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PCMIN 11 12 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 November 12, 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 Ellson. II. ROLL CALL A. Chairwoman Barrows requested the roll call. Present: Commissioners Mosher, Ladner, Ellson, Marts, and Chairwoman Barrows. B. Staff Present: Planning Director Jerry Herman, Principal Planner Stan Sawa, Associate Planners Glenda Lainis, Greg Trousdell, and Department Secretary Betty Anthony. -- Chairwoman Barrows asked for a motion to reorganize the agenda to include the discussion of the cancellation of the December 24, 1991 Planning Commission meeting. Commissioner Mosher moved and Commissioner Ellson seconded the motion to amend the agenda as stated. Unanimously approved. III. PUBLIC HEARINGS A. Public Use Permit 91-008 and Variance 91-018; a request of La Quinta Christian Church Fellowship for approval of an expansion to an existing church plus associated parking area on a 0.74 acre site and a variance request to allow: A) Increased building height limit to 23 feet, and B) to postpone the construction of a 6 foot high masonry wall on the south side of the project. 1. Associate Planner Glenda Lainis presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Commissioner Ladner asked Staff if the conditions that were imposed by the County in 1973 had been complied with. Staff stated that all the landscaping had not been completed or died. Staff further stated that the present Applicants were not involved with the original .application. PCMINNO12 1 Planning Commission Minutes November 12, 1991 3. Commissioner Ellson asked for clarification as to how many lots were involved. Staff stated that the original application only consisted of one lot. Since that time the Church had received the additional lot. 4. Chairwoman Barrows inquired about the school licensing. Staff stated that the school was not required to be licensed. They only needed to file an annual letter or affidavit with the County stating they were in operation. 5. Commissioner Mosher asked if the City Attorney had been contacted regarding this issue and what her opinion had been. Staff informed the Commission that they had been in contact with the City Attorney and she had asked the Commission to continue the matter to give her more time to research the matter. 6. Commissioner Marts stated that he did not feel the school was part of the application before the Commission. Staff stated the school was only before the Commission if they chose to consider them jointly. It was to the discretion of the Commission whether to consider them jointly, separately, or to not take up the issue of the school at all. 7. Commissioner Mosher asked if the height limitations imposed on this area were governed by City zoning ordinances or by the property owners CC & R's. Staff stated the zoning was imposed on this area when the SR Zone was created. 8. There being no further questions of Staff, Chairwoman Barrows opened the Public Hearing. Mr. Jack Clark spoke on behalf of the Applicant and addressed the issue of the school. He stated the school would be restricted to 25 students and requested that Staff impose this limitation in the Conditions of Approval. As to the letter or affidavit to the County, it had been sent that day and a copy was presented to the Commission. They had complied with all laws required of them to their knowledge. 9. Commissioner Ellson asked if the school needed to be licensed. Pastor Mark Collins stated the school was associated with the Accelerated Christian Education program and received their curriculum from them. 10. Commissioner Marts asked how the school obtained accreditation. Pastor Collins stated that the only requirement needed of the school was a letter to the County stated they were operating a school. When a child leaves their school to go on to higher education, they only have to take a test and pass it. He stated that their students had scored extremely well on ail tests. PCMINNO12 2 Planning Commission Minutes November 12, 1991 ] 1. Mr. Clark went on to state that the Church had met with as many of the neighbors as would attend their meeting, and tried to work out aH the objections. In light of some of the objections, they were withdrawing the Variance application. He went on to state the other objections that had been raised at the previous meeting and how they had tried to solve them. 12. Chairwoman Barrows questioned the 17 foot height limitation. Discussion followed as to building heights. 13. Commissioner Mosher questioned the Applicant regarding the parking being able to accommodate the school and church. Mr. Clark stated that there were only 3 or 4 cars during the school hours. He further stated that the Church had surpassed the amount of landscaping originally conditioned on the Church. Commissioner Mosher stated that he felt the Church should be required to paint the existing building the same color as the proposed structure, screen the air conditioning equipment, and provide the landscaping that was suggested by Staff. 