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2002 10 08 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA October 8, 2002 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 Butler who asked Commissioner Kirk to lead the flag salute. B. Present: Commissioners Tom Kirk, Steve Robbins, Robert Tyler, and Chairman Richard Butler. It was moved and seconded by Commissioners Tyler/Kirk to excuse Commissioner Abels. Unanimously approved. C. Staff present: City Attorney Kathy Jenson, City Engineer Tim Jonasson, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: A. It was moved and seconded by Commissioners Tyler/Kirk to reorganize the Agenda to take Item D before Item C. Unanimously approved. IV. CONSENT ITEMS: B. Chairman Butler asked if there were any corrections to the Minutes of September 24, 2002. Commissioner Tyler asked that Page 3, Item #4, be corrected to read, "...bright, but with the current .... "; Page 5, Item #6 to state, "Mr. Mahoney stated 46 units at 670 square feet."; Page 9, Item #8, to say, "American Awning was subsequently informed..." Commissioner Kirk asked that Page 5, Item #6 be corrected to read, "Commissioner Kirk questioned if the density complies with the current Zoning Code." There being no further corrections, it was moved and seconded by Commissioners Tyler/Kirk to approve the minutes as corrected. Unanimously approved. C. Department Report: None V. PRESENTATIONS: None G:\WPDOCS\PC Minutes\ lO-8-02.wpd ] Planning Commission Minutes October 8, 2002 VI. PUBLIC HEARINGS: A. Continued - Environmental Assessment 2001-411 Revised. Specific Plan 2001-051 Amendment #1. and Village Use Permit 2001-007 Amendment //1: a request of Cameo Homes and Landaq, Inc. for certification of a Revised Environmental Assessment, an Amendment to the Specific Plan design guidelines for a mixed land use development on 33+ acres including detachment of 12.72 acres for a future public school, and review of architectural and landscaping plans for a 200-unit apartment complex and two commercial pads in multiple story buildings on 12 acres located on the east side of Eisenhower Drive, north of Calle Tampico and west of Avenida Bermudas. 1. Chairman Butler 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 Butler asked if there were any questions of staff. Commissioner Kirk asked if the applicant had addressed the major concerns raised by the Commission at the previous meeting. Staff stated they have addressed most and have reasons for not addressing the others. They did not address the pedestrian access to the east. 3. Commissioner Robbins stated the document is still not clear as to what is going to take place and asked whether or not the school site is part of the Specific Plan. Staff stated it is not. Commissioner Robbins stated that nowhere in the text of the Specific Plan does it state the school site is being deleted other than on the site plan exhibits. Second, if the existing commercial building that is there was built under the Specific Plan, how can they now not be a part of the Specific Plan. Staff stated the applicant can amend the Specific Plan and if they chose to request to delete it, it is their option. Commissioner Robbins argued that if special considerations were granted under the Specific Plan, they would now not exist as it is no longer a part of the Specific Plan. Staff noted any changes to the site would have to comply with the current zoning regulations if the building is deleted. 4. Commissioner Kirk asked the City Attorney if an existing Specific Plan deletes a portion from the Specific Plan and they request to make a change, what regulations would govern. City Attorney G:\WPDOCS\PC Minutes\lO-8-O2.wpd Planning Commission Minutes October 8, 2002 Kathy Jenson stated it would be governed by the existing zoning regulations for that area. Their rights would be vested as it is constructed. Also, there are conditions of approval that were used to construct the site. If an area is deleted from a specific plan they are no longer under those conditions of approval but are subject to VUP conditions. In regard to the school site, the City has no jurisdiction any part of the construction of the facility. 5. Chairman Butler asked how the parking lot and distribution center should be handled. City Attorney Kathy Jenson stated the Commission is free to add to their recommendation whether it should be included or deleted from the Specific Plan. In regard to the developed site, it is within the Commission's ability to amend the Specific Plan as they believe necessary. 6. Commissioner Tyler asked if there had been any changes to any of the resolutions. Staff noted the conditions of approval had been amended to address any changes in the Revised Specific Plan. 7. Chairman Butler asked if the applicant would like to address the Commission. Mr. Forrest Haag, representing KSL Land Holdings and Cameo Homes, stated that in regard to the structure of the Specific Plan, Section 2 pertains to the 33 acres of the plan as it was before Amendment//1. Should the Commission believe there is a need to add the already built area back into the specific plan, they would add it back in. Based on the discussion at the last meeting, they removed it. The distribution center was added back in. 8. Commissioner Tyler questioned the "see-saw" on the playground equipment and stated he thought it should be deleted as they have been determined to be unsafe. 