PCMIN 10 28 1997 MINUTES
PLANNING COMMISSION MEETING
Regular meeting held at the La Quinta City Hall
78-495 Calle Tampico, La Quinta, Califomia
October 28, 1997
I. CALL TO ORDER
A. This meeting of the Planning Commission was called to order at 7:00 P.M. by
Chairman Butler who lead the flag salute.
B. Chairman Butler requested the roll call: Present: Commissioners Gardner, Kirk,
Seaton, Tyler, Woodard, and Chairman Butler. ~
C. It was moved and seconded by Commissioners Tyler/Woodard to excuse
Commissioner Abels. Unanimously approved.
D. Staff Present: Community Development Director Jerry Herman, City Attorney Dawn
Honeywell, Planning Manager Christine di Iorio, Senior Engineer Steve Speer,
Principal Planners Stan Sawa, Associate Planner Wallace Nesbit, and Executive
Secretary Betty Sawyer.
II. PUBLIC COMMENT: None
III. CONFIRMATION OF THE AGENDA:
A. Staff requested that Item B. under the Business Items be moved to Item A. It was
moved and seconded by Commissioners Tyler/Seaton to accept the agenda as
modified.
IV. CONSENT CALENDAR:
A. Chairman Butler asked ifthere were any changes to the Minutes of October 14, 1997.
Commissioner Seaton asked that the minutes be amended on Page 3, Item 11 to
correct the spelling of "liquefaction"; Page 18, Item 57, to correct the spelling of
"driving range" and "perpetuity". Commissioner Kirk asked that Page 15, Item 40
to correct the word "rectangle"; Page 21, Item 71 be amended to show that the
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October 28, 1997
sentence "Why are the poles needed to show where the ball is traveling?" was made
by Commissioner Woodard,'and the next sentence should read, "And noted lower
lights that would light the levels, would be sufficient."; Page 22, Item 73 the word
"Ordinance" should be added after "Dark Sky"; Page 23, Item 77 change the wording
to "photometric analysis". Commissioner Gardner asked that Page 3, Item 6 be
amended to read, "...which is 640 acres", Item 7 correct the spelling of"Bechtel",
Item 8, correct it to say, "...but the ultimate authority", Item 10 be corrected to state,
"...size of the original lots were."; Page 8, Item 7 should be changed to read "...what
the height limit ...". There being no other changes, it was moved and seconded by
Commissioners Tyler/Seaton to approve the minutes as amended. Unanimously
approved.
B. Chairman Butler asked if there was a Department Report. None.
V. PUBLIC HEARINGS:
A. CONTINUED - ENVIRONMENTAL ASSESSMENT 97-344. SPECIFIC PI JAN 97-
030. SITE DEVELOPMENT PERMIT 97-612. AND CONDITIONAIJ USE
PERMIT 97-035; a request of Thomas Bienek for certification of a Mitigated
Negative Declaration of Environmental Impact, approval of specific plan guidelines
and standard.s, approval of a site development permit application to allow
construction of a 12,546 square foot two story building with 80 tees for a golf driving
range, and a 1,000 square foot maintenance building, and approval of a conditional
us permit for a lighted golf range, at the northeast comer of Adams Street and 48th
Avenue.
1. Chairman Butler informed the Commission that a request had been received
from the applicant to continue this item to the next Commission meeting. It
was moved and seconded by Commissioners Kirk/Gardner to continue this
item to November 12, 1997. Unanimously approved.
VI. BUSINESS ITEMS:
A. Site Development Permit 96-590; a request of Lapis Energy Organization, Inc. for
approval of final landscaping plans for the southeast comer of Dune Palms Road and
Highway 111.
1. Associate Planner Wallace Nesbit presented the information contained in the
staff report, a copy of which is on file in the Commtmity Development
Depar[ment.
