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2002 03 12 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 12, 2002 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:04 p.m. by Chairman Abels who asked Commissioner Butler 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, Assistant City AttOrney John Ramirez, Senior Engineer steve Speer, Planning Consultant Nicole Criste, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Abels asked if there were any corrections to the Minutes of February 26, 2002. Commissioner Tyler asked that Page 5, Item//13 be corrected to read, "...to express our concerns..."; Page 6, Item//13, "It is her belief..." and delete one of the "...she would.." There being no further corrections, it was moved and seConded by Commissioners Butler/Robbins to approve the minutes as corrected. Unanimously approved. B. Chairman Abels asked if there were any corrections to the Minutes of February 27, 2002. There being no corrections, it was moved and seconded by Commissioners Tyler/Butler to approve the minutes as submitted. Unanimously apprOved. C. Department Report: None V. PRESENTATIONS: None. G :\wPDOcs\PC Minutes\3-12-02. wpd ] Planning Commission Minutes March 12, 2002 VI. PUBLIC HEARINGS: A. Site Development Permit 2001-729; a request of Michael Shovlin for Ross Dress for Less for review of development plans for a 30,187 square foot commercial building to be located on the north side of Highway 1 1 1, , east of Washington Street within the One Eleven La Quinta Shopping Center. 1. Chairman Abels 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. 3. Chairman Abels asked if there were any questions of staff. Commissioner Kirk asked about the Santa Fe element above the sign. Staff stated they were outriggers and were used on other buildings in the Center. 4. Commissioner Butler asked that staff include the Architecture and Landscaping Review Commission recommendations. 5. Commissioner Tyler stated he would prefer to see a picture of the entire Center and how this fits in with the adjacent existing buildings, rather than by itself. He questioned why staff was limiting the number of columns to be landscaped' and if the sign met the sign program. Staff noted they thought four planters would be adequate, but there is no reason not to have more. In regard to the larger sign, it could be granted by the Commission. The Commission has normally approved corporate signage and they have been larger than what the sign program allows. 6. Commissioner Kirk asked if this was larger than what the sign program allowed. Staff stated the in-line shops were allowed 2/3 the width of the frontage and 24-inches high for signage and this sign was larger. Each of the major users have been submitting. their signage separately. Commissioner Kirk stated he thought the sign looked appropriate for the size of the building, but he would like to know what had been previously approved. 7. Chairman Abels asked if the applicant would like to address the Commission. Mr. Dave Smalley, representing the One Eleven La Quinta Shopping Center, gave a presentation on the proposal. He stated the landscaping is not a problem and will be submitted at a later date. In terms of this building in relationship to the other G:\WPDOCS\PC Minutes\3-12-02.wpd 2 Planning Commission Minutes March 12, 2002 buildings, the elevation has the same column/arcade frontage as the proposed Staples building next door. On the rear elevation, he would like to point out this is the truck loading area arid they would prefer not to enhance this area. They have architecturally broken up the elements to add detail and they are concerned about adding costs unnecessarily. 8. Chairman Abels asked if there were any questions of the applicant. Commissioner Tyler questioned the height of the' arch over the entrance as being 6.5 feet higher than the entrance to Staples. Mr. Smalley stated Staples has a curved arch to bring a variety to the architecture. 9. Commissioner Butler asked why the applicant did not want to use light scones on the rear of the building. Mr. Smalley stated it is an accent color and would not have a problem adding it to this building. There problem was the request by staff to pop the building out. 10. Commissioner Robbins stated the overhang appears to project out in front of the Staples building. Mr. Smalley stated the curb does protrude out about five feet, but the columns should align. 11. There being no further public participation, the public comment portion of the public hearing was closed and open for Commission discussion. 12. Commissioner Robbins stated he liked the rear of the Staples building and with the tile accents it would be more appropriate. 13. Commissioner Kirk supported staff's recommendation and the project. 14. Commissioner Tyler stated the rear landscaping is on the north of the alleyway and does not do much to hide the rear of the building. 15. It was moved and seconded by Commissioners Butler/Robbins to adopt Planning Commission Resolution 2002-033 approving Site Development Permit 2001-729, subject to the findings and conditions as amended: G :\WPDOCS\PC Minutes\3-12-02.wpd .3 Planning Commission Minutes March 12, 2002 A. Condition #28: The plans shall provide for pocket planters around all the columns at the front of the building. ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSENT: None. ABSTAIN: None. B. Zoning Code Amendment 2002-071; a request of the City for review of an Amendment to Chapters 9.220, 9.230, and 9.240 of the La Quinta Municipal Code amending procedures for Zone Changes and Code Amendments, General Plan Amendments, and Specific Plans; and review of an addition of Section 9.140.070 Low Density/Agricultural-Equestrian Residential District 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 Kirk asked staff for clarification as to why there is a distinction between a the Council and Commission's action in regard to a "majority vote." Assistant City Attorney John Ramirez stated it should state a majority vote of the Council, or Commission; staff will strike "majority vote" from the text. 3. Commissioner Kirk asked if the Transfer of Development Rights has ever been used. Staff stated yes, for hillside property. Commissioner Kirk asked if it had been a transfer between properties. Community Development Director Jerry Herman stated a person had purchased the Transfer Development Rights from a parcel of land. They still have them as they have not been used to date. It did preserve the hillside in perpetuity. 4. Commissioner Robbins asked that the language in Section 9.220.020.C be cleaned up to read correctly. He asked if a farming operation would be required to file a dust control plan. Staff stated it would be corrected to not require it for farming operations. 5. Chairman Abels asked if there was any other public comment on this item. Mrs. Gayle Cady, 82-831 Avenue 54, Vista Santa Rosa area, asked for clarification on the new ordinance in regard to whether or not there is a new Agricultural/Equestrian Zoning G :\WPDOCS\PC Minutes\3-12-02.wpd 4 Planning Commission Minutes March 12, 2002 Ordinance or is there going to be an Agricultural Overlay District. Second, is a private ranch responsible for providing a program for the maintenance of manure. In regard to housing density, is there a number of residences to be allowed per acre. She would suggest one unit per five acres. Staff stated that in regard to the overlay versus district, this is to be a District in the Code. In regard to the manure management plan it is listed for nonresidential use, so a private ranch would not be subject to the standards. The Low Density Residential (4 units to the acre) does apply here if it is to be developed into a single family residential component with a minimum lot size of 10,000 square feet. 6. Commissioner Kirk asked what the current allowed density is now. Staff stated the minimum lot size under the County zoning is 20,000 square feet. Ms. Cady stated it would be impossible to continue with the rural ambience of the area if this were allowed. She is asking that in the agricultural and equestrian area there be larger lot sizes than the 10,000 square feet. 7. Ms. Betty Magnum-Smith, 82-470 Avenue 54, Vista Santa Rosa, questioned the setbacks for the accessory buildings. She asked that those who have existing accessory buildings, be grandfathered. Staff noted they are. Ms. Magnum-Smith asked how many dogs would be allowed. Staff stated currently under the County zoning, any person with 5-10 dogs would be considered a kennel and a permit would be required. The City of La Quinta's Municipal Code has a requirement that more than five dogs is considered to be a kennel and a license would be required. The setbacks under the County are more restrictive than what is proposed. Ms. Magnum-Smith concurred with reducing the density. 8. Ms. Susan Hale, 83-230 Avenue 52, stated that in the polo world they need more than five horses per acre. For caretaker housing, a 1000 square feet is a very small house. 9. Mr. Lee Anderson, 59-777 Calhoun Street, Vista Santa Rosa, stated he was involved in agriculture and farm animals. In regard to the raising and breeding of sheep they are mentioned in both categories and he questioned which was correct. In regard to the spreading of manure and dust control, he requests it not be required by the agriculture users. G :\WPDOCS\PC Minutes\3-12-02.wpd Planning Commission Minutes March 12, 2002 10. There being no further public participation, the public comment portion of the public hearing was closed and open for Commission discussion. 11. Commissioner Tyler suggested a lower density be considered for this area. 12. Commissioner Butler asked if the residential development standards only apply if someone wanted to develop their property. Staff stated yes. Commissioner Butler asked if the manure plan applied here. Staff stated it was for a commercial stable. Commissioner Butler asked if a property owner was boarding only one or two horses would they have to comply with this. Staff stated at that point it is a commercial stable, yes they would. 