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PCMIN 08 13 1991 CC 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 13, 1991 7:00 P.M. I. CALL TO ORDER A. The meeting was called to order at 7:00 P.M. by Chairwoman Barrows. The Flag Salute was led by Commissioner Mosher. II. AGENDA REORDERED A. Commissioner Mosher moved and Commissioner Ladner seconded the motion to reorder the agenda as follows: Public Hearing Items #2, #3, and #4 became Items #1, #2, and #3. Public Hearing Item #1 became Item #4. III. ROLL CAIJ. A. Chairwoman Barrows requested the roll call. Present: Commissioners Mosher, Ladner, Ellson, and Chairwoman Barro~vs. B. Commissioner Mosher moved to excuse Commissioner Marts from the meeting. Commissioner Ellson seconded the motion and it passed unanimously. B. Staff Present: Principal Planner Start Sawa, Associate Planner Wallace Nesbit, and Department Secretary Betty Anthony. IV. PUBLIC HEARINGS A. Continued Public Hearing - General Plan Amendment 90-031, Change of Zone 90-056, Specific Plan 90-016; a request of Landmark Land for approval of a 327 acre project, including golf course, residential and commercial uses, incorporating a 21 acre commercial site and 1208 residential units. 1. Chairwoman Barrows opened the Continued Public Hearing and as no one wished to address the Commission regarding the matter it was moved by Commissioner Ellson and seconded by Commissioner Mosher to continue the matter to September 10, 1991, as requested by the Applicant. ROLL CALL VOTE: AYES: Commissioners Mosher, Lad net, Ells on, & Chairwoman Barrows. NOES: None. ABSENT: Marts. ABSTAINING: None. B. Continued Public Hearing General Plan Amendment 90-029, Change of Zone 90-054, and SDecific Plan 90-015; a request of Landmark Land Company for approval of a 265 acre project, including golf course, and residential uses, incorporating 1060 residential units. 1. Chairwoman Barrows opened the Continued Public Hearing and as no one wished to address the Commission regarding the matter it was moved by Commissioner Mosher and seconded by Commissioner Ellson to continue the matter to September 10, 1991, as recommended by Staff. ROLL CALL VOTE: AYES: Commissioners Mosher, Ladner, Ellson, & Chairwoman Barrows. NOES: None. ABSENT: Marts. ABSTAINING: None. C. Genera! Plan Amendment 90-030, Change of Zone 90-055, and Specific Plan 90-017; a request of Landmark Land for approval of 220 acre project including golf course and residential uses, incorporating 880 residential uses and consideration for certification of Final EIR. 1. Chairwoman Barrows opened the Public Hearing and as no one wished to address the Commission regarding the matter it was . moved by Commissioner Mosher and seconded by Commissioner Ellson to continue the matter to September 10, 1991, as recommended by Staff. ROLL CALL VOTE: AYES: Commissioners Mosher, Ladner, Ellson, & Chairwoman Barrows. NOES: None. ABSENT: Marts. ABSTAINING: None. D. Continued Public Hearing - Public Use Permit 91-010; a request of Michael and Glenda Bangerter for approval of a Preschool/Day Care Center. 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. Staff noted that new correspondence had been received and distributed to the Planning Commissioners 2. Commissioner Ladner inquired of Staff as to what was the determining factor for the installation of a signal at Sagebrush Avenue and Washington Street as recommended in Condition 39. Assistant City Engineer Steve Speer stated all signals were installed when traffic warrants are met. Two criteria for this installation are that the main street (Washington Street) exceeds 10,080 cars per day (Washington is currently at 13,600 cars per day). Second the minor street (Sagebrush Avenue) must exceed 850 cars per day. Sagebrush is currently at 300 cars per day. She further asked what percentage the Applicant would be PCMIN8/13 2 Planning Commission Minutes August 13, 1991 required to pay. Mr. Speer stated it is to be proportionately divided between the developers in the area and the City. 3. Chairwoman Barrows stated the condition does not indicate when the signal should be built. Assistant City Engineer Speer stated all signals are installed when the warrants are met. Discussion followed as to revising the wording of the condition. 4. Chairwoman Barrows opened the public hearing and asked the Applicant to address the Commission. Mr. Bruce Cathcart, P. O. Box 346, La Quinta, representing the Applicant, addressed issues that had been discussed at the previous Hearings. He discussed land costs, building costs, and the 41 conditions. Mr. Cathcart noted the Applicant was willing to cooperate in temporary cul-de-sacing of Saguaro and Bottlebrush. 5. Commissioner Ellson asked the Applicant why kitchen facilities were not included in the plans. Glenda Bangerter stated State requirements made it prohibitive due to their restrictions. The children would provide their own lunches and the school would provide a snack. 