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2000 11 28 PC Minutes-- MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA November 28, 2000 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 Robbins who asked Commissioner Kirk to lead the flag salute. B. Present: Commissioners Tom Kirk, Robert Tyler, and Chairman Robbins. It was moved and seconded by Commissioners Kirk/Tyler to excuse Commissioners Jacques Abels and Richard Butler. Unanimously approved. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney John Ramirez, Planning Manager Christine di Iorio, Senior Engineer Steve Speer, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: A. Chairman Robbins informed the Commission and public that the Specific Plan 94-025 Amendment #1, Parcel Map 28617, and Conditional Use Permit 99-047 for the Green property had been withdrawn and therefore was not agendized. It was moved and seconded by Commissioners Tyler/Kirk to confirm the agenda. Unanimously approved. IV. CONSENT ITEMS: A. Chairman Robbins asked if there were any corrections to the Minutes of November 14, 2000. Commissioner Kirk asked that Page 6, Item 8, correct the word "alleviate"; Item 10, corrected to read, "Commissioner Kirk restated Commissioner Tyler's question, could the Commission _._ condition the project to have only six pumps instead of eight."; Page 15, Item #4 corrected to read, "If this was a local bank, for example, would the applicant be allowed the same latitude ...... ""Staff stated he could request it if he has five or more branches. Commissioner Kirk stated his disagreement that national, or multi-tenant large companies get a G:\WPDOCS\PC 11-28-O0.wpd Planning Commission Minutes November 28, 2000 competitive advantage over small, or locally owned businesses." There being no further corrections, it was moved and seconded by Commissioners Kirk/Tyler to approve the minutes as corrected. B. Department Report: None. V. PUBLIC HEARINGS: A. Environmental Assessment 2000-402, General Plan Amendment 2000- 071, Zone Change 2000-069, Village Use Permit 2000-004; a request of Chapman Golf Development, LLC and the City of La Quinta for Certification of a Mitigated Negative Declaration of Environmental Impact and development plans for a 16,222 square foot restaurant to be located at the northeast and southwest corners of Avenue 52 and Desert Club Drive and the west side of Eisenhower Drive from Calle Tampico to Avenida Montezuma. 1. Commissioner Kirk withdrew from the dias due to a possible conflict of interest. 2. Staff informed the Commission that a request had been received by the applicant to continue this item. It was moved and seconded by Commissioners Tyler/Robbins to continue the application to December 12, 2000, as requested. Unanimously approved. B. Sign Application 93-197, Amendment //2; a request of Thane International to amend the Plaza Tampico Sign Program to allow tenants to use corporate sign colors and permit major second story tenants identification signs on building entry towers located at 78-140 and 78- 1 50 Calle Tampico (Plaza Tampico). 1. Chairman Robbins 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 Robbins asked if there were any questions of staff. Commissioner Tyler asked if staff had a. picture showing the location of the proposed signs as the exhibit on Attachment 4 does not appear to look like the facade of the building. G:\WPDOCS\PC 11-28-O0.wpd 2 -- Planning Commission Minutes November 28, 2000 3. Commissioner Kirk asked if the exhibit was a photo. Staff stated it was a xerox of a photo. Commissioner Kirk questioned that he thought the Housing Authority had a sign on the tower part of the as well. Staff stated that presently there are no signs on any of the towers above the parapet. The first floor tenant, the Housing Authority takes up the first floor and the Second floor would be allowed a second sign with approval of this request. Commissioner Kirk noted for the Commission that the exhibit was not a recent photo, or the Housing Authority sign had been removed. To update the Commission, there is a large Housing Authority sign above the first story on the tower element. 4. Chairman Robbins asked if the applicant would like to address the Commission. There being no one present, Chairman Robbins asked if anyone else wanted to speak regarding this project. There being no public comment, the public participation portion of the hearing was closed and open for Commission discussion. -- 5. Commissioner Kirk asked if other two story office buildings in the City, allowed second story tenants signs. Staff stated it is dependent upon the sign program. With the Bougainvillea building they were allowed second story signs under their sign program, otherwise the Zoning Code does not allow it. The Code allows it if the second floor has a walkway balcony off the street. Commissioner Kirk stated his concern for sign proliferation. This does seem to be appropriate for a major tenant, but having two signs on a tower element is generally not appropriate on an office building where the Commission tends to look for signage where there is access and restrict signage on second floor elements. He would hate to have this become a precedent. In addition, the signage on this building are not attractive as it is. There is signage on various locations on the building with very little consistency, therefore, in many ways he is reluctant to approve the request. 6. Commissioner Tyler stated there had been a lot of concern raised regarding second floor tenants of the Bougainvillea building because they were not going to have visibility. We are trying to be a "business friendly" City, they were allowed the second story -- signs. He agrees that exceptions have been made, but this tenant is a major contributor to the City and the signs are already a miXture. G:\WPDOCS\PC 11-28-O0.wpd 3 Planning Commission Minutes November 28, 2000 7. Commissioner Kirk stated that is where he is concerned. This is a significant business to the community, but that gets into concerns regarding whether they were allowing one thing for one company and not something for another. This is a value judgement that makes him nervous. Having one sign, whether Thane or Housing Authority, would be appropriate. The point with the Bougainvillea building was that there were going to be retail tenant on the second floor in a retail setting. Here it is an office complex where the sign does not denote a company where you would pull in to purchase something. He feels strongly that all businesses be treated equally and he does not think the rationale is strong to allow second floor signage on office buildings per the Zoning Code. 8. Chairman Robbins stated he shares both concerns. In this instance he believes the sign is appropriate. 