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2003 07 08 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 8, 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 Vice Chairman Tyler who lead the flag salute. B. Present: Commissioners Jacques Abels, Rick Daniels, Tom Kirk, Paul Quill, and Vice Chairman Robert Tyler. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney Michael Houston, Planning Manager Oscar Orci, Assistant City Engineer Steve Speer, Principal Planner Stan Sawa, and Associate Planner Greg Trousdell. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: A. It was moved and seconded by Commissioners Abels/Kirk to amend the Agenda to take Item "H" as Item "B", and reorganize the Agenda accordingly. Unanimously approved. B. Vice Chairman Tyler introduced the two new Commissioners, Rick Daniels and Paul Quill, and welcomed them to the Commission. IV. ELECTIONS: A. Vice Chairman Tyler opened the nominations for Chairman. It was moved by Commissioners Abels to nominate Tom Kirk as Chairman. There being no further nominations, the nominations were closed and Tom Kirk was unanimously elected as Chairman. B. Chairman Kirk assumed the Chair and nominated Jacques Abels as Vice Chairman. There being no further nominations, Jacques Abels was elected Vice Chairman with Commissioner Tyler voting no. Planning Commission Minutes July 8, 2003 I. CONSENT ITEMS: 1. Chairman Kirk asked if there were any corrections to the Minutes of June 24, 2003. Assistant City Attorney Michael Houston asked that Page I.C., under Staff Present, it should be corrected to show that City Attorney Kathy Jenson was present. Commissioner Tyler asked that Page 9, Item 14 be corrected to read, "...that since the Specific Plan applies to four of the original parcels owned Lapis Energy Development, who has control over the individual sites." There being no further corrections, it was moved and seconded by Commissioners Abels/Tyler to approve the minutes as corrected. Unanimously approved. 2. Department Report: None VI. PRESENTATIONS: A. Chairman Kirk asked that former Commissioners Rich Butler and Steve Robbins come forward for presentation of a "Resolutions of Recognition" for their service to the City as Planning Commissioners. VII. PUBLIC HEARINGS: A. 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 29, 2003. 2. There being no further discussion, it was moved and seconded by Commissioners Daniels/Abels to continue the project to July 29, 2003. Unanimously approved. B. 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.O70.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 G:\WPDOCS\PC MINUTES\7-8-O3WD.DOC 2 Planning Commission Minutes July 8, 2003 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 Commissioner Abels/Tyler to continue discussion of Zoning Code Amendment 2003-076 to the Planning Commission meeting of July 29, 2003. Unanimously approved. C. Environmental Assessment 2003-476 and Capital Improvement Project 2000-06; a request of the City for a recommendation to the City Council for certification of a Mitigated NegatiVe Declaration of environmental impact and consideration of the design for the City's Municipal Library, to be located at 78-275 Calle Tampico. 1. Chairman Kirk opened the public hearing and asked for the staff report. Planning Manager Oscar Orci presented the information contained in the staffi report, a copy of which is on file in the Community Development Department 2. Commissioner Quill asked staff to explain the purpose of the other portion of the building that was not to be used at this time. Community Services Director Dodie Horvitz explained it was envisioned the Library would occupy the first 10,000 square feet and the second 10,OOO square feet would be used for storage or meeting rooms until such time as the funding was available for the balance of the improvements. 3. Commissioner Tyler asked if staff had'a proposed schedule for completion of the building. The architect, Mr. Thomas Anglewicz of M.W. Steele Group, Inc., stated the schedule calls for construction to begin in March, 2004. Commission Tyler questioned whether there would be any additional parking being installed for the Library. Mr. Anglewicz stated there were no plans for additional parking. 4. Chairman Kirk asked why there was a 30 degree orientation to the park. Mr. Anglewicz displayed the site plan and explained it was oriented to complement the remainder of the Civic Center complex. Chairman Kirk asked if the Architectural and Landscaping Review Committee (ALRC) recommendations were incorporated into the conditions. Mr. Anglewicz indicated they would include the ALRC recommendations. G:\WPDOCS\PC MINUTES\7-8-O3WD.DOC 3 .Planning Commission Minutes July 8, 2003 5. Chairman Kirk asked if there was any public comment. There being no public comment, the public participation portion of the hearing was closed and open to Commission discussion. 