PCMIN 04 14 1992 MINUTES
PLANNING COMMISSION - CITY OF LA QUINTA
A regular meeting held at the La Quinta City Hall
78-105 Calle Estado, La Quinta, California
April 14, 1992 7: 00 P.M.
I. CALL TO ORDER
A. The meeting was called to order at 7:01 P.M. by Chairwoman Barrows.
The Flag Salute was led by Commissioner Marts.
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 Start
Sawa, and Department Secretary Betty Anthony.
III. PUBLIC HEARINGS
A. Zoning Ordinance Amendment 92-023: a request of the City to revise
Chapter 9. 212, Sign Regulations of the La Quinta Municipal Code, Title
9, Planning and Zoning.
1. Planning Director Jerry Herman presented the information
contained in the Staff report and recommended it be tabled at
this time for revision, 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. Michael Bangeter stated his opposition
to the Amendment as it would put a burden on the community for
by adding another fee.
3. Ms. Cheryl Ward, realtor, stated her objections as it would put
unrealistic limitations on the real estate community that would be
too restrictive.
4. There being no further discussion Chairwoman Barrows closed
the Public Hearing and Commissioners Ellson moved to table the
matter till further study could be completed on the Amendment.
Unanimously approved.
B. Variance 92-021; a request of John Guenther to exceed the 17 foot high
building maximum in the SR Zone for a residence under construction.
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Planning Commission Minutes
April 14, 1992
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. John Guenther, applicant, gave a
detailed report as to how he felt this problem had evolved.
3. Commissioner Marts questioned Mr. Guenther as to how this
could happen when all the way through the process, his foreman
had been warned that the house exceeded the height limit. Mr.
Guenther stated how Mr. Rhodes, his foreman, had researched
with the different contractors involved and everyone felt the
height would not exceed the limit. He stated this was not a
deliberate attempt to violate the height limit but a series of
errors.
4. Commissioner Ellson questioned the Applicant regarding the
architect and whether he was licensed. Mr. Guenther stated he
was not a licensed architect but had drawn several hundred
homes in La Quinta and was very qualified.
5. Mr. Wade Fuchs, FSB Construction, the framing contractor
explained why he felt the roof line exceeded the limit. He also
stated this was not an intentional act. Discussion followed
regarding the truss design.
6. Mr. Rusty Rhodes, Job Foreman, spoke regarding the problem
and how the roof got to be as high as it is and the costs involved
in solving the problem. He submitted a letter from the truss
company stating their assurance that the roof line would fall
within the height limit.
7. There being no further discussion, Chairwoman Barrows closed
the Public Hearing and opened the matter for Commission
discussion.
8. Planning Director Jerry Herman inquired of the Applicant why
the architect did not know what the height limit was in La Quinta.
Mr. Guenther stated the architects understanding was that it was
17 feet from the finish floor of the house.
9. Commission Ellson asked if the pitch of the roof was changed
would that bring the height limit within the 17 feet. Tom
Ha~rtung, Building and Safety Director stated it would. Mr.
Rhodes stated that he was informed that with a 50 foot span the
safety margin would not allow that. Discussion followed as to
other homes in the area that were finaled with the height
exceeding 17 feet.
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April 14, 1992
10. Commissioner Mosher asked Staff that if the findings used to
determined whether the variance could be granted were City
ordinances or State law. planning Director Jerry Herman stated
they were State Code.
11. Commissioner Ellson asked Staff why the plans are stamped
"conditionally approved". Mr. Hartung stated this was to make
the contractor aware that not all corrections can be caught
during plan check. The purpose of inspections is to catch those
corrections that occur as the homes are being constructed. She
then asked if a packet is made available to building giving them
the information they need to construct a house. Mr. Hartung
stated there was a packet made available to anyone who asked for
it or to those who asked general questions regarding building a
home.
