Loading...
2003 10 28 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA October 28, 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 Kirk who asked Commissioner Abels to lead the flag salute. B. Present: Commissioners Jacques Abels, Rick Daniels, Paul Quill, Robert Tyler, and Chairman Tom Kirk. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney Michael Houston, Assistant City Engineer Steve Speer, Planning Manager Oscar Orci, Associate Planner Martin Maga~a, and Executive Secretary Betty Sawyer. .11. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: A. Chairman Kirk informed .everyone that Business Item B would be continued to November 25, 2003, as the appellant and their attorney had not been given sufficient notice of this meeting. It was moved and seconded by Commissioners Abels/Tyler to confirm the Agenda as revised. IV. CONSENT ITEMS: 1. Chairman Kirk asked if there were any corrections to the Minutes of October 14, 2003. Commissioner Tyler asked that Page 5 Item #17, be corrected to read, "...if pedestrian access ways..."; Page 7 Item 23.a corrected to read, "providing pedestrian access..."; Page 7 Item 23.b. corrected to read, "The truck access and loading dock(S) shall be moved..."; Page 9 Item #8 corrected to read, 'Commissioner Tyler reviewing signs on the other Marshals and PetsMart buildings in other · Planning Commission Minutes October 28, 2003 cities in the Coachella Valley.."; Page 13 Item H.3.corrected'to read "joint exercise"; and Page 14, Item I. 1 corrected to read, 'Commissioner Tyler stated that due to the stated position o~ the City Council .... ~. There being no further corrections, it was moved and seconded by Commissioners Abels/Quill to approve the minutes as .amended. Unanimously approved. 2, Department Report: None~ V. PUBLIC HEARINGS: A. Continued - Environmental Assessment 2003-479~ General .Plan Amendment 2003-094, Zone Change 2003-115, and Tentative Tract Map 31348; a request of Madison Development, LLC, for Certification of a Mitigated Negative Declaration of environmental impact; General 'Plan Amendment and Zone Change to change the land use and zoning designations from Medium Density Residential and Community Commercial to Low Density Residential and the subdivision of 47.72 acres into 73 lots for the property located at 46-201 Washington Street. 1. Chairman Kirk opened the public hearing and asked 'for the staff report. Associate Planner Martin Maga~a presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted the changes to Conditions #55.A. 1 .a, #55,B,1., #76, and deletion of #80 and some changes to the Mitigation Monitoring Report for the Environmental Assessment in regard to the open space (Section IV.a-f). 2. Chairman Kirk asked if there were any questions of staff. Commissioner Quill asked about the wall with a slight concrete uV" ditch as he is concerned about the drainage to the residents. Staff suggested the applicant answer the question. Commissioner Quill confirmed the entrance, on WaShington Street, was a right- in/right-out only. Staff stated yes. 3. - Commissioner Daniels stated his concern about the erosion of commercial and higher density zoning designations. He understands the previous applications may not have been appropriate to allow commercial development for this land, bUt are there other areas that can be rezoned to allow for the loss 'of Planning Commission Minutes October 28, 2003 commercial lands. Staff stated there were several areas to the south that were rezoned commercial. Commissioner Daniels stated that the City needs to try and replace these 'zoning designations in different areas as they are deleted. Second, h· has a concern about the access into the site. There is a constant flow of traffic turning south onto Washington, plus the traffic turning into the shopping center, and anything other than a right in;right out would be a disaster. He does not like the plan, but he knows of nothing that would work better. There should be stacking for more than two cars. Staff stated there was a memo handed out to the Commission to amend the condition concerning this issue. Assistant City Engineer Steve Spear clarified the stacking, for three cars is limited to three cars for visitors only. The residents will have a separate access gate. 4. Chairman Kirk asked if other access points were considered. Assistant City Engineer Steve Spear stated it is restricted to a right- in/right-out and they need to have two access .points. They could not move any further south due to the Singing Palms development. 5. Commissioner Quill asked if staff ever considered combining it with the entrance to the Vons shopping center. Staff stated they did not believe it was the best solution. 