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HomeMy WebLinkAbout2015-02-03 PC Regular Meeting Minutes CITY OF PALM DESERT r PALM DESERT PLANNING COMMISSION • `. • g MINUTES TUESDAY, FEBRUARY 3, 2015 — 6:00 P.M. NNNN•� COUNCIL CHAMBER 73-510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER Chair Ken Stendell called the meeting to order at 6:00 p.m. II. ROLL CALL Present: Commissioner Sonia Campbell Commissioner Roger Dash Commissioner Nancy DeLuna Vice Chair John Greenwood Chair Ken Stendell Staff Present: Jill Tremblay, City Attorney Lauri Aylaian, Director of Community Development Tony Bagato, Principal Planner Eric Ceja, Associate Planner Monica O'Reilly, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner Roger Dash led the Pledge of Allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Lauri Aylaian, Director of Community Development, reported that at the meeting of January 22, 2015, the City Council had the first reading to make minor modifications to Title 25 of the zoning ordinance. They also discussed the issue of drive-through restaurants, and they decided to have it studied as part of the General Plan Update. Lastly, the Council considered a proposal for a large family day care center on Fairway Drive. They directed staff to return with a resolution approving the day care center without the requirement for limited hours, limited MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 3, 2015 season, and no requirement for van transportation from the church/school to the day care center. The resolution will be taken back to the Council on February 12. Commissioner Campbell asked if the children will be crossed in the middle of the street. Ms. Aylaian replied yes. V. ORAL COMMUNICATIONS None VI. CONSENT CALENDAR A. MINUTES of the Planning Commission meeting of January 20, 2015. Rec: By Minute Motion, approve as presented. Upon a motion by Commissioner Campbell, second by Commissioner Dash, and a 5-0 vote of the Planning Commission (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None), the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS None IX. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION of a recommendation to the City Council to approve a zoning ordinance amendment (ZOA) to Palm Desert Municipal Code Section 25.40.080 "Fences and Walls" to allow for the repair and maintenance of existing nonconforming fences, and to prohibit nonconforming fence materials from the City's Architectural Review Commission's exceptions procedure. Case No. ZOA 14-421 (City of Palm Desert, Applicant). Mr. Eric Ceja, Associate Planner, stated that after the City Council heard two appeals for wood fence exceptions, they directed staff to form a committee to review the fence and wall ordinance. The committee was formed, and they discussed the ordinance provisions at two meetings. He noted that the ordinance pertaining to fences and walls was changed approximately two decades ago to prohibit wood fences that are visible from public streets. Wood material was prohibited because it was determined that wood deteriorates quicker than other 2 G:\Planning\Monica OReilly\Planning Commission\2015\Minutes\2-3-15 min.docx MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 3, 2015 materials due to the sun, heat, and over spray from landscape irrigation. He stated that the current code reads that existing nonconforming fences can be repaired, unless it is a major structural repair. He said that the code has been interpreted as allowing homeowners to repair up to 50 percent of the existing nonconforming fence, which has not resulted in a desirable outcome. He displayed photos of fences to show as examples. Mr. Ceja stated that the committee decided to strike that language from the ordinance, and add new language that would allow homeowners to replace existing fences as long as the new and old materials match. The committee added other language to reinforce the prohibition on wood fences by stating that changes in design or material type would now have to conform to the existing ordinance that calls for block walls. In addition, new language was added to reinforce that existing wood fences must be maintained according to the property maintenance ordinance. He noted that the committee asked for an exception for materials, including wood, to not be allowed for review when visible from the public right-of-way. Mr. Ceja stated that the ARC reviewed the proposed ordinance amendment, and they prefer to see an outright prohibition on wood fences. However, the ARC understood the committee's concern with financial hardship for property owners, and recommended approval of the proposed changes. He offered to answer any questions. Commissioner Dash referred to the provision that states a property owner be allowed to maintain their nonconforming fence in perpetuity until they choose to replace the material. He asked if this applies only to the current owner, or is it transferred to the new owner. Will the new owner have to bring the fence into compliance? Mr. Ceja responded that the existing wood fence, regardless of a property transfer, would be allowed to remain in perpetuity as long as it is maintained in accordance with the property maintenance ordinance. Commissioner DeLuna asked if a fence is 50 percent in a state of disrepair, can the code require the property owner to maintain and repair the fence. Does the City have the authority? If a code officer drives by a property that has a fence in disrepair, can the officer give the property owner a citation to either replace the existing wood fence or install a conforming fence material? Is that how the ordinance will read? Mr. Ceja replied that is correct. Commissioner DeLuna referred to a condominium project that was recently approved on Shadow Mountain Drive. She inquired about the City having the ability to add a condition on a project to have a block wall instead of a wood fence. Ms. Aylaian responded that the condominium project, if a block wall was not being proposed, would require a discretionary approval by the Planning 3 G:\Planning\Monica OReilly\Planning Commission\2015\Minutes\2-3-15 min.docx MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 3, 2015 Commission. Therefore, the Planning Commission would be able to impose conditions on a project. Mr. Tony Bagato, Principal Planner, added that there would need to be a valid nexus to say that there would be a need for a block wall versus a wood fence to make that determination. He stated that if there is no valid concern, the City cannot force a block wall to be installed. After a brief discussion on adding a condition for a block wall, Ms. Aylaian commented that staff would consult with the City Attorney to make sure an added condition would withstand scrutiny. Commissioner DeLuna reaffirmed that