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2017 07 11 PC MinutesCALL TO ORDER PLANNING COMMISSION MINUTES TUESDAY, JULY 11, 2017 A regular meeting of the La Quinta Planning Commission was called to order at 6:00 p.m. by Chairperson Bettencourt. PRESENT: Commissioners Caldwell, Currie, McCune, Proctor, Quill, Wright and Chairperson Bettencourt ABSENT: None STAFF PRESENT: City Attorney William Irhke, Planning Manager Gabriel Perez, Principal Engineer Bryan McKinney, Consultant Principal Planner Nicole Criste, Building Official Burt Hanada, Executive Assistant Wanda Wise -Latta and Office Assistant Mirta Lerma PLEDGE OF ALLEGIANCE Commissioner Wright led the Commission in the Pledge of Allegiance. Chairperson Bettencourt asked Planning Manager Perez to introduced City staff members who were present. Chairperson Bettencourt asked Commissioners Currie and Proctor to introduce themselves. Chairperson Bettencourt asked that the appointments of Planning Commission Chairperson and Vice Chairperson be continued to the July 25, 2017 meeting. MOTION - a motion was made and seconded by Commissioners Caldwell/McCune to continue the selection of Chairperson and Vice Chairperson to the July 25, 2017 meeting. AYES: Commissioners Caldwell, Currie, McCune, Proctor, Quill, Wright and Chairperson Bettencourt. NOES: None. ABSENT: None. ABSTAIN: None. Motion passed unanimously. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - None CONFIRMATION OF AGENDA - confirmed PLANNING COMMISSION MINUTES 1 JULY 11, 2017 CONSENT CALENDAR 1. Approve Minutes of June 27, 2017 Motion - A motion was made and seconded by Commissioners Quill/Proctor to approve the Planning Commission Minutes of June 27, 2017 as submitted with the following correction to the footer: PLANNING COMMISSION MINUTES JUNE 27, 2017 AYES: Commissioners Caldwell, Currie, McCune, Proctor, Quill, Wright and Chairperson Bettencourt. NOES: None. ABSENT: None. ABSTAIN: None. Motion passed unanimously. Beginning Resolution No. 2017-009 PUBLIC HEARINGS 1. Site Development Permit 2017-0005 and Minor Adjustment 2017-0006 submitted by Prest Vuksic Architects, Inc. proposing the construction of a new 2,660 square -foot drive through restaurant on a vacant pad within the La Quinta Square Commercial Development. CEQA: previously reviewed under Environmental Assessment 2014-1002 and consistent with the analysis previously approved. Location: near the southwest corner of Highway 111 and Simon Drive. Planning Manager Perez presented the information contained in the staff report, which is on file in the Design and Development Department. He noted that correspondence had been received and distributed to the Commission from Mr. Jack Tarr and from a property group expressing concerns about the site development permit and the conditional use permit for the wireless tower. Commission discussion followed regarding traffic from the proposed drive through restaurant. Principal Engineer McKinney shared information regarding the original traffic study for the site. Chairperson Bettencourt declared the PUBLIC HEARING OPEN at 6:21 p.m. PUBLIC SPEAKER: David Drake, Prest Vuksic Architects, Palm Desert, CA - introduced himself and introduced Spencer Trombley with El Polio Loco and stated that they represented the applicant and were available to answer questions. Commission discussion continued regarding the color scheme of the proposed building; confirmation by staff that upon completion of the proposed project no PLANNING COMMISSION MINUTES 2 JULY 11, 2017 space will be available for future development at the La Quinta Square Commercial Development; ADA requirements to which the applicant's representative provided additional information; and perimeter landscaping. Planning Manager Perez shared the concerns expressed in the correspondence received from R&L Properties and Mr. Jack Tarr. Their concerns included current traffic patterns related to La Quinta Square; proposed use of site is traffic intensive; questioned whether a traffic study was prepared for the proposed El Pollo Loco; and the monopalm wireless installation. Mr. Tarr also expressed concern regarding conflicts that may exist with cars exiting the site along Simon Drive. Copies of the letters were distributed to the applicant. PUBLIC SPEAKER: Brian Tracey, Retail Net Lease Properties, Palm Desert, CA - introduced himself. Planning Manager Perez addressed a Commissioner's question regarding CC&Rs and stated that the reciprocal