PCMIN 09 14 1993 MINUTES
PLANNING COMMISSION- CITY OF LA QUINTA
A regular meeting held at the La Quinta City Hall
78-495 Calle Tampico, La Quinta, California
September 14, 1993 7:00 P.M.
I. CALL TO ORDER
A. The meeting was called to order at 7:04 P.M. by Chairwoman Barrows.
Commissioner Ellson led the flag salute.
II. ROLL CALL
A. Chairwoman Barrows requested the roll call. Present: Commissioners Ellson,
Marts, Abels, and Chairwoman Barrows.
B. Commissioners Abels/Marrs moved and seconded a motion to excuse
Commissioner Adolph. Unanimously approved.
C. Staff Present: Planning Director Jerry Herman, Principal Planner Stan Sawa,'
Associate Planners Greg Trousdell and Leslie Mouriquand-Cherry, and
Department Secretary Betty Sawyer.
IV. PUBLIC HEARINGS
B. Continued Tentative Tract 27840; a request of TD Desert Development (Chuck
Strother) for approval of a tentative tract map to create 127 single family
residential lots and miscellaneous lots on 55 + 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. Commissioner Man's asked staff to clarify the changes to the Conditions
of Approval staff was requesting.
3. There being no further comment, Chairwoman Barrows opened the public
heating. Chuck Strother, applicant, addressed the Commission regarding
his project and asked for clarification on Condition #37, last paragraph,
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regarding off-site street improvements which were recommended by the
Engineering Department. Mr. Strother then question Condition #20 and
went on to explain to the Commission why the condition was being
required and gave his reasoning as to his alternative to Condition #20.
4. Chairwoman Barrows asked staff to clarify the alternatives offered for
Condition #20. Staff explained that Condition #20 was recommended for
amendment by the Engineering Department. The condition deals with
acquisition and dedication of street right-of-ways. Presently at the
southwest comer of the site adjacent to Washington Street, there is a
triangular shape piece of land which is privately owned and needed to
widen Washington Street. This property is in front of the subject property
but under a separate ownership not associated with the project. Staff
explained that the Engineering and Planning and Development staff met
with Mr. Strother prior to the Planning Commission meeting to discuss
acquisition of this triangular shape piece of land. Based upon a review of
the Development Agreement, it was staff's position the applicant should
acquire the land and deed or dedicate the right-of-way to the City for
street improvements. The applicant did not agree with staff's
interpretation of the Development Agreement and wanted the City to
acquire this piece of land and then he would construct the required street
improvements. A third option of sharing the costs was being presented
to the Planning Commission for their recommendation.
5. Following discussion with staff and there being no further questions,
Chairwoman Barrows closed the public hearing.
6. Commissioner Ellson asked if the agricultural requirement was the
standard requirement. Staff stated it was.
7. Commissioner Marrs asked if staff had any comment on Condition #37.
Staff stated the condition requires was intended to provide for incidental
improvements to make a safe and finished road transition. Commissioners
asked staff to modify this condition to reflect this transition.
8. The Engineering Department and Planning and Development Department
did recommend further conditions be added and/or amended. Condition
#38.A.2. was amended clarifying the extent of the half-street
improvements along Washington Street. The condition noted that the
improvements must be between Avenue 48 on the north and the southern
boundary adjacent to Park La Quinta, including the triangular shaped
piece of land which is under the ownership of a separate individual.
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Condition #38.A.3. was modified regarding signal costs. Since the
specific plan specified the extent of the costs it was deleted from this
condition as part of the tentative tract map. Condition #38.A.4. was
amended to include Adams Street improvement requirements. Condition
#38.B. 1-3. were added to stipulate on-site street widths. The on-site street
widths were not previously noted in the draft conditions. Condition #67
was added to require a stripped golf cart lane along the main collector
road as required by the specific plan. Condition #68 was added to require
a pedestrian and bicycle path system within the project. This condition
was also required as a result of the specific plan requirements. The
conditions and requirements of the Coachella Valley Water District were
added as Condition #69. The Coachella Valley Water District conditions
were for the most part, relatively standard. A flooding easement for the
portion of the golf course, which will act as an evacuation channel, will
be required. Additionally, the applicant will need to provide other
facilities for the expansion of the domestic water system, such as wells,
reservoirs, and booster pumping stations. Lastly, the landscaping and
irrigation plans will need to be submitted to the District for review to
insure efficient water management. The applicant stated he had no
objection with these revisions.
