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2019 05 14 PC MinutesPLANNING COMMISSION MINUTES TUESDAY, MAY 14, 2019 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 6:00 p.m. by Chairperson McCune. PRESENT: Commissioners Caldwell, Currie, Proctor, Quill, Wright and Chairperson McCune ABSENT: Commissioner Bettencourt STAFF PRESENT: Design and Development Director Danny Castro, Assistant City Attorney Travis Van Ligten, Planning Manager Cheri L. Flores, City Engineer Bryan McKinney, Consulting Planner Nicole Sauviat Criste, Commission Secretary Wanda Wise -Latta and Administrative Assistant Mirta Lerma PLEDGE OF ALLEGIANCE Commissioner Currie led the Planning Commission in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - None CONFIRMATION OF AGENDA Chairperson McCune requested that the order of the public hearings be reversed to allow time for a representative from AT&T to arrive. Planning Manager Cheri L. Flores requested to make a presentation under Announcements, Presentations, and Written Communications section of the agenda. Planning Commission concurred. ANNOUNCEMENTS —PRESENTATIONS AND WRITTEN COMMUNICATIONS Planning Manager Cheri L. Flores presented an update regarding the Highway 111 Corridor Plan Charrettes and announced that a Special Joint Study Session of the City Council and Planning Commission has been scheduled for June 11, 2019 to discuss the Highway 111 Corridor Area Plan. Commissioner Bettencourt arrived and took his place on the dais at 6:03 p.m. PLANNING COMMISSION MINUTES 1 MAY 14, 2019 PUBLIC SPEAKER: Dale Tyerman, La Quinta - Mr. Tyerman introduced himself and commented on his observations regarding the Highway 111 Corridor Plan Charrettes. Commissioner Bettencourt apologized to the Planning Commission for his tardiness. CONSENT CALENDAR 1. APPROVAL OF MINUTES DATED APRIL 23, 2019 MOTION - A motion was made and seconded by Commissioners Caldwell/Proctor to approve the Consent Calendar as submitted. AYES: Commissioners Bettencourt, Caldwell, Currie, Proctor, Quill, Wright and Chairperson McCune. NOES: None. ABSENT: None. ABSTAIN: None. Motion passed unanimously. BUSINESS SESSION - None STUDY SESSION - None PUBLIC HEARINGS DECLARATIONS REGARDING PLANNING COMMISSION PUBLIC CONTACTS Commissioners Quill and Wright stated that they were acquainted with the applicant, Mr. Snellenberger of Desert Land Holdings, but had no recent contact with the applicant. No other public contacts were reported. 1. ADOPT A RESOLUTION TO APPROVE SITE DEVELOPMENT PERMIT 2018-0014 AND TENTATIVE TRACT MAP 2018-0006 (TTM 36875) TO CONSTRUCT 16 SINGLE-FAMILY HOMES ON 3.22 ACRES. APPLICANT: DESERT LAND HOLDINGS. CEQA: FINDINGS OF ENVIRONMENTAL ASSESSMENT 2015- 0002 APPLY AND NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED. LOCATION: SOUTHEAST CORNER OF JEFFERSON STREET AND PALM CIRCLE DRIVE. Consulting Planner Nicole Sauviat Criste presented the staff report, which is on file in the Design and Development Department. Ms. Criste responded to Planning Commissioners' inquiries regarding access and traffic circulation; provided information regarding the applicant's redesign of the tract and access to and from Jefferson Street which the City Traffic Engineer found to be acceptable; confirmed that the project would not be gated, but the street will be private; and indicated that there was a mitigated negative declaration for the project. PLANNING COMMISSION MINUTES 2 MAY 14, 2019 CHAIRPERSON MCCUNE OPENED THE PUBLIC HEARING AT 6:29 P.M. PUBLIC SPEAKER: Jim Snellenberger, Indian Wells - introduced himself and provided additional information regarding the project. Commissioner Quill asked Mr. Snellenberger if consideration had been given to change the architectural design of the project and what that process would entail. Consulting Planner Criste stated an amendment to the site development permit would be required. PUBLIC SPEAKER: Rick Hand, La Quinta - Introduced himself as President of the Westward Isle Homeowners Association (HOA) and spoke in support of the project. He commented on the accessibility to the project from Jefferson Street. Stating that he represented the HOA, Mr. Hand asked the Planning Commission to consider a condition of approval whereby Desert Land Holdings would release the easement that was in the original approved plans and return the easement to the HOA. Mr. Hand asked for clarification of Site Development Permit 2018-0014 (SDP) Condition of Approval 55 and Tentative Tract Map 36875 (TTM) Condition of Approval 21; and inquired about the approval and construction timeline for the project. Planning Consultant Criste noted that the project is before the Planning Commission for approval and would not go to the City Council for consideration. The TTM is approved for a 2-year period with up to five years of extensions possible and the SDP is approved for a two-year period with possible extensions. Ms. Criste provided clarification regarding TTM Conditional