6. Chairwoman Barrows questioned the Applicant as to how they determined the number of students. Glenda Bangerter stated they had received advice from the local office of the State agencies, and along with their own figures, determined how many children the school could effectively handle. Mrs. Bangerter further noted the State required they provide 75 square feet of outdoor play area and 35 square feet of indoor area per child. In regard to the number of children allowed, the State Licensing Department would ultimately determine this number and they may reduce the number of allowed children. She also indicated she is talking to three large employers who would be interested in supporting her program. 7. Mary Kate Kelly, 78-565 Sagebrush, addressed the Commission regarding the traffic problem when at full capacity, the additional noise pollution that would be generated and asked that the Commission find another location for the center. 8. Gary Avise, 78-710 Via Sonata, questioned Staff regarding the traffic study, ingress and egress, turning lane problems, and the Dark Sky Ordinance being complied with. Assistant City Engineer Steve Speer explained in great detail how the traffic count was computed and discussed the traffic counts as they are and as projected with the day care operating for Sagebrush. Planning Commission Minutes August 13, 1991 9. Helen Nelson, 78-707 Saguaro, stated she felt the traffic study should be done during the peak season. Comm/ssioner Ellson questioned Ms. Ne]son as to the route the children walk to school and the direction they walked to the school bus. Ms. Nelson stated they picked up the bus at Sagebrush and Via Bolero. 10. Tony Harvey, 78-675 Sagebrush, stated that once Pare La Quinta became a gated community the school district would probably change their bus stop location. He fully supported the project and stated that if the traffic w~ll increase perhaps the neighbors could gain access through the Amcor development to the south. l l. Jim Battin, 78-650 Saguaro, stated he wanted his written comments, submitted at Study Session, entered into the record. He impressed on the Commission that even though the traffic study showed Sagebrush would only be at 72% capacity, they should realize that is a lot of traffic. He felt homes would not sell due to the increased traffic. He stated he had submitted a questionnaire to local day care facilities and they all have vacancies in the price range quoted by the Applicant. 12. Mark Skochil, 78-595 Bottlebrush, reiterated this was a business for profit and the Comn~ssion should consider this. 13. Eddie Patton, 49-125 Balada Court, stressed to the Commission that the figures stated are not the reality of Hying with this increase of traffic. He felt that because of the traffic problems people would cut through Parc La Quinta streets to exit. 14. Linda McCHntock, 78-748 Via Sonata, suggested to the Commission that they require developers to set aside funds based on square footage for day care in their businesses. She further stated the noise levels would increase. In addition, she had contacted a local developer and he would be glad to ~ve the day care space. 15. Kevin Anderson, 52-839 Diaz, felt the residents in the area were not understanding the traffic study and they should not let it be an emotional issue. He did not feel property values would decrease because of the school. A.J. Maragos, 78-540 Bottleb~ush, felt there should be a better location for the school and this area should be donated to the City for a park for the children in this area. 17. Bettye Anderson, 52-839 Diaz, stated she felt people would chose to live in this area because of the closeness to the school and that it would be an asset. Suggested that senior citizens be used to help children at the crosswalks. · PCMIN8/13 4 Planning Commission Minutes -- August 13, 1991 18. Karen Kirk, 78-585 Saguaro, stated this was not a school but a baby sitting business. Crime has and would continue to increase and they would not be able to tell who belonged in the neighborhood and who did not due to the increase in traffic. 19. Verna Loeffler, 52-990 Alvarado, felt that since the Parc La Quinta project developer did not do his part in providing child care facilities, this project would correct that. Additionally, she felt that if this project stopped development on Sagebrush Drive as one man contended, the child cai'e traffic would provide a trade off. 20. Mary Starts, 78-570 Saguaro, informed the Commission their house was their life savings and if this project is approved it will negatively affect their property value. She felt that should a flood occur in the channel it would damage the school. 21. Carrie Norlin, 78-695 Saguaro, asked the Commission to find another location. Evening functions will create parking problems as well as noise. She did not feel there was a day care crisis. 