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PCMIN 05 28 1991 MINUTES PLANNING COMMISSION - CITY OF LA QUINTA A regular meeting held at the La Quinta City Hall 78-.105 Calle Estado, La Quinta, California May 28, 1991 7:00 P.M. I. CAT,T, TO ORDER A. The meeting was called to order at 7:03 P.M. by Chairperson Steding. The Flag Salute was led by Commissioner Ladner. II. ROLL CALL A. Chairperson Steding requested the roll call. Present: Commissioners Mosher, Dowd, Barrows, Ladner, and Chairperson Stealing. B. Staff Present: Planning Director Jerry Herman, Principal Planner Start Sawa, Associate Planner Wallace Nesbit, and Department Secretary Betty Anthony. III. PUBLIC HEARINGS A. Continued Public Hearing on Development Agreement 90-002; a request of Washington Adams Limited Partnership for approval of a Development Agreement pursuant to Section 65845 et. seq., of the California Government Code, relative to Specific Plan 89-014, which was approved by the City Council on April 17, 1990. 1. Chairperson Steding opened the continued public hearing and as no one wished to comment on the subject; it was moved by Commissioner Dowd and seconded by Commissioner Barrows to table the matter at the request of the Applicant. ROLL CALL VOTE: AYES: Commissioners Dowd, Mosher, Barrows, Ladner, & Chairperson Steding. NOES: None. ABSENT: None ABSTAINING: None. B. Plot Plan 91-457 (EA 91-191); a request of J. Paul Smith for approval of a plot plan application to allow the construction and operation of a 10,000 square foot dance nightclub in the C-P-S (Scenic Highway Commercial) Zone on a 4.5 acre site. 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. Chairperson Steding asked ff any response had been received from the Fire Department. Principal Planner Sawa stated they had no objections. 3. Commissioner Dowd inquired as to the location and if the building would be soundproof to eliminate noise. Principal Planner Sawa stated that would depend on the materials used in the construction and the Applicant could best answer that question. 4. Commissioner Barrows asked what the distance was from the project to the Wilma Pacific project. Principal Planner Sawa stated it was approximately 300-400 feet from the property line to the Wilma Pacific project. 5. Chairperson Steding asked Staff what the proposed size was for the supper club. Staff stated they did not know but the pad available was 17,000+ square feet. 6. Chairperson Steding opened the public hearing. Mr. J. Paul Smith, Applicant presented a lengthy, detailed report regarding his proposed plans and gave his response to Staff's reasons for denying the project. 7. Commissioner Dowd asked the Applicant to explain the connection between the supper club and night club, how he anticipated drawing a young cliental with "older" band names, and what his time frame was for the development of the complete project. She also felt the noise factor for the Wilma Development project needed to be addressed. Mr. Smith explained that his experience was in nightclub management, not the restaurant business and did not want to compete with that business industry. His goal was to have a joint use with the supper club and blend the age groups. He further stated this was a place to provide entertainment following dinner. Discussion followed regarding the type of food to be served and the age group he would be targeting. 8. Chairperson Steding asked Mr. Smith if he had any figures to show how many business people travel through this area year round and if there was a study relating to this. Mr. Smith stated that they did not plan on a year round operation but would be seasonal with reduced summer rates and days open. 9. Commissioner Ladner asked Mr. Smith if he had closed escrow on the property. He stated no. She asked if he had put a substantial non-refundable on the property. He stated he had option payments on the land. She asked if there was a double escrow, an investment group in escrow on the project. He stated no there was no double escrow and no investment group involved. She then discussed the letters sent in favor of the project. She stated that most of the people spoke in favor of Mr. Smith rather than the project and probably would not frequent the club. PCMIN5-28 2 10. Commissioner Mosher reiterated the Design Review Board's approval was for the aesthetics of the project. His concerns of the project were in regards to the Sheriff Department's reversal of their objections, Staff objections concerning the Highway 111 Specific Plan policies, and zoning. Mr. Smith stated he had spent a great deal of time with the Sheriff's Department explaining the project and making changes according to their suggestions. Staff's concern he felt had been covered in his presentation. 11. Commissioner Barrows stated her approval of the design and the changes that had been made to the project. She asked if the Applicant had done a market survey to see if the market was there for his project. Mr. Smith gave the results of a survey that had been conducted which showed a definite market for this type of business. Commissioner Barrows inquired about the amount of glass to be used and if energy efficient ideas would be utilized in the construction. Mr. Frank Urrutia, architect for the project stated there would only be a small amount of glass and it would be double glazed. 12. Chairperson Steding asked what the capacity of the building and members only portion would be. Mr. Smith stated the building capacity is 625 but they had not made an exact determination as to the number of memberships that would be offered. It would be determined upon the demand and market conditions. She further asked if the criteria for the membership was based solely on the ability to pay. Mr. Smith stated what the criteria would be based on credit history and vocation. Discussion followed regarding membership fee, serving of food, financing, and the use of extra Sheriff deputies. 