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PCMIN 10 26 1999 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA October 26, 1999 7:00 P.M. I. CALL TO ORDER A. This reconvened meeting of the Planning Commission was called to order at 7:04 P.M. by Chairman Kirk. B. Present: Commissioners Richard Butler, Steve Robbins, Robert Tyler, and Chairman Tom Kirk. It ~as moved and seconded by Commissioner Robbins/Butler to excuse Commissioner Abels. Unanimously approved. C. Staffpresent: Jerry Herman, Community Development Director, 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 Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any corrections to the Minutes of October 12, 1999. Commissioner Robbins asked that Page 5, Item #17 be corrected to note who moved and seconded the motion; Page 6, Item 4 be corrected to read, "With regard to paying their fair share of the signal cost, it is their belief the fee should not be based on land rrlass."; and in addition he asked that verbiage be added that staff stated the misalignment of the streets was done intentionally. Commissioner Tyler noted this was alreads' on Page 12, Item #25. Commissioner Robbins suggested it be elaborated on. Commissioner Tyler asked that Page 3, Item 3 be amended to state that he asked "which lots on the south side would be allowed to have the split units" and "if the top floor level of the home would be at the top of the berm" and under ~4, "one or two units across from the existing community pool area will have a two foot retaining wall"; Page 9, Item 2 be amended to state "50 mph"; Page 10, Item 6 be changed to read, "Commissioner Tyler stated that the only restriction placed on this -- turning movement when previously approved by the City Council on February 16, 1993, was that it be reviewed one year later. Las Vistas Drive is a unique street because it is a collector street, as defined by the General Plan. It is the only north/south street that directly (or indirectly) connects Fred Waring Drive and Miles C:WIy Documents\WPDOCSXPC- 10-26-99.wpd Planning Commission Minutes October.26, 1999 Avenue, between Washington Street and Adams Street. There is no straight through collector street connecting Washington Street and Adams Street, so if the left mm- out movement is prohibited from Las Vistas Drive onto Fred Waring Drive, local residents would' have no where to go, except to divert to narrow, crowded residential streets. Thus, the mining movements from Las Vistas Drive onto Fred Waring Drive should remain full access, as it has been for the past ten years or so." There being no further changes, it was moved and seconded by Commissioners Tyler/Butler to approve the minutes as corrected. Unanimously approved. B. Department Report: None. V. PUBLIC HEARINGS: A. Environmental Assessment 99-382, Conditional Use Permit 99-044, Site Development Permit 99-655, and Tentative Parcel Map 29288; a request of Mark and Dorothy Hastings, First School of the Desert, for certification of a Mitigated Negative Declaration of Environmental Impact, approval of the preschool use within the Low Density Residential (RL) Zoning District~ approval of development plans for a single story preschool, and approval to subdivide 4.22 acres into two parcels and one lettered lot. 1. Chairman Kirk opened the public heating and asked for the staff report. Associate Planner Leslie Mouriquand presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked how high above grade the concrete wall on the east side would be. Staff stated it was a six foot wall. She was uncertain as to the height on the school side. 3. Commissioner Tyler asked if the houses backing up to the wall were one or two story homes. Staff stated one story. Commissioner Tyler asked staff if the issues raised in the letter submitted had been mitigated. Staff stated they had. Commissioner Tyler asked about the amount of light that would be coming from the lights. Staff stated the lights would be recessed with a flush lens. Commissioner Tyler stated that even though they were recessed, the houses to the east would still have glare. His concern was during the winter months when the lights would be on early, what time would they be turned off. Planning Manager Christine di Iorio stated there would be security lighting' on the building and there shouldn't be much spillage as they are shielded.. Commissioner Tyler stated that if no one is to be there, the lights could be tamed out and the security lighting should be closer to the building and not the shoebox lighting and the lighting should be mitigated further. C:\My Documents\WPDOCSXPC- 10-26-99.wpd 2 Planning Commission Minutes October 26, 1999 4. Commissioner Butler asked what the dotted lines were on the Parcel. Staff stated it was an existing 'CVWD easement. 