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2001 10 09 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA October 9, 2001 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 Abels who asked Commissioner Robbins to lead the flag salute. B. Present: Commissioners Richard Butler, Tom Kirk, Steve Robbins, Robert Tyler, and Chairman Jacques Abels. C. Staff present: Community Development Director Jerry Herman, City Attorney Kathy Jensen, Planning Manager Christine di Iorio, Senior Engineer Steve Speer, Planning Consultant Nicole Criste, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT ITEMS: A. Chairman Abels asked if there were any corrections to the Minutes of September 25, 2001. Commissioner Butler asked that Pages 7 and 8, be corrected to read that Commissioner Kirk was present for all three votes. There being no further corrections, it was moved and seconded by Commissioners Butler/Tyler to approve the minutes as corrected. Unanimously approved. B. Department Report: 1. None. Commissioner Kirk asked staff if there was still time to submit comments on the General Plan Update. Staff stated they would need them as soon as possible. V. PRESENTATIONS: None. G:\WPDOCS\PC Minutes\PC 10-9-01 .wpd ] Planning Commission Minutes October 9, 2001 VI. PUBLIC HEARING: A. Specific Plan 2000-048, Amendment # 1; a request of Forrest K. Haag for RJT Homes, Inc. to modify development standards and text information for a private residential development on no more than 178 houses on approximately 73 acres located at the southwest corner of Avenue §0 and Jefferson Street. 1. Chairman Abels 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. Senior Engineer Steve Speer informed the Commission that in the course of plan checking the project, it was found that the retention basin did not comply with the Conditions of Approval. Staff asked the developer to explain this and they said the lake level was raised so they are unable to retain storm water in the lake and this caused it to spill down to the retention basins causing them to be larger/deeper. Normally, staff has not allowed the depth in a retention basin to go beyond five feet in depth. The one exception has been the Tradition which has a detention basin 35 feet deep with a water depth of ten feet when the l O0-year storm is contained. 2. Commissioner Robbins asked staff to clarify whether it was the depth of the water in the retention basin that is not more than five feet or the depth of the retention basin before adjacent grade in not more than five feet. Staff stated the intent is to not have more than five feet of water and not more than six feet deep at the closest point between the lowest point in the road adjacent to the retention basin. Commissioner Robbins stated he thought the retention basin at the Adams Park was deeper than six feet. Staff stated the upper bench of the Park slopes .toward the retention basin which reaches six feet. It is greater on the west side adjacent to the street. 3. Staff stated that in order to make an exception to this project, it would take an amendment to the Specific Plan. In this case it is possible to consider deeper basins. The Public Works Department has put together criteria that if more proposals are submitted in the future, staff will have something to compare them against. Staff is asking the Commission to consider depth versus width and G :\WPDOCS\PC Minutes\PC 10-9-01 .wpd ~. Planning Commission Minutes October 9, 2001 the issues associated with this. This applicant is asking for a water depth of nine feet in an 11 foot deep basin. Discussion followed regarding the depth of retention basins. 4. Commissioner Kirk asked how high the lake was raised. Staff stated two feet. 5. Chairman Abels asked staff to clarify the safety issues. Staff stated that to address some of the safety concerns, staff is recommending that if they go to deeper basins for every additional five feet of water, eight foot wide benches must be installed. Therefore, if you were to go off the edge the deepest the water would be is five feet. Staff is also requiring them to make them open spaces and possibly gated and padlocked during rainy seasons. 6. Commissioner Tyler asked where the square footage was measured from for the floor of the basin, or projected surface. Staff stated they are intended to be the size of the lot dedicated for the basin, so it would be the boundary of the lot. 7. Commissioner Tyler asked why staff was not allowing the use turf o.n the bottom of the basin. Staff stated they are more sensitive to water conservation and asked that the flat areas be a desert scape and the sloped areas be either turfed or planted with a ground cover and the bottom be some type of landscape material. 