13. Commissioner Mosher inquired about the list of recording artists that would be performing and how many people would be patrons for this type of concert. Mr. Smith stated 400-500 could be seated comfortably and they would be paying $75-125 a ticket. Commissioner Mosher's concern was whether it would be economically feasible to have some of the groups. Mr. Smith stated he had received a great deal of support from the entertainment industry. 14. Commissioner Dowd again stated her concern about there being a market and enough community participation to support this type of project. Mr. Smith again stated the results of the studies he had conducted showed that the market was available. 15. Chairperson Steding closed the public hearing and opened the matter for Commission discussion. PCMIN5-28 3 16. Commissioner Mosher asked the Commission how they felt regarding further review of the Highway 111 Specific Plan policies in regard to the legalities based upon the report of Staff. Would there be a potential problem legally in denying this project. Planning Director Jerry Herman clarified that the Planning Commission would make the final decision regarding the approval of the project and the City Council only received the matter as a report of action or if an appeal was made by the Applicant. In regards to the Highway 111 Specific Plan it is a draft policy only and the decision to deny the project must be denied based on General Plan policies and any inconsistencies with a potential Highway 111 Specific Plan. 17. Commissioner Barrows asked if the Applicant's best option would be to return with a project that incorporated the adjacent parcel with a major commercial facility. Planning Director Jerry Herman stated he had the option to appeal the Planning Commission decision to the City Council should the Planning Commission deny the project. Discussion followed as to the Applicant's options and different uses of the property. 18. Commissioner Ladner stated she felt the project was beautifully designed but did not feel it would be a good use for the community and did not feel there was a market for the project. In addition, it is a single use building and throughout the Valley these uses have not been able to last. 19. Chairperson Steding stated her concerns at the previous informal discussion of the project were the crime element and there being a market for this type of project. She still had a concern regarding alcohol abuse, but of greater concern was the lack of a market for this project. 20. There being no further discussion Commissioner Mosher moved to adopt Minute Motion 91-015 denying Plot Plan 91-457 based on the Analysis in the report and the testimony expressed at this meeting. Commissioner Ladner seconded the motion. ROLL CALL VOTE: AYES: Commissioners Dowd, Mosher, Barrows, Ladner, & Chairperson Stealing. NOES: None. ABSENT: None ABSTAINING: None. C. Tentative Tract 26281; a request of Ray Troll to subdivide 14 gross acres into 52 single family lots. 1. Chairperson Steding opened the continued public hearing and as no one wished to comment on the subject; it was moved by Commissioner Dowd and seconded by Commissioner Mosher to continue the matter to July 9, 1991, at the request of the Applicant. PCMIN5-28 4 __ ROLL CALL VOTE: AYES: Commissioners Dowd, Mosher, Barrows, Ladner, & Chairperson Stealing. NOES: None. ABSENT: None ABSTAINING: None. D. Tentative Tract 26769; a request of Qualico to subdivide 20 gross acres into 14 single family lots. 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. Chairperson Steding opened the public hearing. Mr. Pat Chiasson, Applicant, addressed the Commission regarding Condition #4 to require a Sunline Bus turnout when the bus line does not service this area yet. 3. Commissioner Dowd inquired of the Applicant what the price range would be for this development. Mr. Chiasson stated they would be $200-$245,000. 4. Mr. Bob Kull, 54-721 Monroe Street, neighbor, stated how he liked the larger lots. His concern was regarding the lifestyle he and others in the area now enjoyed raising and training horses. He asked the Commission to consider the need to maintain and establish trails to get around without utilizing streets. He further stated the need to have the Equestrian Overlay zoning in place as soon as possible. 5. Commissioner Ladner stated Mr. Kull's property was an asset to the community and the City did need to address those in the community who own horses. Discussion followed regarding zoning and the Equestrian Overlay. 6. Ms. Carol Herrera, 54-711 Monroe, addressed the Commission regarding her concern to preserve property in this area as horse property. She stated people were concerned that they would lose their right to have horses. 7. Chairperson Steding asked the Developer if he had any objection to the horses. Mr. Chiasson stated they did not. They felt it was an asset to his development. He would like to use it as part of his advertising. 8. Planning Director Jerry Herman asked the Developer if he had any objections to his property being included in the Equestrian Overlay. Mr. Chiasson stated he had no objections as long as he could restrict them from his property through the CC & R's. Chairperson Steding asked Mr. Chiasson ff he planned to notify future buyers that horses are next door. He stated he would. PCMIN5-28 5 9. There being no one else wishing to address the Commission, Chairperson Steding closed the public hearing and opened the matter for Commission discussion. 10. Commissioner Dowd questioned the legality of CC & R's being able to restrict horses. She felt the CC & R's must conform to City Ordinances. Staff would check into the matter. 