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2024 07 09 PC MinutesCALL TO ORDER PLANNING COMMISSION MINUTES TUESDAY, JULY 9, 2024 A regular meeting of the La Quinta Planning Commission (Commission) was called to order at 5:01 p.m. by Chairperson Nieto. PRESENT: Commissioners Guerrero, Hassett, McCune, Tyerman, and Chairperson Nieto ABSENT: Commissioner Hernandez and Hundt STAFF PRESENT: Design and Development Director Danny Castro, Public Works Director Bryan McKinney, Planning Manager Cheri Flores, Senior Planner Scott Nespor, Associate Planner Siji Fernandez, City Attorney Bill Ihrke, and Deputy City Attorney Jessica Sanders PLEDGE OF ALLEGIANCE Commissioner Guerrero led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Alena Callimanis, La Quinta (received donated time from Judy Hovjacky) — read the written comments she submitted into the record, expressing opposition to the Planning Commission's recommendation to Council, from the May 28, 2024, regular meeting, for approval of the Travertine project due to lack of ability to review the Final Environmental Impact Report (EIR) and related public comment, and the applicant's lack of Bureau of Land Management approvals. Secretary Flores said the written public comment received from La Quinta resident Alena Callimanis, noted above, was distributed to the Commission, made public, and included in the public record of this meeting. CONFIRMATION OF AGENDA MOTION — A motion was made and seconded by Commissioners Hassett/Guerrero to confirm the agenda as published. Motion passed: ayes — 5, noes — 0, absent — 2 (Hernandez and Hundt), abstain — 0. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS PLANNING COMMISSION MINUTES Page 1 of 7 JULY 9, 2024 Director Castro announced that Kevin Hundt was recently appointed to serve on the Commission and would be introduced at a future meeting due to his absence. CONSENT CALENDAR — None. STUDY SESSION — None. PUBLIC HEARINGS 1. CONTINUED FROM JUNE 11, 2024: CONSIDER ADOPTING A RESOLUTION TO APPROVE SITE DEVELOPMENT PERMIT 2022-0013 FOR THREE 2,839 SQUARE FOOT MIXED USE BUILDINGS; CEQA: THE PROJECT IS CONSISTENT WITH THE PREVIOUSLY ADOPTED ENVIRONMENTAL IMPACT REPORT WHICH WAS PREPARED FOR THE VILLAGE BUILD -OUT PLAN (EA2016-0012; LOCATION: 78059 CALLE ESTADO DECLARATIONS OF COMMISSION PUBLIC CONTACT OR CONFLICTS — None. Senior Planner Nespor presented the staff report, which is on file in the Design and Development Department. Staff answered safety concerns regarding the 2nd story wall height reduction. CHAIRPERSON NIETO NOTED THAT THE PUBLIC HEARING REMAINED OPEN FROM THE JUNE 11, 2024, PLANNING COMMISSION MEETING. Secretary Flores said that no written public comment had been received regarding this item, and there were no requests to speak. CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING CLOSED AT 5:19 P.M. Commission discussion followed regarding the updated architecture and landscape plans, including 2nd -level landscaping and window details at the alleyway garages. MOTION — A motion was made and seconded by Chairperson Nieto/Commissioner Hassett to adopt Planning Commission Resolution No. 2024-010 to approve SDP2022- 0013 for a new mixed-use project, as presented, and find the project is consistent with the previously adopted Environmental Impact Report, which was prepared for the Village Build -Out Plan per Environmental Assessment 2016-0012. Motion passed: ayes — 5, noes — 0, absent — 2 (Hernandez and Hundt), abstain — 0. BUSINESS SESSION 1. CONSIDER APPEAL OF STAFF LEVEL DECISION APPROVAL OF TEMPORARY USE PERMIT 2024-0001 TO OPERATE TWO TEMPORARY FOOD TRAILER(S) LOCATED ON PARCELS 773-078-016 AND 773-078-017 PLANNING COMMISSION MINUTES Page 2 of 7 JULY 9, 2024 DECLARATIONS OF COMMISSION PUBLIC CONTACT OR CONFLICTS — None. Chairperson Nieto said that he had visited the site on his own to familiarize himself with the area; Commissioner Guerrero said she knew the applicant and the appellant but had no conflicts regarding the item for consideration. City Attorney Ihrke provided a brief factual background and procedural information of the appeal process and answered Commission questions regarding public speakers and consideration of those comments; City Attorney Ihrke referenced the Memorandum included in the Staff Report regarding the Proposed Process for Conducting the Hearing on Administrative Appeal; and referenced the matter before the Commission was an administrative appeal of a Temporary Use Permit (TUP) issued by the Director of the City's Design and Development Department; and referenced that the administrative appeal required the Commission to serve and exercise its powers as a "quasi - adjudicatory" body that must conduct the hearing with due process and in an impartial manner; and referenced that, pursuant to California Supreme Court precedent, the City Attorney's Office followed requirements of due process by separating the office's "prosecutorial" and "advisory" functions with a "firewall" set up between Deputy City Attorney Sanders, serving in the prosecutorial/advocacy role, and City Attorney Ihrke, serving in the advisory role to the Commission. CHAIRPERSON NIETO OPENED THE FLOOR FOR THE APPELLANT'S TESTIMONY. Appellant Wells