5. Commissioner Robbins asked if staff had received any comments from CVWD. Staff stated a letter was received, but no specific comment were made. Commissioner Robins stated that if there were actual facilities at this location there are problems, but if they are only planned, there is no problem. The problem of the easement needs to be resolved to make the process go smoother. 6. Commissioner Robbins asked where the project would drain. Senior Engineer Steve Speer stated the drainage will be directed to the Quinterra tract retention basin. · 7. Commissioner Butler asked is there was a lot of dirt to be exported off this project. Staff stated it depends on how it is conditioned. Commissioner Butler asked what it would be in regard to the height of the wall. Staff stated they have set the grade, but have not calculated how much dirt will have to be removed. 8. Commissioner Robbins asked if a street had been cut off. Staff stated they are anticipating Parcel 2 will be subdivided and will have lots for single family homes with a cul-de-sac at the north end. The applicant was proposing to subdivide it for single family dwellings and has since made it a simpler application. The access would extend the street coming out of the Quinterra tract. This will allow the applicant to reduce his freeboard to one- half foot rather than having a mini-retention basin. 9. Commissioner Tyler stated the level of the street in the Quinterra tract is below the proposed site and may require some clever street designing. 10. Chairm,an Kirk asked if the applicant would like to address the Commission. Ms. Margo Williams, Mainiero Smith and Associates, representing the applicar~t, stated they were in agreement with all the Conditions of Approval. In regard to the issues raised, the height of the wall on the school side, adjacent to miles will be six feet going up to almost seven feet as you ~go north. They are trying to keep it at six feet height. 'They will be moving dirt easterly to balance on site. With respect to the lights, it is an architectural element and can be better addressed by applicant. The easement exists and when they conducted site investigation they found no facilities. They did receive a preliminary approval to relocate from CVWD. 11. Mr. Mark Hastings, owner of the preschool, stated he was available to answer any questions. As to the night time lights, they do not have any night time C:\My Documents\WPDOCSXPC- 10-26-99.wpd 3 Planning Commission Minutes October 26, 1999 uses for the playground. They will have recessed lights in the soffits which would have some indirect lighting coming off the building. The driveway is a concern as parents will be picking up their children. Therefore, the street lights will be on during pickup, but they would have no objection to having the lighV3 mined off at a designated time. Chairman Kirk suggested 9:00 p.m. 12. Ms. Eli~tbeth Lucas, P. O. Box 416, La Quinta, stated she was a concerned neighbor and asked if federal or public funds would be used. If so, it could change the neighborhood. She is also concerned that 126 kids seems like a lot of kids with a lot of noise. The neighborhood already has a small day care within the neighborhood and it is already noisy. She asked what the ages of the students would be and has any of staff been to any of the other schools and has it worked out in those communities. 13. Mr. John 44-625 Lago Drive, stated his concern was the amount of traffic. Since there are two additional middle schools planned on Dune Palms Road and the High School is directly down Adams Street there will be a lot of traffic coming onto Adams Street which could be hazardous to the neighbors " as well as the kids. He would also object to the noise. 14. There being no further discussion, Chairman Kirk closed the public hearing and opened the issue for Commission discussion. 15. Chairmfia Kirk asked Mr. Hastings to respond to the issues raised and added that the question of federal funding is not an issue of this Commission. Mr. Hastings stated they have done their best to mitigate all the concerns. As to the noise, 126 children sounds like a lot, but they are an academic facility that has classrooms with 12 students in each classroom. The concept of 126 playing on the playground cannot happen due to the curriculum. They will never have a large number of students on the playground at any one time. They have completed a noise study and found it to be compatible with the neighborhood. They are a private facility and do not receive fimds from anyone. They have been in located in the City of Palm Springs for 12 years and Cathedral City for 10 years. Both schools function under a conditional use permit and neither have had any problems. They have never had to be called back in for review. 