9. Commissioner Kirk asked if Thane was leasing 100% of the second floor. Staff stated yes. Commissioner Kirk stated the sign program is written for any tenant with 50% of more occupancy. He would rather changed the sign program that if a tenant is leasing 100% of the second floor they can have one sign on the tower. It will not change the number of 'signs, but restricts the signage to only the large major tenants. 10. There being no further discussion, it was moved and seconded by Commissioners Tyler/Kirk to adopt Minute Motion 2000-021 approving Sign Application 93-197 Amendment #2, as amended: a. Second floor level tenants are not permitted exterior building signs, unless the business leases 100% of the upstairs floor area. Unanimously approved. C. Environmental Assessment 2000-407 and Tentative Tract Map 24197; a request of Century Crowell Communities for Certification of a Mitigated Negative Declaration of Environmental Impact and the subdivision of 63 +_ acres into 206 single family and other miscellaneous lots located generally on the west side of Jefferson Street, between Fred Waring Drive and Miles Avenue. G:\WPDOCS\PC 11-28-O0.wpd 4 Planning commission Minutes November 28, 2000 1. Chairman Robbins 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 Robbins asked if there were any questions of staff. Commissioner Kirk asked if staff had discussed with the applicant how the storm water retention would be retained if the City's park site was not allowed. Staff stated no. Commissioner Kirk asked if the traffic circulation on the three Arterial Streets was consistent with the circulation plan that was recently discussed in regard to local versus regional circulation. Senior Engineer Steve-Speer stated yes, with respect to the Arterial Streets they are not allowed to have a full turn movement on Fred Waring. It would lead to the potential of having a signal. The General Plan does not allow full .turning movement on Jefferson Street between Fred Waring Drive and Miles Avenue. They will have three of the four turning movements; a right turn in/right turn out, and left turn in. The only full turn movement is on Miles Avenue which matches up with the main entrance to the project on the south side and it will ultimately be signalized when warranted. Commissioner Kirk asked if a traffic generation model was prepared on this project. Staff stated no. Commissioner Kirk asked staff to identify potential traffic trip ins and trip beginnings, and where staff expected major flows to occur on this project. Staff stated people will take the shortest route to get where they are going. He went on to describe the different routes that could be taken. Commissioner Kirk asked staff to describe the traffic calming techniques that are proposed. Staff stated on public streets parking is allowed on both sides of the street. When the street is wide enough for parking it makes it inviting to speeding. On private streets they are allowed to be narrower with no parking on the street and leave it to the HOA to enforce it; The City therefore, tries to use different techniques to slow traffic down on the public streets. In this instance the City will be utilizing "chokers". The street is narrowed at the intersection and at the curb return, which is the radius, it is pushed out toward the center of the street to eliminate the parking at the intersection. In addition, the main street is curvilinear with 300 foot radius curves to encourage slower speeds. He went on to describe where the chokers would be constructed and where stop signs would be used. Commissioner Kirk asked if other traffic calming techniques such as humps or bumps were considered. Staff stated not at this time. There are other cities who have tried these and they have G:\WPDOCS\PC 11-28-00.wpd 5 Planning Commission Minutes November 28, 2000 found them to cause more problems than they solved and are now removing them. Commissioner Kirk asked if there was another way to provide alternative curb cut designs where we could provide narrow streets. Staff stated this will provide drainage problems and as this is the first time it has been done on a subdivision with public street, there is no policy in the General Plan to allow it. Therefore, staff has gone with the traffic calming techniques at this time. The City Council is updating the General Plan and some of these techniques may get more discussion during that process. Commissioner Kirk stated the City is looking at narrower streets in parts of the City on public streets with alternative curb cut designs, would it be appropriate to apply them here. Staff stated they come with problems. Narrowing streets does slow the traffic down and the cut outs for parking does cut down on some of the opportunities for parking and forces people to park in the pockets. Commissioner Kirk stated he was suggesting both options. Discussion followed on possible alternatives. 3. On the drainage basin Commissioner Kirk asked if there were alternatives to the use of turf for drainage basins as they do use a lot of water. Senior Engineer Steve Speer stated some agencies do not require the basins to be landscaped, but require them to be deeper and are not used by the public. The City wants to allow it to be used by the residents. They are designed to be a combination park/retention basin. Commissioner Kirk asked if the developer was being given credit for a park in the retention area. Staff stated the developer will either dedicate land or pay the Quimby fees. In this instance they are putting in the park. The City has tried other landscaping concepts in retention basin on an interim basis and shrubbery has been used with drip irrigation, but it becomes more expensive to maintain than the turf. You can also get erosion of the slopes. 