11. Commissioner Mosher inquired how many horses are allowed per acre. Planning Director Jerry Herman stated what the current zoning would allow verses what would be allowed with the Equestrian Overlay and stated City Staff was in the process of processing an Overlay zone for this area. Discussion followed as to the permanence of the zoning. 12. There being no further discussion, it was moved by Commissioner Mosher and seconded by Commissioner Barrows to adopt Planning Commission Resolution 91-011 recommending to the City Council concurrence with the Environmental Analysis and approval of Tentative Tract 26769 subject to the attached conditions. ROLL CALL VOTE: AYES: Commissioners Dowd, Mosher, Barrows, Ladner, & Chairperson Steding. NOES: None. ABSENT: None ABSTAINING: None. 13. Commissioner Barrows moved and Commissioner Dowd seconded the motion to reconsider action on Tentative Tract 26769. The motion passed unanimously. Planning Director Jerry Herman gave the options that were available to the Commission regarding the Sunline bus turnout. Chairperson Steding asked who was responsible for the maintenance of the turnout. Planning Director Jerry Herman stated it technically would be the responsibility of the City. 14. The Planning Commission felt this requirement could be imposed at a later date on a larger project. Commissioner Ladner moved to strike the condition requiring the Sunline bus turnout from the Conditions of Approval. Commissioner Mosher seconded the motion. ROLL CALL VOTE: AYES: Commissioners Dowd, Mosher, Barrows, Ladner, & Chairperson Steding. NOES: None. ABSENT: None ABSTAINING: None. PCMIN5-28 6 IV. PUBLIC COMMENT: Ms. Audrey Ostrowski, P. O. Box 351, La Quinta addressed the Commission regarding zoning of commercial property. She expressed her concern that if commercial property was downg-~aded by the City then the City must pay the landowner the difference. V. BUSINESS SESSION A. Tentative Tract 24197; a request of Triad Pacific Development Company for approval of a one year time extension for a 234 single family residential lot subdivision on 74+ acres. 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 Barrows and seconded by Commissioner Dowd to adopt Planning Commission Resolution 91-012 to recommend to the City Council approval of the first extension of time subject to the original conditions. Unanimously approved. BREAK Chairperson Steding adjourned the Commission for a break. The Commission reconvened at 9:31 P.M. B. Draft EIR's for Specific Plans 90-015, 90-016, 90-017; a request of Landmark Land for solicitation of Planning Commission inquiries and invitation of Planning Commission review of draft EIR's. 1. Associate Planner Wallace Nesbit presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Commissioner Dowd questioned how the horses in the area would affect the environmental concerns. Planning Director Jerry Herman stated he would have the EIR address this issue. She further inquired why reclaimed water was not being used. Commissioner Barrows concurred and stated she understood the economics of this was prohibitive, but it should be studied. 3. Commissioner Barrows asked that the Applicant look into some of the more innovative water usage (reduced turf course designs) ideas that were being implemented on some of the golf courses. She further asked that the the issue of traffic be considered. The Commission needed to consider the long term affect of the amount of traffic that would be inundating the community due to the number of units being planned. Air quality will be deteriorating and alternative methods of transportation should be considered such as golf carts being used as a means of transportation within the projects themselves. In addition, the loss of agriculture land is a concern. PCMIN5-28 7 4. Discussion followed as to use of golf carts on public and private streets and the possibility of tunnels connecting residences with the commercial uses within a project. Commissioner Dowd stressed her concern that the Commission address these environmental concerns such as water and air quality as a whole not by individual projects. 5. Commissioner Dowd asked that the issue of how trash can be handled for the rental units be addressed in the EIR. There needs to be a temporary storage facility for trash collection. In addition, she reminded the Commission of the problem of restrooms for gardeners/maintenance workers. 6. There being no further discussion Chairperson Steding instructed Staff to schedule the matter for public hearing on June 25, 1991. VI. CONSENT CALENDAR Approval of Planning Commission Minutes of May 14, 1991. Commissioner Mosher asked that Page 2, Paragraph C, second sentence be clarified regarding the height requirements. Commissioner Dowd stated that on Page 3, Paragraph 8, the last word should be telephone poles. Commissioner Mosher asked that the wording be utility poles. There being no further corrections, it was moved by Commissioner Ladner and seconded by Commissioner Dowd to approve the Minutes of May 14, 1991, as corrected. Unanimously approved. VII. OTHER- None Planning Director Jerry Herman informed the Commission that the City Council would be dark during the month of August and asked what the Commission wished to do. Commissioner Mosher stated the Commission would leave it to the discretion of Staff. If there was a need the Commission would meet. Chairperson Steding informed the Commission that the meeting of June 25, 1991, would be a joint meeting with the City Council. Therefore the Commission would meet at 5:00 P.M. to hear Planning Commission items at City Hall and jointly with the Council at 7:00 P.M. at the Multi-purpose room at the La Quinta Middle School. VIII. ADJOURNMENT A motion was made by Commissioner Mosher and seconded by Commissioner Barrows to adjourn to a regular meeting on June 11, 1991, at 7:00 P.M. in the La Quinta City Hall, 78-105 Caile Estado, La Quinta, California. This meeting of the La Quinta Planning Commission was adjourned at 9:56 P.M. PCMIN5-28 8