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2003 06 24 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 24, 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, Associate Planner Wallace Nesbit, and Executive Secretary Betty Sawyer. II. puBLIc COMMENT: None. III. CONFIRMATION OF THE AGENDA: IV. CONSENT ITEMS: 1. Chairman Butler asked if there were any corrections to the Minutes of June 10, 2003. There being no corrections, it was moved and seconded by Commissioners Abels/Robbins to approve the minutes as submitted. Unanimously approved. 2. Department Report: None V. PRESENTATIONS: None VI. PUBLIC HEARINGS: None A. Continued - Environmental Assessment 2002-462, Specific Plan 2.002-062 and Site Development 2002-754; a request of Marinita Development Company for: 1 ) Certification of a Mitigated Negative Declaration; 2) review of development principles and design guidelines for a 50,000 square foot market, 23,000 square foot drug and retail store, and 20,970 square feet of retail shops. Planning Commission Minutes June 24, 2003 1. Planning Manager Oscar Orci informed the Commission the applicant had requested a continuance to the meeting of September 9, 2003. 2. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abels to continue the project to September 9, 2003. Unanimously approved. B. Site Development Permit 2003-773; a request of California Cove Communities for consideration of architectural plans for three new single family prototype residential units with two different elevations for each unit within the Greg Norman Golf Course development located at the northeast corner of Madison Street and Airport Boulevard. 1. Planning Manager Oscar Orci informed the Commission the applicant had requested a continuance to the meeting of July 8, 2003. 2. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abels to continue the project to July 8, 2003. Unanimously approved. C. Site Development Permit 2003-725, Amendment #1; a request of Vons, a Safeway Co. for consideration of a waiver of the requirement to install a bus shelter on the south side of Highway 111 for the Plaza La Quinta Shopping Center as required by Condition #12 of Planning Commission Resolution 2003-022 for the property located at the southwest corner of Washington Street and Highway 111 within Plaza La Quinta. 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. Chairman Butler asked if there were any qUestions of staff. Commissioner Kirk asked when Highway I 11 would be built out to its ultimate right of way. Staff stated it will not be widened on that side. 3. Commissioner Robbins asked how anything could be widened as it appears to be at its ultimate width. Staff stated Caltrans recognized the existing constraints so they chose to build the G :\WPDOCS\PC Minu'~es\6-24-O3WD.doc Planning Commission Minutes June 24, 2003 street on the north side. The street is not six lanes in Indian Wells so this was a natural transition. ,, 4. Commissioner Tyler asked how often, or important, this bus shelter was. Staff stated Sunline indicated it was an important stop. Commissioner Tyler asked if the existing shelter would remain. Staff stated yes. 5. Commissioner Kirk asked if there was any latitude to have them replace it with the new bus shelter and not construct the turnout. Staff stated Caltrans was requiring the street improvements and it is a State Highway which they have jurisdiction over. Community Development Director stated the City may at some time pay for the turn out, but not at this time. ,, 6. There being no further questions of staff, and the applicant not being present, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 7. Commissioner Kirk stated he would prefer a letter be sent to Caltrans stating the City does not want to construct the turnout, but wants the new shelter and if they will not allow it without a turnout, the applicant shall put the money into a fund for a future installation. 8. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-041 approving Site Development Permit 2003- 725, Amendment//1. Motion withdrawn 9. It was moved and seconded by Commissioner Kirk/Abels to adopt Planning Commission Resolution 2003-041 approving Site Development Permit 2003-725, Amendment//1, as amended: a. Conditions //12: Applicant shall work with 'staff to inquire from Caltrans if the construction of a turnout pocket is required to replace the existing bus shelter with a City approved bus shelter. Should Caltrans not require construction of a turnout pocket, the applicant shall replace the existing bus shelter with a City approved bus shelter, in accordance with all applicable requirements. Should Caltrans require construction of the turnout pocket, the applicant shall give the City Twenty-Three Thousand Dollars G :\WPDOCS\PC MINUTES\6-24-O3WD.DOC 3 Planning Commission Minutes June 24, 2003 ($23,000), or the actual costs of constructing a future new bus shelter. This shall be completed within 90-day of this approval. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. D. Site Development Permit 2002-771; a request of Larry Andrews for consideration of development plans fOr construction of a I 1,200 square foot commercial office building in an approved commercial office complex located on the east side of Washington Street, southeast of Avenue 47. 