6. Commissioner Daniels asked if the cul-de-sac was a pedestrian access to the shopping center. Staff stated no, it was access to the house on the hill. Commissioner Daniels asked how'far back the shopping center went in relation to this development. Staff indicated it went the length of the homes. Commissioner Daniels asked about a pedestrian access to the Center. Staff stated it was not discussed. Staff stated it is not a safe access as it is a loading area. '7. Commissioner Tyler stated that on the tract map, the product line 1 and 2 are not discussed anywhere else in the report, and the total number of buildable.lots do not add up. Staff stated the elevations will be brought back to the Commission at a later date. The lot count difference is due to the redesign of the entrance. Commissioner Tyler asked that the name of the shopping center ' should be Plaza La Quinta and not V ons. In the Resolution for the Minutes\ 10-28-O3WD.doc Planning Commission Minutes October 28, 2003 Environmental Assessment there are a 10t of numbers that are not correct. Commissioner Tyler asked if there were to be any two story homes. Staff stated the applicant has indicated they will all be one story. Commissioner Tyler asked why then ~on Page 35, footnote 6 does it calls out what lots will be single story. Staff stated because the applicant has not submitted the homes for review and the lots are next to Washington Street, an Image Corridor. Commissioner Tyler asked that No. 7 be corrected to define what staff is wanting in regard to turning movements onto CreStview Drive. He then asked why this is the only place where a restriCtion on Crestview Terrace is mentioned and asked if this is needed. Staff stated it is restricted to a left turn only. Commissioner Tyler stated it should be stated in the staff report and. conditions. He questioned Condition 11 in regard to bus turn out and stated it needed to be changed. He would like some prohibition as to the construction traffic on Highland Palms. Commissioner Tyler asked about a buffer for the wall. 8. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Rick Wilkerson, Madison Development, addressed the questions expressed by the Commission. In regard to the pedestrian access, he has never found it to be successful to have access through a commercial center to the residential homes. In regard to access, they looked at several different alternatives including purchasing the first two houses in Singing Palms but came to no resolve. They are trying to maintain the heritage, serenity, views, and yet have the property owners enter through a gate that is aesthetically suitable for a residential development. This access has been here for a number of years and they believe this is the best alternative to what has been a long standing issue. In regard to the drainage off the mountain, it is provided off Lot 63. They have no interest in having two story homes. There will be no construction traffic entering off Highland Palms. They have agreed with the Singing Palms residents to use Lot 9 as the construction entrance. A wall will buffer the area between Vons and their site. The elevation of the center is three feet below theirs and they want to protect their customers. The focus of the homes that back up to the commercial center is to have a back yard, but the focal point will be on the front yard. In regard to stacking, they are providing for four cars. Finally, they would like to have some consideration to the street names they are proposing. Planning Commission Minutes October 28, 2003 9. Chairman Kirk asked if there were any questions of the applicant. Commissioner Quill asked if the palm trees would be salvaged. · Mr. Wilkerson stated they had started several' preventative programs three months ago. One being a rodent cOntrol program. In regard to the trees, they have earmarked 100 trees'that may have some value. They have negotiated to have up to 100 trees removed and they will replace them with the same number of trees, at.the same height, but healthier. Commissioner Quill asked how they would handle the drainage off the mountain into the back yards. Mr. Chris Bergh, MDS Consulting, explained the ' process they would be using. 10. Commissioner Tyler asked about the possibility of boulders that could come down. Mr. Bergh stated a soils engineer is analyzing the hillside and preparing a report in regard to this issue and they would act accordingly. 11. Chairman Kirk asked if they would be taking any'other historical steps to retain the historical flavor of the site. Mr. Wilkerson stated they will be reproducing the gates to maintain the look into the development. A plaqUe would be placed on the gate stating the history of the site as well as something at the open space that talks about the history. 12. Chairman Kirk asked if there was any other public comment. Mr. Robert Cox, 78-315 Crestview Terrace, stated he is generally in favor of the project, but they have two issues; the entrance off Washington Street and entrance off Highland Palms. They have no issue if Highland Palms is an emergency access only· They definitely have an objection to any construction traffic on Highland Palms. 