1985 07 09 PC Minutes MINUTES
PLANNING COMMISSION CITY OF LA QUINTA
A Regular Meeting Held at the La Quinta
City Hall, 78-105 Calle Estado, La Quinta,
California
July 9, 1985 7: 00 p.m.
A. Chairman Thornburgh called the Planning COMMission meeting to order at
7:00 p.m. He called upon Sandra L. Bonner, Principal Planner, to lead
the flag salute.
2. ROLL CALL
A. Chairman Thornburgh requested the roll call. The Secretary called the
roll:
Present: Cc~missioners Brandt, De Gasperin, Moran, Walling and Chairman
Thornburgh
Absent: None
Also present were Cum]unity Development Director Lawrence L. Stevens,
Principal Planner Sandra L. Bonner and Secretary Donna M. Velotta.
3. ELECTION OF NEW CHAIRMAN AND VICE CHAIRMAN OF THE PLANNING COMMIISSION
Chai~ Thornburgh opened nominations for the office of Chairman of the
Planning Conmtis s ion.
Commissioner Moran nominated Thomas Thornburgh for this office. There being
no further nominations, Chairman Thornburgh closed the ncminations for the
office of Chairman· of the Planning Conmission.
Commissioner Moran made a motion that Thomas Thornburgh be reelected to the
office of Chairman of the Planning Cc~raission by acclamation. Cc~missioner
Walling seconded the motion. Unanimously Adopted.
Chainm3n Thornburgh opened nominations for the office of Vice Chairman of
the Planning Commission.
Cc~missioner Moran ncmtinated John Walling for this office. There being no
further nominations, Chaimman Thornburgh closed the nominations for the
office of Vice Chairman of the Planning Conmission.
Cc~missioner Moran made a motion that John Walling be reelected to the office
of Vice Chairman of the Planning Cc~mission by acclamation. Chairman Thornburgh
seconded the motion. Unanimously Adopted.
4. HEARINGS
Chairman Thornburgh introduced the hearing item as Development Agreement No.
85-001, a request by The Grove of La Quinta to enter into a development
agre~t pursu_~_nt to Section 65854 et seq. of the California Government Code,
relative to Specific Plan No. 85-004, which was approved by the City Council
on November 20, 1984. He called for a report from Staff.
1. Lawrence L. Stevens, Community Development Director, advised the Cc~ssion
that this develo~n~_nt agre~t is a contract betw~ the Applicant developer
and the City whereby each contracts for certain guarantees. This contract
is authorized under Section 65854 et seq. of the California Government Code.
He noted that during the past several months, the City Attorney and he
(Director Stevens) have been meeting with Dave Howerton, who is the
Architectural Planner for The Grove project, and Jeff Trant, the project
attorney, discussing the details of the agreement. The document before the
Cc~xmission is now in a fairly satisfactory form. Therefore, the purpose of
this hearing is to solicit the Planning Cc~nission's point of view and any
public cc~ment that might be pertinent to this particular proposal.
MINUTES - PLANNING OOMMISSION
July 9, 1985
Page 2.
Director Stevens then gave a brief overview of The Grove project as a
review for those who are familiar with it and to bring the new Cc~missioners
up-to-date. He noted that the project had been approved in October/November
of 1984 via a revised Specific Plan that had been approved originally by
Riverside County in 1978. A copy of the Specific Plan document was passed
along to the Cc~missioners for their review. Director Stevens advised that
part of the developmant agreement document does include the conditions of
approval which the City imposed on the project, which are in addition to
the elements shown in the Specific Plan document and related maps.
Addressing the Staff Report prepared on the develo~x~ent agreement, Director
Stevens stated that he tried to give the Cc~mission a sunm~3ry of the main
reasons why someone would want to enter into a develo~r~nnt agreement. He
felt that frcm the Applicant developer's point of view, the document gives
th~ protection frc[n uncertainty as, fOr example, zoning is not a guarantee
unless it is supported by a document such as this. Projects with a long-
term buildout are helped by having such a documant in the areas of financing,
etc. He stated further that the City's advantages in entering into a
developmsnt agreement is that if the devel~t has certainty, it has a
better likelihood of proceeding instead of being just a paper project. The
City can also attach more certainty to the phasing of infrastructure improve-
ments, particularly to those that have benefit outside of the project.
