2003 02 25 PC Minutes MINUTES
PLANNING COMMISSION MEETING
A regular meeting held at the La Quinta City Hall
· 78-495 Calle Tampi¢o, La Quinta, CA
February 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 asked Commissioner Abels to 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 Or¢i, Assistant City
Engineer Steve Speer, Associate Planner Greg Trousdell, and Executive
Secretary Betty Sawyer.
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
February 11, 2003. There being no corrections, it was moved and
seconded by Commissioners Abels/Kirk to approve the minutes as
modified. Unanimously approved.
B. Department Report: None.
V. PRESENTATIONS: None
VI. PUBLIC HEARINGS: None
A. Site Development Permit 2001-707 Amendment #1; a request of Trans
West Housing and La Quinta Talante LLC for review of architectural plans
for three prototype single story residential units that range in size from
3,172 square feet to 3,555 square feet for a 12 lot single family
subdivision (Tract 30331, Amendment #1) located on Althea Court, a
private cul-de-sac street on the north side of Avenue 50, east of Tract
28964 and west of Jefferson Street.
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Planning Commission Minutes
February 25, 2003
1. Chairman Butler asked for the staff report. Planning Manager
Oscar Or¢i 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 noted the caliper of trees was below the
City's required minimum and asked that any reference to corner
lots be deleted.
3. Commissioner Abels asked that the tree sizes be brought up to
Code.
4. Commissioner Kirk asked how staff reached the requirement for
the percentage of turf. Staff explained they are the same
conditions placed on the adjoining tract which is also owned by
the applicant.
5. There being no further questions of staff, Chairman Butler asked
if the applicant would like to address the Commission. Mr. Geoff
McComic, the applicant, stated he did not remember a specific
percentage of turf being a condition.
6. Commissioner Kirk noted they were above the 50% turf. Mr.
McComic stated he concurred with the condition.
7. Commissioner Tyler asked if he had any objection to the increase
in the caliper of trees. Mr. McComic stated he had no objection.
Commissioner Tyler commended the applicant on the Talante
development.
8. There being no other public participation, Chairman Butler closed
the public participation portion of the hearing and opened the
matter up for Commission discussion.
9. Commissioner Robbins stated he did not agree with Commissioner
Abels comment on the quality of the application package.
Discussion followed regarding the application package and the
quality of the house product.
10. Commissioner Kirk commented on the quality of the product, but
still thinks there is too much turf.
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February 25, 2003
11. There being no further discussion, it was moved and seconded by
Commissioners Tyler/Abels to adopt Minute Motion 2003-004,
approving Site Development Permit 2001-701 Amendment //1,
amending the caliper of tree size to 1.5 inches. Motion passes
with Commissioner Robbins voting no.
VII. BUSINESS ITEMS:
A. Sign Application 2002-616, a request of Graphic Resources for Desert
Automotive, LLC for a revision to a previously approved sign program for
the car dealership located at the southwest corner of Simon Drive and
Highway 111
1. Chairman Butler asked for the staff report. Community
Development Director Jerry Herman informed the Commission that
the applicant had requested a continuance of this item to the next
Planning Commission meeting.
2. There being no discussion, it was moved and seconded by
Commissioners Robbins/Kirk to continue Sign Application 2002-
616 to March 11, 2003. Unanimously approved
C. Discussion of Zoning Issues, a request of staff for review of zoning
issues pertaining to side yard setbacks and second story definitions.
1. Chairman Butler asked for the staff report. Planning Manager
Oscar Ordi gave the staff report, a copy of which is on file in the
Community Development Department.
2. Chairman Butler asked if any changes would require a Zoning
Ordinance change. Staff noted it would require a public hearing
at a later date with final action by the City Council. Chairman
Butler asked if these changes are approved will it alleviate the
accidental setback problems that have been occurring. Staff
noted the applicant will always have the opportunity to apply for
a variance to allow the deviation.
3. Side Yard Setbacks. Commissioner Robbins stated he understands
the basic side yard setbacks are five feet per side. This setback
.__ is appropriate in the Cove, but in other areas where you have
larger lots, it is inappropriate to have 3500 houses with five foot
side yard setback on both sides of the house. The Commission
should consider increasing it to a total of 1 5 feet, or ten feet.
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a. Commissioner Abels asked if this was from the overhang or
sidewall.
b. Commissioner Robbins stated from the sidewall.
c. Chairman Butler noted a development where the houses
were developed to the maximum of the lot.
d. Commissioner Robbins stated the lifestyle they are trying to
achieve for La Quinta is not the "cram it in" development
that utilizes every inch of the lot. The other issue is that
when it is a five foot minimum, it should not allow garden
windows, etc. where you cannot walk down the side of the
house.
e.~ Chairman Butler noted the Commission should take public
comment before making any more recommendations.
f. Commissioner Robbins stated he understood that if there is
a large side yard setback, the Code requires that if there is
pool equipment, etc., it is to has a have five foot sideyard
setback.
g. Chairman Butler asked if there was any public comment.
Mr. Joe Swain stated he currently has a community called
Tapestry in Cathedral City that has a problem with the five
foot side yard setback. They would like to have an
allowance where they can install the air conditioning
condenser 30 inches square on the side yard with five feet
between the house and property line that would be on the
dead side of house. Access to the backyard would be
denied on this side of the yard. The other side would have
the freedom of flow. Air conditioning condensers in the
back yard where you are actually living, and is a nuisance.
h. Commissioners questioned why there is a requirement for
the buffer. Staff stated it was .established by the
Commission in the past. Community Development Director
Jerry Herman stated there are many ways to accommodate
the condenser such as indenting the wall. The five foot
was created solely for access.
