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1990 10 09 PC Minutes MINUTES PLANNING COMMISSION - CITY OF LA 9UINTA A regular meeting held at the La 9uinta City Hall 78-105 Calle Estado, La 9uinta, California October 9, 1990 7:00 P.M. I. CALL TO ORDER A. The meeting was called to order at 7:00 P.M. by Chairman Steding. The Flag Salute was led by Plannfng Department Secretary Betty Anthony. II. ROLL CALL A. Chairman Steding requested the roll call. Present: Commissioners Barrows, Mosher, Zelles, and Chairman Steding. B. Staff Present: Planning Director Jerry Herman, Principal Planner Start Sawa and Department Secretary Betty Anthony. III. AGENDA REORGANIZED A. Commissioner Zelles moved and Commissioner Mosher seconded the motion to change the order of the Agenda by moving and discussing Item #3 OTHER before the Public Hearings. Unanimously approved. Chairman Stealing asked for the Staff recommendation. Planning Director Jerry Herman stated that the election of Chairman and Vice Chairman should be continued to November. The Council indicated that the vacant position should be filled before the end of October. Commissioner Zelles stated that he felt it would not make a difference ff a new member were present as they would probably abstain due to a lack of knowledge. Commissioner Mosher stated he felt that ff the Council made the recommendation to delay the vote, we should do so, they should do so. Commissioner Barrows agreed. There being no further discussion, Commissioner Mosher moved and Commissioner Barrows seconded the motion to continue the item to the next meeting. ROLL CALL: AYES: Commissioners Barrows, Mosher, Steding. NOES: Commissioner Zelles. ABSTAIN: None. ABSENT: None. -- IV. HEARINGS A. Tentative Tract 26139: a request of Sunrise Company to subdivide +81 acres into 37 residential lots to allow development of 601 eondomlnlu~s. 1. Planning Director Jerry Herman presented the information contained in the Staff report, a copy of which is on file in the PCMIN10/9 1 Planning Commission Minutes - September 2~, 1990 Planning and Development Department. Mr. Herman stated that two conditions have been changed from the p~evious ~eport, Condition #8 and #21. Condition #21, paragraph 2 should be amended to read, "Installation of this signal shall be based upon justifications as identified in a traffic study, to be prepared by the Applicant/Developer. Said traffic study shall be prepared and signal installed when warranted by the traffic study. The signal shall be constructed to the requirements of the City Engineer prior to the release of any subdivision bonds for Tentative Tract 26139". 2. Commissioner Zelles asked Staff if Condition #9 was the only remaining condition of concern of the Applicant. Mr. Herman stated that the Engineering Department had made it clear that they did not wish to alter the wording of this Condition and that the Applicant still has a problem in its wording. The remainder of the conditions were agreed upon by both the Applicant and the City. 3. Chairman Steding opened the public hearing. Mr. David Snow, Sunrise Company, spoke for the Applicant. The major problem of contention was Condition #9 in that the way it is worded regarding "proper supervision" and "control". The wording is ambiguous and unclear as to its meaning. Even though they have a Registered Civil Engineer on staff he would not be in the field all day watching the grading. Discussion followed as to why the condition was put on the tract and possible solutions to the problem. Chairman Steding questioned the Applicant as to how they wanted the condition worded. Mr. Snow read his suggestion "The AppLicant shall have a grading plan that is prepared by a Registered Civil Engineer, who will be required to certify that the constructive conditions, at the rough grade stage, are as the approved plans and grading permit. This is required prior to issuance of building permits. Certification at the final grade stage and verification of pad elevations, is also required prior to final approval of grading construction". 4. Mr. Allan Levin, Sunrise Company, stated that he is the Registered Civil Engineer on staff with Sunrise Company. He stated that they did not have any problem with City approval of the plans, or with seeing that the work is done according to Code and City specifications. What they were asking for is a clarification of the-wording "proper supervision and control". Discussion followed on the Condition. 