Loading...
2003 03 25 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 25, 2003 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 lead the flag salute. B. Present: Commissioners Jacques Abels, Tom Kirk, Steve Robbins, Robert Tyler and Chairman Butler. C. Staff present: Community Development Director Jerry Herman, City Attorney Kathy Jenson, Planning Manager Oscar Orci, Assistant City Engineer Steve Speer, and Principal Planner Fred Baker. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: IV. CONSENT ITEMS: A. Chairman Butler asked if there were any corrections to the Minutes of March 11, 2003. Commissioner Tyler asked that Page 2, Item A.2. be corrected to read," .... from the existing parking lot."; Page 14, Item 15 corrected to read, "...if there was an equestrian overlay..." There being no further corrections, it was moved and seconded by Commissioners Kirk/Abels to approve the minutes as amended. Unanimously approved. B. Department Report: Planning Manager Oscar Orci gave a report on front yard landscaping requirements for Tract 28964 and Tract 30331. Staff recommended establishing standards that would incorporate the landscaping requirements approved by CVWD. Commissioner Kirk stated his question was how the City was conditioning the tracts to meet the 50% landscaping for the front yard. Staff stated it was not accomplished with the original approval. Commissioner Robbins informed the Commission that CVWD had approved the new Water Use Ordinance which was the first step and would now need to be approved by all the Valley cities. Staff stated processing the Ordinance would take a couple months as well as creating a plant palette that could be used by developers. Commissioner Kirk asked if staff could impose landscaping G:\WPDOCS\PC Minutes\3-25-03.wpd I Planning Commission Minutes March 25, 2003 conditions without having an ordinance in place. City Attorney Kathy Jenson stated yes; given water concerns it is appropriate to impose either a mitigation measure or design guidelines to preserve a goal on a case by case basis. Commissioner Kirk stated he was concerned that an applicant would not know if there was a requirement in place. Discussion followed and staff would follow up by bring the proposed water ordinance back to the Commission. V. PRESENTATIONS: None VI. PUBLIC HEARINGS: None A. Environmental Assessment 2002-463, Site Development Permit 2002- 755, and Conditional Use Permit 2002-073; a request of Father Jack Barker/St. Francis of Assisi for certification of a Mitigated Negative Declaration of environmental-impact, approval to allow the expansion of the existing uses on a 14.03 acre site, and consideration to allow church uses within the Low Density Residential Zoning District for the expansion of the parking lot, with an additional entry, landscaping and retention areas and vacation of a right-of-way on 2.16 acres. 1. Planning Manager Oscar Orci informed the Commission a request had been received to continue this item to April 22, 2003. 2. It was moved and seconded by Commissioners Robbins/Tyler to continue this item to April 22, 2003. Unanimously approved. B. Continued - Siqn Application 2003-682; a request of Dale Frank for review of a proposed sign program for the Washington Park Commercial Center, bounded by Highway 111, Adams Street, Washington Street, and Avenue 47. 1. Staff informed the Commission a request had been received to continue this item to April 8, 2003. 2. It was moved and seconded by Commissioners Abels/Tyler to continue this item to April 8, 2003. Unanimously approved. C. Street Name Change 2003-014; a request of Old Town La Quinta, LLC for consideration of a street name change from Avenida Buena Ventura to Main Street for the street east of Avenida Bermudas, south of and parallel to Calle Tampico. G:\WPDOCS\PC Minutes\3-25-03.wpd 2 Planning Commission Minutes March 25. 2003 1. Chairman Butler opened the public hearing and asked for the staff report. Planning Manager Oscar Orci 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. There being no applicant present and no other public participation, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 3. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 2003-015, approving Street Name Change 2003-01 4, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. D. Zone Change 2003-11 3; a request of the City for adoption of the City's Official Zoning Map. 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. 2. Chairman Butler asked if there were any questions of staff. Commissioners asked staff to indicate the City boundary limits and the sphere of influence area, which staff did on the City map. 3. There being no further discussion and no public comment, Chairman Butler closed the public hearing and opened the matter to Commission discussion. 4. It was moved and seconded by Commissioners Tyler/Robbins to adopt Planning Commission Resolution 2003-01 6 approving Zone Change 2003-11 3, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. G:\WPDOCS\PC Minutes\3-25-O3.wpd 3 Planning Commission Minutes March 25, 2003 VII. BUSINESS ITEMS: A. Continued - Appeal of Public Nuisance Cases 7397 and 7398; a request of Donald and Patricia Cross for consideration of an appeal of a Public Nuisance Determination for the property located at 78-570 Saguaro Road. 1. Commissioner Tyler informed the Commission that he and the Appellant had been long term friends and he had discussed this case at length with City staff and therefore, believes he is unable to render an impartial objective opinion on this matter and requested to recuse himself and left the dais. 2. Commissioner Abels stated that since the City did not have any standards for this type of wall, he would like to request a continuance of this case and direct staff to obtain standards from other cities in the Valley. 