4. Chairman Robbins asked who maintains the retention basin. Staff stated that prior to the adoption of Proposition 21 8, the City maintained them. Since the passage of Proposition 218, the burden is on the developer who in turn records a declaration and the property owners within that subdivision will pay into an escrow account for maintenance of the basin. The City has consistently required them to be turfed to have the park environment. G:\WPDOCS\PC 11-28-O0.wpd {~ Planning Commission Minutes November 28, 2000 5. Commissioner Tyler stated that in the Environmental Assessment discussion of the staff report, some concern was expressed about the proximity of the access point on Jefferson Street to the alleged entrance to Heritage Palms across the street in the City of Indio, and currently there is nothing but a block wall on the east side. Staff stated the commercial area is at the corner of Fred Waring Drive and Jefferson Street, not.at this location. Commissioner Tyler stated that with the turning restriction at this location, it is a non-issue. Staff stated that was correct, the well does go past this access making it no problem getting the left turn in at this location, provided the City of Indio agrees with the island. 6. Chairman Robbins asked if this had been coordinated with the City of Indio. Staff stated the City conditionally allows it, so it is up to the developer to approach the City of Indio to approve it. 7. Commissioner Tyler asked if it would be incorporated into the design plans for the widening of Jefferson Street. Staff stated it -- could be. Currently it is not. It is up to the developer. Commissioner Tyler stated the previous tentative tract map has expired, but his understanding was that the circulation pattern connect to Buttercup Lane? Staff. showed the aerial photo of the area and explained the street networking of all the associated tracts. Different streets have different priorities and serve different purposes. Fred Waring Drive, Jefferson Street, and Washington Street are Arterial Street and their primary purpose is to get people across a large area and this is why the City is tough on turning movements. In order to mitigate this, the City tries to internal circulation from one tract to another and not clutter up the Arterial Streets with signals. Commissioner Tyler stated he is concerned that when you stand on the eastern terminus of the existing Dandalion Street and look east, you look down 1 5-20 feet. Staff stated this was a property that could be developed at the time which created the high point at this location. Since this was the connection point for the sewer it caused the developer to go up hill to the high point. If this subdivision had waited to develop it could have been tied into this tract, but it did not happen that way which created the high differential which makes the street -- somewhat steep. It will create some large steps in the pads as they come down. It will be creating site viewshed restrictions for the new tract only. Discussion regarding retaining walls and perimeter walls. G:\WPDOCS\PC 11-28-O0.wpd Planning Commission Minutes November 28, 2000 8. Chairman Robbins asked if the applicant would like to address the Commission. Ms. Marty Butler, representing Century Crowell Communities asked if she could speak after the public comment. 9. Chairman Robbins asked if anyone else wanted to speak regarding this project. Mr. Donald Hay, 44-1 55 Goldenrod Circle, stated he has appreciated working with staff and it is well represented. They would express the same appreciation to Century Crowell Communities. When they were purchasing their home, they were trying find a family community and found it in Cactus Flower. They did ask the City what would happen to Buttercup Lane where it dead ended. They were told to expect meandering streets with very Iow traffic and not a major impact to the neighbors. Now what they are seeing is a dramatic change to what theY were told. He suggested that instead of Buttercup Lane being continued through and connecting with another street that will be a direct access to Fred Waring Drive or Jefferson Street, it could be redirected to meander around in the proposed development and not provide the direct access to the major Arterial. This is what they expected. He went on to explain how he thought the traffic circulation would be. Currently, there are two large retention basins on either side of Buttercup where it dead ends into the proposed tract. They are greatly used by the neighborhood children for play as well as for property owners with dogs. To have this street become a major street where these children are playing is terrifying. He asked if the choakers have been used successfully anywhere in La Quinta. Staff stated not in La Quinta. Mr. Hay stated he did not want to experiment on his children. There is too much traffic going by their park. Currently, there is no traffic on this road because it is a deadend. Century Crowell has told them they have no objection to changing this to a footpath or cul-de-sacs. In reviewing the proposed tract, there are ten cul-de-sacs. Why are there so many cul-de-sacs instead of connecting the streets together. The Planning Commission should not support this project. They are perfectly happy not having this access opened. They are not willing to have an experimentation used to slow traffic down in his neighborhood. 10. Commissioner Kirk asked staff if meandering streets were used as suggested by Mr. Hay would there be more or less traffic into the existing neighborhoods. Staff stated the purpose is to create a circuitous pattern without making it too tortured and run it by too many homes. The more circuitous you make it, the more homes G:\WPDOCS\PC 11-28-O0,wpd 8 -- Planning Commission Minutes November 28, 2000 you run the traffic by. Commissioner Kirk stated then that circuitous could be positive for the existing development or it may be detrimental. Staff stated that if you make it circuitous so that you never want to use it, would help the existing development, but it would be an advantage to others. Discussion followed' regarding alternative street designs. Senior Engineer Steve Speer stated the City has done curb pop outs at the gated community on 48th Avenue and the City does not believe it is experimenting. Although it is the first time in La Quinta, it is widely used all over the country. Traffic calming methods are being given a lot of attention over the last decade. Community Development Director showed the previously approved tract that had expired but showed the traffic circulation pattern that connects to Buttercup Lane and meandered through the project similar to the proposed tract. 