5. There being no one else wishing to speak, Chairman Stealing closed the Public Hearing and opened the matter for Commission discussion. Commissioner Zelles stated that he felt the City was asking more of the Applicant than what is fair. Commissioner Mosher stated that he felt there should of been a member of the PCHIN10/9 2 Planning Commission Minutes - September 25, 1990 Engineering Staff at the meeting to help clarify their reason for the condition. Di§ctisSi0h followed as to possible wording of the condition and the frustration of not having the Engineering Department represented. Chairman Steding stated that she felt the language of the condition is very soft and suggested that Condition 9 be changed to read: "9. The tract grading plan shall be prepared by a registered civil engineer and approved by the City Engineer prior to final map approval. The registered civil engineer charged with compliance responsibilities shall make the following certifications upon completion of construction: a. All grading work complies with the Ordinances and thereby can be certified that the grading is in full compliance with those documents. b. The finished building pad elevation conforms with the approved grading plans." 6. There being no further discussion, it was moved by Commissioner Barrows and seconded by Commissioner Mosher to adopt Planning Commissioner Resolution 90-036 approving Tentative Tract 26139 subject to the Staff recommendation and the amended conditions # 9 and #21 as stated above. ROLL CALL VOTE: AYES: Commissioners Barrows, Mosher, Zelles, Chairman Steding. NOES: None. ABSENT: None. ABSTAIN: None. B. Preannexation Zoning 90-060, General Plan Amendment 90-033, Continued; a request of James Motter, Paul Harris, and the City of La quinta for preannexation and General Plan Amendment to designate this 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. Chairman Steding inquired if Mr. DeBonne had property in the area to be annexed. Mr. Herman stated yes, he is a property owner within the area but is not one of the applicants. -- 3. Chairman Steding opened the continued public hearing. No one wished to address the Commission, the hearing was closed. There being no discussion, it was moved by Commissioner Zelles and seconded by Commissioner Barrows to adopt Planning Commissioner Resolution 90-037 approving the General Plan Amendment and Preannexation Change of Zones recommending adoption of the Negative Declaration and recommended land uses PCMIN10/9 3 Planning Commission Minutes - September 25, 1990 and zoning. ROLL CALL VOTE: AYES: Comn~ssioner ZeHes, Mosher, Barrows, Chairman Stealing. NOES: None. ABSENT: None. ABSTAIN: None. C. Preannexation Zoning 90-061, General Plan Amendment 90-033, Continued; a request for preannexation zoning and amendment to the General Plan for the area covered and identified in this Annexation. 1. Chairman Steding opened the continued public hearing and read a letter from the Applicant, Mr. Tom Thornburgh, requesting a continuance of the hearing. There being no one wishing to speak regarding the item, Chairman Steding requested a motion. 2. It was moved by Commissioner Mosher and seconded by Commissioner Zelles to continue the matter to the next meeting. ROLL CALL VOTE: AYES: Commissioner Zelles, Barrows, Mosher, Chairman Steding. D. Variance 90-012; a request of M. J. Brock and Sons for approval of off site location monument subdivision sign. 1. Principal Planner Stan Sawa presented the information contained in the Staff report, a copy of which is on file in the Pla]~n~ng and Development Department. 2. Commissioner Zelles inquired if the Applicant had made arrangements of some nature with Coachella Valley Water District regarding the use of the land. Planning Director Jerry Herman stated that it was a "catch 22" in that the Water District will not allow them to do so until they obtain permission from the City, and the City will not allow until them to until they obtafn approval from the Water District. 