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PCMIN 02 11 1997 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, California February 11, 1997 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:04 P.M. by Chairman Abels who asked Commissioner Newkirk to lead the flag salute B. Chairman Abels requested the roll call: Present: Commissioners Butler, Gardner, Newkirk, Seaton, Tyler, Woodard, and Chairman Abels. C. Staff Present: Community Development Director Jerry Herman, City Attorney Dawn Honeywell, Senior Engineer Steve Speer, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. II. CONFIRMATION OF THE AGENDA - A. Staff asked that the agenda be amended to delete the approval of the Minutes of January 28, 1997. Unanimously approved. III. PUBLIC COMMENT: None IV. CONSENT CALENDAR A. Department Report: None V. PUBLIC HEARINGS A. Continued- Vesting Tentative Tract 78457 and Site Development Permit 96-593; a request ofEZ Okie (Mr. Roger Snellenberger) for approval of a subdivision of 33.1 acres into 116 single family and other lettered public streets and retention basin lots; and approval of house plans 1. Chairman Abels opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained within the staff report, a copy of which is on file in the Community Development Department. PC2-11-97 1 Planning Commission Meeting February I 1, 1997 2. Chairman Abels asked if there were any questions of staff. Commissioner Woodard asked if the applicant would be able to change his elevations based on market input. Staff stated that based on the requirements of a vesting tract, the applicant is required to build what is approved at the time of the application approval. City Attorney Dawn Honeywell stated they will have to stay with the approval as it is granted by the Planning Commission. If the Planning Commission conditions the tract to allow flexibility with the elevations at a later date, the tract would have that latitude. It depends on how it is presented and the Planning Commission approval. Should the Planning Commission allow the applicant this flexibility, they will need to be specific as to the guidelines for that approval to avoid confi~ion at a later date. 3. Commissioner Tyler stated that some of the plans call for a three car garage, but none are shown on the site plan; does that mean that the tract can only be approved with two car garages? City Attorney Dawn Honeywell stated it the Commission's approval contained the right to have the option then they would be able to offer the option. 4. Commissioner Woodard asked how the Commission could give the applicant the flexibility on plotting. 5. Commissioner Butler stated that in regards to the three-car garage issue, he suggested that the house plan (Plan 6) for 2700 square feet with the family room be required to have a three car garage so that if the garage were convened to a bedroom, they would have the three car garage. 6. Commissioner Woodard stated that on the site plan there appeared to be the same floor plan (Plan 4) side by side in the southwest comer. Staff stated that it appeared to be a Plan 4, but after reviewing the plans, one was a Plan 4 and the other a Plan 4A. 7. There being no further questions of staff, Chairman Abels asked if the applicant wished to address the Commission. Mr. Mike Smith, Warner Engineering, reviewed the changes that had been made since the last Commission meeting. He further stated they would like to have the option of building different elevations as the market demands. In reference to the secondary access, it may have been confusing due to the way it was presented, but Tract 24587 would be constructed first. At the completion of Tract 24588, a second access to the tract would be constructed. He went on to addressed the concerns raised by the Fire Marshal. There would be no homeowners' association as there were no amenities being provided that PC2-11-97 2 Planning Commission Meeting February 11, 1997 would require a homeowners' association. He went on to state that the perimeter landscaping and retention basin would be dedicated to the City. He noted that Section C of the Site Development Permit Resolution reference the house at 1,600 square feet and the actual square footage of the smallest house would be 1,595 square feet. 8. Commissioner Butler asked Mr. Smith to explain the access points into both tracts. Discussion followed regarding the ingress/egress for the tracts. In reference to the signal Mr. Smith asked it they could do a traffic study as they do not believe they should have to pay such a large portion of the costs as indicated by the City Engineer. 