22. Dwayne McElroy, 78-695 Bottlebrush, commended the Planning Commission on their planning and zoning decision to date, but felt they were under a great deal of pressure to change the zoning for this area. He felt the zoning for this property was inappropriate. 23. Carla Klein, 78-585 Sagebrush, with only one access to this area, what happens if there were to be a chemical spill on Sagebrush. Residents would not be able to evacuate the neighborhood. 24. Rosie Zamarrepa, 78-161 Sagebrush, was concerned as to why the residents have to fight amongst themselves. She felt this problem was caused by large developers buying all the land and making it impossible for these people to find land more suitable for their project. 25. Rick Kelly, 78-680 Saguaro, as a realtor he stated he felt this project would greatly affect property values. 26. Gloria Guttue, 74-540 Saguaro, stated she has lived across the street from a day care center and it took five years to sell her house. She felt the traffic would create a problem. 27. Launa Nelson, 52-900 Diaz, stated her support of the project. 28. As no one else wished to addressed the Commission, Chairwoman Barrows closed the public hearing and opened the matter for Commission discussion. Planning Commission Minutes August 13, 1991 29. Commissioner Ladner asked the Applicant what her break even point for students was. Glenda Bangerter stated they would need 130 students just to break even. She further stated that when the toddler/infant program was implemented they would need a minimum of 130 full time students to offset the cost of the toddler/infant program. 30. Commissioner Ladner inquired why Date Palm was not a through street to 50th Avenue. Commissioner Mosher stated that when the Amcor development was before the Commission for approval the street was planned to be extended to 50th Avenue until the residents in the area objected. The Commission acceded to the resident's request and the street extension was deleted. 31. Commissioner Ellson asked if the cul-de-sacs would be provided with emergency access. Assistant City Engineer Steve Speer stated they would be designed for emergency access. She further inquired as to where the children stand for the school bus and about how many stops are made there daily. The residents replied that most of the students stand in the right-of- way and there are about 12 trips total. 32. Chairwoman Barrows inquired how the school bus turn arounds will be handled after the streets are cul-de-saced. Staff stated they had not discussed this matter with the School District as of yet. 33. Commissioner Ellson asked Staff if the Hghts for the school are in conformance with the Dark Sky Ordinance. Staff stated they were conditioned to do so. Discussion followed as to whether to restrict the hours lights could be on. Commission Mosher stated this would not be wise as some lights were needed for security purposes. 34. Commissioner Ladner inquired of Staff as to what methods were used to mitigate noise pollution. Staff stated block walls, landscaping, berms, were methods that had been implemented to reduce noise. Staff stated the Conditions of Approval required the Applicant to construct whatever measures the noise study recommended. 35. Commissioner Mosher asked if the Planning Commission would be reviewing the noise study. Staff replied that if the Commission conditioned the project, the study would come before them for approval. 36. Discussion followed as to the number of children and whether it would help to mitigate some of the problems by reducing the number of children allowed. PCMIN8/13 6 Planning Commission Minutes August 13, 1991 37. Commissioner Ellson asked the Applicant what their time frame was for the cultural arts multi-use building. The Applicant responded that at present they had no time frame but they would be required to bring it before the Commission for approval. 38. Chairwoman Barrows asked what the time frame was for the toddler/infant center. The Applicant responded they did not have a time frame but did plan to proceed as soon as possible. It was a very costly project to run and they would have to offset the costs by the day care center. 39. Commissioner Ladner stated that she had conducted her own study as to the viability of a day care center and was surprised by the results that showed that the most beneficial place for a day care center is in a residential area. She stated that she felt the Commission should look into requiring developments providing day care centers as part of their projects. 40. Chairwoman Barrows stated she had a problem with the egress and ingress and asked if Staff had any recommendations for mitigating these impacts. 