of Approval 21. PUBLIC SPEAKER: Dr. Mark Lee Watkins, La Quinta - spoke in opposition to the approval of the project; the corporate status of Desert Land Holdings; and stated he does not oppose the project. CHAIRPERSON MCCUNE CLOSED THE PUBLIC HEARING AT 6:54 P.M. City Attorney Travis Van Ligten commented that based on information staff received to date, there is no evidence leading to a conclusion that the applicant is a suspended corporation at this time and presumably the applicant in submitting permits has represented his status truthfully. He noted that the applicant would need a valid business license to act upon any approval. Commissioner Bettencourt commented that the applicant's timing regarding when to proceed are not part of the regulatory requirements before the Commission for consideration and noted that the life of the subdivision map is governed by the Subdivision Map Act and the Commission's approvals are governed by existing rules. MOTION: A motion was made and seconded by Commissioners Caldwell/Wright to adopt Planning Commission Resolution 2019-007 approving Site Development Permit 2018-0014 and Tentative Tract Map 2018-0006 (TTM 36875) to construct 16 PLANNING COMMISSION MINUTES 3 MAY 14, 2019 single-family homes on 3.22 acres subject to the findings and conditions of approval. AYES: Commissioners Bettencourt, Caldwell, Currie, Proctor, Quill, Wright and Chairperson McCune. NOES: None. ABSENT: None. ABSTAIN: None. Motion passed unanimously. 2. CONTINUED FROM APRIL 23, 2019 - ADOPT A RESOLUTION TO APPROVE CONDITIONAL USE PERMIT 2018-0006 TO CONSTRUCT A 90-FOOT MONOPALM WIRELESS TELECOMMUNICATION FACILITY. APPLICANT: EUKON GROUP FOR AT&T. CEQA: EXEMPT FROM ENVIRONMENTAL REVIEW UNDER CEQA, PURSUANT TO SECTION 15303 (CLASS 3), NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES. LOCATION: SOUTHWEST CORNER OF AUTO CENTRE WAY AND AUTO CENTRE DRIVE. [RESOLUTION 2019-0081 Planning Manager Cheri L. Flores presented the staff report, which is on file in the Design and Development Department. Chairperson McCune disclosed that he is working on an AT&T cell tower site, working directly for the property owner and not AT&T. Staff responded a Planning Commissioner's inquiry regarding radio frequency radiation noting that the applicant indicated that the facility is within the Federal Communication Commission's (FCC) regulations. Commission suggested that live palms be no be taller than 18 feet; inquired about existing monopalms within that City that are close in height to the proposed monopalm and staff noted there is a 70- foot monopalm north of Highway 111 and a 120-foot tower located at an IID facility within the City; shared concern regarding the height of 90-foot monopalm; and proximity to the adjacent Shopoff residential development. Staff stated that Shopoff staff had been notified of the public hearing for the proposed monopalm. PUBLIC SPEAKER: Jerry Ambrose, AT&T - He introduced himself and local AT&T representative, Julio Figueroa. Mr. Ambrose noted that a site -specific report was provided to staff which included information regarding FCC compliance. Chairman McCune asked that the representative from Hadley Villas who spoke at the April 23, 2019 Planning Commission meeting regarding concerns about radio frequency waves be notified of the site -specific report and provided a copy of the report summary page. Mr. Ambrose clarified the standards for public exposure to radio frequency waves and responded to inquiries regarding the 90-foot height. PUBLIC SPEAKER: Julio Figueroa, Director of External Affairs for AT&T - introduced himself; provided additional information regarding the proposed project, addressed concerns regarding maintenance of the monopalm site; spoke about AT&T's PLANNING COMMISSION MINUTES 4 MAY 14, 2019 response to service demands; AT&T's exclusivity in providing First Net which is a wireless network exclusively for first responders; and provided his contact information to the Commission. CHAIRPERSON MCCUNE CLOSED THE PUBLIC HEARING AT 7:23 P.M. MOTION: A motion was made and seconded by Commissioners Bettenco u rt/ Proctor to find the project exempt from environmental review under CEQA, pursuant to Section 15303 (Class 3), new construction or conversion of small structures and adopt Planning Commission Resolution 2019-008 approving Conditional Use Permit 2018-0006 to construct a 90-foot monopalm wireless telecommunication facility. AYES: Commissioners Bettencourt, Caldwell, Proctor, Wright and Chairperson McCune. NOES: Commissioners Currie and Quill. ABSENT: None. ABSTAIN: None. Motion passed. REPORTS AND INFORMATIONAL ITEMS - None COMMISSIONERS' ITEMS - None STAFF ITEMS - None ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright/Caldwell to adjourn this meeting at 7:26 p.m. Motion passed unanimously. Respectfully submitted, �P�. (& - - WANDA WISE-LATTA, Commission Secretary City of La Quinta, California PLANNING COMMISSION MINUTES 5 MAY 14, 2019