1. Chairman Butler opened the public hearing and 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 how the requirement for the building to be sprinklered is handled when the buildings are split. Staff stated both buildings will be required to-be sprinklered per the Fire Department. Commissioner Tyler asked about the parking requirements. Staff stated the parking is adequate per the Specific Plan. 3. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Dave Prest, representing the applicant, stated both buildings would be sprinklered. 4. There being no questions of the applicant and no other public participation, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 5. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-042', approving Site Development Permit 2003- 771, as amend: a. Condition added: Both buildings would be required to have sprinklers. G:\WPDOCS\PC MINUTES\6-24-03WD.DOC 4 Planning Commission Minutes June 24, 2003 ROLL CALL: AYES' Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES' None. ABSENT: None. ABSTAIN' None. E. Conditional Use Permit 2003-076 and Tentative Parcel Map 31253; a request of Winchester Development for consideration of a request to allow development within the Hillside Conservation District and approval of a division of 20 acres into two residential lots for the property located west of Jefferson Street, south of Quarry Lane. 1. Chairman Butler opened the public hearing and 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 there were any questions of staff. 3. There being no further questions of staff, Chairman Butler asked if · the applicant would like to address the Commission. Mr. John Shaw, representing the applicant, gave a presentation on the project and stated he was available to answer any questions. 4. There being no questions of the applicant, and no other public comment, Chairman Butler asked if there was any other public comment on this project. 5. There being no other public participation, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 6. Commissioner Robbins complimented the applicant on the proposal and as the project is in compliance with the Hillside Ordinance, he supports the project. 7. Commissioner Kirk stated he too was concerned about the original parcel application, but was very much in favor of the redesign. 8. There being no further discussion, it was moVed and seconded by Commissioners Tyler/Kirk to adopt Planning Commission Resolution 2003-043, approving Conditional Use Permit 2003- 076, as recommended. G :\WPDOCS\PC MINUTES\6-24-O3WD.DOC 5 Planning Commission Minutes June 24, 2003 ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. 9. It was moved and seconded by Commissioners Kirk/Robbins to adopt Planning Commission Resolution 2003-044, recommending approval of Tentative Parcel Map 31253, as amended: a. Condition #46: Changed to "length may be 20 feet wide". b. Condition #47-50: Deleted c. Condition #59: Amended to read, "The driveway easement..." d. Condition #63: Deleted' , ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. F. Continued - Zoning Ordinance Amendment 2003-076; a request of the City for consideration of an amendment to the Zoning Code relating to Front and Side Yard Setbacks and Lot Sizes: for Sections 9.30.020, .030, .040, .050, .060,.070 - Residential Districts; Section 9.50.070.B - Residential Development Standards; Section 9.60.060.B - Supplemental Residential Regulations; Section 9.60.320.C - Resort Residential; Table 9.2 - Residential Development Standards; Figure 9.1 - Development standards: RVL and RL Districts; Figure 9.2 - Development Standards: RC Districts; Figure 9.3 - Development Standards: RM and RMH Districts; Figure 9.4 - Development Standards: RH and RSP Districts 1. It was moved and seconded by Chairman Butler/Commissioner Robbins to continue discussion of Zoning Code Amendment 2003- 076 to Planning Commission meeting of July 8, 2003. Unanimously approved. VII. BUSINESS ITEMS: A. Review and Clarify the use of banners and flags, including the American Flag, for temporary advertising considerations; a request of Bart Rinker for the property located at 47-120 Dune Palms Road. 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. G :\WPDOCS\PC MINUTES\6-24-03WD.DOC 6 Planning Commission Minutes June 24, 2003 2. Chairman Butler asked if there were any questions of staff. Chairman Butler asked if the applicant was aware that the Flag had to be lighted at night, or taken down. Staff stated they did inform the applicant of regulations governing the flying of a U.S. flag. Chairman Butler asked if the applicant had been notified that the leasing banners being used by the applicant are in violation. Staff stated yes. 3. Commissioner Robbins asked how subdivisions are able to use the flags. Staff stated a model home complex is allowed a certain number of flags, but commercial projects do not have a provision in the Code. 4. Commissioner Tyler stated he did not find the four flags referred to in the staff report when he viewed the site. Staff stated the east side did have a flag. ~ 5. Chairman Butler asked if the applicant would like to address the Commission. Mr. Bart Rinker, the applicant, stated his request was to have the project up and filled with revenue generating tenants. They are trying to gain as much visibility as possible. The building is tucked back off the main thoroughfare and this is an attempt to gain interest in the building. 