9. Mr. Victor Mahoney, representing Cameo Homes, gave a description of the project changes. First, the pedestrian access would require them to build a six foot wall on both sides and it would have to be lighted and guaranteed to be a safe access which is impossible to do. Second, with regard to the fence on the north, he would like to suggest a removal of the existing chain link fence at the bottom of the slope and construction of a new wrought iron picket fence on the property line. They would enter G:\WPDOCS\PC Minutes\l 0-8-02.wpd :~ Planning Commission Minutes October 8, 2002 into a maintenance agreement to clean up the slope to have a consistent landscape scene. The new fence would be constructed of decorative wrought iron. Lastly, the amenities; they have added a soccer practice area, sand volleyball court, a circular tract, and a tot lot. The play equipment would be approved by their insurance carrier. 10. Commissioner Kirk questioned why there were no design guidelines included for Planning Area 3. Without the design guidelines included in the Specific Plan, KSL could propose a structure that is not compatible with this property or the KSL property to the south. Mr. Haag stated the Village Guidelines and Village Use Permit process defines the theme for any design for the Village. Commissioner Kirk questioned whether or not the Village Design Guidelines were that precise. In his opinion some guidelines are needed to be ensure this site is compatible with these other sites. In regard to the tot lot, the location is of concern to him. Mr. Mahoney showed the location and stated the reason for this location is that the noise would not be of any issue to anyone in the complex. It is also in close proximity to the open space/recreational area. Commissioner Kirk asked if the applicant about the previously shown decorative paving in the commercial area. Mr. Mahoney stated they envisioned a stamped pavement. Commissioner Kirk asked if there were any other creative solutions for the pedestrian access on the eastern side. Mr. Mahoney stated that with the liability issue, there was no other solution. 11. Chairman Butler asked if the project to the north of the Ralph's Shopping Center had only one access. Staff stated yes. 12. Commissioner Tyler asked the applicant to identify the area of the future distribution center. Mr. Haag explained the site plan. 13. Chairman Butler asked if there was any other public comment. Mrs. Kay Wolff, 77-227 Calle Ensenada stated she sees no improvement to the project that address her concerns of density, amenities, and open space between the structures. It does have some good points such as the affordable units'. Her concerns still are the traffic and why variances are being allowed. How do the residents of the apartments get to the Village without a left turn out of the apartments? G:\WPDOCS\PC Minutes\l O-8-02.wpd 4 Planning Commission Minutes October 8, 2002 14. There being no other public comment, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 1 5. Chairman Butler asked about the chain link fence with the barbed wire. Commissioner Robbins stated it is his understanding that this is KSL's existing fence and CVWD may have an access agreement. 1 6. Commissioner Kirk stated they are removing the existing chain link fence and installing tubular steel fencing. Staff stated that is what they propose. 1 7. Commissioner Robbins stated for the most part he is satisfied with the layout of the complex. He believes the location of the tot lot is not appropriate. In regard to the Specific Plan document, it still needs to be clear and specific. It needs to include why the school site is no longer a part and it seems inappropriate to delete a part of the project that is completed and delete it from the Specific Plan. 18. Commissioner Kirk applauded the applicant on addressing the issues raised by the Commission. He concurred with the points raised by Kay Wolff. The City does need projects like this and it is always a problem to find the "right" location. He does think this is a good location for a multi-family housing complex next to a school site. He would still like to see more open spaces between the building structures. With respect to the Specific Plan, he agrees with Commissioner Robbins' comments. Projects should work together within a specific plan. He strongly believes there needs to be an access between this project and the Village. We can provide an easement across KSL's property to the east and it can be conditioned to do so. He suggested an easement along the eastern boundary of the school site might work. City Attorney Kathy Jenson stated the eminent domain process had already started and it would be too late to add this to the action, and while they do not have ownership, the Agency is not in a position to impose an easement without causing a problem. To create an access at this point, that may not be consistent with the