13. Commissioner Kirk stated the density issue is a major issue and we are proposing to double the density for this area. He asked if the minimums were left as they currently are to allow for the dens'ity that is suggested in the General Plan, but require to achieve that density they would have to acquire Transfer of Development Rights (TDR). If you do not acquire TDRs from some other property, the minimum stays as it is today, 20,000 square feet, maintaining the current density allowed under the County, and you could double that density by acquiring TDRs. This would be consistent with the General Plan, maintain the way of life as it is under the current Zoning Code, and create'a market for TDRs. Planning Consultant Nicole Criste stated that if the underlying density is two units to the acre under the Zoning District, and the only way to achieve four units to the acre is by buying TDRs, then this is not consistent with the General Plan. It is not possible to be consistent with the General Plan without doing something else. Assistant City Attorney John Ramirez stated that to the extent you are relying on a third party sales transaction to essentially make the zoning consistent with the General Plan, would be questionable. Community Development Director Jerry Herman stated the purpose is that if someone owns ten acres and they want to maintain their lifestyle, they can sell their density to a developer who wants to develop and they can have their lifestyle in perpetuity. Commissioner Kirk stated he did not see much a a demand for the TDR. G :\WPDOCS\PC Minutes\3-12-02.wpd 6 Planning Commission Minutes March 12, 2002. 14. Commissioner Tyler stated this is a valid concern for the residents in this area. If they own a ten acre parcel and he decides to sell it to another who wants to keep it as a ten acre parcel, can they do this. Staff stated they could. This is why this district is being created to allow the uses to remain forever. They have a choice; it can be agricultural, equestrian, or it can be subdivided and developed. 15. Commissioner Robbins stated the concern is not that they would sell their property, but that if they own a parcel with one unit on it today, the neighbor may sell their parcel and it would be - developed with 40 units. 16. Commissioner Tyler stated that if other restrictions are placed on the property, then the neighbor has restrictions which limits his ability to maximize his gain. 17. Commissioner Robbins stated this is why it cannot be down zoned. Planning Consultant Nicole Criste stated that currently under the County zoning, the A-1 designation allows planned unit development in golf courses. Without a change in zone, under the County standards there could be a golf club very similar to anyone currently in the City, in any of the A-1 areas tomorrow. Generally, that kind of development because of the transfer of density that occurs between a golf course and the residential portion, runs somewhere between two, two and a half units to the acre. She went on to give an example. The zoning designations are up to the maximum of four units to the acre, and as Commissioner Kirk stated generally we seem to be seeing projects that are under the maximum, rather than pushing the maximum. 18. Commissioner Robbins stated that if the County density was two units per acre, the City should not go lower. He asked staff to elaborate on the size of the caretakers unit. Staff Stated it does not affect an existing house. Commissioner Robbins stated that if a property owner boards one horse they should not be subject to the manure 'plan. 19. There being no further discussion, it was moved and seconded by Commissioners Robbins/Tyler to adopt Planning Commission Resolution 2002-034, recommending approval of Zoning Code Amendment 2002-071, as amended: G :\WPDOCS\PC Minutes\3-12-02,wpd Planning Commission Minutes March 12, 2002 A. Section 9.220.010.C amend by deleting "by a majority vote." B. Section 9.220.020.C and 9.230.010.C. Delete "may recommend that the City Council initiate a Code Amendment/General Plan Amendment." C. Exhibit B: Equestrian and Agricultural Uses, Delete the first reference to sheep and. goats under the section that reads, "The grazing and breeding of cattle, horses, llamas and other farm animals .... " D.Under Development Standards delete Sections B.4 and 8. E. Under Definitions, add to "commercial stable"' "...the stabling of more than five horses not owned by the residence of the property .... " ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSENT: None. ABSTAIN: None. VII. BUSINESS ITEMS: A. Sign Application 2002-609; a request of Coronel Enterprises/Sign-A- Rama for review of a planned sign program for 51-105 Avenida Villa (Durango Building) located on the west side of Avenida Villa, north of Avenida Montezuma, 1. Chairman Abels asked for the staff report. Associate Planner Wally Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. There being no further public comment, the public participation portion was closed and open for Commission discussion. 3. There being no further discussion, it was moved and seconded by Commissioners Kirk/Robbins to adopt Minute Motion 2002-006 approving Sign Application 2002-609, as recommended. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: D. Commissioner Tyler gave a report on the City Council meeting of February 19, 2002. G :\WPDOCS\PC Minutes\3-12-02.wpd 8 Planning Commission Minutes March 12, 2002 X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Robbins/Kirk to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held March 26, 2002, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:35 p.m. on March 12, 2002. Respectfully submitted, .. "X, I ~ve Secretary City of L~Quinta, California G:\WPDOCS\PC Minutes\3-12-02.wpd