3. Chairman Butler expressed concern that the wall was unfinished and inquired how long staff would feel comfortable continuing it. 4. Commissioner Robbins asked if other cities have a code for this type of wall and/or do they require an engineer to prepare calcs for this type of wall? Community Safety Manager John Hardcastle stated he would have to refer the question to the Building and Safety Manager as they are only responsible for enforcement of the City Codes in that there was no building permit pulled for this wall. Building and Safety Manager Greg Butler stated he was unable to speak about what standards other cities might have in regard to this type of wall. The Director of the Department informed him that all the other cities in the Valley do require permits for walls. 5. Commissioner Abels asked if the other cities had standards. Staff replied that was unknown at this time. 6. Commissioner Robbins stated he has a hard time when a resident is trying to improve their property and yet he understands when there are code violations that need to be addressed. 7. Commissioner Kirk asked that the appellant be given an opportunity to speak. Ms. Pat Cross, the appellant, stated they G :\WPDOCS\PC Minutes\3-25-O3.wpd 4 Planning Commission Minutes March 25, 2003 have tried for many years to get a permit for this structure. They were given different information at different times. They have requested from the Building Department, standards and were told there were none and were requested to have it engineered. She has been unable to find out who the engineer was and construction of the wall has stopped pending a decision. They agree with what the Commission is proposing. 8. There being no discussion, it was moved and seconded by Commissioners Robbins/Abels to continue Public Nuisance Cases 7397 and 7398 to April 8, 2003, to allow staff the opportunity to investigate whether other cities in the Valley have any standards for this type of wall. Unanimously approved with Commissioner Tyler being absent. B. General Plan Consistency Finding 2003-002; a request of Desert Sands Unified School District for finding of General Plan conformity for the construction of a Middle School and Alternative Education Complex for the property located on the east side of Washington Street, south of Darby Road. 1. Chairman Butler asked for the staff report. Planning Manager Oscar Orci presented the information contained in staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Tyler asked Where the City limits were in relation to what was shown. Staff indicated the City limits on the applicant's site plan. Commissioner Tyler indicated there was very little land left north of Palm Royale Drive after its reconfiguration. Staff indicated there was a small piece that was zoned High Density. 3. Chairman Butler asked if the School District would be responsible for all the road improvements. Staff stated the City did not know what the District's plans were for entitlements. It is assumed that if they reconfigure Darby Road they will have to construct the appropriate infrastructures including the roads. Chairman Butler ,stated he understood that Palm Royale Drive would be signalized upon improvement of this road. Staff stated that is the desire, but it is unknown as to whether or not it has been decided upon. 4. Commissioner Tyler expressed his concern that there are a lot of issues that had not be determined as of yet. Staff indicated this request was before the Commission for a determination of General G :\WPDOCS\PC Minutes\3-25-03.wpd 5 Planning Commission Minutes March 25, 2003 Plan consistency. Desert Sands Unified School District will adopt a resolution exempting themselves from the City's regulations. The City will only be reviewing the traffic, storm water, and other environmental issues and this will be done administratively. Commissioner Tyler expressed his concern regarding the circulation pattern. Discussion followed regarding the site and circulation plan. Commissioner Tyler asked how close the school buildings were to the existing residential. Staff explained this was all conceptual. Commissioner Tyler asked if the City shouldn't be addressing these issues. Staff explained that when the District adopts a resolution exempting themselves the City's regulations, the City no longer has any authority on the project. The District will do their own environmental, processing, and the State architect approves the plans and does the inspections. The City is a Responsible Agency and will have an opportunity to comment on the environmental impacts including, but not limited to, the location of structures, circulation, and other environmental impacts. 5. Commissioner Kirk asked what would happen if the Planning Commission did not find this to be consistent ,with the General Plan. Commissioner Robbins stated they do not buy the land. Staff stated the City has never reviewed any school plan for any 'school within the City. They have only made General Plan consistency findings. 