Director Stevens advised the Cc~mission that the City did not enter into
this contract lightly, as one of the provisions ~e have asked for is a
$40,000 annual fee in order to maintain the contract in effect. In the
State Law, a develo~ant agreement does have an annual review requirement
which is primarily due because there are perceived limitations on Councils
to bind future Councils to certain aspects and certain financial commitments,
etc. The proposed devel~t agreement includes the following significant
features:
o Incorporation, by reference, of the Specific Plan and its
related conditions of approval.
o Estsblishing that setbacks, minimum lot sizes, lot coverage
and building height regulations now in effect will apply for
the life of the project.
o Establishing that the General Plan now in effect will apply
for the life of the project.
o Estsblishing that no roads will be required beyond those
already required by the Specific Plan and parcel map.
o Acknowledging that the already adopted conditions, fees,
changes and dedications are cc~prehensive and shall not
be added to - except where changes in conditions, fees,
etc., are generally applicable to all similarly situated
developers.
o Establishing that improvement and construction standards,
building codes and development fees now in effect will
apply, except where changes are for health and safety
reasons or where generally applicable to all similarly
situated developers.
o Acknowledging that certain design and site planning reviews
still need to be performed.
o Providing for the State mandated annual review and amendment/
cancellation clauses.
o Providing for an annual fee of $40,000.
o Establishing various default procedures, legal remedy
mechanisms and related technical features.
o Termination of the agreement on December 31, 1995.
Director Stevens stated that this concluded his report. Staff is
recc~x~=_nding approval of Development Agreement No. 85-001 based on the
findings in the staff report with the deletion of Section 23 relating
to attorney's fees. He stated that the deletion of Section 23 has been
discussed with the Applicant and they are in agreement.
MINUTES - PI2kNNING COMMISSION
July 9, 1985
Page 3.
There was a brief question and discussion period regarding the annual
review, the annual fee and scme of the ~ording of the document itself.
Director Stevens answered all questions to the satisfaction of the
C~ssion.
Chairman Thornburgh opened the hearing for public ~t at 7:30 p.m.
Dave Howerton, Architectural Planner for The Grove project, of Robert
Lamb Hart, 260 California Street, San Francisco, California, spoke in
behalf of the Applicant and thanked Staff for their efforts and input
into the develo~n~nt agreement documant, and thanked the Planning
Ccn~nission for their consideration of the documant.
There being no further public cca~r~nts, Chairman Thornburgh closed the
hearing at 7: 31 p.m.
After a brief discussion period, Chairman Thornburgh called for a motion.
2. Co~ssioner Walling made a motion based on the findings in the staff
report to r~d approval of Development Agreemant No. 85-001, with
the deletion of Section 23, relating to attorney's fees. Conmmissioner
Brandt seconded the motion. Unanimously Adopted.
Director Stevens informed the Cc~ntission that this matter would corns
before the City Council at their meeting of July 23, 1985.
CON~ C__AT ,~
A. Cca~nissioner De Gasperin rode a motion, seconded by ~ssioner Walling
to approve the minutes of the regular meeting of June 11, 1985.
1. %he minutes of the regular meeting of June 11, 1985, were approved
as sukm%itted. Unanimously Adopted.
BUSINESS
Chairman Thornburgh introduced the first t~o items of business as follows:
A. Plot Plan No. 85-178, a request to construct a single-family dwelling
on the west side of Avenida Madero, 130' north of Calle Colima; Rick
Johnson Construction, Applicant.
B. Plot Plan No. 85-179, a request to construct a single-family dwelling
on the west side of Avenida Madero, 180' north of Calle Colima, Rick
Johnson Construction, Applicant.
He called for the staff reports.
1. Director Stevens advised that these t~o requests are consistent with
the requirements of the R-1 Zone and the goals and objectives of the
La Quinta General Plan, their building designs are compatible with
area develotx~_nt and the projects will not have a significant Japact
on the environment. Therefore, based on these findings, Staff reccaxnands
approval of the plot plans. However, he stated that three Applicants
who have approved plot plans to construct single-family dwellings on the
sams street are represented at this meeting to make an objection.
Sandra Bonner, 69-784 Sugarloaf, Pinyon Pines, CA, spoke in behalf of
herself and two others who recently received approvals to build directly
adjacent to Mr. Johnson's two proposed houses to the north. She stated
their cc~cern is in regard to Mr. Johnson's proposed asphalt shingled
roofs. Ms. Bonner advised the Conmtission that they felt it more appro-
priate if the Ccamtission could require that Mr. Johnson be conditioned
to install concrete tile roofs. The area involved on Madero is primarily
undeveloped. There are only tvx~ houses on the whole block and only one
across the street. Therefore, they saw the opportunity to establish a
theme a little above the stan_d~_rd in the Cove and install concrete tile
which would give scme sort of a design theme on this street. She stated
MINUTES - PLANNING CfMbIISSION
July 9, 1985
Page 4.
that they have discussed this matter with Mr. Johnson and Brian Monr~
and they have not been very receptive to the request to change their
plans. In fact, they advised Mr. Johnson that the matter was going to
be presented to the Cc~nission at this meeting and Mr. Johnson stated
that he would not be present. Ms. Bonner requested that if the Cc~nission
did not feel comforts_hie making a decision at this time, a three-week
continuance would be acceptable to allow them time to continue talking to
Mr. Johnson or direct him to contact the new home buyers to consider the
installation of concrete tile roofs.
