PCMIN 03 04 1997 MINUTES
PLANNING COMMISSION MEETING
regular adjourned meeting held at the 'La Quinta City Hall
78-495 Calle Tampico, La Quinta, California
March 4, 1997 10:00 A.M.
I. CALL TO ORDER
A. This meeting of the Planning Commission was called to order at 10:04 A.M. by
Chairman Abels who asked Principal Planner Stan Sawa to lead the flag salute
B. Chairman Abels requested the roll call: Present: Commissioners Butler, Gardner,
Newkirk, Seaton, Tyler, and Chairman Abels. It was moved and seconded by
Commissioners Newkirk/Gardner to excuse Commissioner Woodard. Unanimously
approved. Chairman Abels noted that Commissioner Butler would be late.
C. Staff present: City Attorney Dawn Honeywell, Planning Manager Christine di Iorio,
Senior Engineer Steve Speer, Principal Planner Start Sawa, Associate Planner Leslie
Mouriquand, and Executive Secretary Betty Sawyerl
II. CONFIRMATION OF THE AGENDA- Confirmed
III. PUBLIC COMMENT: None
IV. CONSENT CALENDAR: None
V. PUBLIC HEARINGS
A. Continued - Tentative Tract 28470. Envirot~mental Assessment 96-333. Chani, e of
7one 96-081. Conditional Use Permit 96-031. Site Development Permit 96-599. and
Certificate of Appropriateness 96-001; a request of Tradition Club Associates, LLC
for approVal of a Mitigated Negative Declaration of environmental impact; approval
of a change of zone to redesignate the zoning classification for the proposed golf
course from RL (low density residential) to GC (golf course); approval of a
conditional use permit to allow grading and construction of six residential lots and
tee boxes within higher slopes; approval of a tentative tract map to subdivide 746.6
acres into 241 single family homesites, 18-hole golf course, private street system and
_~ accessory lots; approval of a site development permit to allow the construction of a
clubhouse can barn, maintenance building, half-way house, main entry guard house,
and parking lot; and approval of a Certificate of Appropriateness to allow
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Planning Commission Meeting ._
March 4, 1997
modifications to the Hacienda del Gato and grounds as recommended by the Historic
Preservation Commission, for the property located at the south terminus of
Washington Street, east of Avenida Bermudas.
1. Chairman Abels informed everyone that the public hearing had been closed
and this meeting was for Commission discussion. He then asked if there was
a staff report. Planning Manager Christine di Iorio reviewed the changes that
had been requested by the applicant and staff as noted in the staff report, a
copy of which is on file in the Community Development Department.
2. Chairman Abels asked if there were any questions of staff. Commissioner
Tyler asked that the spelling of Frances Hack Lane be corrected.
3. Commissioner Gardner stated his confusion as to where the walls are to be
erected on the northern portion of the property. Associate Planner Leslie
Mouriquand explained the location of where the walls would be constructed.
Discussion followed regarding the walls.
4. Commissioner Tyler asked if there were any plans for the northwest comer.
Staff stated the applicant had no plans at the present time. -
5. Commissioner Gardner asked that with the number of homes that are
proposed to be built, are stows figures accurate for the projection for the year
2000. What is time frame of the project. Staff stated that as this is a custom
home development, and not a phased tract, it could have a ten to 20 year build
out.
6. Commissioner Gardner asked if the drainage had been readdressed by the
Public Works Department. He was concerned about the neighbors to the
northwest and northeast of the project handling the water runoff.
7. Mr. Mike Rowe, speaking for the applicant, stated the current retention basin
was designed to handle in access of what the 100-year storm would create.
The water that use to run in the storm channel along the south side of 52nd
Avenue will now be directed and stored onsite. This would eliminate any
off-site stormwater runoff.
8. Commissioner Gardner asked City Attorney Dawn Honeywell that in the
event none of these flood provisions work, who is legally responsible. City
Attorney Dawn Honeywell stated that when you have a custom lot division,
the approvals require all flood control measures to tie into the overall flood
control provisions. Senior Engineer Steve Speer stated that they are ~
providing for more than the 100-year storm, legally' the City is only to provide
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Planning Commission Meeting
March 4, 1997
for the 100-year storm. City Attorney Dawn Honeywell stated the City will
always be named in any suit, but we are only required to plan for the 100-year
flood. Commissioner Gardner asked if everyone within the project is taken
care of in regards to the flood control, what about those outside the
development. City Attorney Dawn Honeywell stated there are water laws
that allow the people up or down stream that have private rights of action. As
long as the City is meeting the acceptable Engineering standards for the 100-
year flood, there isn't much more the City can do. Senior Engineer Steve
Speer stated that this project is not creating any problems, it is actually a
solution to many of the problems of the Cove. The large retention basin were
constructed to handle the water nmoff from the mountains and the Cove.