9. Commissioner Tyler stated that there was a condition that required the secondary access to be constructed after the completion of the 36th home; where was that access to be built. Mr. Smith stated this was an item that needed to be resolved as there were no openings that would allow this. Discussion followed as to possible locations. t_ 10. Commissioner Woodard asked if the access was an emergency or traffic issue. How did he intend to provide this access. Mr. Smith stated the second access was intended to be built after the completion of the first tract. 11. Commissioner Seaton asked where the Palm Royale access would exit onto. Mr. Smith stated at would eventually end at Washington Street. Commissioner Seaton asked when the commercial was planned to be developed. Staff stated that currently there were no plans for the site. 12. Chairman Abels stated there appeared to be a problem with the traffic onto Fred Waxing that needed to be resolved. Mr. Smith reviewed alternative access points. 13. Commissioner Woodard asked why Tract 28457 was being built first when the Palm Royale access was the primary access. Mr. Smith stated that would be up to the applicant. Mr. Roger Snellenberger, the applicant, stated they were building Tract 28457 first due to the costs involved with bringing the sewer to the site. He went to explain that the costs associated with the sewer, water, and street improvements were major expenses. If they could pick a location for a temporary street over to Fred Waxing Drive to alleviate the traffic pressure it would be very beneficial to them. To have to build the permanent street incurs a cost they cannot afford at this time. PC2-11-97 3 Planning Commission Meeting _ February 11, 1997 14. Community Development Director Jerry Herman stated that Condition//74 does not identify the secondary access, it only requires the road to be constructed for the Fire Department upon the completion of 36 homes. 15. Commissioner Tyler stated that Commission should not forget the traffic concerns in conjunction with all the other issues. 16. Commissioner Woodard asked if the access was a fire or traffic problem, as a fire problem is completely different than traffic congestion. Staff stated that the secondary access would become a permanent access at some point in the future when Tentative Tract 28458 is develeoped. There must be two permanent access points. They are currently planned off Palm Royale Drive as it goes northward with the other off Fred Waring Drive half way between Starlight Dunes and Palm Royale Drive. 17. Commissioner Woodard clarified that the first tract when completed, Fred Waring would be able to handle all the traffic as long as there is a secondary, temporary fire protection road. Staff clarified that the condition did not say temporary, but that they provide a secondary access for the Fire Department. Staff's concern was that when the General Plan designated Fred Waring's current street standard, it took into consideration the development of this area. If Fred Waring Drive was constructed to this standard, it would accommodate the traffic generated. The location of the access point is before the Commission and if there is a fight in/fight out with a left tam movement on Fred Waring Drive with a full signal access off Dune Palms, the Public Works Department has determined this to be adequate. 18. Commissioner Woodard asked when was it imperative that the secondary access be provided for the traffic only. Senior Engineer Steve Speer stated that there are a number of 40-acre tracts which have only one access or primary entrance to their tracts that-are adequate to handle the traffic. The Public Works Department therefore believes that the single access is adequate until the second phase is built. Discussion followed regarding the timing on the secondary access. 19. Commissioner Tyler asked what happens if the tract is not completed; what will happen to the second access. Senior Engineer Steve Speer stated that La Quinta Palms, Palm Royale, and others all have a single access. 20. Commissioner Gardner asked if the standards established for this tract are the same as those used for other tracts in La Quinta. Staff stated they are consistent. ' PC2-11-97 4 Planning Commission Meeting February il, 1997 21. Commissioner Tyler stated his confusion about when the secondary access would be provided. City Attorney Dawn Honeywell stated Condition//74 of the tract should be reworded and clarified that it is a fire access only and not a secondary access. 22. Mr. Snellenberger explained there is a sewer easement at the southwest comer and a temporary road could be installed there leading to Fred Waring Drive. It would be across from Vista Drive and would be for fire access only. 23. Commissioner Woodard stated he was a strong proponent of having as many accesses as possible and thanked him for the changes that had been made. He then asked how they would handle the plotting of the homes. Mr. Snellenberger stated he wold like to have some flexibility on the house plan, elevations, and garages. Would like to have the option to have more garages if there is a demand for them. 24. Commissioner Woodard asked if Mr. Snellenberger was willing to submit a plotting plan relative to the elevations. Mr. Snellenberger stated he would be willing to put into writing that no two elevations would be placed next to each other. 