3. Commissioner Mosher asked if there should be a written recordable document between the Water District and the Applicant in order to give the Homeowner's Association legal access to the property to maintain it. 4. Chairman Steding opened the public hearing. Mr. Ken Ayes, M. J. Brock & Sons, 3380 Shelby Street, Ontario, CA., spoke for the Applicant and stated that they would receive an encroachment permit from the Water District in order to maint~fn the landscaping and the signage. He stated that they felt the sign was important to the marketing of the project due to the isolation of the project and the only corridor they have is on 50th Avenue. Planning Director Jerry Herman asked the Applicant if the sign is to be located below the existing wall. Mr. Ayes stated the sign would be located on the existing slope and will be 4-feet high and the wall is 6-feet high at the top of the slope. PCMIN10/9 4 Planning Commission Minutes - September 25, 1990 5. Chairman Steding asked if the Applicant had any problem with the added condition regarding maintaining the landscaping. Mr. Ayers stated no they did not. 6. Chairman Steding closed the hearing and opened the matter for Commission discussion. Commissioner Mosher moved and Commissioner Barrows seconded the motion to adopt Planning Commission Resolution 90-038 approving Variance 90-012 based on findings contained in said Resolution, subject to the attached conditions concurring with the Environmental Analysis subject to the following amendments to the Conditions: "2. Prior to obtaining a building permit shall obtain an Encroachment Permit in writing from the Coachella Valley Water District allowing the location of the monument sign and such document to be transmitted to the City. 5. The Applicant or Homeowner's Association shall maintain the landscaping on the Coachella Valley Water District property between the perimeter wall and 50th Avenue to a distance of 75 feet west of the tract, if this landscaping is not maintained by the Landscaping and Lighting District." ROLL CALL VOTE: AYES: Commissioners Mosher, Barrows, Zelles, Chairman Steding. NOES: None. ABSENT: None. ABSTAIN: None. E. Tentative Tract 25462; a request of George Berkey for division of 20.4 acres into 63 lots for single family dwellings. A continuance was requested. 1. Chairman Steding opened the public hearing, no one wished to address the Commission. Chairman Steding requested a motion. 2. It was moved by Commissioner Zelles and seconded by Commissioner Mosher to continue the hearing to the next meeting of October 23, 1990. ROLL CALL VOTE: AYES: Commissioner Barrows, Zelles, Mosher, Chairman Steding. NOES: None. ABSENT: None. ABSTAIN: None. F. Tentative Tract 25700; a request of Steve Brummel for division of 16.5 acres into 53 lots for single family development. A continuance was requested. 1. Commissioner Zelles excused himself due to a conflict of interest. 9. Chairman Steding opened the public hearing. Mr. David Swenson, 80-600 58th Avenue, Thermal, asked if he would be able to address the Commission at the next meeting date. Chairman Steding responded he would have an opportunity. PCMIN10/9 5 Planning Commission Minutes - September 25, 1990 3. There being no further discussion, Chairman Steding requested a motion. 4. It was moved by Commissioner Barrows and seconded by Commissioner Mosher to continue the matter to the next meeting date. ROLL CALL VOTE: AYES: Commissioner Barrows, Mosher, Chairman Steding. NOES: None. ABSTAINING: Commissioner Zelles. ABSENT: None. V. PUBLIC COMMENT Audrey Ostrowski, P. O. Box 351, La Quinta addressed the Commission regarding the continued problems in the Cove. She stressed that she needed the help of the Commission in solving these issues. Chairman Steding stated that Ms. Ostrowski's issues were related to Code enforcement and the Planning Commission did not have any jurisdiction over these issues. She suggested that Ms. Ostrowski take the issue up with the City Council. VI. BUSINESS SESSION A. Tentative Tract 24774; a request of Vista Development for approval of architectural plans for residential tract. 1. Principal Planner Stan Sawa 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, it was moved by Commissioner Mosher and seconded by Commissioner Barrows to adopt Minute Motion 90-039 approving the architectural plans subject to conditions. Unanimously approved. VII. CONSENT CALENDAR There being no corrections, Commissioner ZeHes moved to approve the Minutes of September 25, 1990 as submitted. Commissioner Barrows seconded the motion and it passed unanimously. VIII. ADJOURNMENT A motion was made by Chairman Steding and seconded by Commissioner Mosher to adjourn to a regular meeting on October 23, 1990, at 7:00 P.M. in the La Quinta City Hall, 78-]05 Calle Estado, La Quinta, California. This meeting of the La Quinta Planning Commission was adjourned at 8:24 P.M. PCMIN10/9 6