school site plan, is too late. Commissioner Kirk then suggested they pursue an easement across KSL's property. He also agrees that the existing KSL structure should be kept in the Specific Plan and G:\WPDOCS\PC Minutes\l O-8-02.wpd ~ Planning Commission Minutes October 8, 2002 design themes for the distribution center should also be added and he would condition the project to do so. He would also want the applicant to consider relocating the tot lot to a safer location. He would suggest that a new Specific Plan application be submitted for all the properties and their uses. 19. Commissioner Tyler agrees with keeping the KSL project within the Specific Plan. Need to condition the project to review the distribution center at some point. The tot lot location needs to be reconsidered. He thanked the applicant for their attention to the Commissions's concerns, but still believes this site needs to be accessible to the Village. He agrees with the wrought iron fence as proposed by the applicant. He also agrees there needs to be a left turn out, but there is no way to safely allow it. 20. Chairman Butler asked how far up a person would have to go north on Eisenhower Drive before you can make a u-turn. City Engineer Tim Jonasson stated there is a plan for future medians on Eisenhower Drive, but the tenants of the project would have to go to Avenue 50 to turn around. Chairman Butler agreed that the KSL commercial building be added back into the Specific Plan and the remainder of the site be brought back to the Planning Commission for review and approval, and the tot lot location needs to be addressed. Overall, he does approve of the project. 21. There being no further discussion, it was moved and seconded by Commissioners Robbins/Kirk to adopt Planning Commission Resolution 2002-093 recommending certification of a Revised Mitigated Negative Declaration of environmental impact for Environmental Assessment 2002-411, as recommended. ROLL CALL: AYES: Commissioners Kirk, Robbins, Tyler, and Chairman Butler, NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. 22. It was moved and seconded by Commissioner Robbins/Kirk to adopt Planning Commission Resolution 2002-094 recommending approval of Specific Plan 2001-051 Amendment//1, subject to the findings and conditions as amended: a. Add a condition requiring the design theme for the Planning Area III distribution center be added to the Specific Plan. G:\WPDOCS\PC Minutes\l O-8-02.wpd (~ Planning Commission Minutes October 8, 2002 b. Add a condition requiring a statement as to the deletion of the school site from the Specific Plan. c. Add a condition requiring the existing KSL site and parking lot be added back into the Specific Plan. d. Add a condition requiring a pedestrian easement to the Village area that does not have walls on both sides. e. Add a condition that the Revised Specific Plan document be submitted to supercede any prior Specific Plan that shows exactly what is happening on each parcel. ROLL CALL: AYES: Commissioners Kirk, Robbins, Tyler, and Chairman Butler, NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. 23. It was moved and seconded by Commissioners Robbins/Kirk to adopt Planning Commission Resolution 2002-095 recommending approval of Village Use Permit 2001-007 Amendment//1, subject to the findings and conditions as amended: a. Add a conditions requiring the tot lot location be relocated. b. Enhanced paving incorporated back into the project. ROLL CALL: AYES: Commissioners Kirk, Robbins, Tyler, and Chairman Butler, NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. Chairman Butler recessed the meeting at 8:24 p.m. and reconvened at 8:29 p.m. C. Village Use Permit 2002-014; a request of Lori Abdelnour (Allstate Insurance) for consideration of a conversion of a two story residence to office use for the property located at the northeast corner of Avenida Bermudas and Calle Amigo (51-650 Avenida Bermudas). 1. Chairman Butler 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. Commissioner Kirk withdrew due to a potential conflict due to the location of his residence, and withdrew from the dias. G:\WPDOCS\PC Minutes\l 0-8-02.wpd 7 Planning Commission Minutes October 8, 2002 3. Chairman Butler stated this was a great location for this business and the modifications will add to the site. He asked if there was any problem with the onsite parking. Staff stated several businesses in the area had requested a reduction in the parking and their requests were granted. Additional parking could be added to the Village at a future date. 4. Commissioner Tyler asked why the Village Use Permit (VUP) was not obtained prior to the construction of the work. Staff stated the applicant completed the work prior to the VUP. Commissioner Tyler asked if the paved area to the north was a driveway or accessway, also is the applicant intending to utilize the entire building. What happens when a different business moves in and utilizes more parking spaces. Staff noted the applicant would have to answer as to the use of the building. In regard to the parking, the Village was designed to encourage businesses and the parking will be accommodated by central parking areas. 