41. Commissioner Ladner stated she had struggled with this project in light of the residents in this area strongly objecting to the project but felt it was her duty to review this project as it relates to the good of the whole community. 42. Commissioner Mosher discussed the issue of sidewalks being needed on Sagebrush and Date Palm for the safety of the children in the area. He suggested a modification of Condition 40.g to require them. 43. Chairwoman Barrows agreed and stated that the Applicant should be required to provide sidewalks for Sagebrush as well as Date Palm. She inquired of Staff as to the cost and what the typical arrangement was for developers with respect to the cost of sidewalks. Was there a proportional share with the City? Staff stated sidewalks for Sagebrush would cost approximately $15,000, with approximately $5,000 for Date Palm. 44. Commissioner Ellson inquired of Staff if the City owned any lots in this area. Assistant City Engineer Steve Speer stated the City presently owns two lots for the purpose of retention basins and was in the process of purchasing two additional lots for the same reason. Discussion followed as to a way to provide a park for this area. Planning Commission Minutes August 13, 1991 45. Commissioner Mosher inquired of the Applicant if he would be able to assimilate the sidewalk costs. Bruce Cathcart responded it would hurt and would prefer a joint participation program. Discussion followed as to how funding was being handled in other parts of the City in reference to curbs and sidewalks. 46. Chairwoman Barrows inquired of Staff as to the possibility of installing crosswalks and a stop sign at the corner of Via Bolero and Sagebrush. Assistant City Engineer Steve Speer stated the City would object to a crosswalk midway in the block without stop signs because it would lead the children to believe cars will always stop. Discussion followed as to the timing of street improvements for these streets. 47. Chairwoman Barrows again brought up the issue of the number of children being allowed before the Commission. Commissioner Ladner agreed and felt the number should be restricted to 120 pre-school and 30 toddlers/infants. Commissioner Mosher stated he felt this should be left up to the State as they will determine how many children will be allowed. 48. Discussion followed as to the temporary cul-de-sacing of Saguaro and Bottlebrush. Staff responded this would not be feasible at this time due to the lack of turnaround area and street improvements on the streets. At the present time there was barely enough room for two cars to pass. The Commissioners discussed with Staff some means of relaying the message to the City Council of the importance of completing the cul-de-sacing and street improvements before or with the completion of this project. Staff stated this could be accomplished through their report of action to the City Council. 49. Commissioner Ladner stated that she would have difficulty approving this project until she was certain the full street improvements and cul-de-sacing would be completed before the opening of the school. This concern was shared by all Commissioners due to the impact of traffic and their concern for the safety of those living in this area. Even though they could not require the City to install the street improvements, they did not feel they could approve this project without those street improvements being completed. Rather than indicating this concern to the City Council in separate action regarding the street improvements, the Commissioners felt the project should be approved only if the street improvements were installed prior to the opening of the day care. PCMIN8/13 8 Planning Commission Minutes August 13, 1991 50. Following discussion {t ~s moved by Commissioner Mosher and seconded by Commissioner E]lson to adopt Planning Commission Resolution 91-09.3 approving Public Use Permit 91-010 as recommended by Staff with the following modifications: a. Condition 6. Will be modified to state the required noise study will be approved by the Planning Commission. b. Condition 39. "The Applicant shall pay a proportional share of the cost to design and install the traffic signal proposed at Sagebrush Avenue and Washington Street when average daily traffic (ADT) reaches 850 as determined by the Engineering Department. The proportional share shall be commensurate with the estimated traffic generated by the proposed development and the estimated traffic generated by the surrounding neighborhood. c. Condition 40. g. "The City shall restrict parking along the north side of Sagebrush Avenue and post appropriate speed limits." · d. Condition 40.h. "Along the south side of Sagebrush Avenue between Washington Street and Date Palm Drive and on the west side of Date Palm Drive between Sagebrush Avenue and Saguaro Drive, the Applicant / Developer shall install standard City sidewalks." e. Condition 41. "The maximum number of students shall be limited to 150 