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2. Chairman Butler asked why the pedestrian walkway has been redesigned. It
appears to come to a dead end and then continues. Staff stated the only area
that was changed was where cars would be backing out into the walkway as
exhibited on the lower left comer and upper central right area of the exhibit.
It was the intent of the applicant to try and keep the walkway in the internal
landscape planter areas. Chairman Butler stated they were turning the
pedestrians loose in the parking lot. You don't want customers walking
behind the cars, but they appear to be directed off to nowhere. Is it a
sidewalk? Staff stated the applicant indicated it would be a sidewalk. The
intent was to get people to the restaurant, or other uses, from the auto repair
section without having to walk through the parking lot.
3. Corrmiissioner Woodard stated he was amazed to thihk people would follow
the walkway. It is a financial burden on the applicant as it has no rhyme or
reason. Staff stated the purpose is to provide an alternate pathway for
pedestrians. Commissioner Woodard stated he was opposed to the walkway
as designed. He asked if the plant material as shown on the tree shading plan
was to represent how it would look if planted today, or in the future. Staff
stated it represents a 15 year growth. Commissioner Woodard asked if the
shading was to protect the cars from the sun. Staff stated yes as well as the
sidewalk. Commissioner Woodard questioned that if it's purpose is to
provide shading for the cars, then 15 years from now the cars will never be
shaded. Discussion followed among the Commissioners as to what area
would be shaded.
4. Commissioner Tyler noted that the changes reflected on the plan were made
to meet the Zoning Code requirements. Commissioner Woodard stated that
even though they meet the Zoning Code, the Commission should not approve
it if it does not make any sense. Commissioner Tyler suggested he bring this
up during the Zoning Code revisions.
5. Comn~issioner Woodard questioned where the.cross sectional views were.
Staff explained where they were on the landscaping plans. Commissioner
Woodard asked why the berming was not being required on Highway 111 or
Dune Palms Road. Chairman Butler stated that the project had been
approved prior to the Highway 111 Guidelines being adopted. Staff stated
some of Commissioner Woodard's concems were contained in the conditions
for the project.
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October 28, 1997
6. Commissioner Woodard stated he understood this was the case for Highway
1 1 1, but he did not believe this was true for Dune Palms Road. Planning
Manager Christine di Iorio stated the proposed storage facility on Dune Palms
Road which was to have berming, is a different situation as it will be
changing. The applicant may accommodate the Commission's request to take
the retention basin out and proposes to place it near the south property line
on Dune Palms Road, for the storage area parcel only. Discussion followed
regarding the location of the retention basins.
7. Commissioner Woodard stated that in the modification to the cross section
of Dune Palms Road, the depressed area remains; why are they not required
to meet the landscaping requirements for Dune Paims Road? Staff stated
they were not required to do so according to the Zoning Code. The Zoning
Code is being updated to require this in the future.
8. Commissioner Woodard asked if the applicant was required to have building
undulation for the wall along Dune Palms Road as it was not shown on the
landscaping plans for the storage facility area. Associate Planner Wallace
Nesbit stated it originally did, but a second party had bought the parcel and
they would be submitting a new plan. Commissioner Woodard stated he
would like to have the proposed storage facility omitted from the approval
and not be approved as a part of this landscape plan.
9. Commissioner Woodard asked staff to confirm that the reason the applicant
was not being required to plant eight feet of landscaping on Highway 111 was
because their project was approved prior to the Highway 111 Guidelines.
Staff stated that was true.
10. Commissioner Tyler asked staff to clarify who the new owners were for
Parcel III and how this change in ownership would affect this approval. Staff
stated the new owner wants to increase the storage area to 93,000 square feet,
change some of the wall staggering, and reduce the landscaping for the
internal portion. They will be submitting an amendment to the specific plan
along with a site development permit.
11. Chairman Butler clarified that the Commission was only reviewing the
landscaping plans for Parcels I, II, and IV. Staff clarified that was true, but
the applicant was showing the entire area as they were responsible for the
entire length of Dune Palms Road.