25. City Attorney Dawn Honeywell stated that there is no problem with allowing the option of having three car garages. There is a problem in some of the plans showing an optional fourth bedroom where the third car garage would be. If you strike the ability to have the optional bedroom in the optional-three car garage area this may allow the flexibility to have the larger garage. On the other issue of allowing more flexibility, the Commission may want to consider adding a condition that he would have the same flexibility as any other developer through the compatibility review. That makes it the same as any other tract. 26. Commissioner Butler questioned that in the three bedroom 2,700 square foot house, if the den was converted to a bedroom, then it is a four-bedroom house which causes the problem with the garage only being a two car garage. City Attorney Dawn Honeywell explained that the City Code would not allow this at the initial construction. Commissioner Butler stated that was true at the original construction, but the homeowner could make the conversion. City Attorney Dawn Honeywell stated the City did not draft the standards into the Zoning Code to allow the City to regulate what can be done after the house is sold. 27. Commissioner Butler asked if this issue could be discussed later in the meeting under Commissioner Items. PC2-11-97 5 Planning Commission Meeting February 11, 1997 28. Commissioner Woodard stated he was confused as to the requirements of the vesting map. At the previous meeting he understood that the Commission did not have the option of allowing the applicant any latitude regarding plotting. Now he is hearing that they can provide the option. City Attorney Dawn Honeywell stated that she would have to review the requirements of a vesting tract map to be precise on what can and cannot be done. There are certain State requirements that must be met. 29. Mr. Snellenberger stated that he has done several vesting maps and in every one the only concern has been the lots. Each has its area of concern that they want addressed, because the houses have to come back to the Commission for review. 30. Mr. Jim Snellenberger, 79-792 Iris Court, stated he has always chosen to live on a cul-de-sac as he has children. Most families prefer to live in a cul-de- sac. He would not be able to live in a community that requires homeowners' association dues. It is not an option for the average family. 31. Mr. Chris Kaiser, 79-065 Ocotillo, just bought a home in the Quinterra' development and she is happy with the home she bought. This tract is the type of home she would like to have in her neighborhood. 32. Mr. Wayne Rich, currently living Palm Springs, soon to be resident in La Quinta, and currently the sales person for the Quinterra homes stated it has been a popular tract as most of Mr. Snellenberger's homes are. Regarding homeowners' association, there is a trend to move away from them not only because of the money, but the politics and issues that accompany them. 33. Mr. Adrian Del Rio, 81-441 Dale Palm Avenue, Indio, has been a resident of the desert for ten years and has spent most of his time working in La Quinta and believes the project will create jobs for people of La Quinta as well as tax money. Mr. Snellenberger's projects are beautiful and live up to their quality of home. 34. Mr. June Watts, Avenida Amistad, has worked with Mr. Snellenberger on several of the signs for his projects on his signs and has always been impressed with his projects. This project is an enhancement to the Valley. 35. There being no further public comment, Chairman Abels closed the public hearing. PC2-11-97 6 Planning Commission Meeting February 11, 1997 36. Commissioner Seaton thanked the applicant for the changes that had been made to the tract. She was still concerned about the u'affic on Fred Waxing and would like to see it addressed. In addition, she was concerned about the schools and parks and would like to see another access road provided. 