12. Commissioner Mosher stated his empathy for Mr. Guenther,
however the Planning Commission must find exceptions to the
findings in order to approve the variance. He then read the
findings and stated why he felt this variance did not meet those
findings. Based on this information, Commissioner Mosher moved
and Commissioner Marts seconded a motion to adopt Planning
Commission Resolution 92-012 denying Variance 92-021.
Chairwoman Barrows expressed her empathy and that of the
Commission for Mr. Guenther in his situation and felt that Staff
should review their process and see if better communication could
be made to prevent this problem from reoccurring.
ROLL CALL VOTE: AYES: Commissioners Mosher,
Ladner, Ellson, Marts, & Chairwoman
Barrows. NOES: None. ABSENT:
None. ABSTAINING: None.
13. Planning Director Jerry Herman informed the AppLicant that the
action of the Planning Commission is final and will be sent to the
City Council as a report of action. The AppLicant has the right
to file an appeal of this action to the City Council.
C. SR Adjustment 92-005; a request of La Quinta Homes for approval of an
SR Adjustment to allow a deviation from the SR Zone requirement for an
18 inch roof overhand to allow "0" overhang for single family
residences.
1. Principal Planner Stan Sawa presented the information contained
in the Staff report, a copy of which is on file in the Plan~ing and
Development Department.
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April 14, 1992
2. Commissioner Marts asked Staff if any correspondence had been
received from the surrounding neighbors re~arding the
adjustment. Staff responded that non had been received.
3. Commissioner Ellson inquired if there would be any problem with
the location of the walls in the front yard. Staff responded that
the Applicant would be conditioned to comply with all City
requirements.
4. Chairwoman Barrows opened the Public Hearing. Mr. Ed
Lohrbach, applicant, stated he would be sure the wall at the
corner would be within the required setback. He further stated
he would like to request the Commission to grant a blanket
approval for all the homes they build so he would not have to go
through this process with each house. Discussion followed and
Staff stated this would not be possible as the City code requires
that everyone within the area where the house is to be built must
be notified. He further stated that the application could include
more than one lot and could be notified concurrently which would
help cut down on some of the processing.
5. Chairwoman Barrows asked the Applicant if the windows would
be recessed. Mr. Lohrbach explained that the use of recessed
windows and/or double/triple window pane, and the use of trees
would all be considered and used.
6. Commissioner Ladner inquired what the price range would be.
Mr. Lohrbach stated they would be $125,000 and up.
7. Mr. Michael Bangeter, resident, stated he felt this was an
opportunity to relieve the property buyer financially by building
this type of home and saving the cost of overhangs. He
wholeheartedly approved of the home and recommended that the
Planning Commission considering altering the City Code to allow
more of this type of construction. He felt the Title 24
requirements would handle the City needs for stronger energy
restrictions.
8. Chairwoman Barrows closed the Public Hearing as there was no
one else who wished to speak.
9. Commissioner Marts stated he had attended the Design Review
Board and they had unanimously recommended approval of the
project. They also discussed the issue of overhangs.
Commissioner Marts stated that although the overhangs do not
completely solve the problem of sun exposure, if the Code were
rewritten to not require them, the problem would be homes that
would be built that may be extremely unattractive.
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Planning Commission Minutee
April 14, 1992
10. Chairwoman BarrOw~~ §t~ted' that the Planning Commission needs
to look into the issue and see what recommendations could be
made in relation to Title 24 requirements in relation to City
Codes. She asked Staff to place this on a future Study Session.
11. Commissioner Ellson inquired how Title 24 engineers come into
play with the builders. Planning Director Jerry Herman stated
that all homes are required to have Title 24 calculations submitted
at the time of-plan check.
12. There being no further discussion, it was moved by
Commissioner Ladner and seconded by Commissioner Ellson to
adopt Minute Motion 92-015 approving the SR Adjustment 92-005.
Unanimously approved.
C. Preannexation Zoning Amendment 91-071; a request of the City for
preannexation zoning from County designation A-l-20 to the City of La
Quinta zoning A-l-20 (light agricultural).