5. Chairman Butler asked if the applicant would like to address the Commission. Ms. Lori Abdelnour stated she was available to answer any questions. It was her intention to utilize the entire building herself. 6. There being no other public comment, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 7. There being no further discussion, it was moved and seconded by Commissioners Tyler/Robbins to adopt Planning Commission Resolution 2002-096 recommending approval of Village Use Permit 2002-014, as recommended. ROLL CALL: AYES: Commissioners Robbins, Tyler, and Chairman Butler, NOES: None. ABSENT: Commissioners Abels and Kirk. ABSTAIN: None. Commissioner Kirk rejoined the Commission. C. Tentative Tract Map 29878~ 1st Time Extension; a request of KSL Hotel Land, L.P. for consideration of a one year extension of time for a 60-lot single family subdivision with private streets on 22.21 acres located at the southeast corner of Avenue 54 and PGA Boulevard. G:\WPDOCS\PC Minutes\l 0-8-02.wpd 8 Planning Commission Minutes October 8, 2002 1. Chairman Butler 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. There being no questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Chris Bergh, representing the applicant, stated he was available to answer any questions. 3. There being no questions of the applicant and no other public comment, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 4. It was moved and seconded by Commissioners Kirk/Tyler to adopt Planning Commission Resolution 2002-099, recommending approval of Tentative Tract Map 29878 First Time Extension, subject to the findings and conditions as recommended. ROLL CALL: AYES: Commissioners Kirk, Robbins, Tyler, and Chairman Butler, NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. D. Environmental Assessment 2002-457 and Tentative Tract Map 30834; a request of Madison Estates, LLC, for consideration of a request to subdivide approximately 29.29 acres into 76 single family and other common lots with private streets located on the north side of Avenue 58, west of Madison Street and south and east of Hermitage. 1. Chairman Butler 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 Butler asked if there were any questions of staff. Commissioner Tyler asked about the note on the map that retention basins would be on individual lots. City Engineer Tim Jonasson stated this note would be deleted and Lots D1 and D2 would be the retention basins. Commissioner Tyler asked if the secondary access was an emergency access. Staff stated that was correct. Commissioner Tyler asked for clarification on the conditions added by the Architecture and Landscaping Review G:\WPDOCS\PC Minutes\l O-8-02.wpd ~) Planning Commission Minutes October 8, 2002 Commission (ALRC) recommendation as they were not reflected in the minutes of the meeting. Staff noted they were recommended in the staff report and the ALRC approved staff's recommendations. Commissioner Tyler questioned whose responsibility it was to build the wall and questioned Item XVll.d. of the Environmental Checklist and Condition #87 of the tract map. 3. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Tom Beaty, partner in Madison Estates, LLC, stated that regarding the letter from KSL requesting they participate in the cost of the wall on the west side, this was a condition placed on their maintenance facility. They do not object to participation, but not at 50% and they need to have discussions with KSL regarding the landscaping and debris due to the landscaping and the driveway relocation. These items need to be addressed and they would agree with a 10% participation. In regard to Condition #87, he would like clarification as well, or deletion of the condition. 4. Chairman Butler asked what the area was on the plan noted for outside dining; is this a restaurant. Mr. Beaty stated it is an outdoor park for the residents. 5. Commissioner Butler complimented the applicant on the site plan. He asked about the question raised by the ALRC regarding individual access for each lot to the open space area. Mr. Beaty stated they did not want anything to clutter up the area and created specific access points for the residents to enter. Commissioner Tyler asked if individual lots would be prohibited from constructing individual block walls. Mr. Beaty stated this would be controlled under the CC&R's. They are reviewing alternatives for fences around swimming pools. 6. There being no other public comment, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 7. Commissioner Robbins stated the vicinity map should be revised to reflect the current/correct streets. G :\WPDOCS\PC Minutes\ 10-8-02.wpd ! 0 Planning Commission Minutes October 8, 2002 8. There being no further discussion, it was moved and seconded by Commissioners Tyler/Kirk to adopt Planning Commission Resolution 2002-097 recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2002-457, subject to the findings as amended. A. Item XVII.d in the Checklist corrected to show Less than Significant impact. ROLL CALL: AYES: Commissioners Kirk, Robbins, Tyler, and Chairman Butler, NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. 