37. Commissioner Tyler stated he had three concerns about the project. He too thanked Mr. Snellenberger for the changes that had been made. His concerns were the absence of curvaralinear streets, lack of dedicated space for a park, secondary access, and concern about the use of an Italian name in a Valley that is Spanish. On Page 007 of the staff report, regarding park development, this project is over a mile away from the nearest park, and access to that park requires crossing over Fred Waxing Drive. It does not seem possible for children to get to the park. The applicant needs to meet his obligation by modifying the retention basin to make a family park on the perimeter. It would add to the development and they could capitalize on it. On Page 21 of the staff report, referenced should be made that the retention basin would be sized accordingly to the tract. Community Development Director Jerry Herman stated the underlying parcel map created the project site and the parcel map governs the drainage issue as it relates to this tract. Commissioner Tyler stated there were several areas in the conditions that refer to a gated community and/or homeowners' association and it needs to be made consistent. Some developments have nominal homeowners' association fees. Unless there is a homeowners' association, the CC&R do not have any validity. Plan 3 shows an optional bay for a bedroom or garage. If it is a bedroom it creates four bedrooms and only a two car garage. This needs to be resolved. On Page 60 of the staff report, the language regarding what tract is to the south needs to be corrected. He is also concerned about the school impact. At the last Commission meeting there was a discussion as to how soon the Palm Royale area may be developed; what happens if it never gets built or if the second tract never gets built? This needs to be answered before approving this tract. The temporary access for the Fire Department needs to be resolved as it is not fair to the residents. 38. Commissioner Woodard stated that most of his concerns had been addressed. The cul-de-sac lots are always the most favorable. Plans 2B and 2A at the comers of the cul-de-sac is a concern as the major portion of the yard is dedicated to the side yard and faces the bedrooms instead of to the living/family rooms. Mr. Smith stated this had been straighten out with staff. Commissioner Woodard stated this did not address all of the units orientation. He went on to describe which plans would still be affected. Discussion followed regarding what could be done' to solve the problem. The PC2-11-97 7 Planning Commission Meeting Febmary 11, 1997 lots need to accommodate the home. Second, on Plan 3 the rear elevation is one continuous gable, this may be objectionable to the neighbors behind. Plan 4 also needs an alternate elevation to be more sensitive to the property to the rear. Plan B has a hip roof and there should be a condition that requires the elevation for Plan 4A and the rear elevation of Plan 3A be modified to have hip roof instead of a gable. The legal aspects of a vested map need to be addressed at some point to allow the developer flexibility regarding his floor plans and elevations 39. City Attorney Dawn Honeywell stated the City requirements as they related to a vested map. The application would allow some flexibility if it can be fairly well defined. The compatibility process may allow this flexibility within the envelope of the Vesting Tract. Staff stated that the compatibility review requires the design to come to the Commission by virtue of a public hearing or business item whenever they want to make a change. The Commission would be able to review the changes at that time. Only those issues that can be opened during the compatibility review could be affected. The vested map would protect them against new conditions. 40. Commissioner Woodard stated that if the City's interest is to see that certain homes meet certain conditions, why is it to the City's advantage to change the floor plan as long as there is a preapproval by staff of those homes. City Attorney Dawn Honeywell sated that in reviewing the vesting tract map, the City requires that the details be submitted for the height, size and location of the proposed buildings be shown. This requirement of the application does not limit the Commission the ability to allow a certain amount of flexibility if it can be fairly well defined. This could be added to the conditions. 41. Commissioner Newkirk commended the applicant for the work he had done. Concerning the flexibility of the tract map, he too believed it should be afforded to the applicant. He was not as concerned about the secondary access, as the Fire Department will have a secondary access and they are meeting the requirements of the City. 42. Commissioner Butler stated that most of his issues had been resolved. Some of the issues raised by other Commissioners may not be able to be resolved without requiting the applicant to come back before the Commission. He was still concerned about the bedroom situation on Plan 3; when a bedroom from a garage conversion is allowed and causes a garage problem. He was still concerned about the amount of traffic on Fred Waxing Drive at the time of build out. At the time the right-in/fight-out issue is solved along with the second access will solve some of these problems. PC2-11-97 8 Planning Commission Meeting February 11, 1997 43. Commissioner Woodard stated that Plan 6 has the same problem. On Plan 3 the garage is an issue as well as the additional bedroom not having its own bathroom. 