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2002 09 03 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 3, 2002 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:09 p.m. by Chairman Butler who asked Commissioner Robbins to lead the flag salute. B. Present: Commissioners Jacques Abels, Tom Kirk, Steve Robbins, Robert Tyler, and Chairman Richard Butler. C. Staff present: Community Development Director Jerry Herman, City Attorney Kathy Jenson, Assistant City Engineer Steve Speer, Principal Planners Stan Sawa and Fred Baker, Associate Planners Martin Maga~a, and Wallace Nesbit, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Butler asked if there were any corrections to the Minutes of July 23, 2002. Commissioner Robbins asked that Page 6, Item 8 be corrected to show Commissioner Abels seconded the motion; Page 14, Item 24, "...stated his concern..."; Page 14, Item //25 "Ms. Patricia Johnson..."; Commissioner Tyler asked that Page 17, Item //41 be changed to read, "Vice chairman Tyler stated that if they were considering the apartment complex by itself, it might be salvageable. However, he cannot approve zoning that allows light industrial next to an existing single family development. A storage unit might be an acceptable "Good Neighbor", but a change to CP zoning designation would allow construction of whatever use is allowed under the CP zoning; it is not limited to a storage unit. He has strong concern about the proposed circulation plan. The currently approved tentative tract map for this site has only one access point onto Washington Street, at Darby Road (re-aligned). The proposed project retains that access but adds two G:\WPDOCS\PC Minutes\9-3-O2.wpd ] Planning Commission Minutes September 3, 2002 more. He also has difficulty with increasing the housing density on an additional 20+ acres at this one location. This would create a traffic nightmare and the local schools would be more overloaded than they already are now." There being no further corrections, it was moved and seconded by Commissioners Abels/Kirk to approve the minutes as corrected. Unanimously approved with Chairman Butler abstaining. B. Department Report: None V. PRESENTATIONS: None VI. PUBLIC HEARINGS: A. 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. Staff informed the Commission that the applicant had requested a continuance of the project. 2. It was moved and seconded by Commissioners Tyler/Robbins to continue the project to September 24, 2002. Unanimously approved. B. Conditional Use Permit 2002-071: a request of Wal-Mart Store //1805 for consideration of a request to allow 55 metal containers for the temporary storage of holiday merchandise from September 5, 2002 to January 30, 2002 on the north and west sides of the existing store located at 78-950 Highway 111, within the One Eleven La Quinta Shopping Center. 1. Chairman Butler opened the public hearing and asked for the staff report. Associate Planner Martin Maga~a presented the information contained in the staff report, a copy of which is on file in the Community Development Department. G:\WPDOCS\PC Minutes\9-3-O2.wpd 2 Planning Commission Minutes September 3, 2002 2. Chairman Butler asked if there were any questions of staff. Commissioner Robbins asked if the time frame was consistent with previous years requests. Staff stated it was almost the same. 3. Commissioner Kirk asked if the first year request was for 35 containers, then the next 43, and now 55 containers. Staff stated that was correct. 4. Chairman Butler asked if the applicant would like to address the Commission. Mr. Mickey Anderson, store manager, stated the reason they were requesting additional time is to allow enough time to get the trailers in place since they are delivered in groups of ten. His needs for storage are growing as the City grows. 5. Commissioner Tyler asked if this would be needed next year. Mr. Anderson stated the anticipated opening date for the new Super Wal Mart is January 4, 2004. They expect to need the outside storage on the new facility as well. 6. There being no further 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. 7. Commissioner Kirk stated he did not like to hear the additional storage will be needed at the new store. He would be voting against the project unless there was a cap. It should be designed so temporary structures are not needed. 8. Commissioner Robbins agreed. If all the stores were needing this the City would look like a "railroad yard". He understands the need, but cannot support the ever increasing need. 9. Commissioner Kirk stated the Commission has spent a lot of time addressing the appearance of the rear of buildings and then to allow this seems contradictory. 