13. Mr. Don Recktor 46-450 Cameo Palms drive, stated his concerns have already been discussed by the Commission. He thanked the developer for meeting with them regarding the project and does generally support the project. His concern is fOr the traffic turning out onto Washington Street. He suggested the left turn into the shopping center should be eliminated. G:\WPDOCS\PC Minutes\10-28-O3WD.doc 5 Planning Commission Minutes October 28, 2003 14. There being no other public comment, the public hearing was closed and open for Commission discussion. -. 15. Commissioner-Tyler stated the southbound right-hand lane, north of Highway 111, on Washington Street use to be a right turn only, now traffic can either go straight, or. make a right turn. After it crosses Highway 111 it merges back into two lanes; can this be changed back? Assistant City Engineer Steve Speer explained this lane would be going away with the completion of the Washington Park project and the build out of Washington Street. .. 16. Commissioner Daniels stated there are a number of concerns, but he believes they have addressed them as best they can. 17. Commissioner Quill stated he too.is very concerned with the traffic at the corner, but also does not know how it can be resolved. He thinks there may still be some opportunity to combine the access with the development and the Center. 18. Chairman Kirk stated he would like to see staff cOntinue to work on this issue and present alternatives to the City Council. 19. Commissioner Quill stated he does not see anywhere in the Environmental Assessment where a traffic consultant was consulted. They may be able to shed some light on alternatives. 20. Chairman Kirk asked if there was any discussion during the Environmental Assessment regarding traffic and circulation. Assistant City Engineer Steve Speer stated a traffic study was not required due to the Iow volume of traffic. 21. Commissioner Quill stated he did not believe it was a traffic issue as much as a design issue. 22. Commissioner Daniels agreed with alternatives being pursued, but stated he does not see how it can be resolved. He believes the developer has done all he can do. 23. Chairman Kirk stated this will be a great development, but he still has concerns with the loss of medium density residential and commercial land. He does understand the adjoining neighborhood · G :\WPDOCS\PC Minutes\ 10-28-O3WD.doc Planning Commission Minutes October 28, 2003 wanting this site downsized, but the constant downsizing is a concern. He also would not want to give up on the opportunity to resolve some long-standing problems with .the traffic/circulation at Highway 111 and Washington Street. 24. There being no further discussion, it was moved and seconded by Commissioners Abels/Daniels to adopt Planning. Commission Resolution 2003-082, recommending certification of a Mitigated Negative Declaration of enVironmental impact for Environmental Assessment 2003-479, as amended: a. SectiOn 8: change the acreage from 43.1 to 37.72. b. Section IV.a)-f) replace with "The project proposes to have the rear .yards open to the hillside, along the western boundary of the project. There may be conflicts which could occur as a result of the project including access for Bighorn sheep tO poisonous plants in the project landscaping and conflicts with domestic animals. These impacts can be mitigated by requiring the applicant to implement the mitigation measures below that will reduce potential impacts to biological resources to a less than significant level. !) Should demolition, grubbing, earth moving or construction be planned for initiation between February 15 and September 30, a field survey shall be conducted to determine whether birds under the jurisdiction of the Migratory Bird Act are nesting on the property. 'Should such nests be identified, buffer areas in conformance with the Act, but no less than 5'0 feet in all directions, shall be established where no construction activity is allowed, until such time as the biologist determines that the nesting birds have discontinued use of the nest; The required field survey shall be submitted to the Community 'Development Department' for review and approval prior to the issuance of the first permit for i demolition, grubbing, grading o'r building on the site. 2) A three person committee shall be formed, consisting of a representative of the Homeowners' Association (HOA), a representative of the California Department of Fish and Game (CDFG), and the Community Development Director. The purpose of the committee shall be to assess the need for a fence/wall to keep Peninsular Bighorn Sheep from entering the .project site. The G :\WPDOCS\PC Minutes\ 10-28-03WO.doc Planning Commission Minutes October 28, 2003 committee shall monitor sheep activity throUgh.various means, including interviews with residents and visitors, and any