6. There being no further discussion, it was moved ~and seconded by Commissioners Abels/Daniels to adopt planning Commission Resolution 2003-045 reCommending certification of a Mitigated Negative Declaration of environmental impact, for Environmental Assessment 2003-476. 'ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 7. It was moved and' seconded by Commissioner Abels/Daniels to adopt Planning Commission Resolution 2003-046 recommending approval of the design for the construction of the City's Municipal Library, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None.' D. Site DevelOpment Permit 2002-774; a request of Michael Shovlin for review of development plans for a one story commercial restaurant building on 0.6 acres located at 78-902 Highway 111 within the One Eleven La Quinta Center- Thai Smile. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Greg Trousdell presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Tyler asked why staff was requiring a handicap sidewalk (Condition #49.A.). Staff explained it was needed for access to the parking lot as there was a bus stop in close proximity. Commissioner Tyler asked why the cost of the bus shelter was not charged to the Center developer rather than the individual building owner. Staff explained Mr. Shovlin was the Center owner and he was responsible for the cost, but the cost could be deferred to the development of one of the larger buildings in the Center if it was the desire of the Commission. Commissioner Tyler asked why the conditions from the Sheriff's G:\WPDOCS\PC MINUTES\7-8-O3WD.DOC 4 Planning Commission Minutes July 8, 2003 Department were not written into the conditions. Staff explained there were no specific cOnditions, but rather general statements. Staff is ensuring that should any issues arise, this condition would require the developer to resolve any issues raised by the Sheriff's Department. Commissioner Tyler asked why there were no parking lot or lighting standards for this project. Staff explained they would be governed by the Specific Plan and staff would review them during plan check. Commissioner Tyler asked if the outdoor patio protruded into the 50 foot setback along Highway 1 1 1, and if so, was that allowed. Staff stated it was allowed. Commissioner Tyler asked what parking lot would contain the new landscape planters referred to in the staff report. Staff stated if would be on the portion constructed with the building. 3. Commissioner Daniels asked if the circulation had been considered in regard to the trash receptacles on the north side of the building and the deliveries and receiving areas. Staff stated this was discussed during the ALRC meeting. At that time staff recommended relocating it closer to the Eisenhower Immediate Care Center, but the restaurant proprietor stated that for easier use and control, it was better as designed. 4. Commissioner Quill asked if landscaping was proposed to soften the east elevation. Staff stated there was and showed what was proposed including the location for the metal lattice structure. Commissioner Quill suggested the north elevation be enhanced by either some type of roofing material instead of the parapet, with some type of detail at the top. He then asked who is responsible for the bus shelter. Planning Manager Oscar Orci stated a permit is issued by Caltrans and Sunline is responsible for the maintenance. Staff stated the construction of the bus shelter is included in the conditions and will be monitored by staff until constructed. Mr. Cox, the architect, gave a presentation on the project. 5. Commissioner Tyler asked if additional light standards would be added to the parking lot used for this business. 6. Commissioner Quill suggested it be similar to the parking lot used by Starbucks. Mr. Shovlin, developer of the Center, stated he would provide staff with a photometric study on the site. G:\WPDOCS\PC MINUTES\7-8-O3WD.DOC 5 Planning Commission Minutes July 8, 2003 7. Commissioner Tyler asked the location of the bicycle rack. Mr. Cox stated it would be away from the door and out of the sidewalk. 8. There being no further questions of the applicant or staff, Chairman Kirk asked if anyone else would like to speak on this project. Mr. Brandon Wood, proposed tenant, stated he would like to amend the entryway elevations at a later date. 9. Commissioner Daniels asked if Mr. Wood had seen the conditions allowing the exterior alterations. Mr. Wood stated he had no objections to the conditions. 10. There being no further public comment, the public participation portion of the hearing was closed and open for Commission discussion. 11. Commissioner Quill clarified that according to the way the conditions were written, the Community Development Director will be able to make a determination in regard to the exterior elevations upon review of the final building plans. He questioned whether or not the Asian gable end was architecturally in keeping with the remainder of the site. 12. Chairman Kirk noted there was a consensus among the COmmissioners that the elevations not be Asian in design in the event a different user assumes the building sometime in the future. Discussion followed regarding when and who would be responsible for the construction of the new bus shelter. 13. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-047, approving Site Development Permit 2003- 774, as amended: a. Condition added: The applicant shall add architectural and landscaping enhancements to the northern elevation fa(;ade. b. Condition added: The applicant shall provide a lighting study to determine whether additional lighting is needed in the parking lot. c. Condition #49.A.: Deleted d. Condition #49.C.: Any reference to "Asian" architecture removed. G:\WPDOCS\PC MINUTES\7-8-O3WD.DOC 6 Planning Commission Minutes July 8, 2003 e. Condition #53: Amend the condition to require the bus shelter to be completed within three years. f. Condition #54: The applicant shall work with staff to install appropriate, cost effect security measures pursuant to the Sheriff's Department letter of June 18, 2003. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. E. Environmental Assessment 2002-465 and Tentative Tract Map 301 35; a request of Dan Jewitt for certification of a Mitigated Negative Declaration of environmental impact and approval of the subdivision of approximately 14.69 acres into 47 single family and other common lotS for the property located at 80-600 Avenue 52. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Greg Tousdell presented the information Contained in the staff report, a copy of which is on file in the Community Development Department. 2. Commissioner Quill questioned the grade elevations adjacent to the Channel/dike, whether or not Avenue 52 was intended to have a median and if so, is this applicant required to provide future funding. Assistant City Engineer Steve Speer stated the median would be constructed by The Hideaway project to the south with Development Impact. Fees. With respect to the elevation differential between the dike elevation and adjacent street, if there is inadequate space for sloping, they will be required to construct a retaining wall. Commissioner Quill also stated the design for the entry gates and the wall fronting Avenue 52 needs to be enhanced. 3. Commissioner Tyler stated the staff report mentions a Golf Cart Path and he was unaware the City had a plan. Assistant City Engineer Steve Speer stated they would be looking at the stripping only, whiCh would be a bicycle path at this time. Commissioner Tyler asked that Conditions #37 and 42 were the same and one should be deleted. He asked if Avenue 52 was built to City standards or was it still a rural road. Staff stated the existing pavement is rural standard, and until the City has a method of testing the thickness of the road, staff does not know whether or not it will have to be structurally changed. CommisSioner Tyler G:\WPDOCS\PC MINUTES\7-8-O3WD.DOC 7 Planning Commission Minutes July 8, 2003 questioned why other developments, in this same area, were required to construct the road up to the City's standards. Staff would look into the matter. Commissioner Tyler asked if the Avenue 52 utilities were to be undergrounded. He also asked staff if the project was to have a perimeter wall around the entire project. Staff stated they show a masonry wall around the perimeter and it is noted in Condition #74. Commissioner Tyler stated a wall should be constructed along the Channel. Staff stated the Mountain View project was only required to have a chain link fence. 4. There being no other questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Dan Jewitt, the applicant, stated he was available to answer any questions. 5. Commissioner Abels asked the intended use of Lots B, C, and D. Mr. Jewitt stated they would be retention basins. 6. Chairman Kirk asked the depth of the irrigation pipe lines in the easements. Mr. Jewitt stated they have seven feet of cover over an 84-inch pipe line. Chairman Kirk asked if the applicant had considered using the easement for his retention basins. Mr. Jewitt stated they had considered it, by they decided it made more sense to take everything to the front of the project. He stated the slope adjacent to the Channel belongs to the Water District and they do have a buffer between their roadway and the toe of the slope which will be heavily landscaped. In regard to the perimeter wall, they will have a wall around the entire development. Concerning the gates, they will enhance the entry. 7. There being no further questions of the applicant, and no other public comment, the public participation portion of the hearing is closed and open for Commission discussion. 8. There being no further discussion, it was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2003-048, recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2002-465, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Kirk, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. G:\WPDOCS\PC MINUTES\7-8-O3WD.DOC 8 Planning Commission Minutes July 8, 2003 9. It was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2003-049, recommending approval of Tentative Tract Map 30135, as amended: a. Condition #37: Deleted b. Add Condition regarding standard condition for underground of utilities along Avenue 52. c. Add Condition regarding upgrading the streets to City standards for Arterial streets. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. E. Tentative Tract Mat) 29053, Extension #3; a request of Trans West Housing for a third one year extension of time for a tentative tract map creating 103 single family lots located northwest of the intersection of Jefferson Street and Avenue 50. 1. Chairman Kirk 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 Kirk asked staff to explain "arrhythmic". Assistant City Engineer Steve Speer stated that rather than having a uniform rhythm, it has an A-typical arrhythmic pattern. It means irregular. 3. Chairman Kirk asked why this tract did not have a 50% maximum turf requirement. Staff stated it did not have the requirement when it was approved. 4. There being no other questions for staff, Chairman Kirk asked if the applicant would like to address the Commission. There being no comments from the applicant and no other public comment, the public participation portion of the hearing was closed and open for Commission discussion. 5. There being no further discussion, it was moved and seconded by Commissioners Abels/Daniels to adopt Plar~ning Commission Resolution 2003-050, recommending approval of Tentative Tract Map 29053, Extension #3, as amended: G :\WPDOCS\PC MtNUTES\7-8-03WD.DOC 9 Planning Commission Minutes July 8, 2003 a. Condition added.to allow no more than 50% landscaping in the front yard to be devoted to turf. ROLL CALL: AYES: Commissioners Abels, Daniels, Kirk, Quill, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. F. Conditional Use Permit 2002-073 and Site Development Permit 2003- 477; a request of St. Francis of Assisi Catholic Church for a request to approve development plans for a 3,912 square foot Youth Center to be located at 46-895 Highland Palms Drive. 1. Chairman Kirk 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 Kirk asked if the applicant would like to address the Commission. Mr. Bob Ricciardi, architect for the applicant, gave a presentation on the project. 3. Chairman Kirk asked if there was any other public comment. Mr. David Lasaan, 46-885 Highland Palms Drive, stated he was the owner of the multi-colored home next door to the west of the Youth Center, he has used the rear yard that was shown on the Church plans for over 20 years. He has had problems with the children throwing stones and making noise. 4. Mr. Michael Van Denabel, 46-875 Highland Palms Drive, stated his opposition to the project. He submitted a petition signed by 30-35 of the residents. He indicated he would like to have peace and quiet in the neighborhood and the Youth Center was not conducive to the residential neighborhood. 5. Ms. Rebecca Shields, 46-885 Highland Palms, stated the children throw rocks over her yard, tease her dogs, and trespass' into her yard. This should be a single family residence and not a Youth Center. 6. Mr. Robert Cox, 78-315 Crestview, stated his opposition to the project as the majority of the access will be from the front and not G:\WPDOCS\PC MINUTES\7-8-O3WD.DOC 1 0 Planning Commission Minutes July 8, 2003 the parking lot. He encouraged the Church to build the Youth Center on their existing property. 7. Mr. Ricciardi responded to the comments by stating there would be no evening classes and they will discontinue the use at 5:00 p.m. He further indicated he would like to keep the entry arches at 12 feet instead of the staff recommendation of 10 feet. 8. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened the matter for Commission discussion. 9. Commissioner Daniels stated the use is not compatible as noted by the comments expressed by the surrounding residents. 10. It was moved and seconded by Commissioners Daniels/Tyler to deny Conditional Use Permit 2002-073. ROLL CALL: AYES: Commissioners Daniels and Tyler, NOES: Commissioners Abels, Quill, and Chairman Kirk. ABSENT: None. ABSTAIN: None. 11. Commissioner Quill suggested potential modifications that would reduce the impacts on the surrounding residents. He indicated the traffic should be entirely on the Church property with no access taken from Highland Palms. In addition, the project should be redesigned to eliminate the noise problems. 12. Chairman Kirk agreed the project should be redesigned to mitigate the impacts to the residents. 13. Commissioner Daniels stated that although the layout was good, the testimony of the neighbors indicated it would be too much of an intrusion on this residential neighborhood. 