44. Commissioner Gardner commended the applicant on his patience. The conditions imposed on this traffic to resolve some of the traffic concerns is consistent with what other projects have been conditioned. Some of the traffic problems will be alleviated when Washington Street and Highway 111 are completed. With respect to the size of the house, don't know if a 2,700 square foot house is really large in today market, but the market will determine this. 45. Chairman Abels stated that the concerns raised regarding some of the conditions, need to be addressed. Need to keep in perspective what has taken place. Greatest concern is the traffic on Fred Waxing. 46. Community Development Director Jerry Herman stated that some of the issues raised by the Commission could be addressed by adding a new condition: a. Under miscellaneous: changes to the unit location, type, and size is permitted per the compatibility review process. Unit 3 and 6 cannot provide a bedroom option unless third car garage option is provided. If the additional bedroom is offered, there must be a three car garage. b. Units 4A and 3A provide deviation to the rear elevations subject to staff review and approval. c. Condition #74 would refer to a fire access. d. The access for Palm Royale Drive would be resolved during the public hearing for Tract 28457 under Condition 42.A.3, requiring the permanent access. e. The City has adopted a Park Master Plan and it does not identify a park in this area. Should the Commission want a park a private park could be required and it would be maintained by a homeowners' association and credits can be achieved as part of the Quimby provisions. Staff went on to explain the problems that the City had incurred due to Proposition 218, and this was why the applicant was being required to provide a homeowners' association to take care of the perimeter landscaping, etc., per Condition ~J3. Discussion followed as to the options. City Attorney Dawn Honeywell explained that due the passing of Proposition of 218, the City cannot impose any fees that are an increase without obtaining approval obtaining approval from the City's voters. PC2- I 1-97 9 Planning Commission Meeting February 11, 1997 47. Chairman Abels stated that it is important to have the homeowners' association if there is a retention basin. Staff asked if the Commission wanted to make it mandatory to have the applicant provide a homeowners' association. 48. Commissioner Woodard asked if the entrance landscaping would be maintained by the City. Staff stated that Condition #3 stated that the landscaping is to be maintained by the applicant unless he is able to get it into the City's Lighting and Landscaping District. Commissioner Woodard asked if there is no association, is the City's responsibility to maintain it. Discussion followed as to what landscaping could be the City's responsibility and what is the tract's. 49. Community Development Director Jerry Herman stated they could require the developer to maintain that portion from the back of curb to the wall. In addition, the homeowners' association could be required to maintain the retention basin and perimeter landscaping. Then there would be no need to join the Lighting and Landscaping District. Conditions #63, #64, and #67 would be modified to say that a homeowners' association shall be created and it would have the responsibility to maintain all landscaping. Condition 867, if they provide a private park, they can use Park Fees to construct that park and receive a credit or pay the parkland in-lieu fees. 50. Commissioner Gardner stated it sounds like the developer is being forced to develop a homeowners' association and it seems that anyone who buys a house is going to be charged a fee. How many people is this going to put out of the housing market. This appears to be unfair to this developer. Staff stated that this is the fa'st tract approval since the passing of Proposition 218 which took away the City's ability of adding to any lighting and landscaping costs. If a lighting district if formed, it may only cost each home $50 a month to maintain the streets. Should the developer form a homeowners' association, the cost should be the same. 51. Commissioner Tyler asked if the homeowners' association would be exempt from a Lighting and Landscaping District. City.Attorney Dawn Honeywell stated they would be exempt. This requirement should be a staff recommendation for every tract from this date forward. 