14. Mr. John Bund, architect for the project addressed the Commission regarding some of the conditions. He asked if the noise study would still be required if the Applicant provided the walls on three sides. Staff stated that if walls were provided on three sides and a 36-42" wall and berm were provided for the frontage, the elimination of the noise study was possible. Mr. Bund then inquired if the Fire Marshal requirements for a fire hydrant would be required. He felt this would be accomplished as a matter of the City improvements for this area. Staff stated this was up to the Fire Marshal, but the potential for this to be included in the City improvements existed. Mr. Bund then inquired if the Commission would consider the phasing plan to accomplish all the work as he requested at the last meeting. 15. Mr. Dan Hooper, neighboring resident, addressed the Commission and stated that he felt the Applicant had mitigated ali of his objections and he would support the approval of the project. 16. Ms. Roselyn Davis, neighboring resident, spoke in opposition to the project stating her concerns regarding noise, traffic, parking facilities, the unknown growth of the church, and having a playground in her front yard. Commissioner Mosher inquired how long Ms. Davis had lived in this house. She stated she had moved to this house in June, 1991. 17. Ms. Catalina Porras, Church member, spoke in favor of the Church and stated how the Church had ministered to the Community and she was dismayed at the neighbors objections. PCMINNO12 3 Planning Commission Minutes November 12, 1991 18. Ms. Susie Sanford, neighboring resident, read a statement regarding her objections. She compared the location of this Church to locations of various churches in Indio. In addition she stated she was concerned about the unknown growth of the Church and showed pictures of the church showing what she felt was a lack of upkeep. 19. Mr. Clark addressed the Commission again and showed the original plans of the Church and stated the Church's growth would be restricted by the number of people it would hold. 20. There being no further comment, Chairwoman Barrows closed the Public Hearing and opened the matter for Commission discussion. 21. Commissioner Ladner inquired why the Applicant had not completed the affidavit. Mr. Clark stated they had chose to write a letter instead following the procedure that was followed by most private schools. 22. Commissioner Mosher asked what the seating capacity of the new sanctuary would be. Mr. Clark stated it would be 110. 23. Commissioner Ellson asked Staff if the City's zoning regulations allowed churches in residential area. Staff stated they would be allowed under the Public Use Permit application in any zone. She felt that as there was obvious objections to this type of use in a residential area, maybe the City should consider rewriting the regulations. Staff stated this was a finding the Commission could use to deny the application if they so chose to do so. 24. Commissioner Ladner asked if the City made any allowances for homeowners who did not have the money to complete required improvements. Staff stated they did not. 25. Chairwoman Barrows questioned whether the school should be considered with the application before them. Staff responded that it was at the Planning Commission's discretion. 26. Commissioner Ellson asked if the current building would be replaced at some future date. Mr. Clark stated that there plans were to replace the building at a future time when funds were available. 27. There being no further discussion it was moved by Commissioner Ladner and seconded by Commissioner Ellson to continue this matter to the meeting of November 9.6, 1991, to allow further City Attorney input regarding the school use. PCMINNO12 4 Planning Commission Minutes November 12, 1991 ROLL CALL VOTE: AYES: Commissioners Mosher, Ladner, Ellson, Marts, & Chairwoman Barrows. NOES: None. ABSENT: None. ABSTAINING: None. B. Building Moving Permit 91-001; a request of D & M Morgan for permission to move a 1,200 square foot building located at 78-435 Cameo Dunes Place to 54-038 Avenida Bermudas. 1. Associate Planner Glenda Lairds asked that the matter be continued as the Applicant had not paid the fees (which were just established by the City Council) required to process the permit. 2. Commissioner Mosher moved and Commissioner Marts seconded a motion to continue the matter to November 26, 1991. ROLL CALL VOTE: AYES: Commissioners Mosher, Marts, Lad her, Ells on, & Chairwoman Barrows. NOES: None. ABSENT: None. ABSTAINING: None. C. Preannexation Zoning 91-068 and General Plan Amendment 91-039; a ~-equest of Valley Land Development for a change in the boundaries for the zoning classification of a new zoning classification and land use designation for a portion of the property adjacent to Washington Street, north of Fred Waring Drive. 