6. Chairman Butler stated this is a unique request for businesses that are set back off of along Highway 111. It is a concern of the property owners, but he cannot make any correlation between this and the auto dealers. 7. Commissioner Kirk stated he believes it was a mistake to allow the automalls the use of the banners. This is an example of how there should not be regulations allowing banners. He is in favor of a more rigorous enforcement of the sign regulations. He does have empathy for this property owner, but at the same time they are not paying the high prices for the Highway 111 frontage and should adjust their marketing to accommodate it. He would not agree with changing the Ordinance. 8. Commissioner Robbins stated he concurs with most of what Commissioner Kirk has stated, but he does not want to restrict anyone from being able to display of the American flag. However there is a difference between a display and abuse of the flag. G :\WPDOCS\PC MINUTES\6-24-O3WD.DOC 7 Planning Commission Minutes June 24, 2003 9. Commissioner Tyler stated there are banners prevalent throughout the City, regardless of what the Zoning Code states. He agrees that the use of the American flag for advertising purposes should not be permitted. He agrees there are issues that need to be resolved. He does not believe the current banners are offensive. . He believes the City should do everything they can to help the applicant get his business up and going. He would not support Option 2 of the staff report. 10. Chairman Butler stated he believes this issue goes further than just this applicant. There is a need for businesses that are set back off of Highway 1 1 1 to gain some kind of recognition. Chairman Butler asked if they have any signage along Highway 1 1 1. Mr. Rinker stated there is a monument sign just past the gas station. They could do something more tasteful without using the banners. 1 1. Commissioner Robbins asked if the spaces were leased as each space would be allowed a sign over the doorway. He asked if i~ was possible for them to come in with a sign program that complies with the Sign Ordinance. Staff stated the Code allows temporary banners for grand openings only. This applicant cOuld amend his Specific Plan to allow banners, or some other type of advertising, but staff cannot allow additional banners, without amending the Code. 'Staff would recommend this subject come back to the Commission under a Zoning Code Amendment. 1 2. Chairman Butler asked if commercial businesses could have flags. Staff stated as long as it does not advertise. City Attorney Kathy Jenson read from the Code. The applicant stated that he would need to amend his Specific Plan to allow the flags. Staff stated there are several alternatives for the Commission to consider. Discussion followed regarding alternatives. 13. Mr. Rinker stated he could come back with an amendment to his Specific Plan. He asked that he be allowed to have the temporary banners until this is resolved. City Attorney Kathy Jenson stated the Planning Commission does not have the authority to suspend any Code violations. Mr. Rinker stated he agrees, but the fact remains there is no parity with the commercial lands. Auto dealers go way beyond what is allowed and yet he is not allowed any leverage. G:\WPDOCS\PC MINUTES\6-24-O3WD.DOC 8 Planning Commission Minutes June 24, 2003 14. Commissioner Tyler asked that since the Specific Plan applies to four of the original parcels owned Lapis Energy Development, who has control over the individual sites. Staff stated any of the property owners can submit an application to amend the Specific Plan. 1 5. Staff was directed to agendize this item for a future meeting. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: 1. Commissioners expressed their appreciation of Chairman Butler and Commissioner Robbins for their participation on the Commission and wished them well as they leave the Commission. 2. Commissioner Robbins expressed his appreciation of having been able to serve on the Commission. 3. Chairman Butler thanked the Commission and staff for their assistance and pleasure he has had serving on the Commission. 4. Commissioner Kirk stated he appreciates the appreciation their has been for each other as the City has experienced growth. 5. Community Development Director Jerry Herman thanked the Commissioners for their time and involvement in the City. It has been a joy to serve with them. 6. Commissioner Abels gave a report of the City Council meeting of June 17, 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 on July 8, 2003, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:1 6 p.m. on June 24, 2003. G:\WPDOCS\PC MINUTES\6-24-O3WD.DOC 9