Director Stevens advised the Ccmmtission that what is apparent here is
that there are neighbors of the Applicant requesting a particular design
style and this has not been done before. He noted that the Cc~mission
has three options in this matter. First, to go with what has ~n your
past approach - neighborhood compatibility - and you think neighborhood
compatibility is appropriate with asphalt shingle, you can approve the
requests as sulmtitted by the Applicant. If you think it is m~ritorious
based on the request of the neighbors that this is an area that should
require tile because of what is there or cc~nitted to be there, you can
add the condition requiring that Mr. Johnson's houses use concrete tile.
~ne third option is to give Mr. Johnson the opportunity to give his input
prior to your decision and continue the requests to the next meeting.
After a brief discussion, it was the consensus of the Plarm~ Conm~ssion
that a condition be added to each of these plot plans requiring the use
of cement tile. They felt that when neighbors appear before them requesting
changes, they should take notice. Also, the fact was mantioned that the
Applicant had been contacted by Ms. Bonner and the t~o persons she was
representing, notifying him that they were bringing this matter before the
Ccmmtission at this meeting. Therefore, it is not being discussed without
his knowledge.
~ssioner Brandt made mention of the fact that a Condition No. 12 was
placed on items 6.C. and 6.D., but had not been placed on irons 6.A. and
6.B. Director Stevens stated that this was an error and the condition
would be added.
Chairman Thornburgh called for a motion.
2. Cc~mtissioner De Gasperin made a motion based on the findings in the staff
reports to approve Plot Plans Nos. 85-178 and 85-179 in accordance with
Exhibits A, B and C and subject to attached conditions, with the following
revisions:
Add Condition No. 12 to Plot Plans Nos. 85-178 and 85-179:
"12. Prior to the issuance of a building permit for Plot Plan Nos.
85-178 and 85-179, the Applicant shall submit to the Cc~xmatity
Devel~t Department for review and approval specific informa-
tion or details on stucco color and texture, trim and other
architectural features which will vary the appearance from the
adjacent dwelling with the sams design as approved."
Add Conditic~ No. 13 to Plot Plans Nos. 85-178 and 85-179:
"13. Roofing material should be concrete tile subject to the approval
of the ~ty Develotmr~nt Director."
The motion was seconded by Cc~nissioner Moran. Unanimously Adopted.
Chairman Thornburgh introduced the next two items of business as follows:
C. Plot Plan No. 85-184, a request to construct a single-family dwelling on
the east side of Avenida Herrera, 100' south of Calle Chillon; Rick
Johnson Construction, Applicant.
D. Plot Plan No. 85-185, a request to construct a single-family dwelling on
the east side of Avenida Herrera, 150' south of Calle Chillon; Rick
Johnson Construction, Applicant.
MINUTES - PLANNING CC~MISSION
July 9, 1985
Page '5. ·
He called for the staff reports.
1. Director Stevens advised that these t~o requests are consistent with
the requirements of the R-1 Zone and the goals and objectives of the
La Quinta General Plan, their building designs are cc~patible with
area develotmr~nt and the projects will not have a significant inloact
- on the environment. ~nerefore, based on these findings, Staff r~ds
approval of these plot plans.
There being no further discussion on these matters, Chairman Thornburgh
called for a motion.
2. Cc~mzissioner Brandt made a motion based on the findings in the staff
reports to approve Plot Plans Nos. 85-184 and 85-185 in accord__m_nce with
Exhibits A, B and C and subject to attached conditions, with the following
revision:
Add Condition No. 12:
"12. Prior to the issuance of a building permit for Plot Plans Nos.
85-184 and 85-185, the Applicant shall stRmzit to the ~ty
Develot~nent Department for review and approval specific informa-
tion or details on stucco color and texture, trim and other
architectural features which will vary the appearance from the
adjacent dwelling with the sams design as approved."
Conmzissioner Moran seconded the motion. Unanimously Adopted.
6. ADJOURNMENT
There being no further items of Agenda to ccme before the Cc~nission, Chairman
--
Thornburgh called for a motion to adjourn.
Ccmnissioner Walling made a motion to adjourn to the next mee~g on July 30,
1985, at 7:00 p.m., in La Quinta City Hall, 78-105 Calle Estado, La Quinta,
California. Regular meeting of the Planning Cc~nzission ~ould have been July 23,
1985, but due to a change of meeting schedule for the City Council, that meeting
had to be forwarded one w~_k. Ccmmzissioner Moran seconded the motion to adjourn.
Unanimously Adopted.
The regular meeting of the Planning Ccmnission of the City of La Quinta, California,
was adjourned at 8:29 p.m., July 9, 1985, in the La Quinta City Hall, 78-105 Calle
Estado, La Quinta, California.