16. Chairman Kirk asked about expansion. Mr. Hastings, stated they are licensed by the State of California and are built according to ratios. It would be impossible to expand based on State requirements. The age of the children starts at 18-months and goes to kindergarten. They operate f'~ve days a week with no weekend use. In Palm Springs a developer built a subdivision around their facility because of their school. They have done their homework to be sure they fit into the neighborhood. C:~ly Documents\WPDOCS\PC-10-26-99.wpd ' 4 Planning Commission Minutes October 26, 1999 17. Senior Engineer Steve Speer stated that when the City adopts a General Plan, the streets are designed to handle the traffic that the area is zoned for. This project does not overdo what the street is able to handle. Traffic is directed to be away from the intersection. 18. Commissioner Tyler asked if there was to be a left mm. Senior Engineer Steve Speer stated it has a full mm access. Associate Planner Leslie Mouriquand stated there was a noise study prepared and it did not recommend any mitigation measures except during the construction period. The noise study analyzed existing schools along with General Plan policies and they recommended no mitigation measures. 19. Commissioner Tyler stated he personally visited the other two facilities and found them to blend well with neighborhood as well as being extremely attractive. This choice of locations is also exdellent. On Page 22 of the checklist, the hours should be according to the building code. Page 25, Conditi6n ~4 of the staff report should be corrected. Page 30, Item 6(d) needs additional language added. 20. Commissioner Butler asked if a daycare was allowed in the neighborhood. Planning Manager Christine di Iorio stated the State allows anyone to have a day care of 0-8 children with no City approvals required. 21. Commissioner Robbins stated his only concern would have been noise, but as no one who will be directly affected by this project was in attendance, he is in favor of the project. 22. Chairman Kirk stated it is a nice project and would be a welcome neighbor. 23. There being no further discussion, it was moved and seconded by Commissioners Tyler/Butler to adopt Planning Commission Resolution 99- 074 recommending certification of a Mitigated Negative Declaration (Environmental Assessment 99-382) for Conditional Use Permit 99-044 and Site Development Permit 99-655, and Tentative Parcel Map 29288, subject to all mitigation measures. ROLL CALL: AYES: Commissioners Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: Commissioner Abels. 24. It was moved and seconded by Commissioners Robbins/Butler to adopt Planning Commission Resolution 99-075 approving Conditional Use Permit 99-044, subject to the Findings and Conditions of Approval as modified. a. Condition g4: "...Be used means beginning of substantial construction toward structures as allowed by this approval." C:LMy Documents\WPDOCSXPC- 10-26-99.wpd 5 Planning Commission Minutes October 26, 1999 b. Condition//7: Parking lighting shall be tamed off at 9:00 p.m.. ROLL CALL: AYES: Commissioners Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: Commissioner Abels. 25. It was moved and seconded by Commissioners Butler/Tyler to adopt · , Planning Commission Resolution 99-076 approving Site Development Permit 99-655, subject to the Findings and Conditions of Approval as amended. a. Condition//4: "...Be used means beginning of substantial construction toward structures as allowed by this approval." b. Condition//6.d.: "...down to 30 inches." ROLL CALL: AYES: Commissioners Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: Commissioner Abels. 26. It was moved and seconded by Commissioners Tyler/Robbins to adopt Planning Commission Resolution 99-077 approving Tentative Parcel Map 29288 subject to the Findings and Conditions of Approval as amended. ROLL CALL: AYES: Commissioners Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: Commissioner Abels. VI. BUSINESS ITEMS: None. VII. CORRESPONDENCE'AND WRITTEN MATERIAL: VIII. COMMISSIONER ITEMS: A. Commissioner Tyler gave a report on the City Council meeting of October 19, 1999. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners BUtler/Robbins to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission to be held November 9, 1999, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 7:54 P.M. on October 26, 1999. Respectfully submitted, BETTY J. SAWYER, Executi,qe Secretary City of La Quinta, California C:LMy Documents\WPDOCS~PC- 10-26-99.wpd 6