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1990 08 14 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 August 14, 1990 7:00 P.M. I. CALL TO ORDER A. The meeting was called to order at 7:04 P.M. by Chairman Moran. The Flag Salute was leg by Commissioner Mosher. II. ROLL CALL A. Chairman Moran requested the roll call. Present: Commissioners Stealing, Zelles, Barrows, Mosher and Chairman Moran. B. Staff Present: Planning Director Jerry Herman and Department Secretary Betty Anthony. III. HEARINGS A. Tentative Tract 24507, Amendment #1, a request of Steven Brummel for an amendment to Condition #35, relating to annexation - requirements to allow an additional one year time limit for annexation of the approved map, due to delays in proceedings for Annexation #5. 1. Commissioner Zelles withdrew due to a conflict of interest. 2. Planning Director Jerry Herman presented the information contained in the Staff report. A copy of which is on file in the Planning and Development Department. 3. Manny Sanches, J.M.S. Enterprises, spoke on behalf of the Applicant. 4. There being no questions or comments, Commissioner Mosher moved to adopt Planning Commission Resolution 90- 033 recommending to the City Council approvai of Tentative T~act ~.4507, Amendment #1, subject to the conditions contained therein. MINS/14. PCM 1 Planning Commission Minutes 8 / 14 / 90 5. ROLL CALL: AYES: Commissioners Barrows, Mosher, Steding, Chairman Moran. NOES: None. ABSTAIN: Commissioner Zelles. ABSENT: None IV. PUBLIC COMMENT There was no one wishing to address the Commission. V. BUSINESS ITEMS A. Sign Application 90-123, Tentative Tract 25429; a request of Chateau Land/Ministrelli Development for identification wall sign for Painted Cove tract. 1. Planning Director Jerry Herman presented the information contained in the Staff report. A copy of which is on file in the Planning and Development Department. 2. There being no questions or comments, Commissioner Barrows moved to adopt Minute Motion 90-032 approving Sign Application 90-123 subject to Staff recommendations and conditions. 3. VOTE: AYES: Commissioners Barrows, Mosher, Stealing, Zelles, Chairman Moran. NOES: None. ABSTAINING: None. ABSENT: None. B. Implementation of the Hillside Ordinance 1. Chairman Moran withdrew due to a conflict of interest. 2. Vice Chairman Steding asked if the Commission would like to have time to read the material presented to them from Mr. Mark Moran. The Commission read the document. 3. Commissioner Zelles stated that he felt it was not fair to receive material at the last minute. Planning Director Jerry Herman stated that there was no way to prevent material being presented to the Commission before or during any public hearing. The Commission's option is to continue the matter and give themselves time to read and understand the material. 4. Planning Director Jerry Herman presented the information contained in the Staff report. A copy of which is on file in the Planning and Development Department. 5. Vice Chairman Steding asked Planning Director to clarify what was before the Commission tonight. Planning Director Jerry Herman stated that the City Council had referred to MIN8/14. PCM 2 Planning Commission Minutes 8 / 14 / 90 the Commission a proposed motion proposed by Sniff's motion and report back with comments and/or a recommendation. She then asked for clarification of the land that was involved in the motion. What acres are in the mountains as opposed to the total open space area. What percentage of the acres in the mountains is privately owned. Planning Director Herman stated that about 66% is privately owned. The Commission discussed the various options that were available to them. 6. Vice Chairman Steding inquired of the Commission if they wished to open the issue for discussion to the public. They so stated they would like to hear the comments of the audience. 7. Mr. Fred Wolff, 77-227 Ensenada, spoke on behalf of the Environmental Conservation Committee and reminded the Commission that the City Council adopted a policy in April, 1990 for land owners to turn all privately owned land into public land in order to preserve the Open Space area designated in the General Plan. He stated that he felt it was inappropriate to have Mr. Moran distribute any other plan at this time as the Council only charged the Commission with __ reviewing the one proposed motion. He further stated that Mr. Moran had a conflicting interest in that he was representing land owners in that area. In addition, Mr. Moran had contacted him to get involved with his project and - Mr. Wolff turned him down. He went on to explain how and why the Environmental Conservation Committee formulated their plan. He felt the Planning Staff had made very good suggestions of implementation and he only added to those suggestions. The Committee was in agreement with Sniff's motion with one exception. Item #4 which says "Staff shall contact all owners of parcels in the 'hillside' areas" should read "Open Space". He stated there was only one issue before the Commission and that was the motion made by Sniff, and the Committee is to make a recommendation. 