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12. Mr. Dale Leopard, 78-223 Scarlett Court, La Quinta, representing Lapis
Energy Organization, asked if there were any questions he could answer.
Commissioner Woodard asked if Mr. Leopard had been working with staff
on the walkway plan. Mr. Leopard stated he and his landscape architect had
been working with staff on the plans for several weeks. He introduced the
landscape architect, Mr. Ron Gregory, 74-020 Alessandro Drive, Palm
Desert.
13. Commissioner Woodard asked Mr. Gregory to explain the sidewalk plan.
Mr. Gregory stated he had not been involved with the revised sidewalk plan.
Mr. John Gabbard, of Lapis Energy, stated he had roet with staff regarding
the circulation pattern and this was the result. Discussion followed regarding
the pedestrian circulation plan.
14. Commissioner Kirk asked Mr. Ron Gregory about the dwarf oleander shown
on the planting plan. He asked if they had the same problem, or disease, as
other oleanders. Mr. Gregory stated he had been told that the dwarfs are
starting to be afflicted, but he has not had a problem to date. Commissioner
Kirk asked if he had any idea what percentage of the dwarf could be affected.
Mr. Gregory stated he no idea. He would be willing to substitute a different
shrub, in the event they became a problem. Commissioner Kirk suggested
the shrubs be mixed with other plant material in the event that something
would occur.
15. Commissioner Tyler stated he would like to commend the applicant for trying
to embrace the objectives of the Highway 111 Guidelines even though the
Guidelines had been approved after their project had been approved.
16. Commissioner Kirk stated he supported the project with the change in the
plant materials. He would defer to Commissioner Woodard on the pedestrian
walkway plan. He asked if the applicant had any problem with the revised
pedestrian plan. Mr. Gabbard stated he had no concerns, they will
accommodate whatever the City requires.
17. Commissioner Gardner stated he had no information on the blight of the
oleander, but they obviously were susceptible to some diseases. He
commended the applicant on his willingness to mix the plant materials.
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October 28, 1997
18. Commissioner Woodard asked staff to clarify that the landscaping plan for
Dune Palms Road, next to the storage faclity, would come back to the
Commission for approval. Staff stated that if it was the Commission's desire
to have it come back as part of the storage submittal, then staff will condition'
this pioject to do so. If the Commission approves this plan, staff would
require the applicant to use the same designs as shown even if the buildings
were staggered. The applicant would have to incorporate this landscaping
plan into their design. Commissioner Woodard asked if the landscaping plan
along the .storage area, when it is resubmitted, will have to conform to the
new landscaping requirements. Staff stated it would depend on the zoning
amendments that are in affect and when the, project is submitted.
Commissioner Woodard asked that the landscaping along Dune Palms Road,
in front of the storage area, be deleted from this approval and be brought back
with the submittal for the storage facility parcel.
19. Commissioner Woodard asked staff to clarify the two walkways. He would
like to have it redesigned to make more sense and suggested the east pathway
leg be eliminated with the other leg kept.
20. Commissioner Seaton stated she would like to have the pedestrian walkway
redesigned.
21. Commissioner Tyler stated his concern was that they were approving
something that the applicant had not seen prior to tonight. He would like to
continue the pedestrian pathway.
22. Commissioner Kirk stated he was willing to recommend approval with staff's
recommendation, with the exclusion of Parcel 3, and the elimination of the
eastern leg of the walkway. Commissioner Woodard seconded the motion.
23. Commissioner Tyler asked Commissioner Kirk to identify portion of the plan
was the eastern portion of the walkway. He took exception with having to
approve something that is difficult to decipher. Discussion followed
regarding the pedestrian walkway.
24. Staff asked Commissioner Kirk if his motion included the reduction and
substitution of the oleanders. Maker of the motion and second agreed that it
did.