9. It was moved and seconded by Commissioners Tyler/Robbins to adopt Planning Commission Resolution 2002-098, recommending approval of Tentative Tract Map 30834, subject to the findings and conditions as amended: a. Condition #21: delete last two paragraphs. b. Condition #87: deleted c. Condition #100: changed to 10% participation ROLL CALL: AYES: Commissioners Kirk, Robbins, Tyler, and Chairman Butler, NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. E. Tentative Tract Map 29963 Revised; a request of Dr. Bruce Baumann for consideration of a request to relocate the access street serving a four-lot single family subdivision on approximately 9.29 acres located at the northernmost terminus of Coral Mountain Court and west of Madison Street. 1. Chairman Butler 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. There being no questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Dave Turner, Coachella Valley Engineers, stated he was available for any questions. G:\WPDOCS\PC Minutes\10-8-O2.wpd 1_ 1_ Planning Commission Minutes October 8, 2002 3. Commissioner Tyler noted the map should be corrected to show the School District as CVUSD. 4. Commissioner Kirk asked why the deletion of Condition #65. City Engineer Tom Jonasson stated it was a clerical error and should be retained. 5. There being no other public comment, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 6. Commissioner Tyler asked for clarification of Condition #32. City Engineer Tim Jonasson stated it should read adjacent "private" streets. Commissioner Tyler stated Condition #43.A should be deleted. Staff agreed. 7. It was moved and seconded by Commissioners Robbins/Kirk to adopt Planning Commission Resolution 2002-100, recommending approval of Tentative Tract Map 29963 Revised, subject to the findings and conditions as amended: a. Condition #32: Amended to be private streets. b. Condition #43: Delete paragraph A. c. Condition #65: Modified to state any appropriate development fees could be deleted. d. The tract map shall be changed to show the project is within the Coachella Valley Unified School District. ROLL CALL: AYES: Commissioners Kirk, Robbins, Tyler, and Chairman Butler, NOES: None. ABSENT: Commissioner Abels. ABSTAIN: None. VII. BUSINESS ITEMS: A. Appeal of Community Development Director Decision - RC 2002-708 a request of Mr. Jerry Ellenz for consideration of an appeal of a decision denying an access way of less than 15 feet in width along a house as required by La Quinta Municipal Code Section 9.150.080.A.8.d. for the property located at 52-230 Avenida Montezuma. G:\WPDOCS\PC Minutes\l O-8o02.wpd ~_2 Planning Commission Minutes October 8, 2002 1. Chairman Butler 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 Butler asked what the logic was for requiring the 15 feet. Staff stated it is a Code requirement and interpretation that the access to the garage is an accessway. 3. Commissioner Kirk asked why the Code required 15 feet. Staff stated that for a one way access this is considered an appropriate width. 4. Chairman Butler asked if the Commission decided a lesser width was acceptable would it be setting a precedent for other situations in the City. City Attorney Kathy Jenson stated she did not understand how this could be approved if this is considered an accessway. It would require a specific plan or a variance and there would need to be something unique regarding this property to approve it. 5. Commissioner Tyler stated a determination needs to be made to decide if this is an accessway. 6. Chairman Butler asked if the applicant would like to address the Commission. Mr. Jerry Ellenz, applicant, gave an explanation of his request. 7. Commissioner Tyler asked the applicant to explain "turfstone". Mr. Ellenz stated it combines grass and concrete in the driveway. Commissioner Tyler stated the protrusions of the fireplace could add to the reduction in width and the plan should be modified to move this back out of the nine feet. 8. There being no further discussion, Chairman Butler closed the public participation and opened discussion for Commission discussion. 9. Commissioner Tyler noted there is no definition of an "accessway" in the Code, but there is a definition of driveway. This is a driveway and not an accessway and he would propose supporting the appeal with the restriction that the applicant retain a nine foot free clearance width. G:\WPDOCS\PC Minutes\lO-8-O2.wpd ] 3 Planning Commission Minutes October 8, 2002 10. There being no further discussion, it was moved and seconded by Commissioners Tyler/Robbins to adopt Minute Motion 2002-01 7, granting the appeal for a .driveway with a nine foot width clearance. Motion unanimously approved with Commissioner Abels absent. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: IX. COMMISSIONER ITEMS: A. Commissioner Tyler gave a report of the October 1, 2002 City Council meeting. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Robbins/Tyler to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held October 22, 2002, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:34 p.m. on October 8, 2002. Respectfully submitted, City of"L'~Ouinta, California G:\WPDOCS\PC Minutes\lO-8-O2.wpd