HomeMy WebLinkAbout2011-04-05 PC Regular Meeting Minutes MINUTES
PALM DESERT PLANNING COMMISSION
TUESDAY — APRIL 5, 2011
I. CALL TO ORDER
Chair Campbell called the meeting to order at 6:00 p.m.
II. ROLL CALL
Members Present: Sonia Campbell, Chair
Nancy De Luna, Vice Chair
Van Tanner
Roger Dash
Connor Limont
Members Absent: None
Staff Present: Jill Tremblay, Assistant City Attorney
Bob Hargreaves, Deputy City Attorney
Lauri Aylaian, Director of Community Development
Tony Becker, Administrative Secretary
Jessica Gonzales, Management Analyst
III. PLEDGE OF ALLEGIANCE
Commissioner Limont led the pledge of allegiance.
IV. SUMMARY OF COUNCIL ACTION
Ms. Aylaian informed the Planning Commission that the City Council met on
Thursday, March 24, 2011. The only item related to land use was the
consideration of a proposed amendment to the Short-Term Vacation Rental
Ordinance. The City Council approved the first reading of the ordinance on a
3-2 vote with one change to the amendment reducing the cost of the deposit-
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based fee from $1,500 to $500. This amendment will go for a final reading
before the City Council at the next meeting. ..
V. ORAL COMMUNICATIONS
NONE
VI. APPROVAL OF MINUTES
Request for approval of the March 15, 2011, meeting minutes.
Action:
Commissioner Tanner moved and Commissioner De Luna seconded the
approval of the March 15, 2011 meeting minutes. Motion carried 5-0.
VII. CONSENT CALENDAR
NONE
Vill. PUBLIC HEARINGS
Chair Campbell stated that anyone who challenges any hearing matter in
court may be limited to raising only those issues he, she or someone else
raised at the public hearing described herein, or in written correspondence
delivered to the Planning Commission at, or prior to, the public hearing.
A. Case No. GPA 11-089, Update of the Housing Element, City of Palm
Desert/Terra Nova, Applicant(s).
That the Planning Commission approve the findings and adopt Planning
Commission Resolution No. 2548, recommending to the City Council adoption
of a Negative Declaration and approval of GPA 11-089.
Commissioner De Luna stated that she was recusing herself from these
proceedings due to a conflict of interest because she works for an affordable
housing developer, and excused herself from Council Chambers. She indicated
that since this was the only item on the agenda, she would not return to the
meeting.
Ms. Aylaian began by introducing Nicole Criste of Terra Nova Consulting. Their
firm is the City's main consultant for CEQA issues and was instrumental in
assisting the City of Palm Desert with its General Plan update in 2004. Terra
Nova has been and is very knowledgeable in planning issues, CEQA, housing
elements, and city procedures. Ms. Criste also has led five Valley cities and two
me
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non-Valley cities through the process of their own housing element updates and
getting State approval. She is a valuable resource to staff in various matters and
will present tonight's report on the Housing Element update.
Chair Campbell declared the public hearing open.
Ms. Criste orally presented her report and PowerPoint presentation to the
Planning Commission. She stated that this is an update to one of seven
mandatory elements within the General Plan. The housing element is the only
element that is mandated to be updated on a particular schedule and is the only
one that the State must review and certify. The State has reviewed this element
and has notified the City that this current draft is certifiable. The purpose of the
housing element is not to build housing but to remove constraints to the
development of affordable housing in the City.
The housing element contains data of current programs and how successful
they are or have been, demographics and an analysis of land available in the
City for certain types of housing. The current planning period that this update
covers is 2006-2014. This cycle is predetermined by the State. The primary
driver for the data comes from the Regional Housing Needs Allocation (RHNA).
The RHNA is the number of housing units that the State believes is necessary
for the City to accommodate (allowing for growth). The primary purpose of the
update was to add requirements of new law since the last RHNA cycle when
this was updated. There are just under 2,000 units that are required that are
... `above moderate' household income level and those will not require special
consideration. The remainder (about 2,800) is for moderate income levels and
low, very low and extremely low incomes. In all, there are about 1,900-2,000
units that need to be provided for lower-income categories. The RHNA was
prepared at a time when the State was growing at a very fast pace. Therefore,
the housing allocations are all very high for this area. Ms. Criste wanted to
reiterate that it is not the City's responsibility to build this housing, but instead to
remove any barriers in the planning process to the construction of this housing.
Given the current economic climate, it is highly unlikely that the number required
will be constructed by 2014.
The two significant changes in state law that require action are the provision of
land inventory -- zoned land that allows densities that the State considers
sufficient to provide affordable housing -- and the change in the law regarding
the uses of homeless shelters and group homes allowed in industrial zones.
During the last cycle, it was discovered that the City didn't have enough land
properly zoned for these types of housing. The majority of available land was in
the north sphere of the City and the City Council was concerned about having a
large concentration of housing in that area. After several meetings with the City
Council and the Planning Commission and staff, various parcels in other zones
of the City were identified that could be converted to higher density housing in
w.
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order to redistribute the units needed in the north sphere to fulfill State
requirements for housing. This is mentioned in Program 1 F in the Housing +
Element draft. Program 1 H states that a rezone is required for a density of 20
units/acre for some parcels in the northern portion of the City.
Program 5B addresses the changes necessary relating to group homes and
single-room occupancy housing which requires a number of administrative
changes and would probably be presented as one zoning amendment. The
CEQA process was completed as part of this update and a Negative
Declaration of Impact was issued. Since the publication of the agenda, neither
Staff nor Ms. Criste received any comments either in favor of or in opposition to
this document. Ms. Criste offered to answer any questions.
