a later date, but if they attended the workshop there would be copies available in flash drive and CD format. -7- Planning Commission Minutes July 10, 2012 X. ADJOURNMENT: There being no further business, it was moved by Commissioners Wright /Barrows to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on July 24, 2012. This regular meeting was adjourned at 8:03 p.m. on July 10, 2012. Respectfully submitted, . Carolyn Wal r, Executive Secretary City of La Quinta, California -8-