1. At the request of the Applicant, Commissioner Marts moved to continued the Public Hearing to the meeting of November 26, 1991. Commissioner Ellson seconded the motion. ROLL CALL VOTE: AYES: Commissioners Mosher, Marts, Ladner, Ellson, & Chairwoman Barrows. NOES: None. ABSENT: None. ABSTAINING: None. D. Specific Plan 88-012 and Tentative Tract 23995; a request of A. G. Spanos Construction Company for approval of a First One Year Time Extension. 1. Associate Planner Glenda Lainis presented the information contained in the Staff report, a copy of which is on file in the Planning and Development Department. 2. Commissioner Marts asked Staff if there was any assurance that the bike path would be completed and would connect at both ends. Staff stated there was a master plan and as developments took place the bike path would be created. PCMINNO12 5 Planning Commission Minutes November 12, 1991 3. Mr. Ron Rouse, legal counsel for the Applicant, addressed the Commission regarding their request. He stated he did not feel it was appropriate for the Commission to address issues other than the time extension as this matter had already received all the necessary approvals. 4. Commissioner Ellson expressed her concern regarding the density of the multi-family portion of the project. She strongly expressed her opinion that there were too many people confined in to small an area with no consideration for open space or parks. Discussion followed between Mr. Rouse and the Commission relative to this subject. 5. Commissioner Mosher asked what the prior zoning for the project had been. Mr. Rouse explained what the zoning had been and the process they had followed to obtain the current zoning. 6. Following discussion, it was moved by Commissioner Mosher and seconded by Commissioner Marts to adopt Planning Commission Resolutions 91-053 and 91-054 recommending to the City Council concurrence with the Environmental Analysis and approval of Tentative Tract 23995, First Extension of Time subject to the amended conditions and Specific Plan 88-012, subject to the amended Conditions of Approval. ROLL CALL VOTE: AYES: Commissioners Mosher, Marts, Ladner. NOES: Commissioner Ellson & Chairwoman Barrows. ABSENT: None. ABSTAINING: None. E. Variance 91-020; a request of Jack Sobelman for approval of a variance to the maximum building height in the SR Zone for a residence under construction. 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 questions of Staff, Chairwoman Barrows opened the Public Hearing. Mr. Jack Sobelman, applicant, addressed the Commission regarding his request. 3. There being no discussion, it was moved by Commissioner Ellson and seconded by Commissioner Mosher to adopt Planning Commission Resolution 91-055 approving Variance 91-020, subject to conditions. PCMINNO12 6 Planning Commission Minutes November 12, 1991 ROLL CALL VOTE: AYES: Commissioners Mosher, Marts, Ladner, El]son, & Chairwoman Barrows. NOES: None. ABSENT: None. ABSTAINING: None. IV. PUBLIC COMMENT - None V. BUSINESS SESSION A. Street Name Change 91-002; a request of Wilma Pacific for a street name change and the setting of a date to consider the name change. 1. Associate Planner Glenda Lairds 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 Marts and seconded by Commissioner Mosher to adopt Planning Commission Resolution 91-056 setting the date of December 10, 1991, as the time and place for hearing the request to change the street Via Marquessa to Lake La Quinta Drive. _ ROLL CALL VOTE: AYES: Commissioners Mosher, Marts, Ladner, Ellson, & Chairwoman Barrows. NOES: None. ABSENT: None. ABSTAINING: None. B. Minor Temporary Outdoor Event 91-032; a request of Thunderbird Artists for an Amendment to Conditions of Approval for the Art Shows at Plaza La Quinta. 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 comment, Commissioner Mosher moved and Commissioner Ellson seconded a motion to adopt Minute Motion 91- 047 approving the Amendment to Condition #7 for Minor Temporary Outdoor Event 91-032. Unardmously approved. VII. CONSENT CALENDAR A. Commissioner Mosher moved and Commissioner Marts seconded a motion to approve the Minutes of October 8, 1991 and October 22, 1991, as submitted. Unardmously approved. PCMINNO12 7 Planning Commission Minutes -- November 12, 1991 VIII. OTHER A. Chairwoman Barrows introduced the matter of cancelling the December 9.4, 1991 Planning Commission meeting. There being no discussion, it was moved by Commissioner Marts and seconded by Commissioner Ellson to cancel the Planning Commission meeting of December 9.4, 1991. Unanimously approved. B. The Commission discussed the survey prepared by Staff on building heights. At the conclusion of the discussion, it was requested by the Commission that Staff prepare a color coded map for the Commission which shows the various projects at their height limits. C. A brief discussion follo~ved as to billboards on Highway 111. Staff stated the billboards are removed as projects are approved. IX. ADJOURNMENT A motion was made by Commissioner Mosher and seconded by Commissioner Marts to adjourn this regular meeting of the Planning Commission to a regular meeting on November 26, 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 9: 40 P.M., November 12, 1991. PCMINNO12 8