9. Commissioners discussed with staff the alternatives to Condition #20.
Following this discussion, the Commission recommended the third option
which would require the City and applicant to share in the acquisition of
the land. Under this option, the applicant will be responsible to front all
costs for acquiring the land. One third of the cost of the acquisition of the
property shall be the applicant's responsibility (one third is needed for the
street improvements). The City will grant a credit to the applicant in the
amount of two thirds of the cost of acquisition. The credit will be made
against the applicant's other obligations (i.e., fees, etc.) with respect to
this development. The means of granting this credit is to be determined
at a later date. There shall be no out-of-pocket expense to the City in
acquiring the needed right-of-way or future credits.
10. Following discussion, it was moved/seconded by Commissioners
Marrs/Abels to adopt Resolution 93-032 recommending approval of
Tentative Tract 27840 subject to the modified conditions as stated above.
ROLL CALL VOTE: AYES: Commissioners Ellson,
Man's, Abels & Chairwoman
Barrows. NOES: None.
ABSENT: Commissioner Adolph.
ABSTAINING: None.
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B. Continuing Change of Zone 91-066 and Plot Plan 93-502; a request of Jascorp
for a Change of Zone from R-l, R-2'8,000 and C-P to R-2 for approximately 12
acres, and a Plot Plan to develop a 124 unit one and two story low and moderate
income apartment complex.
1. Associate Planner Greg Trousdell stated the applicant had requested a
continuance of the project to September 28, 1993. The public hearing was
opened by Chairwoman Barrows. There being no discussion, it was
moved and seconded by Commissioners Marrs/Ellson to continue Change
of Zone 91-066 and Plot Plan 93-502 to September 28, 1993.
Unanimously approved.
C. Vesting Tentative Tract 27031 (Minor Change. Amendment #1); a request of Mr.
E. George Marzicola on behalf of the Washington Square property owners for a
one year time extension.
1. Associate Planner Greg Trousdell presented the information contained in
the Staff report, a copy of which is on file in the Planning and
Development Department.
_
2. Commissioner Ellson asked staff to clarify the Avenue 47 access.
3. There being no further questions of staff, Chairwoman Barrows opened
the public hearing. Mr. George Marzicola addressed the Commission
regarding the request.
4. There being no further public comment, Chairwoman Barrows closed the
public hearing.
5. Commissioners Ellson/Abels moved and seconded a motion to adopt
Resolution 93-033 recommending approval of Tentative Tract 27031
(Minor Change, Amendment #1) first extension of time, subject to
conditions.
ROLL CALL VOTE: AYES: Commissioners Ellson,
Marrs, Abels & Chairwoman
Barrows. NOES: None.
ABSENT: Commissioner Adolph.
ABSTAINING: None.
D. Public Use Permit 93-016; a request of Bernardo Gouthier for approval of a
sculpture park with an art school, garden gallery, and administrative offices.
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1. Associate Planner Leslie Mouriquand-Cherry 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 to clarify the width of the exit and the
purpose of the shuttle system. Staff stated they were requiring the exit to
be 15-feet and the shuttle system was to transport the students to the
school and keep the parking lot close to the street.
3. Commissioner Ellson asked if there was any problem with the waste
disposal company getting access. Staff stated Waste Management of the
Desert had no problem.
4. Commissioner Ellson asked if the entire caretakers facility would be
constructed in the first phase. Staff referred the matter to the applicant.
5. There being no further questions of staff, Chairwoman Barrows opened
the public hearing. Mr. Bernardo Gouthier, in answer to Commissioner
Ellson question, stated the first phase would consist of only the
highlighted area. Commissioner Ellson then pointed out that the restroom
facilities for the caretaker were not included in that portion. Mr. Gouthier
amended his stated and included the complete building in the first phase.
