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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- MINUTES PALM DESERT PLANNING COMMISSION APRIL 5 2011 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 2 MINUTES PALM DESERT PLANNING COMMISSION APRIL 5 2011 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. 3 MINUTES PALM DESERT PLANNING COMMISSION APRIL 5 2011 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 aw 4 MINUTES PALM DESERT PLANNING COMMISSION APRIL 5 2011 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 vow MINUTES PALM DESERT PLANNING COMMISSION APRIL 5 2011 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 ..r 6 MINUTES PALM DESERT PLANNING COMMISSION APRIL 5 2011 ATTEST: ZKIIA CAMPBELL, Chair Palm Desert Planning Commission /tb 7 aw