access easements are recorded against the tentative parcel map. Mr. Drake addressed the concerns expressed in the correspondence received from R&L Properties and Mr. Tarr. Commission discussion continued regarding the land lease for El Pollo and landscape maintenance. Chairperson Bettencourt declared the PUBLIC HEARING CLOSED at 6:37 p.m. Motion - A motion was made and seconded by Commissioners McCune/Wright to adopt Resolution No. 2017-009 of the Planning Commission of the City of La Quinta, California recommending to the City Council approval of Site Development Permit 2017-0005 and Minor Adjustment 2017-0006 for a drive through restaurant on a vacant pad within the La Quinta Square and find the project consistent with Environmental Assessment 2014-1002. AYES: Commissioners Caldwell, Currie, McCune, Proctor, Quill, Wright and Chairperson Bettencourt. NOES: None. ABSENT: None. ABSTAIN: None. Motion passed unanimously. 2. Conditional Use Permit 2017-0003 submitted by Prest Vuksic Architects, Inc. for T -Mobile Wireless proposing the placement of a 49 -foot tall monopalm wireless telecommunication tower and mechanical equipment at La Quinta Square Commercial Center. CEQA: Exempt from Environmental Review pursuant to Section 15332 (Class 32) of the California Environmental Quality Act in that the proposed project can be characterized as in -fill development and Section 15303 PLANNING COMMISSION MINUTES 3 JULY 11, 2017 (Class 3) for new construction. Location: near the southwest corner of Highway 111 and Simon Drive. Planning Manager Perez presented the information contained in the staff report, which is on file in the Design and Development Department and stated that Conditions of Approval (COA) No. 36 and No. 38 address maintenance of the entire site including landscaping and the two live palms. He said that COA No.42 states that the temporary T -Mobile facility in the parking lot at the site was approved under Temporary Uses Permit 2017-0005 shall be permitted to operate until March 1, 2018 and COA No. 41 states that with the approval of this wireless tower, the previous temporary use permit would be superseded by this approval. Commission discussion followed regarding the determination of the responsible party with regards to maintenance of a wireless tower. Staff stated that the Municipal Code requires that the owner of the tower provide to the city a copy of the leasing agreement which includes the necessary contact information for the leasing party. Staff said that should there be a change of ownership, city staff must be notified. City Attorney Irhke addressed the Commission's inquiries regarding COA No. 25; FCC standards, regulations and compliance; colocation; and possible modifications to a wireless tower. Chairperson Bettencourt declared the PUBLIC HEARING OPEN at 6:55 p.m. PUBLIC SPEAKER: David Drake, Prest Vuksic Architect, Palm Desert, CA - introduced himself, introduced Frank Ortega of Costal Business Group, Inc. and introduced Brian Tracey of Retail Net Lease Properties PUBLIC SPEAKER: Damian Machado, Costal Business Group, Inc., Irvine, CA - introduced himself and stated that he represented T -Mobile. PUBLIC SPEAKER: Frank Ortega, Costal Business Group, Inc., Irvine, CA - introduced himself and stated that he represented T -Mobile. Commission asked questions of the T -Mobile representatives regarding maintenance of monopalm and deterioration of artificial palm fronds; ownership and changes in ownership of wireless communication tower and equipment; emergency contact information should there be any issues with the monopalm wireless telecommunication tower and mechanical equipment; the quality and maintenance of the live palm trees planted adjacent to the monopalm tower. PLANNING COMMISSION MINUTES 4 JULY 11, 2017 In response to a Commissioner's question, City Attorney Irhke indicated that Planning Manager Perez referenced earlier a proposed condition that addresses facility and tree maintenance. Planning Manager Perez noted that correspondence received from Mr. Jack Tarr and from R & L Properties expressed concerns about the conditional use permit for the wireless tower. Chairperson Bettencourt declared the PUBLIC HEARING CLOSED at 7:07 p.m. Motion - A motion was made and seconded by Commissioners Quill/Wright to adopt Resolution No. 2017-010 of the Planning Commission of the City of La Quinta, California approving Conditional Use Permit 2017-003 for the placement of a 49 -foot tall monopalm