11. Commissioner Tyler asked how many homes were proposed. Staff stated 240 homes, but the ten acres of commercial was removed from the proposed tract. Mr. Hay noted the park moved rather -- dramatically where it benefitted more Cactus Flower residents where now it benefits the property values of Century Homes so that it keeps the homes further away from the new commercial area. 1 2. Mr. John Johnson, 79-590 Marigold, stated he donated his time to Mr. Hay. 13. Ms. Michele Baker, 44-150 Goldenrod Circle, stated she has been here ten ears and the busiest day of the week is Thursday, because it is trash pick up, pool cleaners and gardeners arrive, and Schwan delivers. On Miles Avenue they have two new schools ,. being constructed. This will create a lot of traffic using Buttercup Lane so they do not get caught up in the school traffic. She does not believe anyone has thought about the amount of activity that is being created. She does not want speed bumps, stop signs, or any other method of traffic deterrent. She only wants the street blocked off. 14. Mr. Brad Phoenix, 44-120 Goldenrod Circle, stated the method of -- squeezing the streets is not going to work. At Las Vistas and Fred Waring Drive there was a right turn only.and it created a problem because everyone ignored it and turn left anyway. Currently on Miles Avenue and Coldbrook Lane you have the same problem. The traffic flow for the proposed tract with right turns will not G:\WPDOCS\PC 11-28-O0.wpd ~) Planning Commission Minutes ._ November 28, 2000 work because people will not follow them. This area was not designed to handle the traffic from the 206 homes. The fire department stated their response time is 8-1 0 minutes and this is unacceptable. The lots are smaller and there are six homes where other tracts in this area only have five creating a "Cove-like" environment. Discussion followed about setbacks. 1 5. Mr. Tom Huebner, 44-215 Goldenrod Circle, stated Desert Club Estates at Washington Street and Calle Tampico had a similar issue with La Quinta Fairways, and the City found a way to prevent this from happening. He does not want the additional traffic. He has no objection to coming back out to Dune Palms Road to go where he needs to go. He has no opposition to the development, his only concern is the safety of their children. 16. Ms. Nancy Kelly, 44-345 Willow Circle, stated they bought their home in this location because it was a nice quiet neighborhood. They are not opposed to the new project, but does not see how traffic coming from these homes will benefit anyone in their area. They will have to deal with all the additional traffic. No one who drives a car drives the 25 mph speed limit. 1 7. Mr. Carlo Lombardelli, 44-430 Buttercup Lane, stated he concurs with what has been stated. 18. Mr. Jim Snellenberger, 79-720 Iris Circle, stated currently, there is a problem at the intersection of Buttercup Lane and Blazing Star. That needs to be addressed before whether any development takes place. He concurred with staff that if the traffic was redirected it, could solve this problem. 1 9. Mr. Bruce Kay, 79-710 Iris Court, stated he was opposed to the whole plan because we are losing our desert to tract development. We are not considering the development of La Quinta with the development of these little houses. Now a school is going to be built on Dune Palms Road. He does not see why this property including the commercial portion, could not be a wonderful Golden State Park. The City needs a beautiful park which would give it aesthetic quality. G:\WPDOCS\PC 11-28-O0.wpd ] 0 Planning Commission Minutes November 28, 2000 20. Ms. Anne Kinstle, 79-685 Buttercup Lane, stated she lives at the corner and on numerous occasions while backing out of her garage, someone is flying around the corner. The corner is cut constantly and is really dangerous. To add another 500 homes going past her house is a nightmare. 21. Mr. George Fercana, Jr., 44-030 Sweet Bush Lane, stated he is totally opposed to this project. First we need to think of all the kids who ride the bus and walk home on that street. There are some many children who play in the area of Buttercup Lane and the grassy hills of the retention basin. With the road open to through traffic it would eventually lead to casualties. He plays there all the time with his friends and cars and kids do not mix. There are just too many speeding cars going by in this area. He fears for all the kids who play and live in the area. 22. Mr. F. Patrick Sheridan, 44-585 Blazing Star Trail, asked why some of the cul-de-sacs going east and west can not be opened to Jefferson Street and another road leading out to Miles Avenue and another road to Fred Waring Drive creating more street access. He had an occasion to call the paramedics and it took 20 minutes to find the house because they could not find their way to the house because there is one way in and out. A little more access is needed and should be considered. With the response time of the Paramedics and Fire Department, 20 minutes is too long; there needs to be another Fire station in this area of La Quinta. 23. Mr. Henry Schwartz, 44-030 Dalea Circle, emphasized on the number of children playing on these streets. Cars and kids do not mix. If this thoroughfare is added it is only a matter of time before there is an accident. At night there is not a lot of lighting and when events such as Halloween come, kids are all over the streets and poses a hazard. Therefore, no connection shoUld be made between the two tracts. 24. Mr. Jim Moran, 44-030 Mariposa Court, stated they have lived in Cactus Flower for eight years and everyone should be asking what was the original intent of Blazing Star and Buttecup Lane. How many homes were intended to serve. What is the effect if another 200 homes are added. Need to look for solutions based on the original intent of Blazing Star. We need to look at the safety of G:\WPDOCS\PC 11-28-O0.wpd ] ! Planning Commission Minutes - November 28, 2000 the children and the intent of what that street was made to serve when the original neighborhood was built. He is concerned about his children and the traffic flow. The City needs to look at full access onto. Fred Waring Drive. Signals are not always the solution to slow traffic down, but at Las Vistas and Fred Waring Drive there is access and that is what needs to happen here. 25. Mr. Randy Emerson, 44-180 Dalea Circle, stated he and his wife purchased their home because they liked the self containment of Cactus Flower. They liked the wide streets and no through traffic. Once the construction starts and the homes are sold, most of those 206 homes will have two cars or a total of 41 2 cars. To increase that amount of traffic into their development, when there is no free access onto Fred Waring Drive or Jefferson Street, that leave only Miles Avenue. That creates his concern that his only street, which is Blazing Start, which has full access onto Dune Palms Road, will have a signal. Then more and more signals. Cactus Flower is not street lighted and the only light is from the homes themselves. As a contained community this is fine, but.if opened up to more and more traffic, it could be unsafe. 