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 of Staff, Chairwoman Barrows opened
the Public Hearing and as no one wished to address the
Commission, the Public Hearing was closed.
3. There being no discussion, it was moved by Commissioner Mosher
and seconded by Commissioner Marts to adopt Planning
Commission Resolution 92-013 approving Preannexation Zoning
Amendment 91-071.
ROLL CALL VOTE: AYES: Commissioners Mosher,
Ladner, Ellson, Marts, & Chairwoman
Barrows. NOES: None. AB SENT:
None. ABSTAINING: None.
E. Tentative Tract 23773 (Phase 2); a request of Starlight Dunes for
approval of a secon<t one year time extension for recordation of final
tract map for Phase 2.
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. Chairwoman Barrows opened the Public Hearing. Planning
Director Jerry Herman stated the Applicant was unable to attend
the meeting and had called to express his opposition to Condition
#33. There being no one to address the Commission the Public
Hearing was closed.
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Planning Commission Minutes
April 14, 1992
3. Commissioner Mosher asked if this was the same condition placed
on all similar tracts by the Engineering Department regarding a
registered civil engineer being on site to exercise sufficient
supervision and quality control during construction of the tract
grading and improvements to certify compliance with the plans,
specifications, applicable codes, and ordinances. Mr. Herman
stated it was.
4. Chairwoman Barrows asked Staff if the request of the property
owners could be made a condition. Planning Director Jerry
Herman stated it does not apply to the time extension but yes a
condition could be placed on the tract.
5. Commissioner Ellson asked why it was a problem removing the
rubbish and why it has remained so long. Staff stated that Code
Enforcement was working on the problem.
6. Commissione~ Mosher stated his concern that the tract should be
conditioned to remove the debris. Discussion followed as to how
the condition should be worded. In addition, it was stressed
that Condition #20 regarding maintenance of the landscape buffer
strips should be enforced as well as the planting strip on
Starlight Lane.
7. Following the discussion, Commissioner Mosher moved and
Commissioner Marts seconded a motion to adopt Planning
Commission Resolution 92-014 recommending approval to the City
Council of Tentative Tract 23773 (Phase 2) Extension of Time
subject to the revised conditions #27.b. and the addition of
Condition #34, "Subject to the developer complying with the
requirement to correct the problem of soil, rock, rubbish, and
concrete storage on the sub3eet property, prior to approval by
the City Council".
ROLL CALL VOTE: AYES: Commissioners Mosher,
Ladner, Ellson, Marts, & Chairwoman
Barrows. NOES: None. AB SENT:
None. ABSTAINING: None.
IV. PUBLIC CO~T: - None
V. BUSINESS SESSION
A. Tentative Tract 25499 (Revised); a request of Sunrise Company for
approval of first one year extension of time.
1. Principal Plar~ner Stan Sawa presented the information contained
in the Staff report, a copy of which is on file in the Planning and
Development Department.
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Planning Commission Minutes
April 14, 1992
2. There being no questions of Staff, Commissioner Marts moved
and Commissioner Ladner seconded a motion to adopt Planning
Commission Resolution 92-015 recommending approval of
Tentative Tract 25499 (Revised) first one year extension of time.
ROLL CALL VOTE: AYES: Commissioners Mosher,
Ladner, Ellson, Marts, & Chairwoman
Barrows. NOES: None. ABSENT:
None. ABSTAINING: None.
VI. CONSENT CALENDAR
A. There being no other corrections, Commissioner Ellson moved and
Commissioner Mosher seconded a motion to approve the Minutes of the
regular meeting of March 24, 1992, as corrected. Unanimously
approved.
VII. OTHER - None
VIII. ADJOURNMENT
A motion was made by Commissioner Ladner and seconded by Commissioner Marts to
adjourn this regular meeting of the Planning Commission to a regular meeting on
April 28, 1992, at 7:00 P.M. in the La Quinta City Hall Council Chambers. This
meeting of the La Quinta Planning Commission was adjourned at 9:12 P.M., April 14,
1992.
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