8. Vice Chairman Steding asked Mr. Wolff what the difference was between the Committees perspective of "Hillside" and "Open Space". Mr. Wolff stated that was issue and he pointed out the areas on the map. The alluvial fan, in the Committee's opinion, is included in the "Open Space- Hillside" area. He was concerned that the Council was changing their opinion on this issue and if they were they had lost the protection of the Open Space area above the Cove and the Lake Cahuilla area. MINS/14. PCM 3 Planning Commission Minutes 8 / 14 / 90 9. Commissioner Zelles asked Mr. Wolff if Item #4 was the only conflict they had with Sniff's motion. He stated yes. 10. Maureen Mendoza, 53-960 Alvarado, also a member of the Environmental Conservation Committee, stated that she was in complete agreement with Mr. Wolff. She further stated that originally in the Hillside Conservation Ordinance that was reviewed by the Committee, they wanted to tightened up the definition of "Open Space" as their was allowable development within the alluvial fan area. Confusion came into affect because of the wording in the original Hillside Ordinance which stated "Hillside and alluvial fan area" which is all encompassing in "Open Space". She felt it was important to stay with the commitment that was made by the Council at the April, 1990 meeting. Due to pressure from the developers in this area, she felt the Council was wavering on their original decision. She felt it was great to have others give input, such as Mr. Moran, but this should be looked into by the Environmental Conservation Committee in terms of helping the City make suggestions on how to implement the Ordinance that is already in place. 11. Mr. Tom Beet, 8253 East Devonshire, Scottsdale, Arizona, a consultant representing Mr. Richard Myer who owns property in Section 29 south of Lake Cahuilla in the alluvial fan. He was in strong support of Sniff's motion and the omission of the use of "Open Space" as the definition of the wording "Hillside". He felt hillsides should be protected and not destroyed. However, as the hillside protection is a sensitive issue and trying to use the overall scope of "Open Space" to define it could cause the issue to continue for a long time. He stated that he and his client did not think this was fair and was not the intent of Sniff's motion. Rather the protection of the hillsides was in fact controlled by the City. He was here tonight on behalf of his client to request the Commission's support in supporting Sniff's motion to eliminate the "Open Space" designation and stick with the "Hillside" wording. 12. Commissioner Zelles, after hearing all the comments, stated that he was still in favor of the original proposal of "Open Space" including the alluvial fan. He felt that if they were to protect, then protect. Mr. Moran's letter may have some very good suggestions for implementation, but this was not the time or place to review it. He was concerned about the quotation marks in Sniff's motion as to whether this meant there was a difference between "Open Space" and "Hillside" as to the inclusion of the alluvial fan. He felt more time should be taken by the Commission to study this matter further due to the importance of the issue. MINS/14.PCM 4 Planning Commission Minutes 8 / 14 / 90 13. Commissioner Barrows stated that she was in concurrence with Commissioner Zelles in that the Commission should hold to the wording that "Hillside" and "Open Space" includes the alluvial fan 14. Commissioner Mosher stated that he felt the issue was Item #4 of Commissioner Sniff's motion and Mr. Morans proposal should be read at a later time. However, Council had asked the Commission to review and either recommend approval of the motion or suggest something different. The problem as he saw it was whether to accept the wording of "Hillside" or "Open Space". The motion seems to deal with the hillside area and does not include the alluvial fan area, and the dilemma is whether the Commission concurs with the Council wording of "Hillside" or whether to recommend the wording be "Open Space". 15. Suggestions were made by Commission members as to possible solutions. 16. Vice Chairman Steding gave a brief history as to how the Ordinance had evolved to this point. She stated her recommendations as they apply to the Staff recommendation: 1. Acquiring land in-fee: the problem is time frame and requires prioritizing limited City funds. 