26. Mr. David Sasaro, 44-245 Sweet Bush Lane. asked if it was true that Century, owner of the project, had a problem with closing the street. Chairman Robbins stated the developer would address this when she spoke. 27. Mr. Frank Saha 44-065 Calico Circle, stated that on his cul-de-sac there are 20 kids under the age of ten, five or six dogs, and four or five different cats. He likes his community as it is now. When he leaves in the morning people are taking their daily walks in and out of the cul-de-sacs, not afraid of traffic. Obviously he is opposed to the opening of this street and he is sure something else can be worked out. No one currently lives there now and they was there first. They should be given preference. 28. Ms. Dena Langhorn, 44-245 Goldenrod Circle, stated this will affect her directly as she lives at the corner of Goldenrod Circle and Buttercup Lane. She does not have children, but watches them day and night playing in the park in front of her home and one of her favorite things to do is to sit and watch them play. She cringes at the thought of having more traffic. She hopes something can be done to solve this problem before something happens where we will have to work defensively instead of proactively. G:\WPDOCS\PC 11-28-O0.wpd ]2 Planning Commission Minutes November 28, 2000 29. Mr. Paul .Lord, 44-240 Calico Circle, stated there are a lot of children and everyone likes to watch them play. Another issue for him is that his wife suffered a stroke and part of her therapy is to walk. She walks slowly, very slowly and if this is put through it will confine their walking to their own circle. 30. Mr. Ray Kelley, 44-345 Willow Circle., stated the number of cul-de- sacs in the proposed development is overwhelming. It seems the Cactus Flower development is having to sacriface some of their privacy and some of the traffic because this development wants private cul-de-sacs. Maybe the percentage of accesses per the number of homes be equal to the new development. It appears they are having to supply ways for these people to get out. With the stop lights, it is a concern to some of the people that it will hold up traffic. If traffic lights were added to free up some of traffic on these streets and timed at a certain speed, may it would help. 31. Ms. Courtney Mains, 44-030 Dalea Circle, stated that if this is allowed she will not be able to play with her friends as she will not be able to cross the streets. 32. Ms. Marty Butler, representing Century Crowell Communities, stated she was very involved with the development of Cactus Flower and she is very proud to see these people who are now living in this development. They have worked with their engineers and City staff and are wiling to construct this street through and will defer to City's staff and their engineers for their guidance. Other than this issue, their concerns are Condition //63. This condition requires a traffic signal on Miles Avenue for there exit onto this street. Her concern is that they have been in contact with the City of Indio and they do not intent to require the developer on the east side of Jefferson Street to pay any funds to construct a traffic signal at this location. As there will be a median she would want to propose there be either a right turn only and have the median block the turning movements to the left, or stipulate in the condition that the signalization would as warranted if the City of Indio is interested. Condition #53A.i, is a concern because this condition requires them to pay a cash fee for the outer 20 feet of pavement, curb, and gutter. Again, the developer to the east has been conditioned in a different format where if the Project is not done within a two year period, he is responsible for his lane. She was hoping to have a similar condition. She has met G:\WPDOCS\PC 11-28-00.wpd ] :~ Planning Commission Minutes November 28, 2000 with staff a number of times to ascertain their costs and both of these conditions were not considered nor were they budgeted. The signal would cost $80,000 and the lane of pavement would be $80,000. 33. Commissioner Kirk asked if they are not able to use the retention basin as a park site, what will they do for retention. Ms. Butler stated they do not need to use the park site for retention as the retention basin is adequate. Staff had no objection. 34. There being no further public comment, the public participation portion of the hearing was closed and open for Commission discussion. 35. Commissioner Kirk stated the points raised are good and valid. He was particularly interested by the comment that the original intent here was for the through streets. This development would be linked with nearby developments within this section of property. With that in mind we need to meet the original intent and in fact connect these developments together. At the same time, it has to be done in a way that is sensitive to the existing property owners. Even though there are no property owners in the proposed tract, the Commission needs to consider both. He is generally in support of the project. City staff has really worked aggressively to address traffic issues. He too would be concerned about the issues that had been raised. He believes the proposals presented by staff are intelligent and creative and are not experiments. He would support the project based on two conditions: 1 ) strongly support the traffic calming measures; and 2) that this project move on to the City Council and ask staff to work with the applicant on alternatives for circulation within the new development, but still connecting to the older developments. Mr. Hay suggested that maybe some different circulation patterns are one way to meet the original intent and yet discourage fast and increased traffic through this development. Pass this proposed development on to the City Council with a strong recommendation to staff that they work with the developer to prepare alternative circulation plans that continue to connect the development, but encourage traffic calming, slowing of traffic and discourage fast through trips. 