10. Chairman Butler asked if the applicant had ordered the merchandise for the 55 containers. If the Commission did not approve the 55 containers, what would they do? Mr. Anderson stated he would have to seek off-site storage to accommodate the G:\WPDOCS\PC Minutes\9-3-O2.wpd 3 Planning Commission Minutes September 3, 2002 merchandise in Indio or Cathedral City. This store was built in 1992, and the business has grown and the building has not gotten any bigger, Discussion followed regarding possible alternatives. 11. There being no discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt' Planning Commission Resolution 2002-084 approving Conditional Use Permit 2002-071, subject to the findings and conditions, as submitted. Commissioners Abels/Tyler withdrew their motion. 12. It was moved and seconded by Commissioners Kirk/Robbins to adopt Planning Commission Resolution 2002-084 approving Conditional Use Permit 2002-071, subject to the findings and conditions as amended: A. The duration would be September 15, 2002 to January 15, 2003 B. A total of 43 containers shall be allowed. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. C. Site Development Permit 2002-702. Amendment //1; a request of La Quinta Congregations of Jehovah's Witnesses for review of development plans for a second church hall on a 2.39 acre site located on the east side of Dune Palms Road, between the Coachella Valley Storm Channel and Westward Ho Drive 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 if there were any changes to the conditions from the last building. Staff stated nothing substantial. Commissioner Tyler asked if the parking was adequate for both buildings. Staff stated it was adequate. G:\WPDOCS\PC Minutes\9-3-02.wpd 4 Planning Commission Minutes September 3, 2002 3. Chairman Butler stated his concern was not having any windows and asked if there was any reason. Staff stated the applicant. could answer this question. 4. Commissioner Robbins asked if the side of the building facing the retention basin was the north side. Staff stated yes it was. 5. Chairman Butler asked if the applicant would like to address the Commission. Mr. Allan Elkins, speaking for the applicant as the project foreman, stated he was available to answer any questions. 6. Commissioner Tyler asked if there was a time frame for construction. Mr. Elkins stated both buildings would be built simultaneously. 7. Chairman Butler asked about the windows. Mr. Ekins stated there were windows facing the parking lot and on the other sides it was not appropriate. 8. There being no further 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. 9. Commissioner Robbins stated that with no articulation on the north elevation, it is could be a negative precedent. No one knows what will be constructed to the north and he would like to see windows on the north side similar to the first building's west elevation. 10. There being no discussion, it was moved and seconded by Commissioners Robbins/Tyler to adopt Planning Commission Resolution 2002-085 approving Site Development Permit 2002- 702 Amendment //1, subject to the findings and conditions, as amended: A. Condition added: Applicant to work with staff to add articulation on the north elevation. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None, ABSTAIN: None. G:\WPDOCS\PC Minutes\9-3-O2.wpd 5 Planning Commission Minutes September 3, 2002 D. Tentative Tract Map 3018,5; a request of TD Desert Development for consideration of a request to subdivide approximately 3.62 acres into seven single family residential lots, one open space lot, and a well site located on the southwest corner of Cabrillo Way and Mission Drive West within Rancho La Quinta. 1. Chairman Butler opened the public hearing and asked for the staff report. Associate Planner Martin Maga6a 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 staff if the 3.62 acres were ever zoned for park or community facility or otherwise in the master plan. Staff stated not to his knowledge. The last amendment to the map processed in 2000 showed the site subdivided into seven lots. 3. Chairman Butler asked if the applicant would like to address the Commission. Mr. Patrick Odowd, representing the applicant, stated he was available to answer any questions. 4. Commissioner Kirk asked if this site was always designated for residential land use in the Specific Plan. Mr. Odowd stated yes. Commissioner Kirk asked if there was ever any plans for a parksite or tennis court on this parcel. Mr. Odowd stated that to his knowledge no. 5. Commissioner Tyler asked why the lots were laid out at an angle to the street. Mr. Odowd stated to give the lots more depth and to allow a better view of the mountains. Community Development Director Jerry Herman stated originally this area was designated for the maintenance building and then as the Specific Plan was amended it became residential. 