52. Commissioner Woodard stated his concern that the rears yards of the lots in the cul-de-sac are oriented to be off the bedrooms. He would like a condition added to require that the cul-de-sac lots accommodate a different plan to addresses the rear yard orientation. PC2-11-97 10 Planning Commission Meeting Febmary 1 !, 1997 53. Commissioner Butler stated he did not feel it was fair to tell the applicant where or how, he can plot his lots. This is just adding more conditions to the developer. Commissioner Woodard stated it is the responsibility of the Commission to protect the home buyers. 20 of the lots are not responsive to the major portion of the yard. 54. Commissioner Gardner stated he understands Commissioner Woodard's concern, but what would this do to the energy calculations. Commissioner Woodard stated that most homes are flexible and can be plotted in any direction. It is not imposing anything on the developer. 55. Mr. Snellenberger stated he had no problem with what Commissioner Woodard was asking. 56. There being no further discussion, it was moved and seconded by Commissioners Butler/Newkirk to adopt Planning Commission Resolution 97-007 recommending to the City Council approval of EA 96-330 for Vesting Tentative Tract 28457 and Site Developmem Permit 96-593. ROLL CALL: AYES: Commissioners Butler, Gardner, Newkirk, Seaton, Tyler, Woodard, and Chairman Abels. NOES: None. ABSENT: None. ABSTAIN: None. 57. There being no further discussion, it was moved and seconded by Commissioners Bufler/Seaton to adopt Planning Commission Resolution 97- 008 recommending to the City Council Vesting Tentative Tract 28457, subject to the Findings and Conditions of Approval, as modified: a. Lots located within the cul-de-sac are to be reoriented and approved by staff b. Unit 4A and 5A are to be modified and approved by staff. c Units 3 and 6 may only offer a third car garage option and cannot provide the optional bedroom. d. Changes to the location, size, and elevation can be allowed through compatibility review process e. Conditions #63 and #67 to be modified. ROLL CALL: AYES: Commissioners Buffer, Gardner, Newkirk, Seaton, Tyler, Woodard, and Chairman Abels. NOES: None. ABSENT: None. ABSTAIN: None. PC2-11-97 11 Planning Commission Meeting February 11, 1997 58. There being no further discussion, it was moved and seconded by Commissioners Butler/Seaton to adopt Planning Commission Resolution 97- 009 recommending to the City Council approval of Site Development Permit 96-593, subject to the Findings and the Conditions of Approval, as modified: a. Section C of the Resolution to be changed from 1595 to 2700. ROLL CALL: AYES: Commissioners Butler, Gardner, Newkirk, Seaton, Tyler, Woodard, and Chairman Abels. NOES: None. ABSENT: None. ABSTAIN: None. B. Continued- Vesting Tentative Tract 98458 and Site Development Permit 96-594; a request of EZ Okie (Mr. Roger Snellenberger) for approval of a subdivision of 28.8 acres into 115 single family and other lettered public streets and well site lots; and approval of house plans 1. Chairman Abels opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained within the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Woodard asked if the rocks that are to be used for landscaping were gravel and if so, what is gravel. Staff stated it is allowed in areas undemeath the shrubbery. Chairman Abels recessed the public hearing at 9:54 and reconviened at 9:02 p.m. 3. Mr. Mike Smith, speaking for the applicant, stated he has no objection to the conditions as revised during the public hearing for Tract 29457, except the homeowners' association, but he realizes the impact of Proposition 218. 4. There being no further public comment, Chairman Abels closed 'the public hearing. 5. Commissioner Tyler asked ifthe problems of Tract 28457 apply here. Staff stated they did. Commissioner Tyler asked that Condition #7.C. be corrected. 6. Commissioners Seaton and Newkirk stated their concerns had been resolved in the discussions on the prior tract. 7. Commissioner Woodard asked if the second access was for traffic concerns and if other projects similar to this one, only have one access, why require the second access of this developer. If it is a necessary evil, when is it required PC2-l 1-97 12 Planning Commission Meeting February 11, 1997 to be constructed. Staff stated that Condition ~42.A.3. would be modified to require the access be added prior to the first building permit for the tract with the wording modified as needed. 8. Senior Engineer Steve Speer stated that the signal construction would not be required until it was warranted. As the conditions are currently written, the access for the second tract would be constructed upon the construction of the first house. Discussion followed as to what improvements would be required by the applicant. 10. Mr. Mike Smith, asked if the condition could read upon "occupancy" of the first house and not "construction of" to trigger the street improvements. In addition, the Fred Waring Drive construction be conditioned to coincide with the construction of the tract to the rear. Senior Engineer Steve Speer stated no. 11. There being no further public comment, the public hearing was closed. 