wireless telecommunication tower and equipment on a vacant pad at La Quinta Square, and finding the project exempt from California Environmental Quality as submitted with the following revisions to the Conditions of Approval: Amendment to COA No. 38 of the Conditional Use Permit 2017-0003 to read, "The entire facility shall be maintained in a condition consistent with the conditions of this approval with no visible deterioration of the faux palm treatment and all landscaping, including the required additional two (2) palm trees, in a live healthy status and irrigated. If the facility is not so maintained, this approval is subject to revocation or other correcting actions as determined appropriate by the City." Amendment to COA No. 42 of the Conditional Use Permit 2017-0003 to read, "The temporary T -Mobile facility in the parking lot approved under temporary uses permit 2017-0005 shall be permitted to operate and shall be removed by March 1, 2018 or when the permanent wireless telecommunication facility, approved under Conditional Use Permit 2017-0003, is operational prior to March 1, 2018." Amendment to COA 43 of the Conditional Use Permit 2017-0003 to read, "The two live palm trees shall not exceed 30 feet in height, shall be of a premium grade and not exhibit drought rings upon installation." Amendment to COA No. 44 of the Conditional Use Permit 2017-0003 to read, "Contact information for the T -Mobile representative or successor responsible for facility maintenance, including name, address and phone number, shall be provided to the Planning Division. The identified representative is required to be on call to address requests for facility repair or maintenance by City of La Quints Planning Division or Code Compliance staff." PLANNING COMMISSION MINUTES 5 JULY 11, 2017 Amendment to COA No. 45 of the Conditional Use Permit 2017-0003 to read, "Notification shall be provided to the Planning Division in the event of a sale or transfer of ownership of the wireless telecommunications facility." AYES: Commissioners Caldwell, Currie, McCune, Proctor, Quill, Wright and Chairperson Bettencourt. NOES: None. ABSENT: None. ABSTAIN: None. Motion passed unanimously. 3. Site Development Permit 2017-0003 and Conditional Use Permit 2017-0001 submitted by The DBK Group proposing the development of a pool, bar theatre, putting green and Dog Park within the PGA West Community. CEQA: exempt from Environmental Review pursuant to Section 15303 of the California Environmental Quality Act insofar as the project will add small structures to an existing golf clubhouse and tennis complex. Location: 55955 PGA West Boulevard. Commissioners Caldwell and Currie recused themselves and left the dais during the discussion and vote on this item due to the proximity of this project to their residences. Commissioner Caldwell also stated that she is a club member at PGA West. Planning Manager Perez introduced Consultant Principal Planner Nicole Criste who presented the information contained in the staff report, which is on file in the Design and Development Department. Commission discussion followed regarding the length of pool lap lanes; whether the drive in golf cart theatre would be used for other events; hours of operation; and membership. Consultant Principal Planner Criste said that the proposed project will be a membership facility and will have fees associated with membership and stated that City has the authority to regulate the hours. She indicated that with regards to public comments about the project, several months ago she spoke to a homeowner who lives to the south the project and addressed her questions. She stated that she asked club representatives to contact the homeowner and she received no other written or oral comments. Chairperson Bettencourt declared the PUBLIC HEARING OPEN at 7:26 p.m. PUBLIC SPEAKER: Thomas R. Steeno, Steeno Design Studio, Hesperia, CA - introduced himself, Kaveh Daryaie of The DBK Group, La Quinta and Jennifer Jenkins, Director of Membership and Marketing for PGA West. Mr. Steeno presented additional information regarding the project. PLANNING COMMISSION MINUTES 6 JULY 11, 2017 PUBLIC SPEAKER: Jennifer Jenkins, La Quinta, CA - introduced herself as Director of Membership and Marketing for PGA West and La Quinta Resort and represented PGA West members, Hilton Hotel and Resort owner, GIC. Ms. Jenkins provided additional information regarding the project and membership. PUBLIC SPEAKER: Thomas R. Steeno, Steeno