36. Commissioner Tyler stated one of the most difficult problems the Commission faces is every time a new development is proposed we hear the same storey; "this is our community and we have G:\WPDOCS\PC11-28-O0.wpd Planning Commission Minutes November 28, 2000 lived here for ten years, et¢" and we forget that there is a piece of ground there that somebody ones and has to be developed to be commercially viable for them. He too would like to turn it into a park, but does not believe that it is economically viable for either the City or the property owner. We have to remember La Quinta consists of a lot of neighborhoods of which Cactus flower is one. It is indeed one of the earlier developments. It is a nice development with curving streets and he agrees with one statement that it is extremely dark at night. However, you cannot say, "We were here first and everyone else stay away." It doesn't work that way. As Commissioner Kirk suggested, we need to find a way that mitigates their concerns and also paves the way for future residents that will live in this new area. Several expressed concerns for an approved access for emergency vehicles. He would suggested that if' anyone lived along Goldenrod you would have faster access. Many expressed concern about signals, at the moment there are no signals proposed for any of the three accesses for this development. Traffic signals are not planted around the City without meeting the requirements for installation. Several suggested more access to the perimeter streets rather than having people coming through Cactus Flower. Staff has explained the purpose of certain streets and the purpose of Fred Waring, for example, is to move as much traffic as possible. Everytime you put install a full turn movement, you slow that traffic down and defeat the purpose. What is presented meets the City's regulations. He has detailed concerns such as street names, Condition #6 it calls for the existing streets that are connected to the new development, the new development will carry the old name to avoid confusion. He would suggest that Dandalion Street, the condition should be expanded to require Dandalion Street to go to the east corner. He i's concerned about the proposed street name Hermatague Circle, as it is already existing and should be changed. In regard to Condition #63 he would suggest it be expanded.to, "if and when a signal is warranted by both the Cities of La Quinta and Indio.." Beyond these suggestions, he is in general agreement with the plan. In regard to the playground retention basins, he would suggest they be mitigated by installing wrought iron fencing along the street to minimize the traffic impact. 37. Chairman Robbins stated he disagrees with his fellow Commissioners. This project have five access points for 209 plus or minus units. There are many developments within the City that have more unit and less access points. In general, in his opinion, G:\WPDOCS\PC 11-28-O0,wpd ] 5 Planning Commission Minutes November 28, 2000 the City requires too much access between communities. He supports the property owners, not because they have lived there for ten years and the streets have not gone through, but he does not believe there is a need for the connecting streets to go through. If the communities are designed properly, .and he believes this community is designed fairly well, that these connecting streets would be just as well, designed as cul-de-sacs. It does not add anything to either community to have the through streets. He could not support the project with the access on Buttercup Lane opened. 38. Commissioner Tyler stated the applicant has stated they have no objection to not putting the street through, would staff supports this. Senior Engineer Steve Speer stated that when Cactus Flower was first developed on this forty acres, they did not have any access onto Fred Waring Drive. We forced them to take access off Dune Palms Road. The idea was to give each neighborhood access points. It is the western portion of Cactus Flower that would benefit the most to having the .connection to the new project. However, after going into the neighborhoods, he understands their desire to keep it a secluded neighborhood. It was staff's purpose in requiring the street to go through it give Cactus Flower residents the access onto Fred Waring Drive. What has been realized is that the residents of Cactus Flower have learned to live without the access onto Fred.Waring Drive and prefer to keep it that way. The new project had good access to the Arterial streets. Staff does support keeping the access on Dandalion Street open because they have a restricted turn movement and the median in front of the schools will be built. Commissioner Tyler stated that originally the first phase of Cactus Flower only had one access point onto Dune Palms. Phase two gave them a second access and he was sure everyone started using it. Then a third street, Verbena was constructed to Miles Avenue for the Wildflower development and he is sure it was used also. Senior Engineer Steve Speer stated that by closing the street it will put some pressure on staff to explain why some of these developments were not given better access to the major Arterial streets. If the street is closed, some mitigation issues would need to be addressed. Once travel routes are established in a neighborhood, the residents learn to live with them. When the raised medians are built it will help to stop some of the traffic darting out onto the Fred Waring Drive where it is prohibited. G:\WPDOCS\PC 11-28-00.wpd ] l~ Planning Commission Minutes November 28, 2000 39. Commissioner Kirk stated that with that clarification, he was willing to supports this project based on staff's support to close Buttercup Lane. 40. Commissioner Tyler asked that since there was no street vacation application before the Commission, could the project be conditioned to be closed off. Community Development