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i. Chairman Butler noted some exceptions to this requirement.
Community Development Director Jerry Herman noted that
if they were approved under a specific plan, they can
deviate from this requirement.
j. Commissioner Tyler asked why the air.conditioning unit was
put in the side yard instead of adjacent to the garage. Why
isn't there more variation in where it can be located? Mr.
Swain stated the condenser is normally placed in line with
the FAU for efficiency. Condensers in the garage are not
conducive for good operations. In regard to pool equipment
it seems to make sense to have it in a pool enclosure. In
regard to front yard setbacks the present day garage has a
20 foot setback to allow stacking. If you have a side turn
garage you have a provision for 1 5 feet from the property
line. They have a unit that has an option to have a side
turn garage, or a bonus room and from the street you
cannot tell what it is. They would like the Commission to
consider having a 1 5 foot setback provision.
k. Commissioner Tyler stated the same applies to casitas
units.
I. Commissioner Robbins stated that a 20 foot setback would
not necessarily 'be consistent. In some developments the
property line is the back of curb, and other developments
the property line might be seven to ten feet behind the
curb. It depends upon what right of way widths were used.
It should be consistent such as 25 feet from the back of the
curb.
m. Commissioner Kirk asked that this be added to the issues to
be discussed.
n. Mr. Mike Marix, Cornerstone Developers, stated he agrees
with Commissioner Tyler's Comment regarding casitas
units.
o. Chairman Butler stated there are many issues in regard to
each issue and questioned whether the Commission should
provide direction to each issue. Staff suggested the
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Commission generally discuss the issues and staff would
prepare some options for the Commission to consider at the
next meeting.
p. Commissioner Kirk stated one easy issue is to place pool
equipment in the back of the lot. Staff suggested having
the equipment next to the property line with a restriction
that it be so many feet from the house.
q. Commissioner Robbins stated he didn't believe there was
any difference in sound whether it is up against the wall or
setback. Community Development Director Jerry Herman
asked if they were looking to change the five foot clear
access. There is no requirement to allow the condenser
next to the house or Wall. Commissioner Robbins.stated
the Code states it has to be five feet from the wall and
from the house.
r. Commissioner Kirk suggested locating it on the dead side
yard with a two foot setback. Staff stated the issue has
been to have a clear access to the backyard and reviewed
the requirements as they now exist.
s. Mr. Mike Marix, Cornerstone Developers, asked that the
Commission consider each item separately. This is
important to him as they are in the grading phase on two
developments.
t. Commissioner Robbins asked how they would feel about a
total of 1 5 feet for the setback with a minimum of five feet.
This would allow flexibility of where the house is placed on
the lot. Mr. Marix stated it is a hard issue to answer, as
there are many different facets to the problem.
u. Commissioner Tyler asked staff to look at the Rancho
Mirage model and see if it lends any information.
v. Commissioner Robbins asked about the popouts, etc. that
are allowed to enter into the side yard setback. If the
setback is five feet it should be held to that. Mr. Marix
stated fireplaces are another issue. They are an
encroachment into the setback.
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w. Commissioner Kirk stated some zero lot line approaches are
a possible solution.
x. Commissioner Robbins suggested looking at requiring a
variable on the side yard and where to put the pool and air
conditioning equipment.
y. Staff summarized the Commission's discussion, which
included modifying the setbacks to have a five foot
minimum and a 15 foot requirement. Allowing the
condensers and pool equipment in the side yard as long as
there is a five, or three foot space.
z. Commissioner Kirk suggested one of the side yard setbacks
have a five foot clearance and the other side yard could be
anything. Staff noted both sides should have a clearance
for fire control.
aa. Staff asked if it was the Commission direction that there
were to be no more intrusions with the fireplaces or
windows into the side yard. Commissioner Kirk stated he
has no issue if it is on the dead side.
bb. Commissioner Robbins asked that they be brought back at
one time for the public hearing, but as each issue is brought
to the Commission staff would bring the prior discussion
summarization what had been agreed to. It was determined
that all zoning issues pertaining to residential units would be
one public hearing and the commercial issues at a separate
hearing.
4. Second Story Definitions. Staff explained that a resident had
requested a change in the interpretation of a second story and
staff was bringing it to the Commission for their review and
discussion.
a. Chairman Butler stated that as explained, he would not be
in favor of any changes to the current definition of a second
story.
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a. Commissioner Robbins suggested granting a waiver. Staff
explained there has to be a hardship for a variance. City
Attorney Kathy Jenson stated it is expanding a
nonconforming use. This is beyond what the Code allows.
b. Commissioner Tyler asked about decks. Staff noted they
were not addressed at this time. Commissioner Tyler
suggested leaving it as it is written.
c. Commissioner Kirk stated that if it is within the building
envelope, he has no issue. Staff stated there was an issue
with windows. Commissioner Kirk suggested not allowing
windows, but perhaps skylights.
d. Commissioner Robbins asked if it would be an issue if there
was no window. Staff noted this could be done if you
restricted it to slant roofs only.
e. It was the consensus of the Commissioners to not t.o make
any changes to the Code.
VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None.
IX. COMMISSIONER ITEMS:
A. Commissioner Kirk gave a report of the City Council meeting of February
4, 2003.
B. Commissioner Abels gave a report on The Hideaway open house.
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 March 11, 2003, at 7:00 p.m. This
meeting of the Planning Commission was adjOurned at 8:30 p.m. on February 25,
2003.
__~ectfully submit.ted,
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--~B~,llyr~ J. Sj~,.wy'br, Executive ~ecre~:ary
City o~a'"Quinta,~"- California
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