6. There being no further 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. G:\WPDOCS\PC Minutes\9-3-O2.wpd 6 Planning Commission Minutes September 3, 2002 7. There being no discussion, it was moved and seconded by Commissioners Kirk/Robbins to adopt Planning Commission Resolution 2002-086 approving Tentative Tract Map 30185, subject to the findings and conditions, as submitted. ROLL CALL: AYES.: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. E. Environmental Assessment 2002-452 Addendum. Specific Plan 98-032 Amendment //1, and Tentative Tract Map 30651; a request of Winchester Development for certification of a Mitigated Negative Declaration of environmental impact, remove Planning Area No. 3 from the Quarry Retreat Specific Plan, and review of a subdivision of 74.78 acres into 28 residential and other amenity and common lots located west of Madison Street, south of Quarry Lane. 1. Chairman Butler 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. Staff requested an addition to Condition //50 requiring a 10 foot wide meandering multipurpose trail that the developer would bond for and completed with the Jefferson Street improvements. 2. Chairman Butler asked if there were any questions of staff. Commissioner Tyler asked if the existing Specific Plan for the Quarry included this parcel. Staff clarified there was no Specific Plan for the Quarry. The Quarry Retreat is a different product type they were proposing five years ago and is now called "Resort Residential" under the Zoning Code and indicated on the map where they were located. The Quarry Retreat allowed -t-20 resort residential units and needed to be deleted out of the Specific Plan. This development would be The Quarry Ranch. Commissioner Tyler asked how some of the lots could be allowed to exceed the three foot elevation differential for contiguous lots. Assistant City Engineer Steve Speer stated a 5-foot deviation was currently being allowed for lots not on the same street. G:\WPDOCS\PC Minutes\9-3-O2.wpd Planning Commission Minutes September 3, 2002 3. Chairman Butler asked how this could be allowed. Staff clarified how it was allowed in the Subdivision Ordinance under Section 13.24.050, Grading and Improvements and read the section. A finding will need to be made stating the reason to allow the deviation. 4. Chairman Butler asked how many holes of golf are planned. Staff stated it was a question for the applicant. 5. Commissioner Robbins asked about Conditions 59-62 in regard to the landscaping; was it the intent of staff that the golf course comply with the Landscape Ordinance. Assistant City Engineer Steve Speer stated it does not apply to the golf course. 6. Commissioner Tyler asked if any portion of this development encroach on the toe of the slope. Staff stated a future application will be brought to the Planning Commission for consideration that does encroach into the 20% slope. A specific plan and parcel map to subdivide two additional parcels proposed development above the 20% slope. Currently it has a golf cart access to the golf course only. 7. Commissioner Kirk asked about the Mitigation Monitoring Report, under Geology and Noise, the Checklist does not identify any significant impacts. Was this an oversight or should the Assessment have been changed to significant impacts. Staff stated there was a soils study that recommended the building pads be recompacted, so it is a matter of judgement as to whether or not it is significant. It is an issue that was raised and does need to be monitored. City Attorney Kathy Jenson stated a lead agency's legal ability to impose mitigation measures arises when the affect is significant to begin with, so you are not required to do mitigations when the affect is not significant and does not need to be included in the mitigation monitoring plan, if it is less than significant. You could add it as a condition of approval. 8. Chairman Butler asked if the applicant would like to address the Commission. Mr. John Shaw, Winchester Development, explained the lot configuration and reasoning for their request. The purpose is to protect the Quarry boundaries from negative development. He questioned Condition//15 and requested they only be required to pay for one side of the street and not both. G:\WPDOCS\PC Minutes\9-3-O2.wpd 8 Planning Commission Minutes September 3, 2002 9. There being no further 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. 