it is possible to add a condition. Ms. Aylaian replied yes. Vice Chair John Greenwood asked when a block wall goes before the ARC, is it handled mostly at staff level? What are the requirements in terms of aesthetics? Mr. Ceja explained that the property owner will visit the Planning Department, and let staff know that they are interested in repairing or replacing their wood fence. Staff will first check if it is not visible from the street, if not, staff will approve it. However if the fence is visible from the street, staff will let the property owner know that the material is prohibited and they would need a block wall with a gate. Vice Chair Greenwood clarified that before the Planning Commission is a nonconforming revision to the zoning ordinance. Mr. Ceja replied that is correct. He stated that the ordinance changes deal specifically with nonconforming fences, which it is an attempt to address wood fences in the community. Commissioner DeLuna asked who decides when a fence is in a state of disrepair, and the property owner is required to repair or replace the fence. Mr. Ceja responded that typically it would be the Code Department while canvassing the community. Commissioner DeLuna inquired what type of material is used for a gate, if there is a block wall. Mr. Ceja replied that wrought iron gates are allowed. A well designed gate will also be allowed. Commissioner Campbell asked why a gate would be required if they have a block wall. 4 G:\Planning\Monica OReilly\Planning Commission\2015\Minutes\2-3-15 min.docx MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 3, 2015 Mr. Ceja replied that they are not required to add a gate. He stated that only in situations where the property owner has an existing gate to access their side yard. Commissioner Campbell asked if it is not mandatory to have a gate. Mr. Ceja said that they need one for fire access and only one is needed. Chair Stendell asked when a six-foot fence repair requires a permit. He pointed to one of the fences displayed in the photos, and also asked when a property owner would come in to see the Planning Department for a fence repair. Mr. Ceja responded that the property owner would only come in on their own choosing if they want to replace the fence themselves, or if they were cited by the Code Department. Chair Stendell asked how you make a property owner accountable to see the Planning Department to repair or replace a fence. Mr. Ceja answered that the City would have to rely heavily on the Code Compliance Department to flag property owners, and have them talk to the Planning Department. Vice Chair Greenwood commented that there was a representative from Lowe's on the committee. He asked if there was discussion on educating retail staff so they can make the customer aware of the process in place. Mr. Ceja responded that there is educational material that could be given to the retailers. He mentioned that staff ran into a similar issue with paint color changes on homes. Staff canvassed paint contractors with notices, as well as paint supply businesses in the community. Vice Chair Greenwood asked if staff will send out material pertaining to the fences and walls. Mr. Ceja replied yes, if the amendment to the zoning ordinance is approved. Chair Stendell declared the public hearing open and asked for any public testimony IN FAVOR or OPPOSITION. With no testimony offered, Chair Stendell declared the public hearing closed. Commissioner DeLuna moved, by Minute Motion, to approve recommending to the City Council a ZOA to Palm Desert Municipal Code Section 25.40.080 "Fences and Walls" to allow for the repair and maintenance of existing nonconforming fences, and to i" prohibit nonconforming fence materials from the City's Architectural Review Commission's exceptions procedure. Motion was seconded by Commissioner Campbell WIImo G:\Planning\Monica OReilly\Planning Commission\2015\Minutes\2-3-15 min.docx MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 3, 2015 and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None). Commissioner DeLuna moved, by Minute Motion, to waive further reading and adopt Resolution No. 2644, approving ZOA 14-421. Motion was seconded by Commissioner Campbell and carried by a 5-0 vote (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None). X. MISCELLANEOUS None XI. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES None B. PARKS & RECREATION None C. GENERAL PLAN UPDATE Vice Chair Greenwood reported that the General Plan Update Technical Working Group met on Friday, January 23, and the consultant provided another great presentation. He stated that the community workshop scheduled for February 5 has been postponed. Ms. Aylaian announced that the new date is Thursday, March 5; 3:30 to 5:30 p.m. at the Desert Willow Clubhouse. Commissioner DeLuna stated that she regrets there is a conflict with her schedule. She will be attending the League of California Cities Planning Commissioners' Academy, and she will not be able to attend the next General Plan Update community workshop. XII. COMMENTS Vice Chair Greenwood commented that he likes the aesthetic of block walls. However, he lives in a neighborhood that was built in the 80's in Palm Desert, and it has predominately wood fences. He stated that he appreciates the hard work that went into the fences and walls ordinance amendment. Chair Stendell mentioned that the committee had a representative from the Palm Desert Country Club Homeowners' Association, which is another community with 6 G:\Planning\Monica OReilly\Planning Commission\2015\Minutes\2-3-15 min.docx L_ • MINUTES PALM DESERT PLANNING COMMISSION FEBRUARY 3, 2015 predominately wood fences. He said that Code Compliance could only do so much. However, the homeowners' association can act as a policing agency too. Commissioner DeLuna inquired if public or private safety comes into play when a fence which is in bad condition can fall and injure someone. Ms. Aylaian responded that if it could fall in a public right-of-way, it would become an issue and could be addressed. Commissioner DeLuna asked if a fence has been blown over several times, could the City replace it and file a lien on the property. Ms. Aylaian replied that the City could if it was really a public nuisance. However, the City does not collect on the liens until the owner sells the property. XIII. ADJOURNMENT Upon a motion by Commissioner Greenwood, second by Commissioner Campbell, and a 5-0 vote of the Planning Commission (AYES: Campbell, Dash, DeLuna, Greenwood, and Stendell; NOES: None; ABSENT: None), Chair Stendell adjourned the meeting at 6:35 p.m. K N STEN ELL, CHAIR ATTEST: LAIJRI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION MONICA O'REILLY, RECO'4:41 G SECRETARY 7 G:\Planning\Monica OReilly\Planning Commission\2015\Minutes\2-3-15 min.docx