Loading...
PCMIN 12 08 1998 MINUTES PLANNING COMMISSION MEETING regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA December 8, 1998 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 P.M. by Chairman Tyler who lead the flag salute. B. Chairman Tyler requested the roll call: Present: Commissioners Abels, Kirk, Robbins, and Chairman Tyler. It was moved and seconded by Commissioners Abe, Is/Kirk to excuse Commissioner Butler. Unanimously approved. C. Staff present: Community Development Director Jerry Herman, City Attorney Dawn Honeywell, Planning Manager Christine di Iorio, Senior Engineer Steve Speer, Principal Planners Stan Sawa and Fred Baker, Associate Planner Leslie Mouriquand, and Executive Secretary Betty Sawyer. II. 'PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Approved. IV. CONSENT ITEMS: A. Chairman Tyler asked if there were.any changes to the Minutes of November 24, 1998. Commissioner Robbins asked that the minutes be corrected on Page 12, Item 3 to correct the spelling of the word "wold" to "would"; and Page 18, under adjoumment to correct that Commissioner Abels did not second the motion as he was absent. Chairman Tyler asked that Page 13, Item 4 be corrected to correct the spelling of the word "inner-face" to "inter-face". There being no other correction, it was moved and seconded by Commissioners Abels/Robbins to approve the minutes as corrected. B. Department Report: None. -- VI. PUBLIC HEARINGS: A. Conditional Use Permit 98-042 a request of Garry Hopkins for approval of an extension of time for an unlit golf driving range and school within the Low Density Residential (RL) Zoning District. C:WIy Documents\WPDOCS\pc 12-8-98.wpd 1 Planning Commission Meeting December 8, 1998 1. Chairman Tyler opened the public hearing and asked for the staff report. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Tyler asked if there were any questions of staff. There being none, he asked staff to explain where at the west end of the site there are single family residences. Staff stated the residential units were to the south-west and northwest. 3. Chairman Tyler asked about the condition regarding screening. Staff stated the condition was to provide safety netting to be installed at the same time as the adjoining tract is developed. 4. There being no further questions of staff, Chairman Tyler asked if the applicant would like to address the Commission. Mr. Garry Hopkins, 45-995 Dune Palms Road, stated the only condition he questioned was the Dune Palms Road street improvements. If he had to meet all the conditions, it is not feasible for him to continue with the application as he could not afford to make the $40,000 worth of improvements. He went on to explain the operation of the business. He asked for relief from the Dune Palms Road street improvements. 5. Chairman Tyler asked if the improvements along Westward Ho Drive were a problem. Mr. Hopkins stated he understood the only requirement was for Dune Palms Road improvements. City Attorney Dawn Honeywell informed the applicant he was responsible for all the conditions and asked if he understood this was a requirement for both street improvements. 6. Senior Engineer Steve Speer stated'the process of reviewing each application does not require reviewing the depth of the applicant's "pockets". It is a difficult situation. City Attorney Dawn Honeywell stated the City does not have a provision that would allow waiving this condition. The applicant needs to make a request to the City for relief through the Redevelopment Agency or apply for a Development Agreement. 7. Commissioner Abels asked if this could be addressed during the time extension application. City Attorney Dawn Honeywell suggested a continuance be given to give the applicant time to investigate the options that are available to him for assistance. 8. Commissioner Robbins asked if the assessment district that is being proposed nearby could be of any assistance. City Attorney Dawn Honeywell stated this was a possibility, but would need to be looked into. Planning Commission Meeting December 8, 1998 9. Commissioner Abels stated his concern that if the applicant was forced to comply with the conditions, the City would be putting him out of business. He would suggest a continuance to allow the applicant time to look into his options. 10. Community Development Director Jerry Herman stated the original use was approved as a Temporary Use and since his ten year approval is expiring, this requires the street improvements to be completed. He went on to explain the options that were made available to the applicant. 