This project will solve the problems for the east side of the Cove problems.
No water will leave the site according to the capacity of the basin constructed.
9. Commissioner Seaton stated she had listened to the tape to know what had
been said at the first meeting as she was absent. She complimented staff and
the applicant on the report. Her concerns are about the infringement into the
mountain conservancy area, the requested 22-foot height limit, and the wall
--- down Avenida Bermudas be attractive. Her main concern is the mountain
conservancy.
10. Commissioner Butler stated he had gone to the site to distinguish where the
six lots were to be constructed and to the best of his knowledge, they are at
the base of the slope and not in the hillside. However, there does appear to
be some grading in this area. Staff clarified that this grading, or disturbance
was done by CVWD as they were mining for rock or fill material to use in the
construction of the flood control facilities. Senior Engineer Steve Speer
clarified that there were two areas being discussed. One is the canyon area
and the area that has been graded for lots. The area in the alluvial fan area is
not graded but is scarred. The area at the south end of their project has been
graded, but this area is not where the six lots area proposed. Planning
Manager di Iorio clarified that the tee-box area proposed for the hillside, is
allowed by virtue of the conditional use permit.
11. Commissioner Tyler stated he had no concerns regarding the environmental
assessment or change of zone. Regarding the conditional use permit, the
resolution and the conditions needs to be corrected to include all the lots, as
well as Conditions #5 and #7. Planning Manager Christine di Iorio explained
that these are the lots that are in the hillside and the others lower are not in
the hillside and do not impact any of the natural areas outside of the scarred
area.
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Planning Commission Meeting
March 4, 1997
12. Commissioner Tyler asked if there shouldn't have restoration areas included
in Condition #7. Senior Engineer Steve Speer clarified that Condition #7 has
to do with the restoration area where it is not part of the pad or grading. The
lower areas will be graded and landscaped and will not be affected therefore
it is not included. Staff explained that the reason behind Condition #7 was
to consider the slopes at the rear of these lots. The other three lots in the fi'ont
could be added.
13. Commissioner Tyler asked about Condition #10 and the turnouts onto the
streets or driveways. Staff explained this was a verbatim condition from the
Fire Marshal and he called out driveways. Senior Engineer Steve Speer
explained that it apPlies to driveways and is not the street. There is one lot,
Lot 236, that could have a long driveway, but it will not be longer than 150-
feet. The remainder of the driveways have frontage onto the street.
14. Commissioner Tyler stated he did not understand how the hillside could be
restored to its natural condition. The Environmental Assessment stated that
the slopes between Lots 230, 231, and 232 on the lower road will be
landscaped. Depending on what type of landscaping is used, it could hide or
accentuate the cut area in the hillside. Need to see that the landscaping -
complies with the landscaping standards of the Code; is it necessary to have
a condition added to require this. Staff stated they would add a condition
stipulating compliance with Sections 9.110.070 and 9.140.040 for Hillside
Conservation Regulations.
15. Commissioner Tyler asked about Condition #54 of the Tentative Tract, as to
who was going to going to be responsible for maintaining the improvements
along Avenida Nuestm in light of the effects of Proposition 218; who is going
to maintain the parkway? Senior Engineer Steve Speer explained that the
landscaping conditions may seem erroneous on the surface, but 10-15 years
ago 52nd Avenue dissected this property. It was at the request of the owner
at that time to have 52nd Avenue moved to their north boundary of their
property. If they had constructed at that time, they would have had to build
and maintain both sides of 52nd Avenue. As 52nd Avenue was moved to the
north, staff did not feel they should maintain both sides. In regards to
Avenue Nuestra, the street is on the other side of their project wall and is not
adjacent to a street that they will be using. Staff is therefore suggesting the
City accept it for maintenance, and ask that it be planted with a hardscape
landscaping. A landscaping that requires little or no maintenance for the
north side of the wall on Avenida Nuestra. The applicant is required to
maintain both sides of 52nd Avenue perimeter landscaping but not the
median.
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Planning Commission Meeting
March 4, 1997
16. Commissioner Tyler asked about Condition 78 regarding the maximum pad
elevation being measured from the center of the building pad. The pads as
currently constructed are too high and should be returned to the original
requirements at the original height. He concurred with stows
recommendation in Condition #8. On Avenida Bermudas between Calle
Ensenada and Calle Nogales, there are two areas where the dirt has been piled
higher than the two feet berm. Staff stated they are temporary due to the
applicant's need to move dirt around on the site. The applicant has placed
some PVC on top of the berm to show how high the wall will be.
17. Commissioner Newkirk asked what control were being placed on the
applicant in regards to the lighting. Planning Manager Christine di I°rio
stated they will need to be in compliance with the Dark Sky Ordinance. Any
lighting for the tennis courts would require a minor use permit and the
lighting would be reviewed by staff for compliance with the Dark Sky
Ordinance.
