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2013 05 14 PC MinutesCALL TO ORDER PLANNING COMMISSION MINUTES TUESDAY, MAY 14, 2013 A regular meeting of the La Quinta Planning Commission was called to order at 7:01 p.m. by Chairperson Barrows. PRESENT: Commissioners Alderson, Weber, Wilkinson, Vice Chair Wright, and Chairperson Barrows ABSENT: None STAFF PRESENT: Community Development Director Les Johnson, Planning Manager David Sawyer, Michelle Molko with Rutan and Tucker, LLP, Principal Planner Wally Nesbit, Assistant Planner Eric Ceja, and Secretary Monika Radeva Commissioner Wright 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 /Weber to approve the Planning Commission Minutes of April 9, 2013, as submitted, with the addition of the following on Page No. 6: Commissioner Weber inquired about Interstate 1 -10 and Jefferson Street freeway interchange shared cost and signage. Staff replied this is a Coachella Valley Association of Governments project and is partially state and federally funded and noted there is a study underway to determine obligation for the remainder of the project cost. Staff also said the signage for the interchange was still being discussed. Motion passed unanimously. PLANNING COMMISSION MINUTES 1 MAY 14, 2013 PUBLIC HEARINGS 1. Conditional Use Permit 2011-139 submitted by Crown Castle, Susan Makinson, for a single distributed antenna system (DAS) within the public right -of -way in the La Quinta Cove. Location: southeast corner of Avenida Obregon and Calle Temecula. Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Community Development Department. Chairperson Barrows declared the PUBLIC HEARING OPEN at 7:12 p.m. Ms. Susan Makinson, representative of the Applicant, Crown Castle, introduced herself and explained in detail the benefits of the proposed DAS in terms of signal coverage for the affected area, minimal amount of radio frequency emission, location research and neighborhood outreach meetings held, and described the design and materials that would be used to build it. Public Speaker: Kay Wolff, La Quinta — Ms. Wolff gave a brief overview of the applicant's neighborhood outreach efforts and alternative locations considered for the DAS, and posed several questions for the Commission to consider in their review of this item. Public Speaker: Jeff Claspell, La Quinta — Mr. Claspell spoke in opposition of the proposed DAS and noted that the proposed location was next to his residential home. Public Speaker: Jaymes Anderson, La Quinta — Mr. Anderson spoke in opposition of the proposed DAS. He noted the proposed location was on the other side of his home and he would not feel comfortable if it was to be placed there. There being no further questions or discussion, Chairperson Barrows declared the PUBLIC HEARING CLOSED at 7:56 p.m. General Commission discussion followed regarding this item. Chairperson Barrows noted for the record that in addition to the comments received for this item, which were incorporated in the staff report as Attachment No. 9, there were three additional comments received after the report was completed: two opposition comments from Mr. Jaymes Anderson, and one opposition comment from Ms. Kimberly Freeland. PLANNING COMMISSION MINUTES 2 MAY 14, 2013 Chairperson Barrows RE- OPENED THE PUBLIC HEARING at 8:20 p.m. Chairperson Barrows said the Commission would like for the applicant to recommend an alternative design for the proposed DAS as well as an alternative location, provide additional data specifically identifying a need for it, ensure compatibility with the surrounding uses in the neighborhood, conduct further community outreach and obtain community involvement. Motion — A motion was made and seconded by Commissioners Weber /Wright to continue Conditional Use Permit 2011-139 to June 25, 2013. Motion passed unanimously. 2. Conditional Use Permit 2012 -148 submitted by Verizon Wireless for the placement of a sixty -four foot tall monopalm tower and an equipment enclosure adjacent to the La Quinta Country Club maintenance facility. Location: 77 -750 Avenue 50 — La Quinta Country Club. Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Community Development Department. Chairperson Barrows declared the PUBLIC HEARING OPEN at 8:42 p.m. Mr. James Rogers, representative of the Applicant, Verizon Wireless, introduced himself and said the Applicant was willing to comply with staff's recommended condition of approval for the placement of two additional trees to the west of the proposed cell tower to provide better screening from Eisenhower Drive. Mr. Rogers explained the exact location and size of these additional palm trees would be identified in the landscaping plans and submitted to staff for review prior to obtaining a building permit. Public Speaker: Donna Reed Martin, La Quinta — Ms. Martin said there were twelve homeowner associations within the La Quinta Country Club and she belonged to the largest one, La Quinta Golf Estates Homeowners Association, encompassing 184 properties. Stated that the President of the HOA had informed the homeowners of the proposed monopalm tower in December 2012; however, the tower had been identified as being only thirty feet high instead of sixty -four. Noted that she coordinated the trimming of the trees within her HOA and no tree exceeded forty feet, thus the proposed sixty -four foot tower would substantially exceed existing trees. She further noted that the residents were generally in support of the proposed monopalm tower; however, they were under the impression that it was only thirty feet high. Ms. Martin said she was in opposition of the proposed sixty -four foot tower, but would be in support of a tower if it were a more reasonable height. PLANNING COMMISSION MINUTES 3 MAY 14, 2013 Public Speaker: Skip Boone, La Quinta — Mr. Boone suggested that the Commission encourage the applicant to consider alternative locations for the proposed monopalm tower. If the tower were to be placed where currently proposed, the applicant should provide a better design and more comprehensive screening of the tower