10. Commissioner Robbins stated he was generally in favor of the project. He would like to add one condition that staff remove the exemption in the Landscape Ordinance relative to the golf course and add that the golf course shall comply with the annual maximum applied water allowance that is in effect at the time the landscaping plans are approved. Mr. Shaw stated he was not sure what the ordinance stated so he did not know how to answer. Commissioner Robbins explained the requirements. Mr. Shaw stated he would review the Ordinance before the City Council meeting. In regard to the number of holes, there are ten practice holes. 11. There being no discussion, it was moved and seconded by Commissioners Robbins/Abels to adopt Planning Commission Resolution 2002-087 recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2002-452, as amended to the Mitigation Monitoring Plan. 12. Commissioner Kirk asked if the issue of the grade differencial should be added as part of the Mitigation Monitoring Plan. City Attorney Jenson stated that since the differential is more than what is allowed by the Zoning Code, the Subdivision Ordinance does provide the finding, but she would prefer it be a condition of approval. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. 13. It was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 2002-088 recommending approval of Specific Plan 98-032 Amendment//1, subject to the findings and conditions, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. G :\WPDOCS\PC Minutes\9-3-O2.wpd ~) Planning Commission Minutes September 3, 2002 14. It was moved and seconded by Commissioners Tyler/Robbins to adopt Planning Commissioner Resolution 2002-089, subject to the conditions as amended. A. Condition added regarding a utility easement. B. Condition added requiring the multipurpose trail. C. Condition added requiring the golf course to comply with the Landscaping Ordinance. D. Finding: The pad differential is consistent with the Zoning Code. F. Specific Plan Amendment 2000-043 Amendment //2 and Sign Application 2002-629: a request of Madison/P.T.M La Quinta, L.L.C. for consideration of a request to delete the Sign Program provisions from the Specific Plan for Point Happy Commercial Center and review of a Sign Program for Point Happy Commercial Center for the property located at the northwest corner of Washington Street and Highway 111. 1. It was moved and seconded by Commissioners Kirk/Tyler to continue this project to September 24, 2002. Unanimously approved. VII. BUSINESS ITEMS: A Continued - Site Development Permit 2002-744; a request of Jai Nettimi for compatibility review of a deck for a single family two story house located at 79-390 Paseo del Rey. 1. Chairman Butler asked for the staff report. Associate Planner Martin Maga~a 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 stated this issue should never have been brought to the Planning Commission, but rather reviewed and approved by the homeowners' association (HOA) for compatibility. 3. City Attorney Kathy Jenson stated the Zoning Code says it applies to all second story additions. Commissioner Tyler stated this is not a second story addition, but rather a deck to a house that should only require a building permit. Community Development Director stated that with the definition of "story" makes it difficult. G:\WPDOCS\PC Minutes\9-3-02.wpd ] 0 Planning Commission Minutes September 3, 2002 4. Commissioner Robbins asked if they could make a determination that a deck does not qualify as a second story and does not fall under the compatibility review of the Zoning Code. 5. Chairman Butler asked if the applicant would like to address the Commission. Mr. Nettimi, the applicant, stated it is not a privacy issue as he can see into his neighbors yards from his second story. 6. Chairman Butler asked if anyone else would like to speak on this issue. Mr. Don Barowski, 79-391 Sierra Vista, asked staff to verify that the adjacent neighbors were notified. Community Development Director Jerry Herman stated staff had mailed a notice to each of the five adjacent property owners. Mr. Barowski stated there are five neighbors that are contiguous and he was not notified. He heard about the issue and raised the issue with several members of the HOA and they were opposed. His property is catecorner to Mr. Nettimi's property. Staff stated the HOA notified the three and staff notified all five. 7. Mr. Dan McGrath, 79-371 Sierra Vista, stated he is one lot to the north and one lot to the west. One window on this two story house faces into his backyard and several windows into his house. He was not notified by Century Homes that there was a two story option available under the Phase II development. It does impact his family and his way of life, as well as his property values in a negative way. He is opposed to the request. 