6. Commissioner Tyler stated those schools were on existing streets and this one, the street is not constructed. Staff stated that if the District wants access, they will have to construct the street. 7. Commissioner Robbins asked staff to explain an "Alternative Education High School". Staff stated it consists of several different programs/schools for students that may not be able to adjust to the standard curriculum as well as students who need/want specific training. The Horizon School is being proposed for students who are in home schooling and others with special needs. 8. Chairman Butler asked if there were any other questions of staff. There being no further questions and no public comment, the public hearing was closed and open for Commission discussion. G:\WPDOCS\PC Minutes\3-25-O3.wpd 6 Planning Commission Minutes March. 25, 2003 9. Commissioner Robbins stated his concerns were regarding safety issues, especially on Washington Street. Another concern is having a middle school adjacent to Washington Street. City Attorney Kathy Jenson stated the limited question before the Commission is whether or not putting a school at this site is consistent with the City's General Plan. The Commission can go through the General Plan to determine whether it is consistent with the Land Use Element, but schools are permitted in that General Plan designation. In regard to traffic and circulation, in order to find the project inconsistent, the Commission would have to find an inconsistency with the General Plan. The questions being raised by the Commission are questions that will have to be addressed by the School District as the lead agency in their environmental documentation, but this is not an issue for the City to determine. The City does have the ability to raise issues during the environmental review process. The City can be an objecting party and/or file a lawsuit challenging the CEQA compliance. The State does have additional requirements the School District has to go through for the construction of school locations. 10. Commissioner Kirk stated the issues raised relate directly to the Traffic and Circulation Element and even though he may disagree with some of the points raised by Commissioner Robbins, they are relevant to this discussion. If a particular school at this site conflicts with the goals and objectives found in the Traffic and Circulation Element, it seems to be a rationale for making a decision about consistency with our General Plan. 1 1. Chairman Butler stated this appears to be an issue the City can raise during their environmental review period. 1 2. City Attorney Kathy Jenson stated that if there was a policy in the General Plan that is inconsistent, or they are going to be violating, then the Commission would have a basis for denial, or a finding that it is not consistent, but it has to be based on the policies and goals set forth in the General Plan. 13. Commissioner Kirk stated the staff report indicates the Element indicates the need to establish and maintain a transportation circulation network that efficiently, safely and economically moves people. One of the Planning Commissioners is saying it may not safely do this at this school site. G :\WPDOCS\PC Minutes\3-25-03.wpd 7 Planning Commission Minutes March 25, 2003 1 4. Community Development Director Jerry Herman stated this school site does not have access to Washington Street without controlled intersections. Palm Royale Drive will have traffic signals at both ends, so there is no parent drop-off on Washington Street. All school traffic will be controlled on the interior along with the bus route in, and out of the school site. All the students will be crossing at intersections with traffic signals. 15. Commissioner Robbins asked if the Commission had the ability to require at a later date, that a deceleration lane be installed on Washington Street at Darby Road. 1 6. City Attorney Kathy Jenson stated this would be a comment to be made during the environmental review. The City does have jurisdiction over street improvements. 17. Commissioner Robbins asked if the School District did not observe a request the City made about a deceleration lane, the only option the City would have at that time would be to file a lawsuit. City Attorney Kathy Jenson stated that was correct. 18. Commissioner Kirk asked if a condition could be placed on a consistency finding. City Attorney Kathy Jenson stated no. 19. Chairman Butler asked if there was any method whereby the School District could be notified of the concerns raised by the Commission. Community Development Director Jerry Herman stated a letter could be sent expressing the Commissions concerns regarding traffic and ask them to address them during their review and/or design of the school site. 20. Commissioner Tyler expressed his concern about the truck traffic on Darby Road. 21. There being no further discussion, it was moved and seconded by Commissioners Robbins/Tyler to adopt Planning Commission Resolution 2003-017 determining a consistency with the General Plan, with the concerns as noted. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. G:\WPDOCS\PC Minutes\3-25-O3.wpd 8 Planning Commission Minutes March 25, 2003 C. Discussion of Zoning Issues, a request of staff for review of zoning issues pertaining to front yard setbacks and review of the side yard setback summary. 1. Chairman Butler asked for the staff report. Planning Manager Oscar Orci presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Robbins stated he was comfortable with a smaller front yard setback for a casitas of 1 5 feet, if there is no driveway where cars would park. If you had a side entry garage that had a potential of a bonus room on the street side, he would have no issue with that reduction. His concern is the same, that a 20 foot setback is not always 20 feet depending on whether the streets are private or public. There needs to be a way to measure this that will keep the distance consistent. He would recommend it be a standard 25 feet from the back of the curb. On the side yard issue he would like the total side yard setback set at 1 5 feet with a five foot minimum. Also, when there is a 15 foot side yard, the pool equipment, etc., can be installed next to the fence. 3. Commissioner Kirk stated he agrees with the pool equipment being installed against the wall in either the rear yard or side yard. In regard to the setbacks, he agrees with Commissioner Robbins that there should be some consistency. The 25 foot requirement might work, but he is uncertain about the 1 5 foot approach for the side yard and not counting architectural projections such as fireplaces. It will depend upon the context which will make it difficult to write a standard that will take all the variations into account. In a high density affordable residential development, he would not object to allowing popouts, fireplaces, etc., in the side yard where there is no access to the front yard, of two or three feet, and there was a 10-15 foot sideyard setback on the other side. Staff stated a specific plan would accommodate this for an affordable housing project. 4. Commissioner Robbins stated his concern is that all developments would try to do this. He would prefer a more conservative approach for the general requirements. When an affordable housing project needed adjustments, it would be accomplished under a specific plan. G:\WPDOCS\PC Minutes\3-25-03.wpd 9 Planning Commission Minutes March 25, 2003 5. Commissioner Kirk stated that in regard to a standard subdivision he would like to see some flexibility to move the home around within the lot constraints. 6. Commissioner Robbins concurred; this was what he was referring to with the 15 foot setback. In general, he does not believe the City should cram so many items together on a single lot. 7. Chairman Butler stated a concern that on the Cove lots, if you put a 15 foot setback on one side and five feet on the other you will change the dimensions of the house to gain square footage by elongating the house. He would prefer a compromise that would allow the popouts, chimneys, etc., on the side of the home that does not have access to the backyard. 8. Commissioner Robbins stated he agreed if every lot was 72 feet by 100 feet. He would hope that in the future, the lots would not be this size. In regard to the front yard, by setting the setback at 25 feet from the curbline, it gives flexibility as well. 9. Chairman Butler stated he is concerned because he knows the developer will build to the maximum allowable. He suggested considering the size of the lots when determining the setbacks. He agrees with the front yard setback being the curbline measurement. Discussion followed regarding alternative methods. 10. Commissioner Tyler stated that reading the minutes of the City Council, they expressed a desire for openness in the City. Developers will object because larger lots mean more money and costs. He agrees with Commissioner Robbins in giving the developer an envelope wherein they can shift the house within. In regard to popouts, he would suggest limiting them to a certain distance from the house. Not all houses have a "dead" side to them. He agrees with the front yard setback being determined by the curbline, but there needs to have a variety in the front yard setbacks so the houses are staggered. 11. Staff summarized that the Commission preferred option #5 on the staff report for the side yard setback which is a total 15 foot aggregate side yard setback with a minimum distance of five feet. There are still some issues in regard to popouts. Staff will prepare alternatives when this is brought back. ~G:\WPDOCS\PC Minutes\3-25-O3.wpd 10 Planning Commission Minutes March 25, 2003 12. Chairman Butler stated he would like to see the back of curb setbacks on side- and front-loaded garages and casitas units. 1 3. Commissioner Kirk stated that if the intent is both openness and diversity of design in placement of the building on the lot, there are a variety of tools and staff could be directed to look into those. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Commissioner Tyler gave a report of the City Council meeting of March 1 8, 2003. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Robbins to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held April 8, 2003, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:08 p.m. on March 25, 2003. Respectfully submitted, / ?~~y O:~yer, Execute Secretary ~" City °f...~.~uinta, California G:\WPDOCS\PC Minutes\3-25-03.wpd I I