Design Studio, Hesperia, CA - addressed a Commissioner's inquiry about lighting for the project; stated that the applicant reviewed and agreed with the conditions; and addressed a Commissioner's inquiry about waste from the dog park. PUBLIC SPEAKER: David Balducci, La Quinta, CA - introduced himself; spoke in favor of the project; and asked if the permitting process could be expedited. PUBLIC SPEAKER: James Cox, La Quinta, CA - introduced himself and spoke in favor of the project. Chairperson Bettencourt declared the PUBLIC HEARING CLOSED at 7:41 p.m. Motion - A motion was made and seconded by Commissioners Quill/Wright to adopt Resolution No. 2017-011 of the Planning Commission of the City of La Quinta, California approving Conditional Use Permit 2017-0001 and Site Development Permit 2017-0003, finding the project exempt from California Environmental Quality Act. AYES: Commissioners McCune, Proctor, Quill, Wright and Chairperson Bettencourt. NOES: None. ABSENT: Commissioners Caldwell and Currie. ABSTAIN: None. Motion passed. Commissioners Caldwell and Currie returned to the dais for the remainder of the meeting. 4. Environmental Assessment 2017-0005 and 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 accessory dwelling units within residential districts. CEQA: exempt pursuant to Section 15061 (b)(3) and requires no further review. Location: Citywide. Planning Manager Perez presented the information contained in the staff report, which is on file in the Design and Development Department. Commission discussion followed regarding what would happen if the resolution were not adopted and Planning Manager Perez explained that the regulation of accessory dwelling units (ADUs) in the City would default to state law. PLANNING COMMISSION MINUTES 7 JULY 11, 2017 Commissioner Proctor shared his thoughts regarding the potential impact of an increase in the number of temporary vacation rentals and overnight on -street parking. Commissioner Quill asked if it was possible to require an applicant seeking to construct an ADU to obtain clearance from CVWD indicating that the applicant had paid or CVWD waived the sanitation capacity fee and the water system backup facilities fee. He thanked staff for their efforts, but stated that on principal and in good conscience, he could not vote in favor of the resolution. Planning Manager Perez introduced Building Official Burt Hanada stating he was in the audience and available for questions. City Attorney Irhke provided clarification regarding compliance with the municipal code and state law with respect to homeowner associations and CC&Rs. Chairperson Bettencourt declared the PUBLIC HEARING OPEN at 8:09 p.m. PUBLIC SPEAKER: None. Chairperson Bettencourt declared the PUBLIC HEARING CLOSED at 8:09 p.m. MOTION - A motion was made and seconded by Commissioners Wright/Caldwell to adopt Resolution No. 2017-12 of the Planning Commission of the City of La Quinta, California recommending City Council approval of Zoning Ordinance Amendment 2017-0001 to amend Chapter 9.60 of the La Quinta Municipal Code relating to standards and criteria for the establishment of accessory dwelling units within residential districts consistent with California Government Code Section 65852.2 and Environmental Assessment 2017-0005. AYES: Commissioners Caldwell, Currie, McCune, Proctor, Wright and Chairperson Bettencourt. NOES: Commissioner Quill. ABSENT: None. ABSTAIN: None. Motion passed. BUSINESS SESSION - None STUDY SESSION - None COMMISSIONERS' ITEMS - None STAFF ITEMS 1. Staff presented for the Commission's review the Planning Commission PowerPoint slides prepared for the Joint Meeting between the City Council and PLANNING COMMISSION MINUTES 8 JULY 11, 2017 the City's Boards and Commissions scheduled for Tuesday, July 18, 2017, at the La Quinta Library. Chairperson Bettencourt and Commissioner Quill shared information regarding the Salton Sea Forums/Workshops that are being held throughout the valley. Commissioner Proctor thanked staff for their assistance in his transition to the Planning Commission. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright/Quill to adjourn this meeting at 8:18 p.m. AYES: Commissioners Caldwell, Currie, McCune, Proctor, Quill, Wright and Chairperson Bettencourt. NOES: None. ABSENT: None. ABSTAIN: None. Motion passed unanimously. Respectfully submitted, VV WANDA WISE-LATTA, Executive Assistant City of La Quinta, California PLANNING COMMISSION MINUTES 9 JULY 11, 2017