8. Chairman Butler notified the Commission and public that he had learned that he needed to abstain from voting on this project. Vice Chairman Tyler chaired the meeting. 9. Mr. John Andrade, 79-381 Sierra Vista, stated he lived directly behind the applicant, and his immediate response to the deck when he heard of it was no response; now he believes this will impact his home. 10. Mr. Nettimi, stated that when he bought his home he was told he could build a deck and this was his intention. It was not his intention to devalue anyone's property. 11. There being no further discussion, Vice Chairman Tyler closed the public participation portion of the meeting and opened the meeting for Commission discussion. G:\WPDOCS\PC Minutes\9-3-02.wpd ] ] Planning Commission Minutes September 3, 2002 12. City Attorney Kathy Jenson stated that in her opinion this is not a second story and the compatibility Section of the Code does not apply. 13. Commissioner Robbins stated he believes this is a concern of the HOA and not the Planning Commission. He remembers when this development was approved there was a lot of discussion regarding the two story homes and where they would be placed. 14. There being no further discussion, it was moved and seconded by Commissioners Robbins/Abels making a determination that a second story deck does not meet the definition of a second story and does not require compatibility review by adoption of Minute Motion 2002-014. Unanimously approved with Chairman Butler abstaining. Chairman Butler assumed the chair over the meeting. B. Site Development Permit 2002-749; a request of Ponderosa Homes for review of architectural plans for three new prototype residential units located within Tract 29323, northwest of the corner of Fred Waring Drive and Jefferson Street. 1. Chairman Butler asked for the staff report. Associate Planner Wallace Nesbit 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 if the driveway portion would be deleted where the third car garage would be changed to a bedroom. Staff stated this was a question for the applicant. 3. Chairman Butler asked if the applicant would like to address the Commission. Mr. David Hauck, senior project manager for the applicant, stated he agrees with Commissioner Tyler's recommendation. 4. There being no questions of the applicant and no further public comment, Chairman Butler closed the public participation portion of the meeting and opened the meeting for Commission discussion. G :\WPDOCS\PC Minutes\9-3-O2.wpd ~_ 2 Planning Commission Minutes September 3, 2002 5. It was moved and seconded by Commissioners Tyler/Abels to adopt Minute Motion 2002-015, approving Site Development Permit 2002-749, subject to the findings and conditions, as modified. A. Condition added requiring the driveway and curb area of each house where the third car garage is converted to a bedroom be deleted. Unanimously approved. B. Zoning Issues; a request of staff for review of split rail fencing. 1. Chairman Butler asked for the staff report. Community Development Director Jerry Herman 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 they are trying to address the maintenance of the fence rather than trying to hold something in or out of the yard. Is there any broader scope to the question. Staff stated there are different alternatives to wood that are now available and staff is looking for direction. 3. Commissioner Robbins asked if a property owner with a wood front yard fence were to replace it, would he not be able to. Staff stated if it was destroyed more than 50% it would have to conform to the current Ordinance. 4. Mr. Jim McKinley 45-460 Coldbrook, stated they are already established in the Del Rey development, but he is the only one that has been ticketed. 5. Chairman Butler asked staff to address split rail fencing along with construction materials for a future ordinance amendment. 6. There being no further discussion, it was moved and seconded by Commissioners directing staff to schedule this for the Planning Commission meeting of September 24, 2002. Unanimously approved. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: G:\WPDOCS\PC Minutes\9-3-O2.wpd ] ~ Planning Commission Minutes September 3, 2002 IX. COMMISSIONER ITEMS: A. Commissioner Tyler gave a report on the August 8, 2002 City Council meeting. 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 September 24, 2002, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:56 p.m. on September 3, 2002. Respectfully submitted, Be~'y~. S/a~vyer, Executive Secretary City ~ Quinta, California G:\WPDOCS\PC Minutes\9-3-O2.wpd 1_ 4