Director Jerry Herman stated he would let the Senior Engineer answer that question. The issue is whether or not the Commission wants to allow pedestrian access at that entrance. One option is to have the asphalt removed, a sidewalk installed, and opening the wall to allow pedestrian movement east and west. Commissioner Tyler asked who would be responsible for doing this. Ms. Marty Butler stated they would accept the responsibility. Staff went on to explain that since the developer is willing to accept the responsibility, they could be conditioned to do this. 41. Commissioner Kirk asked staff regarding the applicant's request regarding the half of the signal fee, Condition #63. Senior Engineer Steve Speer stated that whenever there is a full turning movement on an Arterial street, you open yourself to meeting warrants before construction can take place. The City's Development Impact Fee anticipates putting in signals at major intersections which already exist and the City knows a signal is needed. What is not clear is which signals will be developer driven and when staff has those occurrences, the developer is expected to mitigate that impact. It has been suggested that a quarter of the cost for the signal be borne by the developer, but in this case there are only two developers at this location and that is why staff conditioned them to pay one half the cost. In regard to the City of Indio not conditioning the developer on the east side to pay the other half, perhaps they are planning to pay the cost themselves. Commissioner Kirk asked what would happen if that did not happen for ten or 20 years. Staff stated that at that time the neighborhood would be established and staff would know what the traffic patterns were and whether or not it would meet warrants. Commissioner Kirk asked if the applicant's money was then refunded with interest. Staff stated the developer retains the actual funds. The City has them post bonds to hold the funds in place. 42. Chairman Robbins stated it seems that other residents of another tract will have the benefit of using the signal and should be responsible for paying part of the cost. Staff stated they could G:\WPDOCS\PC 11-28-00.wpd ] 7 Planning Commission Minutes _ November 28, 2000 research to see if other developments were conditioned to pay a portion of the signal, but there could be a proration. Community Development Director Jerry Herman asked Senior Engineer Steve Speer if a street closure or vacation would be required to close off Buttercup Lane. Senior Engineer Steve Speer stated it would be a street closure. Community Development Director Jerry Herman asked is staff was recommending a cul-de-sac or what? Senior Engineer Steve Speer stated it needed to be a cul-de-sac so that emergency vehicles and trash trucks can turn around, or redesigned in an "L" shape. 43. Commissioner Tyler asked about the developers concern regarding the improvements on Jefferson Street. Senior Engineer Steve Speer stated Coachella Valley Association of Governments (CVAG) is not paying the full cost of widening Jefferson Street. 75% will be funded CVAG and 25% by each of the cities. It is a matter of timing. What staff has told the developers is that If they develop their project after the Jefferson Street contract is awarded and construction is underway, the developer will not be conditioned to participate in that cost. If the contract is not awarded, they will be required to do so. It will be prorated on the amount of money the City contributes. 44. There being no further discussion, it was moved and seconded by Commissioners Kirk/Tyler to adopt Planning Commission Resolution 2000-083 recommending to the City Council certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2000-407. ROLL CALL: AYES' Commissioners Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: Commissioners Abels and Butler. ABSTAIN' None. 45. It was moved and seconded by Commissioners Kirk/Tyler to adopt Planning Commission Resolution 2000-084 recommending to the City Council approval of Tentative Tract Map 24197, as amended. a. Condition //6' Street names shall continue between tracts eliminating Virginia Street. b, Condition//63: "...as warranted by the Cities and City of La Quinta and Indio. G:\WPDOCS\PC11-28-00.wpd ] 8 Planning Commission Minutes November 28, 2000 c. New. Condition: The applicant shall process a Street Closure pursuant to applicable Vehicle Code sections and shall reconstruct the road as determined appropriate by the City Engineer.with a pedestrian access. ROLL CALL: AYES: CommissiOners Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: Commissioners Abels and Butler. ABSTAIN: None. Chairman Robbins recessed the meeting at 9:23 p.m. and reconvened at 9:28 p.m. D. Conditional Use Permit 2000-052; a request of Wal-Mart Stores to allow 35 metal containers for the temporary storage of holiday merchandise to be located at 78-950 Highway 111, within the One Eleven-La Quinta Shopping Center. 1. Chairman Robbins 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 Robbins asked if there were any questions of staff. Commissioner Tyler asked how long the containers have been in place. Staff stated since September. 3. Chairman Robbins asked if the request addresses the pallets or boxes stacked against the containers. Staff stated they would be removed. 4. Chairman Robbins asked if the applicant would like to address the Commission. Mr. Oscar Rubio, Walmart Manager, stated that as the City has grown, so have they. In order to meet the demand of their customers they have to have a minimum of 35 containers as they cannot plan for all the requests they receive. They just received an order for 1200 specialty items and they will need containers to hold these until they are picked up. They will work with the City to the best interest of both the City and Walmart. --- 5. Commissioner Kirk asked if the applicant had been contacted by the City regarding the bales. Staff stated they have been working with all the merchants on Highway 111. Mr. Rubio stated they have been addressing the issues as the City brings them to their G:\WPDOCS\PC 11-28-00.wpd ] ~) Planning Commission Minutes _ November 28, 2000 attention. Commissioner Kirk asked if the applicant was wanting this request granted for every year at this time. Mr. Rubio stated yes. Commissioner Kirk asked why they did not expand the store to accommodate their growth. Mr. Rubio stated currently it is in process, but it is not fiscally feasible at this time. They are looking to expand in about two years. 