Marvin, co-owner of Old Town La Quinta, provided a history of his development projects within the City and presented testimony in dispute of the staff approval of the TUP 2024-0001 due to length of time allowed in the TUP; lack of public notice, public input, and Planning Commission consideration; absence of previous approvals for food trucks within the City; and said there was no need for additional eateries in the Village area. He stated opposition to the project itself due to the use of temporary trailers being inconsistent with surrounding buildings and uses in the Village area; noncompliance with the Americans with Disabilities Act (ADA); and general deficiencies in accessibility, lighting, height, and dust regulations. He also criticized the City for spending funds on attorney fees and not responding to public records requests for emails and phone logs; questioned the use of firewall security by the City Attorney and Deputy City Attorney; accused the City of a conspiracy of silence; and requested the Planning Commission revoke this permit. City Attorney Ihrke confirmed that the City Attorney's Office did follow legal precedent and best practice protocols to set up a firewall that prevented the sharing of information between himself and Deputy City Attorney Sanders; and confirmed that he and Deputy City Attorney Sanders did not commute to City Hall together or have had any discussion regarding this matter prior to the Commission's meeting. Appellant Marvin answered Commission questions regarding his reasons for appealing the permit, provided additional comments regarding the City's involvement in creating the project, and alleged to a preferential treatment of the applicant by the City due to his PLANNING COMMISSION MINUTES Page 3 of 7 JULY 9, 2024 familiarity with the Mayor. He also argued that the standard process for businesses and building approvals was not followed appropriately. CHAIRPERSON NIETO OPENED THE FLOOR FOR CITY REPRESENTATIVE TESTIMONY. Associate Planner Fernandez gave a presentation on the project and the process, and general plan guidelines used to determine approval for this project. Staff answered Commission questions regarding whether or not there were any recent changes to La Quinta Municipal Codes; types of TUPs previously approved; the project's characteristics that make it eligible for a Director's Determination decision authority; economic, aesthetic and cultural influences and standards for approving food trucks in the Village; existing and potential zoning codes and/or ordinances to allow for food truck uses; site zoning and accessibility; TUP approval process and factors used to determine the need for Commission consideration; alternative mechanisms for food truck use approvals; restrictions on the approved duration for TUPs and the ability to request an extension of approval; the possibility of future amendments to this permit allowing additional food trucks on the site; staff level decision process and purpose; general plan consistency; ADA compliance; food truck use with Minor Use Permit (MUP) or an accessory to an MUP; and any public comments received regarding the approval. CHAIRPERSON NIETO OPENED THE FLOOR FOR TESTIMONY FROM ANY PARTIES WITH INTEREST IN THE PROJECT OR APPEAL. PUBLIC TESTIMONY: Allen Burkette, La Quinta — opposed to the approval of this project due to inconsistency with surrounding businesses and buildings; and negative impacts of business competition for the surrounding restaurants and retail shops. PUBLIC TESTIMONY: Brody Schmidt, La Quinta — in support of the approval of this project due to the stimulation of economy, growth, and competition in the area. PUBLIC TESTIMONY: Brian Newman, local business owner (Pedego Bike Shop) and applicant/owner of the project — in support of the approval of this project due to local community support, providing diverse eatery options, attracting other small businesses to the area; said that he had followed all standard application procedures relevant to the project; and expressed intent of expanding the TUP to include additional food trucks. PUBLIC TESTIMONY: Ezekial Coronel, owner of the neighboring property — opposed the approval of this project due to a lack of approval process and public notification; and expressed concerns regarding cleanliness due to a lack of restrooms and handwashing stations and lack of ADA access. PUBLIC TESTIMONY: Robert Kane, food truck owner and operator of 20 years — in support of the approval of this project and said that the TUP process is consistent with surrounding cities' process for these projects; further defined food trucks as Mobile Food PLANNING COMMISSION MINUTES Page 4 of 7 JULY 9, 2024 Facilities and provided additional information on county regulations regarding health and safety that are consistent with restaurant and other food service businesses including requirements for handwashing sinks, insurance policies, plan check processes, business and permitting processes, comprehensive inspections, and approval processes, and said that these types of business owners invest significant time and money with the intent to be a part of the local business community. PUBLIC TESTIMONY: James Suer, local real estate agent in La Quinta — in