2. Acquire development rights: this option is in the Ordinance and an option that is available. 3. Development ]imitations: these have already occurred and not sure how much of the alluvial fan acreage is left to be discussed but seems to be 650 acres, some of which is limited by already approved projects. The Planning Department has pointed out that their is a method of controlling what is developed on the alluvial fan in the Ordinance. 4. Other Government Agencies: this is being done and she supports this. 5. General Plan Element: agrees this needs to be looked at but, the problem is time frame. 6. Moratorium: legal limits do not give enough time and the policy statement in April seems to be doing this. -- 7. The Existing Ordinance: it does work and she supports the Ordinance. MIN8/14. PCM 5 -- Planning Commission Minutes 8 / 14 / 90 In regard to Councilman Sniff's motion, which arises out of a reaction to bureaucracy, the options identified in the Planning Department report are most valid, but do not give you any accountability. In detail, her recommendation on points contained Councilman Sniff's motion are: · 1. The wording "City Staff will have responsibility" needs to be clearly identified as to who the Staff is. 2. Again this must be identified as to which City Staff or Department will be responsible. Mr. Moran's options may be one of the options that could be made available to Council after discussion between Staff and the Environmental Conservation Committee. Council must identify from all of the options what they consider to be first, second, and third priority and make that statement. 3., 4., & 5. Not sure how enforceable this is and she is uncomfortable with Staff being the middle person in that if the landowner does not get a referral to the right governmental organization which they felt they should have, what liability has the City incurred by facilitating that communicating process. In reference to #4. it could be written a little less provocatively. 4.a. should be changed to "which owners support preservation of hillside and will work to redeem the value of their land in exchange for vacating their developmental rights". Again 5., 6. and 7. need to identify who the City Staff will be and get rid of the middle man language and use the word "facilitator". She felt it could be written with more clarity. In regard to the wording "Hillside" or Open Space, she agrees with Councilman Sniff, that the Hillside area is the area of concern. With respect to the alluvial fan area, other alternatives are available. 18. There being no further discussion, Commissioner Barrows moved to adopt Minute Motion 90-033 stating the Commission support the motion proposed by Councilman Sniff with the change that the Hillside and alluvial fan areas be designated as "Open Space", and include the changes noted above by Vice Chairman Steding. Commissioner Zelles seconded the motion. 19. Commissioner Mosher stated he was concerned about voting on such a controversial issue when he was not familiar with the situation and because of this he would abstain from voting at this time. MIN8/14. PCM 6 Planning Commission Minutes 8 / 14 / 90 20. Vice Chairman Steding asked for the vote: VOTE: AYES: Commissioners Zelles, Barrows. NOES: Commissioner Steding. ABSTAINING: Commissioner Mosher and Chairman Moran. ABSENT: None C. Coachella Valley Water District Capital Improvement Program for the next three years; a request of CVWD for review of General Plan consistency. 1. Planning Director Jerry Herman presented the information contained in the Staff report. A copy of which is on file in the Planning and Development Department. 2. There being no discussion or comment, Commissioner Steding moved to approve Minute Motion 90-034 approving the Coachella Valley Water District Capital Improvement Program consistency with the General Plan. Commissioner Barrows seconded the motion and it passed unanimously. VI. CONSENT CALENDAR Planning Director Jerry Herman noted that on Page 3, Item B.1., should read, "Chairman Moran withdrew due to a possible conflict of interest". There being no further corrections, Commissioner Steding moved to approve the Minutes of July 24, 1990. Commissioner Barrows seconded the motion and it carried unanimously. - VII. OTHER Commissioner Steding moved that due to their being no business scheduled for August 24, 1990, the meeting be canceled and directed Staff to prepare a notice of cancellation. Commissioner Mosher seconded the motion and it carried unanimously. VIII. ADJOURNMENT A motion was made by Commissioner Steding and seconded by Commissioner Zelles to adjourn to a regular meeting on September 11, 1990, at 7: 00 P.M. in the La Quinta City Hall, 78-105 Calle Estado, La Quinta, California. This meeting of the La Quinta Planning Commission was adjourned at 8:05 P.M. MIN8/14.PCM 7