8. Commissioner Tyler stated the table on Page 45 of the staff report is asking for ten feet deep and the guideline states it should be a 30,000 square foot lot instead of the 20,000 square foot lot they are suggesting; can the applicant comply with this. Staff stated the applicant has stated they can comply with this requirement. 9. Commissioner Butler stated the staff report sites the percolation should be 240 hours for 20,000 square feet; does the developer have to show that the basin would absorb at that rate. Staff stated they are required to give the City soil testings and the City has set requirements to measure this with. Commissioner Butler asked if a developer does have an area where the percolates will absorb at this rate, can they reduce the size of the basin? Will the City set any standards on this? Staff stated the standard is contained in the Zoning Code and the only time an exception would be considered is in a Specific Plan. Staff is asking the G:\WPDOCS\PC Minutes\PC 10-9-01 .wpd :~ Planning Commission Minutes October 9, 2001 Commission to help set those standards at this meeting. If we clear the safety and percolation issues, there is a trade off that could be beneficial. 10. Commissioner Robbins stated he had concerns in regard to the reducing the setback to ten feet in areas not adjacent to open space. He is not sure that is what the City wants, if this would set a precedent. 1 1. Chairman Abels asked the difference between bench and terraced area. Staff stated they were the same thing. 12. Chairman Abels asked if the applicant would like to address the Commission. Mr. Chris Bergh, M.D.S. Consulting, representing the applicant, gave a presentation on the request. 1 3. Chairman Abels asked if there were any questions of the applicant. Commissioner Kirk asked the applicant if this was an aesthetic issue. Mr. Bergh stated yes, as some of the houses near the lake would have to look down to see the lake. 1 4. Commissioner Butler asked if the water issue was within the water conservation boundaries. 15. Commissioner Robbins stated it was his assumption the project would have to meet the City's Zoning Code and would have the proper mix between water surface and other types of landscaping. 1 6. Commissioner Tyler stated many projects would like to use lakes to augment their retention basin to meet the 100 year flood condition. Is he correct that they are saying they are already at high water levels with the minimum levels? Mr. Bergh stated 40% of the retention is within the lake area and 60% of the balance goes to the retention basin. 17. Commissioner Kirk asked about the 10 foot setback. Mr. Forrest Haag, speaking for the applicant, stated there are 1 0 foot setbacks on the golf courses. It is perceived, on most projects with golf courses, that the rear yard area belonging to the golf course is owned by the property owners. In this project there are lots that front on to the cul-de-sacs and back up to one another. There are homeowners who want large footprint homes on small lots. They do not want the problem of taking care of a large rear yard, nor do G:\WPDOCS\PC Minutes\PClO-9-01 .wpd 4 Planning Commission Minutes October 9, 2001 they want a pool. According to their marketing information there are people that do not want this large backyard. There are some homeowners who want the extended rear yard to look over a golf course, or in this instance a lake, and others who want no part of that. 18. Commissioner Butler asked if there was room in a 10 foot rear yard for a pool. Mr. Haag stated they can do an infinity-edge pool. Discussion followed regarding the economics of a ten foot setback. 1 9. Chairman Abels asked if anyone else would like to speak regarding this project. There being no further discussion, the public participation portion of the hearing was closed and open for Commission discussion. 20. Commissioner Robbins stated he has problems with the ability of these homes to be scrunched together, As a compromise he could - support 30 feet between the back of one house to the back of the other. 21. Commissioner Kirk stated he supports staff's recommendation regarding drainage. He does, however, has a problem with the ten foot setback. He does not mind more density, but in the right location and this project is not a high density project. He agrees there are some people who would want the smaller rear yard setback, but he is not sure this is what they want in La Quinta. Therefore, he is against that portion of their request. He agrees with staff in that he would like to see some sort of compromise and perhaps Commissioner Robbins' suggestiOn might work. Another way may be to have the 20-foot setback as an average rather than a minimum so if there are architectural elements that jet into the setback, they can account for them and balance out the rear yard as an average. 