6. Mr. Gouthier asked for clarification on Condition//32. Staff stated Mr.
Gouthier's street improvements existed and he would have no off-street
requirements except for landscaping. Following discussion, it was
recommended that Condition//32 be deleted.
7. There being no further public comment, Chairwoman Barrows closed the
public hearing. Commissioners Ellson/Abels moved and seconded a
motion to adopt Minute Motion 93-042 approving Public Use Permit 93-
016, subject to the deletion of Condition//32, the increasing of Phase I to
include the entire classroom, storage, and caretakers facility, and
Condition #35.A. 1 being changed to 15-feet. Unanimously approved.
IV. PUBLIC COMMENT: None
V. BUSINESS SESSION:
A. Continued Tentative Tract 23913 (Quinterra)-Phase II; a request of Forecast
Homes for approval of architectural plans for single family residences.
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1. Associate Planner Greg Trousdell 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 asked that only
those who had something new to add to the previous comments address
the Commission at this time.
3. Mr. Ed Kibbey, representing Building Industry Association stated that the
building industry depends upon builders being able to process their
projects, through the City process according to their established
regulations. This was also true for the property owners as well. He felt
the City should base their decision on what the Code called for.
4. Mr. Russell Robertson, representing Quinterra, submitted additional
petitions to the Commission and stated he felt that any units approved for
development should be compatible with the existing homes. He submitted
a picture comparison of the existing homes and those built by Forecast
Homes in Moreno Valley.
5. Mr. Michael Damson, Cactus Flower, stated his opposition to the project
based on incompatibility.
6. Mr. Dwight Robb, La Quinta Vistas, stated his objection and fear that
what was happening to Quinterra would happen in his project. He felt
there must be an alternative to the smaller units being mixed with the
larger.
7. Mr. David Alpert, Acacia, stated his opposition to the project. He has
invested his life savings in his home and he had purchased a certain life
style by buying in the Acacia development. He further stated he was
losing equity due to the economy, why should the developer profit from
his misfortune.
8. Mr. Doug Phillips, attorney for Quinterra (Best, Best & Krieger),
reviewed the letter submitted by the property owner (Pti Merit Bank) on
behalf of Forecast Homes. He stated that even though the banks can't
afford to build a larger unit, the property owners can't afford to lose any
more equity in their homes. He went on to reiterate that the City Zoning
regulations stated that if a project was not in harmony or compatible with
the existing homes, then the Planning Commission was required to deny
the project.
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9. Mr. Lance Eldred, Topaz, stated his desire to see the City adopt a
protective ordinance on how to deal with this issue which will be repeated
in every unfinished tract. He did not feel there was a solution to the
problem and Forecast Homes should conform to the Zoning Ordinance.
The units did not fit.
10. Mr. Bruce Strickland, applicant, gave the Commission some comparison
figures relative to the surrounding tract house sizes. He stated he was not
changing the density of the area, and the units were compatible. He went
on to discuss the issues raised regarding the photograph display submitted
by Mr. Robertson. He further stated that no where in the Zoning
Ordinance does it state that a unit is incompatible due to size. He stated
that the City doesn't guarantee an investment to the property owners.
There were fundamental rights on both sides of this issue and the
Commission needed to address those issues.
11. There being no further public comment, Chairwoman Barrows asked the
Commission for their comments. Commissioner Abels stated the City was
in the process of refining its Zoning Ordinance and he felt it necessary to
deny the project at this time. He felt the issue needed to be resolved with
new City regulations. He stated the City was very much for growth, he
would like to see the tracts as they were originally planned.
12. Commissioner Ellson stated her agreement with keeping the tracts as they
are. She empathized with the homeowners as they are the City. She went
on to share what she felt was an average house size for the area.
Following discussion with the Commissioners it was felt that no more than
a 30% differential in house sizes should be allowed within an existing
tract.
13. Commissioner Marrs expressed his concern that a solution could not be
reached. He felt a builder should be able to build on his property. He
felt there was no reason why a decision on a minimum house size could
not be reached to bring the project in conformance with the existing
hOmes. Commissioners Ellson and Abels stated their agreement.