12. There being no further discussion, it was moved and seconded by Commissioners Butler/Tyler to adopt Planning Commission Resolution 97- 010 recommending to the City Council approval of Environmental Assessment 96-331 for Vesting Tentative Tract 28458 and Site Development Permit 96-594. ROLL CALL: AYES: Commissioners Butler, Gardner, Newkirk, Seaton, Tyler, Woodard, and Chairman Abels. NOES: None. ABSENT: None. ABSTAIN: None. 13. There being no further discussion, it was moved and seconded by Commissioners Butler/Seaton to adopt Planning Commission Resolution 97- 011 recommending to the City Council approval of Vesting Tentative Tract 28458, subject to the Findings and Conditions of Approval, as modified: a. The elimination of one sentence and conditions regarding the homeowners' association c. Modification of Condition #74 to require a secondary fire access prior to issuance of building permit for the 36th house. d. Add condition to bring in compatibility review. ROLL CALL: AYES: Commissioners Butler, Gardner, Newkirk, Seaton, Tyler, Woodard, and Chairman Abels. NOES: None. ABSENT: None. ABSTAIN: None. PC2-11-97 13 Planning Commission Meeting February 11, 1997 14. There being no further discussion, it was moved and seconded' by Commissioners Butler/Seaton to adopt Planning Commission Resolution 9% 012 recommending to the City Council approval of Site Development Permit 96-594, subject to the Findings and the Conditions of Approval. a. Modification to Planning Commission Resolution Paragraph C regarding the house size and building elevations similar to those for Tract 28457. ROLL CALL: AYES: Commissioners Butler, Gardner, Newkirk, Seaton, Tyler, Woodard, and Chairman Abels. NOES: None. ABSENT: None. VI. BUSINESS ITEMS: A. Temporary Use Permit 96-177; a request of the La Quinta Arts Foundation for approval of a four day outdoor event (La Quinta Arts Festival) and sign program to be held at the Frances Hack Park on March 13-16, 1997, according to the provisions of the Zoning Ordinance. 1. Chairman Abels asked for the staff report. Community Development Director Jen'y Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. There being no further discussion, it was moved and seconded by Commissioners Gardner/Newkirk to adopt Minute Motion 97-001, approving Temporary Use Permit 96-127, subject to conditions. Unanimously approved. 3. Commissioner Tyler asked about the billboard at Highway 111 and Washington Street. Staff stated the sign had been approved with the permit process. VII. COMMISSIONERS ITEMS. A. Commissioner Gardner questioned how the Planning Commission of March 1 lth would be noticed. Following discussion, it was determined that as all Commissioners would be attending the League of California Cities Planners Institute March 11-14, 1997, the Planning Commission meeting of March 11, 1997 would be cancelled due to a lack of a quorum. If an emergency item needed to be heard, they would meet on March 10th. PC2-11-97 14 Planning Commission Meeting February 1 I, 1997 B. Commissioner Butler stated his concern about the Zoning Code not being specific regarding four bedrooms houses and three car garages and the possibility of a developer changing the extra room to a bedroom and having a 2-car garage. He asked if there was way to use square footage to create verbiage to prevent this and if it could this be added to the proposed changes? Discussion followed. Staff stated that in order to make a recommendation to the City Council a public hearing would have to be scheduled for the Planning Commission and the issues reheard. The original recommendation to Council cannot be changed. City Attorney Dawn Honeywell stated it was to late to make a formal recommendation to the City Council. Commissioners could speak at the Council public hearing and make a recommendation at that time. The City Attorney recommended staff agendize the subject for a future meeting. Staff asked if the Commission wanted it scheduled for a public hearing or discussion only? Staff would agendize the issue for Commissioner discussion. C. Commissioner Tyler presented a report on the City Council meeting of February 4, 1997. D. Chairman Abels informed the Commission about the interviews for the consultant to do the General Plan Update. Staff informed the Commission that the results of the interviews would be before the City Council for approval to enter into negotiations. VIII. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Butler/Tyler to adjourn this regular meeting of the Planning Commission to a meeting of February 25, 1997. This meeting of the Planning Commission was adjourned at 9:36 P.M. on February 1 l, 1997. PC2-11-97 15