22. Commissioner Butler stated he is satisfied with the retention issue, but the developer is the one putting himself at risk in regard to the density and whether the setback is ten feet or 20. He is uncertain whether or not the Commission should make that decision for them. He has no objection to the ten foot setback if the developer believes he can sell the product. 23. Commissioner Tyler asked staff to clarify that the only G:\WPDOCS\PC Minutes\PC1 O-9-O1 .wpd .~ Planning Commission Minutes October 9, 2001 architectural projections being considered were those in the front yard setback. Staff stated that was correct. Commissioner Tyler stated he would not like to give up on the 20 foot setback. He had some concerns in regard to the conditions. Conditions #12 and #18 relate to the same issue and should be combined. 24. Commissioner Robbins stated one is a' landscape requirement and the other is a natural retention requirement. 25. Commissioner Tyler noted that Condition #5 of the Specific Plan is lined out and Condition #6 of the Tract Map is not lined out. Staff stated both conditions should be left in. Commissioner Tyler asked why there were new Fire Department conditiOns. Staff stated the Fire Department determined new ones were needed. 26. Chairman Abels stated he did not like the idea of 1 0 foot setbacks as this is not what was wanted in La Quinta. He would agree with the averaging at 20 feet. 27. Commissioner Butler asked the applicant if this was a siting situation and what the motivating factor was for the ten foot setback. Mr. Haag stated that in the evolution of the architecture and the development of the map, the architecture has been driven by the market. The engineering is trying to keep what the developer believes is a saleable product within the plan. Very few of these lots, less than 15, and somewhere between ten and fifteen percent of the lots require this ten foot setback. Commissioner Butler asked if these lots were all paired housing. Mr. Haag stated no, but odd shaped lots on maybe 10-15 lots need the 10 foot setback. Community Development Director Jerry Herman stated that in regard to averaging, it would be difficult to enforce as the building permits are issued in groups which makes it hard to determine the average of the entire subdivision; second you preclude anyone from adding an addition because you would have to calculate what the addition's setback would be in relation to the entire subdivision. 28. Commissioner Kirk stated the averaging should be per lot. Discussion followed regarding averaging and determining the lots that can have the ten foot setback. 29. Commissioner Tyler stated he is in favor of a curvilinear development; however, isn't there any alternative to the ten foot G:\WPDOCS\PC Minutes\PC 10-9-01 .wpd {~ -- Planning Commission Minutes October 9, 2001 setback? Mr. Haag stated the developer wants his statement in the perimeter look and the interior amenities and replicated architecture. 30. Chairman Abels stated he concurs with the applicant's request as it is a matter of economics. 31. There being no fUrther discussion, it was moved and seconded by Commissioners Butler/Tyler to adopt Planning Commission Resolution 2001-125, recommending approval of Specific Plan 2000-048, Amendment # 1, subject to the findings and Conditions of Approval as amended: a. Condition #5.A. 1 .: Remove the strike out. b. Condition #48: Change to read, "retention basins over 20,000 square feet." c. Condition #57: Rear yard setbacks for houses and guest houses not backing up to open spaces, shall not be less - than 10 feet for 22 of the lots with those specific lots to be determined prior to the City Council public hearing and the remainder shall have 20 foot rear yard setbacks. ROLL CALL: AYES: Commissioners Butler, Tyler, and Chairman Abels. NOES: Commissioner Kirk and Robbins. ABSENT: None. ABSTAIN: None. 32. It was moved and seconded by Commissioners Tyler/Butler to adopt Planning Commission Resolution 2001-1 26, recommending approval of Tentative Tract Map 29858 Amendment #2, subject to the findings and Conditions of Approval as submitted/amended: a. Condition # 49: Change to read, "retention basins over 20,000 square feet." ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSENT: None. ABSTAIN: None. __ B. Conditional Use Permit 2001-063; a request of Sprint PCS for approval of the installation of a 68 foot high Wireless antenna camouflaged as a Palm Tree (Monopalm prototype design) and related ground-mounted G:\WPDOCS\PC Minutes\PC 10-9-01 .wpd Planning Commission Minutes October 9, 2001 equipment for cellular telephone service within a self-storage facility on 3.77 acres located at 46-600 Adams Street, Storage USA. 1. Chairman Abels opened the public hearing and asked for the staff report. Planning Consultant Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if there were any questions of staff. Commissioner Tyler asked if this tower was totally enclosed within the project and asked why the project was required to have two parking spaces. Staff stated it was within the storage facility and the parking spaces were required by the Zoning Code. The parking spaces within the Storage facility are for RV rental parking spaces. 3. Commissioner Kirk asked the location of the other two approved sites. Staff stated the last one approved was AT&T at the Imperial Irrigation District facility. Commissioner Kirk asked if it had been determined to be legally possible to have multiple tenants on a tower. Staff stated it was legal and a condition had been added on to the AT&T tower. Commissioner Kirk asked if this applicant had been asked to have multiple tenants on this tower. Staff stated the applicant would have to address this as it would have to be ten feet higher to accommodate another user. 4. Commissioner Robbins stated his only concern was the proliferation of the monopalms throughout the City. 5. Chairman Abels asked if the applicant would like to address the Commission. Ms. Linda Nobia, representing Telecom Wireless Solutions sole consultants to Sprint PCS, gave a presentation on the project. In regard to the antennas she stated this tower will serve only La Quinta. 6. Commissioner Kirk asked the radius of the service area and if it could accept other applicants. Ms. Nobia stated yes, but it would not get as good a coverage. They would have to expand the lease area for additional equipment. They would be willing to accept a condition requiring it as long as they have the lease area to do this. 7. Commissioner Tyler asked if all the proposed telecommunication facilities meet the current standards set by the FCC. Ms. Nobia stated yes. 8. Chairman Abels asked if anyone else would like to speak regarding G:\WPDOCS\PC Minutes\PC10-9-01 .wpd Planning Commission Minutes October 9, 2001 this project. There being no further discussion, the public participation portion of the hearing was closed and open for Commission discussion. 9. Commissioner Tyler questioned why it should be condition to have the parking spaces. 10. Commissioner Kirk asked how the City could enforce a requirement to have an additional tenant on the tower. City Attorney Kathy Jensen stated that if they consent to the condition, it will be a lease situation and could be difficult to enforce. 11. Commissioner Kirk asked the applicant how they would enforce this. Mr. Don Williams, Telecom Wireless Solutions, stated they are getting ready to construct a co-location facility and could also do the same at this location. Most carriers would rather co-locate than do their own pole as it is cheaper. They do need a vertical separation between the two facilities and this can be a problem. In regard to landscaping and parking spaces, they are happy with whatever the City decides. They do have an employee who checks the poles each month, but this does not require a parking space. They are happy to plant the trees, but need help as to where to put them as it is an entirely paved area. Their leased area is not big enough to put the pole and two trees. 12. Commissioner Butler stated he would want the palm trees next to the pole. Discussion followed as to possible planting alternatives. 13. There being no further discussion, it was moved and seconded by Commissioners Robbins/Tyler to adopt Planning Commission Resolution 2001-127, approving Conditional Use Permit 2001- 063, subject to the findings and Conditions of Approval as amended: a. Condition//8: Add, "Trees shall be maintained and replaced if they die." b. Condition 9: Deleted and replaced with a requirement for a ,_ multiple antenna. The Resolution shall be modified to add a new finding that the required parking spaces as required by the Zoning Code are not needed as the parking spaces provided within the Storage facility are sufficient and additional parking is not needed. G:\WPDOCS\PC Minutes\PC 10-9-01 .wpd ~) Planning Commission Minutes October 9, 2001 ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSENT: None. ABSTAIN: None. Chairman Abels recessed the meeting at 8:30 p.m. ane reconvened at 8:37 p.m. C. Village Use Permit 2001-010; a request of Edwin G. Cosek (Andrew's Bar and Grill) for review of exterior remodeling plans for an existing one story commercial building (formerly Chez Moniques) on 0.17 acres to include outdoor patio dining, landscaping, signs and vehicle parking areas located at 78-121 Avenida La Fonda. 