11. Commissioner Kirk asked if the applicant had been required to meet these conditions when the application was first approved. Staff stated no as it was a Temporary Use approval at the time. 12. Chairman Tyler stated his concern was the cost of the improvements. Community Development Director explained the improvements were for sewer and water which are not street improvements. ___ 13. Commissioner Abels asked if these improvements could be included with the street improvements. Staff stated that was not known. Commissioner Abels asked if he could have a six months extension. 'Senior Engineer Steve Speer stated the Commission could change either number. City Attorney Dawn Honeywell stated you cannot have disparate treatment to people as they come before the Commission. Assistance and options are available to the applicant. 14. Commissioner Robbins asked if the City Council could waive this condition. City Attorney Dawn Honeywell stated no, they would have to enter into a development agreement which could allow the ability to alter some of the requirements and/or offer assistance. In order to make a change, you must have consistency with the General Plan. 15. Chairman Tyler asked if there was any other public participation. There being none, this portion of the public hearing was closed and opened for Commission discussion. 16. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abel to adopt Planning Commission Resolution 98-086 approving Conditional Use Permit 98-042, subject to the conditions as modified. a. Condition #8: The date was changed to June 1, 2002. b. The improvements shall be completed within four years of the City's approval of the Conditional Use Permit. C:XMy Documents\WPDOCS\pc 12-8-98.wpd 3 , Planning Commission Meeting December 8, 1998 ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. B. Site Development Permit 98-608. Amendment #1; a request .of KSL Land Corporation for approval and recommendation to the City Council for an Amendment to a previously approved Site Development Permit for the resort employee parking lot to delete Conditions #32 and #38 which pertain to construction and timing of Eisenhower Drive street improvements. 1. Chairman Tyler opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy. of which is on file in the Community Development Department. 2. Chairman Tyler asked if staff had a picture of the site. Staff explained where the parking lot was located and discussion followed regarding the current use of the site and the adjoining site. 3. Commissioner Robbins asked if landscaping would be added. Staff was still in the process of reviewing the landscaping plans, but a living fence was proposed and it would be heavily landscaped. 4. Chairman Tyler asked if this was to be a permanent use. Staff stated the applicant was wanting it to be permanent for the time being. 5. Chairman Tyler asked if the applicant would like to address the Commission. Mr. Chevis Hosea, speaking for the applicant, thanked staff for their help. He went on to state their objection to constructing a 12-foot retaining wall against Eisenhower Drive as it would be too costly. One of their objections was that the wall would encroach into the existing golf course. They have been. working with staff to make this a safe egress/ingress area. They will continue to work on a plan for alternatives to the location of the employee parking lot as well as maybe reconfiguring this area. In addition, they are working on a solution for temporary power access to light the parking lot. 6. Chairman Tyler asked if there was any other public participation. There being none, this portion of the public hearing was closed and opened for Commission discussion. 7. There being no further discussion, it was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 98-087 approving Site Development Permit 97-608, Amendment #1, subject to the conditions as recommended. Planning Commission Meeting December 8, 1998 ROLL CALL: AYES Commissioners Abels, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. C. Site Development Permit 98-636; a request of Innovative Resort Communities for compatibility approval for five new prototype plans from approximately 3,580 to 4,621 square feet in floor area for units approved within PGA West on Weiskopf, west of Winged Foot. 1. Chairman Tyler opened the public hearing and asked for the staff report Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. · 2. Chairman Tyler asked staff to explain Condition//6. Staff stated this was a request of the Architectural and Landscaping Review Committee. 3. Chairman Tyler asked if anyone else would like to speak on this item. There being none, Chairman Tyler closed this portion of the public hearing and opened the heating to Commission discussion. 4. There being no further discussion, it was moved and seconded by Commissioners Abels/Kirk to adopt Planning Commission Resolution 98- 088 approving Site Development Permit 98-636, subject to the Findings and Conditions of Approval as amended. a. Condition #7: A second facade for Plan 1-2 shall be submitted to the Community Development Department for approval. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, and Chairman Tyler. NOES; None. ABSENT: Butler. ABSTAIN None. D. Tract 26855 (Revised); a request of Brookfield California Land Holdings, Inc. for approval and recommendation to the City Council to create 95 single family residential lots and miscellaneous lots on 33.8 acres on the property east of Jefferson Street south of 50th Avenue. 1. Chairman Tyler opened the public heating and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff -- report, a copy of which is on file in the Community Development Department. Staff noted the changes to the conditions they were proposing. 2. Chairman Tyler asked if' there were any questions of staff. Commissioner Robbins asked staff to explain how Lot "K' is not a part. Staff explained the changes as proposed by the Public Works Department. C:\My Documents\WPDOCS\pc 12-8-98.wpd 5 planning Commission Meeting December 8, 1998 3. There being no further questions of staff, Chairman Tyler asked if the applicant would like to address the Commission. Mr. Chris Schultz, Keith International, representing the applicant Brookfield International, stated they had no objections to the conditions as submitted, or modified. 4. Chairman Tyler asked if anyone else would like to speak regarding this project. There being no further public comment, the public participation portion was closed and open for Commission discussion. 5. There being no further discussion, it was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 98-089 recommending to the City Council approval of Tentative Tract 26855 (Revised), subject to the findings and Conditions of Approval as modified. a. Condition #23(A): The percentage is 23.1%. b. Condition #23(B)' The percentage is 46.2%. c. Conditions #45(B), (C), and #80 are deleted. _ d. Condition #83 is added: "Common Lot "K" shall be designated as an "Undevelopable Open Space", unless it is merged with the contiguous property lying on its east or west side. It cannot be merged to Lot 45 of this tract. e. Condition #84 is added: Prior to final map approval, the north-south street that connects this tract with the adjacent tract to the south shall have the same name. f. Condition #85 is added: Prior to final map approval, the entrance street from Jefferson Street shall be named Pomello Drive. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, and Chairman Tyler. NOES; None. ABSENT: Commissioner Butler. ABSTAIN: None. E. Tentative Tract Map 23773. Extension #1; a request of Century-Crowell Communities for approval and recommendation to the City Council for a one year time extension for unrecorded Tract Phases 4-7 consisting of 77 single family lots on 20.95 acres. 1. Chairman Tyler opened the public hearing and asked for the staff report. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. C:\Mv Documents\WPDOCS\pc 12-8-98.wl~d 6 Planning Commission Meeting December 8, 1998 2. Chairman Tyler asked if there were any questions of staff. Commissioner Robbins asked if this tract had a prototype that contained a two story unit or loft. Staff stated a condition was contained in the Conditions of Approval for the'Site Development Permit for the Precise Plan approval. A condition could be added, but it is covered in the Site Development Permit Conditions of Approval. 3. Chairman Tyler stated the first sentence of Condition #60 had been overcome by events with the houses built by the previous developer. The remaining portion of the condition was intended to clear up the street naming. In addition, Orion Way should be added to the condition for consistency. Staff would add to the conditions that Orion Way be deleted and replaced with Orion Court. 4. Chairman Tyler asked if the applicant would like to address the Commission. Mr. Terrance Strong, of Century-Crowell Communities stated he was there on behalf of the property owners, and they concurred with the conditions as revised. 5. Chairman Tyler asked if anyone else would like to speak regarding this project. There being no further discussion, this portion of the public hearing was closed and open for Commission discussion. 6. There being no further discussion, it was moved and seconded by Commissioners Robbins/Kirk to adopt Planning Commission Resolution 98- 090 recommending to the City Council approval of Tentative Tract 23773 Extension #1, subject to the findings and Conditions of Approval as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, and Chairman Tyler. NOES; None. ABSENT: Commissioner Butler. ABSTAIN: None. F. ]Environmental Assessment 98-368 and Zoning Code Amendment 98-062; a request of the City for a recommendation to the City Council for Certification of Environmental .Assessment and approval of an Amendment to Chapter 9.140 - Hillside Conservation Regulations to allow fencing to mitigate environmental impacts as a permitted use. 1. Chairman Tyler opened the public hearing and asked for the staff report. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. C :hMy Documents\WPDOCS\pc 12-8-98.wpd 7 Planning Commission Meeting December 8, 1998 2. Chairman Tyler asked if there were any questions of staff. Commissioner Robbins asked staff to elaborate on what the Tradition developer's options were if the Commission decided not to approve the amendment. City Attorney Dawn Honeywell stated the Tradition project is not conditioned to build the fence. This request is part of their settlement with the Department of Fish and Game and United States Department of the Interior Fish and Wildlife Service. The City has no requirement contained in the Conditions of Approval for the fence. 3. Commissioner Kirk clarified that the applicant was required to ask the City for the amendment.' City Attorney Dawn Honeywell stated the City is the applicant due to the process to review the amendment. 4. Commissioner Kirk asked if denying the request would jeopardize the Tradition project. City Attorney Dawn Honeywell stated it was her understanding it would not. 5. Chairman Tyler asked if anyone would like to address the Commission. Mr. Forrest Haag stated he was .not representing any particular developer, but does have clients who have an interest in preserving the aesthetic quality of the hillside. Staff stated they had identified in the Environmental Assessment that any fencing could potentially have a negative aesthetic impact. 6. Chairman Tyler asked if anyone else would like to speak regarding this project. There being no further discussion, this portion of the public hearing was closed and open for Commission discussion. 7. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 98- 091 denying Zoning Code Amendment 98-062 recognizing the environmental concerns such as aesthetics and geology that were raised in the staff report. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, and Chairman Tyler. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. VI. BUSINESS ITEMS A. Site Development Permit 98-638; a request of Citrus Development, LLC. For compatibility approval of a new 4,408 square foot prototype residential trait for Tract 24890 within the Citrus Development. C:\Mv Docum ents\WPDOC S\t~c 1 ?,_lt-~98.wt~d 8 ---. Planning Commission Meeting December 8, 1998 .._a 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Tyler asked if anyone would like to speak on this application. There being none, it was moved and seconded by Commissioners Kirk/Abels to adopt Minute Motion 98-011 approving Site Development Permit 98-638, subject to the conditions as recommended. Unanimously approved. B. Minor Use Permit 98-104; a request of Robert Bein, William Frost and Associates for approval of a temporary tufted parking lot with 219 parking spaces for the Saint Francis of Assisi Catholic Church immediately south of 47-225 Washington Street. 1. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Tyler asked if the frontage road was awkward. Staff stated the City was reviewing the plan and did not want to address the road during the temporary use permit application. It would be addressed it as the time a permanent.use is submitted for approval. It will, however, be a right-in/fight- out access. 3. Chairman Tyler asked how long it would be temporary. Staff stated one year with a one year extension. 4. There being no further discussion, it was moved and. seconded by Commissioners Abels/Kirk to adopt Minute Motion 98-012 approving Minor Use Permit 98-104, subject to the conditions as submitted. Unanimously approved. C. Site Development Permit 98-634; a request of Rielly Homes, Inc. for approval of preliminary landscaping plans for six prototype residential plans and minor material changes. 1. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department.  2. There being no discussion, it was moved and seconded by Commissioners Robbins/Abels to adopt Minute Motion 98-013 approving Site Development Permit 98-634, subject to the conditions as submitted. Unanimously · approved. C :LMy Documents\WPDOCS\pc 12-8-98.wpd 9 Planning Commission Meeting December 8, 1998 VII. CORRESPONDENCE AND WRITTEN MATERIAL: A. Community Development Director Jerry Herman asked if any Commissioner intended to attend the Planning Commissioners Fonn'n. If so they would need to get their request in early. VIII. COMMISSIONER ITEMS A. Chairman Tyler gave a report on the City Council meeting of December 1, 1998. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Kirk to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission to be held January 12, 1999, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:38 P.M. on December 8, 1998.