18. Commissioner Tyler stated that at the last meeting, individuals asked if the
chainlink fence on Avenida Bermudas would cut prohibit the residents from
accessing the mountains. It was stated at that time, the access would remain.
Staff clarified that there is no public access across this private property to the
mountains. The public access to the public mountains is to the south of this
property. It will not be restricted unless the Bureau of Land Management or
other State agency does so. Commissioner Tyler asked how far the public
would have to go to reach the trail head. Staff stated there is no planned trail
head or access planned by this project, the mountainous areas within this
project, have been private ownership since 1902. The mountains to the south
are in public ownership and have always been accessible. There are no
formal trails at this time.
19. Commissioner Tyler asked where the proposed well site for CVWD was
planned to be. Mr. Rowe explained this is a process they will have to go
through with CVWD. They would like to propose a site in one of the areas
at the comer of Frances Hack and Avenida Bermudas if this is acceptable to
CVWD. At the present time they have not accepted any site.
20. Commissioner Tyler asked if the maintenance building was proposed to be
two story and also what the distance was between the clubhouse and the
tennis court, and the tennis court's proximity to the northern boundary and
the possible lights on the surrounding neighborhood. Staff explained the
maintenance building was a single story building and the one tennis court
would have to go through a minor use permit for which the lighting would be
reviewed by staff.
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Planning Commission Meeting
March 4, 1997
21. Commissioner Tyler asked about Condition ~45.B. relating to the emergency
access onto Avenida Bermudas and Frances Hack Lane. If the emergency
access is for emergencies, it should be restricted for that purpose only. He
further stated his concern about the proposed height of the clubhouse. Staff
explained that the building height is 28-feet and they are in conformance with
the City Code.
22. Commissioner Tyler stated that in regards to Lots 230 and 231 and the
Hillside Conservation zone, he would strongly oppose the intrusion of the
houses. He has no problem with the elevated tee pads. To preserve the
mountains in their pristine state, the Hillside Conservation Plan was adopted
in the La Quinta General Plan. However, somewhere along the way, some
uses were permitted in the hillside under certain conditions and one of those
uses was a single family residence. Therefore, it appears that the
Commission's hands were tied as the conditional use permit requires certain
findings be made before an application can be approved and it appears they
meet these findings. The first of those findings is consistency with the
General Plan. In Policy 4-1.2.1 of the General Plan states that development
shall be allowed to occur in open space areas, but only when in strict
compliance with the Hillside Conservation Zone Ordinance (HC). When
reading the Hillside Conservation Zone it states that the HC Overlay District
is established. Section 9.140.040 of the Zoning Code re-establishes the
regulations for the HC Overlay. Subsection C, states the permitted uses in
the HC district; Paragraph C.3. lists the permitted uses on alluvial fans with
slopes not to exceed 20%; Paragraph C.3.h. specifically lists single family
residences; Section J goes on to establish the minimum standards for the HC
Zone by stating, "...the maximum density shall be one residential dwelling for
ten acres. On a contiguous parcel, which includes areas both above and
below the 'toe of the slope', residential units may be clustered together below
the 'toe of the slope' to take advantage of buildable areas with lower slope
angles, provided the overall density for the parcel of one unit per ten acres is
not exceeded. Structures shall remain single family, separated, on individual
lots having an area of at least 20,000 square feet." According to his review
of this project, the six custom lots appear to meet or exceed this requirement.
The third requirement is compliance with the California Environmental
Quality Act (CEQA) and this entire project has been recommended to be in
compliance with CEQA. Finally, the surrounding uses shall not create
conditions or material that are detrimental to the public health, safety, or
general welfare, injurious to, or incompatible with, other lands or uses in this
vicinity. The only surrounding use is the balance of the project and this is not
a problem. Given free rein he would not approve the construction of the
homes in the HC Zone, but as the r~quirements for approving a conditional
use permit are found in the findings, and as they meet these requirements, it
appears there are no legal findings to deny this request.
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Planning Commission Meeting
March 4, 1997
23. Commissioner Seaton asked staff to clarify what areas will be affected by the
conditional use permit. Staff clarified it was only the six lots and the tee
boxes.
24. Commissioner Gardner asked if the six lots infringe too far into the hillside;
the tee boxes will not bother anything. There should be a way to design the
project without the six lots.
25. There being no further discussion, it was moved and seconded by
Commissioners Tyler/Butler to adopt Planning Commission Resolution 97-
017 recommending to the City Council certification of a Mitigated Negative
Declaration of Environmental Impact for Enviromental Assessment 96-333.
ROLL CALL: Commissioners Butler, Gardner, Newkirk, Seaton, Tyler, and
Chairman Abels. NOES: None. ABSENT: Commissioner Woodard.