Commissioner Tanner began by asking what the consequences would be if the
City were not able to implement this plan by 2014; would there be any penalties.
Ms. Criste responded by asking if he intended 'implement' to mean 'construct'
[the housing]. Commissioner Tanner stated that the land would be provided for
rezoning, but would the City be penalized for not constructing? Ms. Criste said
that if the rezoning is complete, there would be no penalty. Commissioner
Tanner asked if the City would be held liable if the housing units weren't
constructed. Ms Criste stated that no, beyond the requirement to rezone, the
City isn't liable to build, only to remove barriers to plan for housing.
Commissioner Tanner asked who modified the definition of 'family'. Ms Criste
said that the federal government defines the standards. The definition of 'family' �+
was modified a few years ago..The definition of family in the current City
housing element does not meet the federal definition and that is one of the
required updates. The definition now states that a family is six or fewer persons
and is considered a single occupant. Seven persons or more does not
constitute a 'family' and can be regulated. Commissioner Tanner asked about
5C stating [in part] that, "...the City shall encourage certain entities such as
Coachella Valley Rescue Mission to seek CDBG funds..." and wanted to know
if that was new language or from the last cycle. Ms. Criste stated that language
was carried over from the current housing element.
Commissioner Dash asked about the State requirements and updating them;
Commissioner Dash wanted to know if they were the same things as the 'court
stipulation'. Ms. Criste stated that they were separate. Commissioner Dash
asked about the parcels on Exhibit 1, at the back of the packet, and would they
all need to be rezoned. Ms. Criste stated that those with parcel numbers on
them would need to be rezoned. Commissioner Dash wanted clarification about
what a `density overlay' entails. Ms. Aylaian interjected by defining an overlay as
just that: a particular zone classified as one density would have a set of
standards to meet; however, if a certain parcel met more than the base criteria,
then that parcel could be awarded a higher density for just that parcel within the
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certain zone—thus overlaying one zone with another and only granting the
higher zone classification to that parcel or parcels that met the higher standards.
Commissioner Limont wanted to comment on the amount of work that staff,
Terra Nova and the various individuals involved put into this project and thanked
everyone for their hard work in the past and hoped that approval could be
reached for this.
Chair Campbell asked for anyone to come forward to speak in favor of or
opposition to the proposed project. Seeing no one, she declared the public
hearing closed.
Ms. Aylaian stated that the commission packets did not originally contain the
Initial CEQA checklist, but those were presented to the Commission tonight, just
prior to the meeting, and are a part of the project.
Action:
Commissioner Limont moved and Commissioner Dash seconded adoption
of a Negative Declaration and recommendation to the City Council for
approval of GPA 11-089. The motion carried for approval 4-0
(Commissioner De Luna ABSENT).
Commissioner Limont moved and Commissioner Dash seconded adopting
'Ww Planning Commission Resolution No. 2548 recommending approval of
GPA 11-089. Motion carried 4-0 (Commissioner De Luna ABSENT).
IX. MISCELLANEOUS
NONE
X. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES COMMISSION
Commissioner Campbell stated that at the last meeting, they
selected new artists to add to the City Registry.
B. LANDSCAPE BEAUTIFICATION COMMITTEE
Commissioner Limont mentioned that there has been no meeting
since the last Planning Commission meeting.
C. PARKS & RECREATION
Commissioner Tanner said that the Commission met with the
newly-hired aquatics center director, Karen Creasy, who comes
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from Oregon. She is very dedicated and is looking at ways to
reduce maintenance and operations costs. Also, there was
discussion about building a restroom at the Cahuilla Hills Park. It
would not tie into sewer but would function as more than just as a
port-a-let. It would cost around $75,000 to construct. Commissioner
Limont asked if it would be similar to the restroom at Ironwood
(park). Commissioner Tanner stated that yes, they would be similar.
D. PROJECT AREA 4 COMMITTEE
Commissioner Dash indicated that there has been no meeting
since the last Planning Commission meeting.
X1. COMMENTS
Commissioner Tanner wanted to compliment staff and Terra Nova on a
job well done. Ms. Aylaian stated that she also thanked Terra Nova and
Nicole Criste for their hard work and also introduced Jessica Gonzales,
Management Analyst, Housing, who also assisted in the Element update.
Ms. Aylaian also stated that there would have been two items for the April
19 meeting, but both applicants withdrew their requests; therefore, the
April 19, 2011 Planning Commission meeting would be cancelled. The
next meeting will be May 3. Commissioner Tanner asked about Villa
Portofino and if that was still going to come before the Commission. Ms.
Aylaian stated that both the developers and the area residents are
requesting more time to allow for escrow to close. The developers have
been working with the area residents, keeping them informed and listening
to their concerns. The thirty day extension for close of escrow is coming
up and staff is looking at scheduling this when there aren't other
complicated or contentious issues on the agenda at the same time.
Commissioner Tanner asked if Rosewood and Villa Portofino would
happen the same night. Ms. Aylaian indicated that every effort is being
made to have those items on separate agendas.
X11. ADJOURNMENT
Commissioner Tanner moved and Commissioner Limont seconded the
adjournment of the meeting by minute motion. The motion carried 4-0. The
meeting was adjourned at 6:33 p.m.
LAURI AYLAIAN, Secretary
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ATTEST:
ZKIIA CAMPBELL, Chair
Palm Desert Planning Commission
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