1. Commissioner Kirk excused himself due to a possible conflict of interest and left the dias. 2. Chairman Abels 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. 3. Chairman Abels asked if there were any questions of staff. Commissioner Tyler asked if the old sign would be removed. Staff stated yes. Commissioner Tyler asked about the lack of parking. Staff stated parking would be available on the street and on site. Commissioner Tyler asked about the 25 feet on the west side of the building. Staff stated the area is proposed to be landscaped and the parking capacity can be addressed by the applicant. 4. Commissioner Butler stated he was concerned that with the restaurant to the west of this project there could be a parking problem. Staff stated they thought the parking was sufficient. 5. Chairman Abels asked if the applicant would like to address the Commission. Mr. John Calgerious, representing the applicant, gave a presentation on the request and stated the seating capacity of the restaurant is 82 and is anticipate to be open within ten weeks. 6. Chairman Abels asked if there were any questions of the applicant. G:\WPDOCS\PC Minutes\PC10-9-01 .wpd ].0 Planning Commission Minutes October 9, 2001 There being no questions of the applicant, Chairman Abels asked if anyone else would like to speak regarding this project. There being no further discussion, the public participation portion of the hearing was closed and open for Commission discussion. 7. Commissioner Robbins stated he is in favor of the project as it should be an addition to the Village. 8. There being no further discussion, it was moved and seconded by Commissioners Robbins/Butler to adopt Planning Commission Resolution 2001-128, recommending approval of Village Use Permit 2001-010, subject to the findings and Conditions of Approval as recommended. ROLL CALL: AYES: Commissioners Butler, Robbins, Tyler, and Chairman Abels. NOES: None. ABSENT: Commissioner Kirk. ABSTAIN: None. Commissioner Kirk rejoined the Commission. D. Village Use Permit 2001-012; a request of Santa Rosa Plaza, LLC for review of 1 8 Casitas buildings, each containing eight units, for a total of 144 units on a portion of the Santa Rosa Plaza Specific Plan property located on the north side of Calle Tampico, between Desert club Drive and Avenida Bermudas. 1. Chairman Abels opened the public hearing and asked for the staff report. Planning Consultant Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if there were any questions of staff. Commissioner Robbins asked for clarification as to why all four sides of the elevation were not included. Staff stated the two fronts and two sides are the same. 3. Commissioner Tyler stated the emergency exit should be shown on the plans. Staff noted this is called out on the Specific Plan. 4. Chairman Abels asked if the applicant would like to address the Commission. Mr. Daniel Brown, representing the applicant, gave a presentation on the request. 5. Chairman Abels asked if there were any questions of the applicant. Commission Kirk asked if the applicant concurred with the G:\WPDOCS\PC Minutes\PClO-9-01 .wpd ] ] Planning Commission Minutes October 9, 2001 conditions. Mr. Brown stated he did and explained the green area shown on the plan shows how they would like to have the site look, even if it is more than 25 percent turf. Commissioner Kirk asked what the use of pavilion would be when it is proposed for the middle of the parking lot. Ms. Bridget Meyers, representing the applicant, stated they have been discussing this with several landscape architects. The vision is to use it for outdoor entertainment or exhibits for the pedestrian usage. Commissioner Kirk asked if Embassy Suites has ever marketed the casitas units without a hotel attached. Mr. Brown stated they would be constructed at the same time so it would not be an issue. They will be individually owned. 6. Commissioner Tyler stated he was concerned that the people who own the casitas units would be subject to the construction noise of the hotel. Mr. Brown stated they are planning to build the two at the same time so it would not be an issue. 7. Chairman Abels asked if anyone else would like to speak regarding this project. There being no further discussion, the public participation portion of the hearing was closed and open for Commission discussion. 