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2017 02 14 PC MinutesCALL TO ORDER PLANNING COMMISSION MINUTES TUESDAY FEBRUARY 14, 2017 A regular meeting of the La Quinta Planning Commission was called to order at 6:00 p.m. by Chairperson Bettencourt. PRESENT: Commissioners Blum, Caldwell, McCune, Quill, Wright and Chairperson Bettencourt ABSENT: Commissioner Hansen STAFF PRESENT: City Attorney William Ihrke, Planning Manager Gabriel Perez, Principal Engineer Bryan McKinney, Associate Planner Carlos Flores, Executive Assistant Wanda Wise -Latta and Office Assistant Carley Votaw Chairperson Bettencourt welcomed Commissioner Caldwell and asked her to introduce herself. Commissioner Caldwell led the Commission in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed APPROVAL OF MINUTES - Motion - A motion was made and seconded by Commissioners Wright/Blum to approve the Planning Commission minutes of November 22, 2016, as submitted. AYES: Commissioners Blum, Caldwell, McCune, Quill, Wright and Chairperson Bettencourt. NOES: None. ABSENT: Commissioner Hansen. ABSTAIN: None. Motion passed. Motion - A motion was made and seconded by Commissioners Wright/Blum to approve the Planning Commission Minutes of December 27, 2016, as submitted. AYES: Commissioners Blum, Caldwell, McCune, Quill, Wright and Chairperson Bettencourt.. NOES: None. ABSENT: Commissioner Hansen. ABSTAIN: None. Motion passed. PLANNING COMMISSION MINUTES 1 FEBRUARY 14, 2017 PUBLIC HEARING 1. Specific Plan 2016-0002 (SP 2002-058, Amendment 2) submitted by the City of La Quinta, proposing to remove The Villas at Old Town from the Old Town Specific Plan 2002-058. California Environmental Quality Act (CEQA): exempt from environmental review pursuant to Section 15183 in that the proposed project is consistent with General Plan and Zoning. Location: south of Calle Tampico between Avenida Bermudas and the La Quinta Civic Center. Associate Planner Carlos Flores presented the information contained in the staff report, which is on file in the Design and Development Department. Discussion followed regarding the reason for the removal of The Villas at Old Town from the Old Town Specific Plan. Staff stated there are no proposed plans for the property and this proposal gives more flexibility for future development. Staff said the property will revert to its underlying zoning of village commercial. Staff also stated that SB -18 Native American Tribal Consultation requirements have been completed for the Specific Plan Amendment and future development will not need to go through that process. Staff also clarified that independent of the Specific Plan, the city will continue to use the property for overflow parking during special events. Chairperson Bettencourt declared the PUBLIC HEARING OPEN at 6:11 p.m. Public Speaker: None Chairperson Bettencourt declared the PUBLIC HEARING CLOSED at 6:11 p.m. Motion - A motion was made and seconded by Commissioners Blum/Caldwell to adopt Resolution No. 2017-001 of the Planning Commission of the City of La Quinta, California, recommending that the City Council find the project exempt from California Environmental Quality Act pursuant to Section 15183 in that the proposed project can be characterized as consistent with General Plan and Zoning and further recommend approval Specific Plan 2016-0002 (SP 2002-058, Amendment 2) to remove The Villas at Old Town from the Old Town La Quinta Specific Plan. AYES: Commissioners Blum, Caldwell, McCune, Quill, Wright and Chairperson Bettencourt. NOES: None. ABSENT: Commissioner Hansen. ABSTAIN: None. Motion passed unanimously. 2. Zoning Ordinance Amendment 2017-0001 submitted by the City of La Quinta proposing amendments to Chapter 9.60 of the La Quinta Municipal Code relating to standards and criteria for the establishment of accessory dwelling PLANNING COMMISSION MINUTES 2 FEBRUARY 14, 2017 units within residential districts. CEQA: exempt pursuant to Section 15061 (B)(3) and requires no further review. Location: Citywide. Planning Manager Gabriel Perez presented the information contained in the staff report, which is on file in the Design and Development Department. Discussion followed regarding garage conversions becoming secondary residential units within a residence anywhere within the city and which had previously been disallowed in the City, parking impacts, the language of the provision, and environmental impacts as a result of accessory dwelling units. City Attorney Irhke stated that the language of the amendment was provided by the State of California and that the provision applies to charter and general law cities. He shared that Assembly Bill 2299 and Senate Bill 1069 amended Government Code Section 65852.2 as well as other provisions in the planning and zoning law. He said that the legislature wanted to find ways of providing more housing. He indicated that any application that came before the city would defer to state law on this issue until we have a new ordinance in place. He recommended that this amendment be acted upon as the state law says that if any provision in the City's ordinance is inconsistent with state law and the City were to use its ordinance as a basis for denying a permit for an accessory dwelling unit, none of the City's ordinance would apply and the City could not base a denial on it. Discussion continued regarding CEQA review and exemptions; increased traffic, pollution and greenhouse gas issues; increased street parking; an increase in the number of residential dwelling units within an existing community designed for a single residence on a single lot, and parking allowances subject to transit centers under state law. City Attorney Irhke stated that CEQA would not be a vehicle to deny the requirements of state law to have accessory dwelling units permitted and with regards to specific permitting, ministerial matters are not subject to CEQA. Discussion continued regarding HOAs and CC&Rs. City Attorney Irhke said the City's regulations have no impact on a homeowner association's (HOA) CC&Rs. He stated that it is not up to the City to enforce