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--_ Planning Commission Meeting
October 28, 1997
25. Chairman Butler asked for clarification that the landscaping plans for Parcel
3 would come back to the Commission at a later date. Staff stated that was
true. Chairman Butler asked if the grading of Dune Palms Road would be
inhibited by not approving Parcel III at this time. Staff stated it would be all
right.
26. The motion passed with Commissioners Seaton and Tyler voting no and.
Commissioner Abels being absent.
B. Preliminary Review of Proposed Zonint, Code Amendments.
1. Planning Manager Christine di Iorio presented the information contained in
the staff report, a copy of which is on file in the Cc~'mmunity Development
Department.
2. Chairman Butler asked if there was any public comment.
3. Mr. Saleem Cobtee, 46-201 Washington Street, informed the Commission
that he was trying to apply for a temporary use permit for a temporary
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produce stand. In reviewing the regulations with staff it was suggested he ask
the Commission to extend the time limit to six months to coincide with the
growing season.
4. Mr. John Craig, 29706 Avenida De Real, Sun City, also wanted to address
regulations on temporary produce stands which currently limits the products
sold to only Coachella Valley grown produce. He had sent a letter to each of
the Commissioners offering alternatives to the regulations that would better
accommodate some produce growers and sellers.
5. Chairman Butler asked staff for direction on how these items were to be
discussed. Staff stated it would be best to discuss them as they go through
each item.
6. Chairman Butler asked staff to explain what was meant by "Coachella Valley
growrf'. Discussion followed as to the definition of "Coachella Valley
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7. Commissioner Woodard asked staff to explain the intent of this ordinance.
Is it to limit the competition. If so, can the City do this? City Attorney Dawn
Honeywell stated it was her concern that this may not be possible. What staff
is trying to do is get an understanding from the Commission before making
any changes. Commissioner Woodard asked for staff's recommendation.
Staff stated they were looking to the Commission for direction. City
Attorney Dawn Honeywell asked if the Commission was even concerned
with the limitation or should staff even consider this.
8. Chairman Butler stated he had no concern, unless the City had specific
complaints from local growers. Anyone has the right to sell anywhere in the
Valley. His concern would be with the time limitation. The City would not
want a temporary building on a piece of property fo~' six months.
9. Commissioner Woodard asked if there would be a structure. Staff stated it
is a structure that could be along the side of the road, or in a shopping center.
An applicant would apply to the City for a temporary use permit that would
be approved administratively once staff reviewed the plan. A criteria could
be added to allow staff to make a design review as well.
10. Commissioner Tyler stated the local markets bring produce in from all over
the world and yet we are restricting local sellers. Staff stated the produce and
flowers sold on the streets was to be restricted to the produce gown by the
property owner.
11. Commissioner Gardner stated he could not see a vegetable stand along
Highway 111. It would not compliment the viewscape along Highway 111 or
Jefferson Street. If it is to be unsightly, he would not be in favor of
approving it.
12. Commissioner Woodard suggested having an approval for three months and
then require the applicant to come back for review. Commissioner Gardner
stated he would have no objection if it was not on Highway 111.
13. Commissioner Kirk stated he too shared some of the concerns regarding this
as a zoning issue. He would suggest staff clarify some of the issues by taking
a look at design, duration, and location. Define the issue and give the
Commission some of the options. He also suggested talking with
neighboring jurisdictions to see how they have approached the issue.
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14. Commissioner Tyler asked Mr. Craig if his stand last year had been located
on Washington Street in front of a doctor's office. Mr. Craig stated it was.
Cormnissioner Tyler stated his stand had been set back off Washington Street
and was attractive.
15. Chairman Butler asked staff to come back with some suggestions. He also
asked staff to look into whether or not the competition with local markets was
any kind of an issue.
16. Commissioner Woodard asked that a design plan be submitted along with a
site plan and time limit.
17. Chairman Butler asked if there were any questions concerning the proposed
changes to the RVL zoning, increasing the minimum residence size from
1,400 to 2,000 square feet. No questions or issues were raised.
