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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. G:\WPDOCS\PC Minutes\2-25-03.wpd I 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. G:\WPDOCS\PC Minutes\2-25-03.wpd 2 Planning Commission Minutes 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. G:\WPDOCS\PC Minutes\2-25-03.wpd 3 Planning Commission Minutes February 25, 2003 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. G:\WPDOCS\PC Minutes\2-25-O3.wpd 4 Planning Commission Minutes February 25, 2003 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 G:\WPDOCS\PC Minutes\2-25-O3.wpd 5 Planning Commission Minutes February 25, 2003 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. G:\WPDOCS\PC Minutes\2-25-O3.wpd 6 Planning Commission Minutes February 25, 2003 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. G:\WPDOCS\PC Minutes\2-25-O3.wpd 7 Planping Commission Minutes February 25, 2003 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, ' '"' :.,~F~' ~,'"~' , --~B~,llyr~ J. Sj~,.wy'br, Executive ~ecre~:ary City o~a'"Quinta,~"- California ~.\wpr~¢l ~..c,\ p~. Mira ~tA.~\ 2-2 .~-O3.wnd 8