8. Commissioner Robbins stated his only concern is the applicant's request for more turf and asked if the Specific Plan was conditioned to a set amount of turf. Staff stated the condition was added by staff at the Architectural and Landscaping Review Committee meeting. The original Specific Plan requires it to meet the Landscape Ordinance. The applicant is requesting the elimination of Condition #4. Commissioner Robbins stated he would recommend reducing the evaporation ratio from 8 to 6 and let them do what they want with a certain amount of water. Discussion followed regarding the amount of turf and water to be allowed. Mr. Brown stated he was concerned this would not allow them to obtain the oasis look they are wanting. Following discussion it was determined the amount of turf would be limited to 33 percent. 9. Commissioner Kirk stated he has a problem with the casitas units resembling apartments rather than a true casitas unit and he would recommend additional features be added. 10. There being no further discussion, it was moved and seconded by Commissioners Kirk/Tyler to adopt Planning Commission G :\WPDOCS\PC Minutes\PC 10-9-01.wpd ! 2 Planning Commission Minutes October 9, 2001 Resolution 2001-129, recommending approval of Village Use Permit 2001-012, subject to the findings and Conditions of Approval as submitted/amended: a. Condition//4: A landscaping shall be a maximum of 33% b. Condition//10: The emergency access on Desert Club Drive shall be specified on the plans ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Chairman Abels. NOES: Commissioner Robbins. ABSENT: None. ABSTAIN: None. E. Site Development Permit 2001-714; a request of Madison Development LLC for review of development plans for one retail building located on the northwest corner of Washington Street and Highway 111, within Point Happy Commercial center. 1. Chairman Abels opened the public hearing 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. 2. Chairman Abels asked if there were any questions of staff. Commissioner Tyler asked about the window signs on Washington Street and if the Commission could prohibit this. Staff stated the Specific Plan would not allow it. 3. Chairman Abels asked if the applicant would like to address the Commission. Mr. John Vuksic, representing the applicant, gave a presentation on the request. 4. Chairman Abels asked if there were any questions of the applicant. There being no questions of the applicant, Chairman Abels asked if anyone else would like to speak regarding this project. There being no further discussion, the public participation portion of the hearing was closed and open for Commission discussion. 5. There being no further discussion, it was moved and seconded by Commissioners Kirk/Robbins to adopt Planning Commission Resolution 2001-130, recommending approval of Site Development Permit 2001-714, subject to the findings and Conditions of Approval as recommended, ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and G :\WPDOCS\PC Minutes\PC 10-9-01.wpd ! :~ Planning Commission Minutes October 9, 2001 Chairman Abels. NOES: None. ABSENT: None. ABSTAIN: None. VII. BusINESS ITEMS: A. Site Development Permit 2000-671, Amendment //1; a request of Toll Bros. For review of architectural plans for one new prototype residential unit to be located within the Norman Golf Course, on the north side of Airport Boulevard, east of Madison Street. 1. Chairman Abels 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 Abels asked if there were any questions of staff. There being no questions of staff, nor of the applicant, Chairman Abels closed the public participation. 3. There being no further discussion, it was moved and seconded by Commissioners Tyler/Butler to adopt Minute Motion 2001-121 approving Site Development Permit 2000-671 Amendment //1, subject to the Conditions of Approval as recommended. The motion carried unanimously. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Staff informed the Commission that the City Council would be determining if there would be another joint hearing on the General Plan Update. Staff would notify the Commission of the date. B. Commissioner Tyler gave a report on the City Council meeting of September 18, 2001. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Robbins/Butler to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission to be held October 9, 2001, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:31 p.m. on September 25, 2001. G:\WPDOCS\PC Minutes\PC 10-9-01 .wpd ]4 Planning Commission Minutes October 9, 2001 Respectfully submitted, 15etty/J~'/9'awyer, Executive Secretary City ~Pl_a Quinta, California G:\WPDOCS\PC Minutes\PC 10-9-01 .wpd ]$