14. Commissioner Tyler indicated a Church will generally work with a neighborhood when a problem has been identified, such as the incident with the trees. Perhaps the Church may want to take the information as presented at this meeting and redesign the project to address the concerns raised. Discussion followed. G:\WPDOCS\PC MINUTES\7-8-O3WD.DOC 1 1 Planning Commission Minutes July 8, 2003 1 5. There being no further discussion, it was moved and seconded by Commissioners Quill/Abels to adopt Planning Commission Resolution 2003-051, approving Conditional Use Permit 2002- 073, as amended: a. The conditional use permit is granted for 90 days. b. The hours of operation are limited to 8:30 a.m. to 8:30 p.m., seven days a week. c. The maximum number of children present shall be limited to 30 at any given time. d. Access to the property shall be taken from the Church parking lot. Emergency access only can be taken from Highland Palms Drive. e. Applicant shall work with the residents to redesign the project to address the neighbor's concerns. ROLL CALL: AYES: Commissioners Abels, Quill, and Chairman Kirk. NOES: Commissioners Daniels, Tyler. ABSENT: None. ABSTAIN: None. 16. It was moved and seconded by Commissioners Abels/Daniels to continue Site Development Permit 2003-477, to October 14, 2003. Unanimously approved. G. Plot Plan 83-001; a request of KSL Development Corporation for review and clarification on the allowed use of the property located at 78-501 Calle Ultimo. 1. 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 Kirk asked if the applicant would like to address the Commission. Ms. Cindy Zamora, representing KSL Development, gave a presentation on the project and stated she was available to answer any questions. 3. Commissioner asked if they would object to constructing a block wall. Ms. Zamora stated they would not, but the oleanders would have to be removed and it would aesthetically affect the neighbors view. G:\WPDOCS\PC MINUTES\7-8-03WD.DOC 1 2 Planning Commission Minutes July 8, 2003 4. Commissioner Quill stated he was employed by Landmark at the time this facility was constructed and it appears to him that the use has increased in terms of storage, etc. Ms. Zamora stated that is true in regard to what was approved. However, it is less than what was used by Landmark. Commissioner Quill stated he is not pleased with the level of maintenance and the way KSL has used their "backyard" in regard to appearance. He is concerned with the appearance of the facility. 5. Commissioner Tyler asked if .the two homes that abut this facility were present when. this facility was constructed. Ms. Zamora stated they were. 6. Ms. Zamora stated no issues have been raised by the neighbors in regard to aesthetics. 'The neighbors do like the oleanders as it provides them with privacy. 7. Chairman Kirk asked if anyone else would like to address the Commission on this issue. Mr. Alan O'Neil, 78-515 Avenida Ultimo, stated he had several.issues and asked if there had been a letter written to KSL allowing them to use this facility for storage only. Planning Manager Oscar Orci stated that during the entitlement process, staff did write a letter limiting the use of the facility including that no maintenance take place on the site. Mr. O'Neil stated the oleanders are dying. They were planted when his house was constructed and were not there when this facility was constructed. They have contracted the disease that kills the plant and the worst ones are in front of his kitchen window. Whether they continue to use the facility or not, they woUld prefer the oleanders be removed and a wall constructed. He is concerned about the value of his home. The facility has been a storage facility since he moved in with very little, or no traffic. Recently, the traffic has increased and they did voice a compliant with the City and it has decreased. He distributed pictures he had taken of the traffic. 8. Commissioner Tyler asked the age of his house. Mr. O'Neil stated it is six years. Commissioner Tyler stated the applicant had stated it was constructed in 1983. 9. Ms. Susan O'Neil, 78-51 5 Avenida Ultimo, stated she had worked for KSL and knew the use of the facility was only storage. In December, she heard the use would be changed. The 'workers are G:\WPDOCS\PC MINUTES\7-8-O3WD.DOC 1 3 Planning C°mmission Minutes July 8, 2003 cooking in the facility and the gate and cement are in very bad condition and a hazard to small children. They were told by the City in December, that KSL was not allowed to use this facility for anything other than storage and she does not believe that just because they are KSL they should be able to do whatever they want. 10. Mr. Joe Garza, 55-550 Calle Quito, stated he tried to park a couple dump trucks and was told by the City it was not allowed. He is completely against this use in this location. He presented letters from other residents objecting to the facility. 11. Mr. Rick Duram, 78-685 Avenida Ultimo, stated it is typical of KSL {o treat this street as a "third world country". The oleanders have died down Calle Ultimo. They would like to see the appearance improved all the way down Calle Ultimo. 12. Mr. Nick Patrinoscar, 78-746 Avenida Tujunga, stated he was opposed to a maintenance yard in a residential neighborhood. It will increase traffic and open.the door to allow other commercial businesses in a Iow density neighborhood. 