with 30 infant/toddler allowed in the future phase." f. Condition 42. "The City of La Quinta shall install full street improvements on Sagebrush Drive and Bottlebrush Avenue, Saguaro Drive and Date Palm Drive as needed, and cul-de-sac Bottlebrush Drive and Saguaro Avenue at Washington Street (per the Washington Street Specific Plan) prior to the opening of the child care center." ROLL CALL VOTE: AYES: Commissioners Mosher, Ladner, Ells on, & Chairwoman Barrows. NOES: None. AB SENT: Marts. ABSTAINING: None. Planning Commission Minutes August 13, 1991 E. Continued Public Hearing - Tentative Tract 26181; a request of Ray Troll to subdivide 14 gross acres into 52 single family lots. 1. Principal Planner Stan Sawa stated the City had received a letter from the Applicant requesting that this application be withdrawn from further consideration as he had sold the property to the Desert Sands Unified School District. 2. Commissioner Mosher moved and Commissioner Ladner seconded a motion to discontinue further action on the application. Unanimously approved. F. Zoning Ordinance Amendment 91-017; a request of the City to add Chapter 9.78 to the La Quinta Municipal Code relating to the prohibition of time share projects and uses. ]. 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. Commissioner Mosher asked that Exhibit "A" Chapter 9.78. 030(c) be amended to omit the wording, "which is not coupled with an estate in real property". 3. There being no further discussion it was moved by Commissioner Ellson and seconded by Commissioner Mosher to adopt Planning Commission Resolution 91-024 recommending to the City Council approval of Zoning Ordinance Amendment 91-017 subject to the amended Exhibit "A". ROLL CALL VOTE: AYES: Commissioners Mosher, Ladner, Ellson, & Chairwoman Barrows. NOES: None. ABSENT: Marts. ABSTAINING: None. V. PUBLIC COMMENT - None VI. BUSINESS SESSION A. New cart storage screen wall - Von's Shopping Center; a request of Von's Market for approval of construction of a cart storage screen wall. 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. PCMIN8/13 10 Planning Commission Minutes August 13, 1991 2. Mike Rich, Greg Hammers Architects for the project, addressed the Commission regarding the project and asked for a clarification of the Design Review Board recommendation. ' 3. There being no further discussion, it was moved by Commissioner Ellson and seconded by Commissioner Mosher to adopt Minute Motion 9]-021 approving the cart storage screen wall design subject to Staff recommendations. Approved on a 3 to 1 vote with Commissioner Ladner voting no. B. Minor Teml~orary Outdoor Event 91-032; a request of Thunderbird Artists for approval to conduct art shows. 1. PrincipaI Planner Stan Sawa presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. Staff noted that under Condition 18, the height should be changed from 6 feet to 5 feet. 2. Commissioner Ellson stated she felt the starting date should be the weekend of November 9th. The Applicant, Judi Combs, stated she had already planned to do so. 3. There being no further discussion, it was moved by Commissioner Ladner and seconded by Commissioner Ellson to adopt Minute Motion 9]-022 approving Minor Temporary Outdoor Event 91-032 subject to Staff recommendation as modified. Unanimously approved. C. Street Vacation 91-016 for Specific Plan 90-015; a request of Landmark Land for determination of General Plan consistency to vacate Rancho La Quinta Road and Pasco Del Rancho. 1. It was moved by Commissioner Ladner and seconded by Commissioner Mosher to continue this request to September 10, 1991. Unanimously approved. D. Street Vacation 91-017 for Specific Plan 90-016; a request of Landmark Land for determination of General Plan consistency to vacate Rancho La Quinta Road and Pasco Del Rancho. 1. It was moved by Commissioner Ladner and seconded by Commissioner Ellson to continue this project to September 10, 1991. Unanimously approved. 11 Planning Commission Minutes August 13, 1991 E. Sign Application 91-149; a request of Mobil Oil for approval of a sign program and adjustments. 1. There being no discussion it was moved by Commissioner Mosher and seconded by Commissioner Ellson to adopt Minute Motion 91- 023 approving Sign Application 91-149 subject to Staff and Design Review Board recommendations. Unanimously approved. VIII. CONSENT CALENDAR A. There being no corrections, it was moved by Commissioner Mosher and seconded by Commissioner Ladner to approve the Minutes of July 23, 1991, as submitted. Unanimously approved. IX. ADJOURNMENT A motion was made by Commissioner Mosher and seconded by Commissioner Ladner to adjourn to a regular meeting of the Planning Commission on September 10, 1991, at 7:00 P.M. in the La Quinta City Hall Council Chambers. This meeting of the La Quinta Planning Commission was adjourned at 11:36 P.M., August 13, 1991. PCMINS/13 12