6. Commissioner Tyler asked if these containers would eliminate the stacking inside the store. Mr. Rubio stated this has not been a practice since he has been manager. Commission Tyler asked if stacking would be on top of the containers. Mr. Rubio stated it would go away. Commissioner Tyler asked if this was normal to approve an application after the fact. Staff stated they are trying to.work with the applicant, but no, normally the applicant should apply first before doing the request. 7. Chairman Robbins asked if anyone else wanted to speak regarding this project. There being no further public comment, the public participation portion of the hearing was closed and open for Commission discussion. 8. Commission Kirk stated he has a hard time rewarding someone after the fact. He has a problem with their rationale that they need more space at this season. If that were true, everyone would be asking for the same thing. He is concerned about setting a precedent for that reason. He would lean toward rejecting this application, but as they are a good member of the community and it is a well run store, he would agree to approving it for one year and re-examining it on a yearly basis with the applicant coming forward with a more permanent solution, and second, with a provision that it would be rescinded if it became a Code Compliance problem. 9. Commissioner Tyler stated he concurred with Commissioner Kirk's recommendation for only one year. Community Development Director Jerry Herman stated you could not rescind an application within 30-days as there is a statutory limit and process one has to go through to rescind a conditional use permit. Therefore, you would have to have it read subject to the revocation process. Second, staff is recommending a two year approval and any store can request and utilize this section of the Municipal Code. G :\WPDOCS\PC 11-28-O0.wpd 20 Planning Commission Minutes November 28, 2000 10. Chairman Robbins stated he concurs with the other Commissioners. A one year approval would allow them time and not require them to remove what is there but, they need to seriously consider remodeling the store. At this time, the approval is only for 45 days, so any issues with Code Compliance are mute. 11. Commissioner Kirk suggested staff keep tract of the Code Compliance issues for consideration when this application is re- applied for. 12. It was moved and seconded by Commissioners Tyler/Kirk to adopt Planning Commission Resolution 2000-085 approving Conditional Use Permit 2000-052~ as amended. a. Condition//2; approved for one year, or 2001. ROLL CALL: AYES: Commissioners Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: Commissioners Abels and Butler. -- ABSTAIN: None. VI. BUSINESS ITEMS: A. Continued - Master Design Guidelines 7000-011; a request of Kristy Brady for review of prototype house plans for two different facades located at 51-785 and 51-805 Avenida Villa. 1. Chairman Robbins 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 Robbins asked if there were any questions of staff. Commissioner. 3. Commissioner Tyler asked if the pictures submitted were homes that had been built in the Cove. Staff stated yes. 4. Commissioner Kirk asked what decorative detail had been added. --- Staff identified the areas. 5. Chairman Robbins asked if the applicant would like to address the Commission. Mr. Richard Crockett stated he was available to answer questions. G:\WPDOCS\PC 11-28-00.wpd :~ ] Planning Commission Minutes . November 28, 2000 6. Commissioner Kirk stated this submittal does addresses some of the concerns raised at the last meeting. It is still two homes that will be built next to each other, but he is still concerned about the substance of the submittal. The Master Design Guidelines were created for the purpose of seeing that homes in the Cove have more design detail. 7. Chairman Robbins stated he too is concerned, but believes it is a step in the right direction. This submittal is for two homes on two specific lots. He asked if the builder could build these homes in multiple locations. Staff stated yes, but staff will be making inspection to see that they are variation. 8. Commissioner Tyler stated he concurs with Commissioner Kirk, as it has been upgraded. 9. Commissioner Kirk asked if they could approve the application and then after three or four homes are built, they could come back with more designs. He asked the applicant if he could provide more variations in the future. Mr. Crockett stated he could. 10. There being no further discussion, it was moved and seconded by Commissioners Kirk/Tyler to adopt Planning Commission Minute Motion 2000-022 approving Master Design Guidelines 2000-011, as submitted. With the requirement for additional design variations for future homes. Unanimously approved. B. Right of Way 2000-002; a request of the City of La Quinta for a General Plan consistency finding for a proposed acquisition of street right-of-way to widen the Washingt°n Street/Highway 111 intersection located at southeast corner of Washington Street/Highway 111 intersection. 1. Chairman Robbins asked for the staff report. Senior Engineer Steve Speer presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Tyler asked what a consistency finding meant. Staff stated they were required to obtain legislative approval of staff's recommendation. G:\WPDOCS\PC 11-28-O0.wpd 22 Planning Commission Minutes November 28, 2000 3. Chairman Robbins asked if there was any other public comment. There being no further discussion, it was moved and seconded by Commissioners Tyler/Kirk to adopt Planning Commission Resolution 2000-086 approving RW-A 2000-002, as submitted. ROLL CALL: AYES: Commissioners Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: Commissioners Abels and Butler. ABSTAIN: None. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. Commissioner Tyler gave a report of the City Council meeting of November 21, 2000. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Kirk/Tyler to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission to be held December 9, 2000, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 10:00 p.m. on November 28, 2000. Respectfully submitted, ~(-~e~y ~X~wyer, E~r(~cutive Secretary Citg oF[..a Quinta, California G:\WPDOCS\PC11-28-00.wpd 23