ABSTAIN: None.
26. It was been moved and seconded by Commissioners Tyler/Gardner to adopt
Planning Commission Resolution 97-018 recommending to the City Council
approval of Change of Zone 96-081, according to the findings.
ROLL CALL: Commissioners Butler, Gardner, Newkirk, Seaton, Tyler, and
Chairman Abels. NOES: None. ABSENT: Commissioner Woodard.
ABSTAIN: None.
28. It has been moved and seconded by Commissioners Tyler/Seaton to adopt
Planning Commission Resolmion 97-019 recommending to the City Council
approval of Conditional Use Permit 96-031, subject to the findings and
conditions as amended below:
a, Adding Conditions #12 prohibiting the blasting; #13 restricts the
height of the buildings to 17-feet for the six lots under the conditional
use permit; #14 delineation of the lines restoration for the scarred
area; #15 the conditional use permit shall be in compliance with
Section 9.110.070 and 9.140.040 of the Zoning Code; and Condition
#7 include all lots- Lots 230, 231,232, 233,234, and 235, the streets,
and the golf tee boxes #17 and # 18.
ROLL CALL: Commissioners Butler, Newkirk, Tyler, and Chairman Abels. NOES:
Gardner and Seaton. ABSENT: Commissioner Woodard.
ABSTAIN: None.
27. Commissioner Gardner noted that his objection was only to the lots and not
the tee boxes.
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Planning Commission Meeting
March 4, 1997
28. It has been moved and seconded by Commissioners Butler/Seaton to adopt
Planning Commission Resolution 97-020 recommending to the City Council
approval of Tentative Tract 28470, subject to the findings and conditions as
amended and recommended by staff.
29. Senior Engineer Steve Speer explained the revisions to the conditions: # 7.H.
easement to build the drainage improvements and direct the water; #7.I.
emergency access easement; #13 allowing the lot line adjustment to occur 60-
days after the recordation of the tract; #22 street improvement being
reimbursed to the City prior to finalization of the map; #32 imposing the
requirement that they construct the drainage and take the water onto their site;
#44.C. requiring the building of the emergency accesses; g45.B, the same;
#45.D. regarding the mining movement on the access drive to their
maintenance yard restricted to a right-mm only; #78 regarding the height of
the pads along Avenida Bermudas be measured from the center of the lot;
#100 regarding compliance with the mitigation measures attached to the
Environmental Assessment; and #101 requiring qualified archaeological
monitor be on site.
ROLL CALL: Commissioners Butler, Gardner, Newkirk, Seaton, and Chairman
Abels. NOES: Tyler ABSENT: Commissioner Woodard.
ABSTAIN: None.
30. Commissioner Tyler stated he was voting no only because of Condition #78.
31. It has been moved and seconded by Commissioners Seaton/Newkirk to adopt
Planning Commission Resolution 97-021 recommending to the City Council
approval of Site Development Permit 96-599, subject to the findings and
conditions as amended:
a. Conditions #4 regarding compliance with the City's Source
Reduction and Recycling policies; #28 regarding meeting Title 24
energy requirements; #29 landscaping and irrigation compliance with
City's Water Efficient Landscaping Ordinance; #30 regarding
compliance with the mitigation measures of the Environmental
Assessment; and #31 stating that no signs had been approved.
ROLL CALL: Commissioners Butler, Gardner, Newkirk, Seaton, Tyler, and
Chairman Abels. NOES: None. ABSENT: Woodard. ABSTAIN:
None.
32. It has been moved and seconded by Commissioners Tyler/Gardner to adopt
Planning Commission Resolution 97-022 recommending to the City Council
approval of Certificate of Appropriateness 96-001, as recommended by staff
and as amended:
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Planning Commission Meeting
March 4, 1997
a. Conditions # 1 regarding the retention of the original eucalyptus trees;
#2 and #3 as recommended by the Historical Preservation; #4 clarify
the location of the trees to be retained as recommended by the
Historical Preservation Commission; and #5 as recommended by the
Historical Preservation Commission.
ROLL CALL: Commissioners Butler, Gardner, Newkirk, Seaton, Tyler, and
Chairman Abels. NOES: None. ABSENT: Woodard. ABSTAIN:
None.
33. Commissioner Tyler stated he was in favor of this project and it would be an
asset to the community and he was looking forward to its completion,
contrary to his many questions. Chairman Abels stated he too felt the project
would be an addition to the City.
VI. BUSINESS ITEMS:
None.
VII. COMMISSIONERS ITEMS. None
ADJOURNMENT:
There being no further busines.s, it was moved and seconded by Commissioners Gardner/Butler to
adjourn this regular meeting of the Planning Commission to an adjourned meeting to be held on
March 25, 1997. This meeting of the Planning Commission was adjourned at 11:43 A.M. on March
4, 1997.
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