13. There being no further public comment, the public participation portion of the hearing was closed and open for Commission discussion. 14. Commissioner Abels stated he would not like to see the use denied. There should be some conditions placed on the use to bring it up aesthetically, such as a block wall. The responsibility of the oleanders should belong to whoever owns the property the oleanders are on. 15. Commissioner Quill asked if the applicant had been approved for a conditional use permit. Planning Manager Oscar Orci stated it was approved under a plot plan permit and no time limitation was placed on the use. The City made the findings that this facility was appropriate as it was adjacent to a substation and Washington Street. Commissioner Quill stated he therefore believe · the site should be aesthetically improved. 16.. Commissioner Tyler stated this is a use that was granted several years ago and has since changed. The whole neighborhood has changed. Fuel is stored on site and the guidelines established by G:\WPDOCS\PC MINUTES\7-8-03WD.DOC 14 Planning Commission Minutes July 8, 2003 the City have been ignored. He has visited the site and saw a truck having its brakes changed. The site has become a matter of convenience for the corporation and he thinks the corporation can do better for the community. This is an improper use in the wrong location. They need to build a proper building in an appropriate zone. He would not like to see this body approve the use after all the violations that have been going on for the last several years. 17. Commissioner Daniels asked staff if it was correct that there were seven zoning violations. Staff stated that was correct. 'Commissioner Daniels stated that rather than resolve those violations, they are asking staff to review their request to bring it into compliance. Staff stated that was correct and went over the options available to the applicant. Discussion followed regarding the prior approvals. 18. It was moved by Commissioner Abels to adopt Minute Motion 2003-010 approving Plot Plan 83-001 with the following conditions: a. Clean up the site, enclose the property with a minimum 6-8- foot wall and require a time frame for the work to be completed within. 19. Commissioner Tyler asked that they comply with the original letter of approval. Commissioner Abels concurred. 20. Planning Manager OScar Orci clarified the original letter only required a landscape screen. Commissioner Abels stated the block wall should replace the cyclone fence. 21. The motion died for lack of a second. 22. It was moved and seconded by Commissioners Quill/Abels to adopt Minute Motion 2003-010 reconfirming the use as stipulated . in Plot Plan 83-001 as approved by the City on June 30, 1983, with the exception that an 8-foot block wall be constructed instead of the landscaped screen/oleanders.' The City take whatever measures necessary to see that all safety issues are addressed. G:\WPDOCS\PC MINUTES\7-8-O3WD.DOC 1 5 Planning Commission Minutes July 8, 2003 23. Chairman Kirk asked legal co.unsel whether or not the Commission could ask staff to enforce a letter that was inconsistent with the underlying land use designation of the area. Assistant City Attorney Michael Houston stated it would be an existing, nonconforming use. He is unaware of the City's regulations in regard to the duration of existing nonconforming uses. 24. commissioner Abels asked the applicant for their opinion. Ms. Zamora stated she did not understand why they would be required to construct a wall for a facility they would no longer be able to use. 25. The motion was rescinded. 26. Chairman Kirk explained that if they submitted an amendment to the Plot Plan requesting permission to use the facility for more intensive uses, the Commission would want. a block wall constructed and may allow the more intensive uses, Ms. Zamora stated she understood this was the purpose of the public hearing. Chairman Kirk stated that if the applicant offers to build the block wall, all uses could be interpreted as being in conformance with the original 1983 letter. 27. Commissioner Tyler disagreed. 28. It was moved and seconded by Commissioners Quill/Abels to · adopt Minute Motion 2003-010 reconfirming the use as stipulated in Plot Plan 83-001 as approved by the City on June 30, 1983. Unanimously approved. VII. BUSINESS ITEMS: None IX. CORRESPONDENCE AND WRITTEN MATERIAL: None. X. COMMISSIONER ITEMS: 1. Chairman Kirk asked the Commission pleasure in regard to being dark any meetings in August. Following discussion, it was determined the Commission would go dark August 26, 2003. 2. There was no report of the City Council meeting of July 1, 2003. G:\WPDOCS\PC MINUTES\7-8-O3WD.DOC 16 Planning Commission Minutes July 8, 2003 XI. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on July 29, 2003, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 10:24 p.m. Resp,ectfully submitted, ~~~~v~, ExPo Secretary City of La Quinta, California G :\WPDOCS\PC MINUTES\7-8-O3WD. DOC 1 7