18. Chairman Butler asked if there were any questions or issues with the RC
·
Cove Residential District. Commissioner Woodard stated it should be
clarified what grade the wall was to be measured from. He did not believe
this would work for a wall enclosing a swimming pool. Staff stated they
would re-write the section to make it clear. Commissioner Woodard
suggested a diagram be included as well.
19. Chairman Butler asked if there were any questions or issues with the location
of swimming pool filters and/or heating equipment. Staff stated this section
would reference the Code section which defines screening. Commissioner
Tyler asked for clarification as to why staff was recommending a "0"
clearance from the building wall. Staff explained this was due to the pools
that go from the outside the house to the inside. Commissioner Tyler stated
he would prefer having this type of situation approved as an exception, not
just a blanket approval. Discussion followed regarding situations where this
could occur.
20. Commissioner Woodard asked staff to come back with more clarity of
thought regarding this issue. Chairman Butler agreed.
21. Comrriissioner Tyler stated he found the landscaping planting around the
equipment screening to be inadequate and would like to have landscape
screening option be deleted. Why was staff recommending moving it from
the sideyard. Staff stated it was to remove it from the bedroom areas and due
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Planning Commission Meeting
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to the lack of area to put it in and maintain three feet of side setback area as
well. Commissioner Tyler stated he would like to have a restriction added to
prohibit air conditioners in the sideyard.
22. Chairman Butler asked if there were any issues or questions concerning
employee housing. There were no issues or questions.
23. Chairman Butler asked if there were any questions or issues with
compfitibility review. Commissioner Woodard asked why custom home
subdivisions were not subject to the same criteria as a tract subdivision. City
Attorney Dawn Honeywell stated that when a person buys in a custom
subdivision, there is an assumption that there are.. no restrictions except
potential CC&R's that must be followed with respect to design options.
24. Chairman Butler asked if there were any questions conceming the screening
of parking areas. Commissioner Woodard asked that the wording be changed
to deal with 20-feet or less, as well Staff stated they would reword this
section to specify that the requirement is for 20-feet or less and will specify
walls or landscaping. Commissioner Woodard suggested it also stipulate that
the landscaping be fully grown when planted. Staff stated they have to
require landscaping with an anticipated growth period of time.
Commissioner Tyler questioned how this could apply to a piece of property
with an upward slope.
25. Chairman Butler asked if there were any questions concerning the use of
landscape setback for water retention. Chairman Butler asked staff for
clarification. Is it the intent of staff to do away with the retention of water
on the' street side of a project. Staff stated the intent was to have the water
retention on site. The desire is to have berming and landscaping on the
streetside and you can't have this if there is a retention basin. Chairman
Butler asked if this was for residential as well as commercial. Staff stated it
was intended for commercial.
26. Chairman Butler asked if there were any questions concerning visibility at
intersections. Commissioner Tyler stated it needs to be clarified as to what
the requirements are. As written it is difficult to understand. Staff stated they
would add an illustration.
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27. Chairman Butler asked if there were any questions conceming tree size
specifications. Commissioners expressed their desire to have it specified that
24-inch boxes with a calipher of 1.5 inches to 3.5 inches be required.
28. Chairman Butler asked if there were any questions concerning additional
architectural standards for residential development. Chairman Butler asked
what the time frame was to bring back recommendations. Commissioner
Woodard volunteered to work with staff.
29. Chairman Butler opened discussion on the requests submitted by the Building
Industry Association.
30. Mr. Marvin Roos, BIA Chairman of the Legislative Affairs Committee, stated
a letter had been written to the Commission regarding their issues. There
major concern was the requirement for a three car garage. It is their opinion
that this should be market driven. As written it has created hardships and is
unworkable in certain aspects. The rationale is that it is not a definitive need
to have bedrooms associated with parking. The standard in most
communities within the Coachella Valley and outside, is a two car garage.