14. Chairwoman Barrows stated her agreement with the 30% differential on
the size of the homes to be built. She stated her empathy for both sides
and felt there needed to be a reasonable compromise on both sides.
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15. Commissioner Ellson stated the Zoning Ordinance did not address the size
of a home to be built within an existing tract. She felt the architectural
review within the existing tracts needed to address the existing homes
(i.e., CC & R's document).
16. Following an agreement between the Commissioners that the project
should be approved, Commissioners discussed with staff the Conditions
of Approval. Conditions were amended as follows:
a. Condition #13: block wall would be required for all fencing of
perimeter and interior walls.
b. Condition #15: Metal roll-up doors would be required for all
garages.
c. Condition #7: Plans for the 1,868 square foot unit or larger would
be required next to or adjacent to any existing units.
d. Condition 14: 18" overhangs would be required.
e. Condition 9: Gray roof tile would be deleted from the color
board.
f. Condition #16: The minimum house size would be 1,650 square
feet.
g. Condition 17: All additional house plans not already approved by
the Planning Commission would be resubmitted for Planning
Commission approval.
h. Condition #12: the use of River Rock and the new "red" brick
would not be allowed.
17. Following the discussion regarding the conditions, Commissioners
Abels/Man's moved to adopt Minute Motion 93-043 approving Tentative
Tract 23913, Phase II subject to the amended conditions as stated above.
Unanimously approved.
18. Planning Director Jerry Herman discussed with the Commission their
findings to base their approval on. They are as follows:
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a. The Conditions of Approval for Tract 23913 .grant the authority to
the Planning Commission for review and approval of the
architectural residential units proposed for construction within the
development.
b. The Planning Commission has reviewed and approved the
architectural residential style and size of the homes to be
constructed within the tract on December 11, 1990.
c. The development contains 116 lots of which 18 homes have been
constructed per the approved architectural residential style.
e. The proposed smaller residential units are not in harmony,
conformance, or compatible in size or architectural style with the
existing developed units or the units approved by the Planning
Commission.
f. The Planning Commission further finds that the minimum house
size shall be 1,650 square feet which is in harmony, conformance,
_ and is compatible with the existing development.
19. Commissioners Abels/Ellson moved to adopt Minute Motion 93-044
approving the findings as stated above. Unanimously approved.
20. The Commissioners asked staff to relay to the Council their request to
review the Zoning Ordinance as it relates to minimum house sizes to
include a stipulation that would protect homeowners within an existing
tract.
Chairwoman Barrows excused the Commission for a ten minute break. The Commission broke
at 9:25 P.M. and reconvened at 9:35 P.M.
B. Street Name Change 93-003; a request of La Quinta Golf Properties for approval
of a Resolution Intent to set a public hearing to consider a street name change
from Schwabacker Road to Quarry Lane.
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.
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2. There being no questions of staff, Commissioners Abels/Ellson moved to
adopt Resolution 93-034 approving the Resolution of Intent to set October
26, 1993, as the date for a public hearing on Street Name Change 93-003.
Unanimously approved.
C. General Plan Consistency Finding; a request of Coachella Valley Water District
for approval of General Plan consistency findings for water and sanitation projects
throughout the City.
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, Commissioners Ellson/Abels moved to
adopt Minute Motion 93-045 approving the proposed Coachella Valley
Water District projects as being in compliance with the La Quinta General
Plan. Unanimously approved.
VI. CONSENT CALENDAR
A. Commissioners Ellson asked that the minutes be amended on Page 6, Item #26,
the word "objection" should be changed to "opinion"; Page 3, Item #8, should
be "La Quinta Del Oro" not "La Quinta Del Rey". There being no further
corrections Commissioners Abels/Ellson moved and seconded a motion to
approve the Minutes of August 24, 1993 as corrected. Unanimously approved.
VII. OTHER- None
VIH. ADJOURNMENT
A motion was made and seconded by Commissioners Abels/Man's to adjourn this regular
meeting of the Planning Commission to a regular meeting of the Planning Commission on
September 28, 1993, at 7:00 P.M. at the La Quinta City Hall Council Chambers. This meeting
of the La Quinta Planning Commission was adjourned at 9:36 P.M., September 14, 1993.
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