CC&Rs. He said that CC&Rs are not the purview of city; therefore, a dispute between an HOA and a property owner is separate from the City's obligation to comply with state law. Discussion continued regarding utilities for accessory dwelling unit. PLANNING COMMISSION MINUTES 3 FEBRUARY 14, 2017 City Attorney Irhke stated that the Commission's comments regarding utilities and infrastructure that must be part of any dwelling unit could be addressed as part of the permit application. He also said that state law requires that the owners of the parcel must live either in the accessory dwelling unit or in the primary residence. Discussion continued regarding parking requirements. Planning Manager Perez continued with his presentation of the staff report. Discussion continued regarding informing the public and how other cities are dealing with this item. City Attorney Irhke indicated that in addition to staff reaching out to valley cities, he will reach out to his colleagues who are dealing with this item in other cities. Planning Manager Perez introduced the Design and Development Department's Building Official Burt Hanada who was available to answer any questions the Commission might have. Chairperson Bettencourt declared the PUBLIC HEARING OPEN at 6:57 p.m. Public Speaker: None Motion - A motion was made and seconded by Commissioners Wright/Blum to continue Zoning Ordinance Amendment 2017-0001 submitted by the City of La Quinta to an unspecific future Planning Commission meeting and with the Public Hearing to be noticed in the regular manner; and if allowable and within reason, noticed in The Gem and a city residents mailing. AYES: Commissioners Blum, Caldwell, McCune, Quill, Wright and Chairperson Bettencourt. NOES: None. ABSENT: Hansen. ABSTAIN: None. Motion passed unanimously. BUSINESS SESSION 1. General Plan consistency for proposed land purchase agreement between the City of La Quinta and BT-LJMJM, LLC. for certain vacant property located near the intersection of Eisenhower Drive and Avenida Fernando comprised of 10.4 acres. APPLICANT: City of La Quinta. CEQA: exempt from environmental review pursuant to Sections 15301, 15303, and 15304. PLANNING COMMISSION MINUTES 4 FEBRUARY 14, 2017 Planning Manager Perez presented the information contained in the staff report, which is on file in the Design and Development Department. Discussion followed regarding use of the property to address drainage and retention concerns along Eisenhower Drive including the status of the property should not all of it be required for retention purposes. City Attorney Irhke stated that there is nothing to preclude the City from selling the property should the retention project not move forward. Staff indicated that a retention basin located on the property would address many of the issues along Eisenhower and would also consider additional improvements that may needed at Avenue 50 and Eisenhower Drive as runoff from other areas drain towards Avenue 50 and the proposed retention basin would not be able to intercept that water. Chairperson Bettencourt recused himself and left the dais during the discussion and vote on this item due to a possible conflict of interest. Vice Chairperson Blum sat as Presiding Officer in the Chairman's absence. Discussion continued regarding the water runoff from the mountains and adjacent properties near the site; providing hiking access for the public to the hillsides surrounding the site; providing an access way through the site between Legacy Villas and the La Quinta Resort; future consideration of trails or recreation areas on the site in the areas that are not utilized by the proposed retention basin; and the impact on the La Quinta Resort and adjacent neighborhoods. Staff stated that dependent upon the design capacity of the retention basin there would be a requirement to have an emergency overflow should the basin reach capacity. Staff said the overflow would be directed back onto the streets and not toward surrounding houses. Motion - A motion was made and seconded by Commissioners Quill/Caldwell to adopt Resolution No. 2017-002 finding the proposed vacant land purchase between the City of La Quinta and BT-LJMJM, LLC, for certain property located near the intersection of Eisenhower Drive and Avenida Fernando consistent with General Plan 2035. AYES: Commissioners Blum, Caldwell, McCune, Quill, and Wright. NOES: None. ABSENT: Commissioner Hansen. ABSTAIN: Chairperson Bettencourt. Motion passed. Chairperson Bettencourt returned to the dais and resumed the duty of Presiding Officer for the remainder of the meeting. CORRESPONDENCE AND WRITTEN MATERIAL - None PLANNING COMMISSION MINUTES 5 FEBRUARY 14, 2017 COMMISSIONER ITEM Chairperson Bettencourt stated that he is looking forward to an update of development agreements, a review of cell tower inventory, and a review of landscaping compliance at the theatre. Commissioner Quill shared information regarding an Environmental Impact Report and fencing plan related to the bighorn sheep that maybe going before the Coachella Valley Association of Governments Executive Committee for approval on February 27. Planning Manager Perez confirmed that the fence scheduled to be installed at SilverRock at the end of the month is a temporary fence and is a condition of the Site Development permit. STAFF ITEMS 1. City Attorney Irhke presented the report regarding Rules of Procedures for Council, Boards and Commission meetings. 2. The Development Status Report was presented by Planning Manager Perez. 3. Planning Manager Perez updated the Commission regarding registration status for the League of California Cities Planning Commissioners Academy, March 1-3, 2017. 4. Announcement of a Special Joint City Council, Boards and Commissions Meeting scheduled for 5:30 p.m. on February 23, 2017 at the La Quinta Library. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Blum/Wright to adjourn this meeting at 7:34 p.m. Motion passed unanimously. Respectfully submitted, WANDA WISE-LATTA, Executive Assistant City of La Quinta, California PLANNING COMMISSION MINUTES 6 FEBRUARY 14, 2017