La Quinta has not proven, nor provided, any studies that indicates that there
is an association between the number of bedrooms and the amount of parking
needed. Regarding the gates, the primary issue is the RV parking and an
ordinance specific to this problem has been adopted. Equipment that is
needed to build pools, etc., need a five foot wide gate to gain access.
Discussion followed regarding the reasons for having the five foot gate.
31. Mr. Dennis Cunningham, BIA member, local builder, and citizen of La
Quinta, stated the five foot wide gate does allow bobcats to get through.
Even though a lot of homes are built without pools, a large majority are added
later by the property owner. He went on to give a history on how this
problem came to be. In regard to three car garages, there is no data to support
the need for this requirement. Chairman Butler questioned that there is no
data to say that the BIA's point is right either. Discussion followed regarding
the pros and cons of three car garages.
32. Commissioner Kirk stated that from a point of aesthetics, three car garages
is not a good idea. Three car garages in a line on a street is not attractive. He
would rather see doors, windows, and articulation on the streetscape.
Designing communities around the automobile instead of design, is not to the
advantage of La Quinta. Discussion followed regarding the three car garages.
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Planning Commission Meeting
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33. Mr. Ed Kibbey stated he was at this meeting to plead fairness. In most areas
of the City the builders are not required to build a three car garage. It is
unfair to have this requirement placed only on the those who build in the
northern portion of La Quinta. It is unfair to financially burden these builders
and prospective property owners. If this is to be required, it should also be
required for the Cove area.
34. Commissioner Gardner stated it was the job of the Commission to look at the
problem from an aesthetics point of view, not the economics concerns.
35. Commissioner Tyler stated the reason three car garages were not required in
the Cove was because the size of the lots would not ~allow it. Regardless of
how the City came to this conclusion, it is his conviction that bedrooms beget
CarS.
36. Commissioner Seaton stated that where she lives they all have three car
garages and she is glad they do because of the number of children playing in
the neighborhood.
37. Chairman Butler read a letter from Mr. J. Art Valdez regarding a request to
revise the encroachment area into the front yard. Staff explained that Mr.
Valdez had applied for an encroachment into his frontyard to build a porch.
Chairman Butler would like to see this visually. Following discussion, it was
the consensus of the Commissioners that they would not want the change.
38. Mr. Dennis Cunningham stated another issue that is creating a difficulty is
the irregular lot. In a cul-de-sac you can have a knuckle lot that creates a
triang.ular back yard. In trying to configure a way to place the house on the
lot to meet the City's requirements, a problem has been created. He requests
the Commission address this issue. Commissioner Woodard stated he agreed
with his suggestion and would work with staff to prepare a solution for the
Commission.
38. Mr. Cunningham stated his last issue was the measuring of the front setback
from the architectural popout. Commissioner Woodard stated they usually
are from the bulk of the house. Staff would address the issue.
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VII. CORRESPONDENCE AND WRITTEN MATERIAL: None
VIII. COMMISSIONERS ITEMS:
A. Discussion regarding the landscaping at Home Depot.
B. Commissioner Woodard asked that the following items be added to the next agenda
for discussion:
1. Status of the used car lot. Staff stated they had met with Mr. Suitt, the
property owner, at the site and discussed what needed to be taken care of.
Mr. Suitt stated he would see that it is taken care of Within a week. If it is not
resolved, staff will take steps to revoke the permit.
2. Correspondence with Riverside County regarding a cooperative agreement
for the control of signs.
3. Discussion regarding the art piece at the comer of Washington Street and
Highway 111.
C. Commissioner Tyler gave a report of the City Council meeting of October 7, 1997.
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ADJOURNMENT:
There being no further business, it was moved and seconded by Commissioners Tyler/Seaton to
adjoum this regular meeting of the Planning Commission to an adjourned regular meeting of the
Planning Commission to be held on November 12, 1997, at 7:00 p.m. This meeting of the Planning
Commission was adjourned at 9:24 p.m. on October 28, 1997.
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