from all sides. Mr. Boone asked the Commission to stipulate in the conditions of approval that Verizon Wireless be required to revamp the design of the monopalm tower every so many years to keep it updated with current aesthetical designs and technological advances. Chairperson Barrows noted for the record that there were three comments received for this item after the preparation of the staff report. All three were in opposition of the proposed monopalm tower and they were from Ms. Wendy Johnson, Mr. Jimmy Powell, and Mr. Skip Boone. Public Speaker: Bruce Zahn, General Manager of La Quinta Country Club — Mr. Zahn said the applicant had attended an annual owners' meeting in March 2013, during which the owners of the club were notified of the proposal. The height of the monopalm tower had been identified as being forty -five feet. The lease agreement with the applicant had not yet been finalized and it stipulated that the owners of the club would have to approve the tower's location and placement of additional trees for screening. The board was in general support of the project given that there was no opposition from the residents and the applicant was in compliance with the City's requirements. But the original height discussed was at forty -five feet and not sixty -four, which would be likely to raise concerns. Vice Chairman Wright said that a continuation of the project should be considered until a reasonable tower height is identified and all parties affected are in support of it. Commissioner Weber said the applicant should identify the exact height of the proposed monopalm tower, should propose heights for the staff - recommended four additional palm trees for screening, as well as identify their specific locations, should do a more comprehensive community outreach, and incorporate requirement for future alterations of the tower's design. This consideration should also include the potential of colocation. Motion — A motion was made and seconded by Commissioners Wright /Wilkinson to continue Conditional Use Permit 2012 -148 to June 25, 2013. Motion passed unanimously. PLANNING COMMISSION MINUTES 4 MAY 14, 2013 3. Zoning Ordinance Amendment 2013 -114 includes the establishment of an affordable housing overlay zone, allowance and standards for emergency and transitional housing, changes to the affordable housing density bonus provisions and reasonable accommodation procedures pursuant to State legislation. Zone Change 2013 -143 proposes to apply an Affordable Housing Overlay zone (AHO) to all properties zoned Neighborhood Commercial (NC); Community Commercial (CC); Regional Commercial (RC); Commercial Park (CP); and Village Commercial (VC), and to other specific sites as identified in the 2008 La Quinta Housing Element. Location: City -wide. Principal Planner Wally Nesbit presented the staff report, a copy of which is on file in the Community Development Department. Chairperson Barrows declared the PUBLIC HEARING OPEN at 9:44 p.m. There being no questions or discussion, Chairperson Barrows declared the PUBLIC HEARING CLOSED at 9:45 p.m. PLANNING COMMISSION CALLED FOR A SHORT RECESS AT 9:47 P.M. CHAIRPERSON BARROWS RECONVENED THE PLANNING COMMISSION AT 9:51 P.M. WITH ALL COMMISSIONERS PRESENT. Motion — A motion was made and seconded by Commissioners Wright /Weber to adopt Resolution 2013 -005 recommending approval of Zoning Ordinance Amendment 2013 -114 as submitted and with the following two corrections to the proposed resolution document as recommended by staff: 1) Typographical correction to the case number on Page No. 1 to Zoning Ordinance Amendment 2013-114 2) The language correction on Page No. 2, Section 2 of the Mandatory Findings shall read: "Approval of the Zoning Ordinance Amendment will not create conditions materially detrimental to the public health, safety and welfare, and will have no impacts on the public health safety and welfare. The Amendment supports the construction of housing for all income levels in the City, meeting building requirements and all development standards of the Zoning Ordinance. The standards and requirements set forth in the amendment are therefore established PLANNING COMMISSION MINUTES 5 MAY 14, 2013 toward ensuring protection of the public health, safety and general welfare." Motion passed unanimously. Motion — A motion was made and seconded by Commissioners Weber /Wilkinson to adopt Resolution 2013 -006 recommending approval of Zone Change 2013- 143 as submitted. Motion passed unanimously. 4. Zoning Ordinance Amendment 2013-113 proposing certain amendments to Title 9 (Zoning), Chapter 9.60, of the La Quinta Municipal Code related to the addition of Section 9.60.115, establishing procedural and operational provisions for Cottage Food Operations within residential zoning districts. Location: City- wide. Principal Planner Wally Nesbit presented the staff report, a copy of which is on file in the Community Development Department. Chairperson Barrows declared the PUBLIC HEARING OPEN at 10:01 p.m. There being no questions or discussion, Chairperson Barrows declared the PUBLIC HEARING CLOSED at 10:02 p.m. Motion — A motion was made and seconded by Commissioners Wilkinson /Alderson to adopt Resolution 2013 -007 recommending approval of Zoning Ordinance Amendment 2013 -113 as submitted. Motion passed unanimously. BUSINESS SESSION - None CORRESPONDENCE AND WRITTEN MATERIAL - None COMMISSIONER ITEMS 1. Report on City Council meetings of April 16 and May 7, 2013. PLANNING STAFF ITEMS Community Development Director Les Johnson said that Council has elected to change to action minutes for all Boards and Commissions going forward. He explained action minutes would merely list the agenda items and the actions taken. He noted that the audio recording of all meetings is available to obtain by anyone through the City Clerk's office. PLANNING COMMISSION MINUTES 6 MAY 14, 2013 There being no further business, it was moved and seconded by Commissioners Barrows/Alderson to adjourn this meeting at 10:07 p.m. Motion passed unanimously. PLANNING COMMISSION MINUTES 7 MAY 14, 2013