support of the approval of this project; and said that he is a frequent food truck patron and recently posted the project on his Instagram page and received positive feedback and support from the community on this project. Appellant Marvin provided rebuttal including general disapproval and argued that there are existing walk-up eateries in the surrounding area; a traditional restaurant should be developed on the site and follow standard application processes; food truck businesses do not contribute to the community and are inconsistent with the history or architecture of the city; and encouraged the Commission to revoke the approval of the project. Staff answered Commission questions regarding available options for Commission action on the appeal and project under consideration, the process for each, and the ability to refer back to the original decision-making authority for reconsideration and include direction(s). Commission discussion followed regarding food trucks and food truck parks; current zoning and municipal codes regarding unlisted uses; this proposed use could have been considered by the Commission through a more public process; concern is that this proposal has been referred to as a "food truck park," which may be too much for a TUP; food truck parks' ability to create contemporary attraction that adds value, income, and diversity to the area; respecting public and commercial entity interests; project site design and character incorporating creative uses and walkability; future review of municipal codes pertaining to food trucks; lack of evidence of any inappropriate conduct by staff in the approval process; concerns about potable water, cleanliness and drainage; and possibly adding conditions of approval to require a more detailed site plan with site enhancements including ADA compliance, landscape and food handling safety features, a structured schedule of days/dates of operation, and listing the City as a named insured on insurance policies. City Attorney Ihrke gave clarification to the Commission on the process for the appeal and TUP moving forward and clarified options for Commission decisions on the appeal, which were (1) to sustain, reverse, or modify the Director's decision, (2) continue the appeal for further consideration, or (3) refer the TUP application back to the Director with directions. After discussion and consideration, consensus was reached by the Commission to refer the TUP application back to the Director for additional conditions of approval consistent with the Commissions' discussion and direction. PLANNING COMMISSION MINUTES Page 5 of 7 JULY 9, 2024 MOTION — A motion was made and seconded by Commissioners Guerrero/Hassett to refer the application for Temporary Use Permit 2024-0001 back to the Director of the Design and Development Department to include additional conditions of approval addressing the following: requiring a detailed site plan with site enhancements including ADA compliance; using another surface besides decomposed granite (DG) on the site; reviewing power connections for safety; addressing handwashing and restroom availability; including landscaping, shade, and temporary furniture; issuing a structured schedule of days/dates of operation; and listing the City as a named insured on insurance policies; and the Commission authorized the Director to return to the Commission for consideration if deemed necessary by the Director. Motion passed: ayes — 5, noes — 0, absent — 2 (Hernandez and Hundt), abstain — 0. 2. APPOINT A PLANNING COMMISSION CHAIRPERSON AND VICE CHAIRPERSON FOR FISCAL YEAR 2024/25 Chairperson Nieto said that in the interest of continuity of this meeting, the next term for Chairperson and Vice Chairperson would begin at the opening of the next Planning Commission meeting, and asked for nominations for the position of Commission Chairperson for fiscal year 2024/25. MOTION — A motion was made and seconded by Chairperson Nieto/Commissioner Tyerman to appoint Vice Chairperson Hassett to serve as Commission Chairperson for fiscal year 2024/25. Motion passed: ayes — 5, noes — 0, absent — 2 (Hernandez and Hundt), abstain — 0. Chairperson Nieto asked for nominations for the position of Vice Chairperson for fiscal year 2024/25. MOTION — A motion was made and seconded by Commissioners McCune/Hassett to appoint Commissioner Guerrero to serve as Commission Vice Chairperson for fiscal year 2024/25. Motion passed: ayes — 5, noes — 0, absent — 2 (Hernandez and Hundt), abstain — 0. COMMISSIONER ITEMS Commission expressed gratitude to Chairperson Nieto for his professionalism and leadership while serving as Chairperson over the last year. Chairperson Nieto expressed his appreciation for the Commission's process and congratulated the new Chair and Vice Chair. STAFF ITEMS — None. ADJOURNMENT There being no further business, a motion was made and seconded by Chairperson Nieto/Commissioner Guerrero to adjourn this meeting at 7:54 p.m. PLANNING COMMISSION MINUTES Page 6 of 7 JULY 9, 2024 Motion passed: ayes — 5, noes — 0, absent — 2 (Hernandez and Hundt), abstain — 0. Respectfully submitted, LA4 - TANIA FLORES, Commission Secretary City of La Quinta, California PLANNING COMMISSION MINUTES Page 7 of 7 JULY 9, 2024