available scientific data available and/or funded by the HOA. If bighorn sheep are seen on the 'project site, the committee shall require that the HOA, at its expense, construct an 8-foot fence along the property line between the project and the hillside. Gaps in the fence should be 1 1 centimeters or less. At the request of CDFG, temporary fencing may. be required between the time that sheep are seen on the site and the time that permanent fencing is required. The committee shall exist for a period of 10 years, unless bighorn sheep are documented to no longer inhabit the Santa Rosa Mountains. At the end of ten (10) years, if any one member of the committee deems it necessary for the committee to continue, it shall do so until such time that it is dissolved by a unanimous vote of all its members. 3) The project applicant shall either provide an easement to the City, or evidence of dedication to a non-profit organization, to be approved by the City prior to recordation of the final map, ensuring that the preservation of lot 73 as open space in perpetuity." The lot shall also be a lettered lot on the Final Tract Map. 4) Blasting and pile-driving, or other excessively loud construction activity, shall be prohibited from January 1 through June 30 of each year. $) All lighting on the project site shall be directed away from the .hillsides. The project CC&Rs shall include this prohibition for individual homeowners. 6) Plants toxic to bighorn sheep shall be prohibited on the site. The project proponent shall secure a clearance letter from a qualified biologist, certifying the suitability of the plant palette for the project site. The project CC&Rs shall include this prohibition for individual homeowners. r 7) The CC&Rs for the project shall prohibit dogs from running loose in the project site. 8) The CC&Rs for the project shall include a provision prohibiting access by either persons or animals to the adjacent hillsides. 9) Prior to the issuance of grading permits', the applicant shall submit a plan demonstrating that all pesticides, G :\WPDOCS\PC Minutes\10-28-03WD.doc 8 Planning Commission Minutes October 28, 2003 fungicides, herbicides and fertilizers used on the site, during both construction and operations, are not harmful to wildlife. The plan shall be submitted '.to the Community Development Department for review and approval. c. Section XV (a-g): Traffic restrictions on westbound.'traffic for Singing Palms residents on Crestview Terrace~ shall be limited to a left turn only onto Highland Palms Drive. d. Correct Lot numbers to reflect project proposal. e. Section V(1 ): Add wording, ~the first occupancy permit', and delete 'any grubbing or grading permit." ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: -None. 22. It was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2003-083, recommending approval of General Plan Amendment 2003-094, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill', Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 23, It was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-084i recommending · approval of Zone Change 2003-11 5, as recommended: ROLL CALL: AYES: Commissioners Abels, Daniels, Quill; Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 24. It was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-085, recommending approval of Tentative Tract Map 31348, as amended: a. No two stow houses shall be allowed b. No construction access shall be taken off of Highland Palms. c. The visitor/vendor access shall have stacking for four cars. d. Traffic restriction on westbound traffic for .Singing Palms residents on Crestview Terrace shall be limited to a left turn only onto Highland Palms Drive. G:\WPDOCS\PC Minutes\10-28-03WD.doc ~) Planning .Commission Minutes October 28, 2003 e. Condition #55.A.1.a.: change 150 feet to 11,5 feet for the deceleration lane. f. Condition #55.B.1 .: change 39 foot to 37 foot for the right' of way. g. Condition #76: Replace with 'Prior to issuance of the first Certificate of Occupancy for the site, the project proponent shall submit an Oral History to the Community development Department and the La Quinta Historical Society. The oral history shall be prepared in accordance with the City's and the Society's standards for such documents.' h. Condition #82: Add flexibility in the street names to allow other names than proper names shall be allowed as long as it is consistent with the General Plan and keeps the cultural heritage of the site. i. Condition #84: Revise to read: "Should demolition, grubbing, earth moving or construction be planned for initiation between February 15 and September 30, a field survey shall be conducted to determine whether birds under the jurisdiction of the Migratory Bird Act are nesting on the property. Should such nests be identified, buffer areas in conformance with the Act, but no less than 50 feet in all directions, shall be established where no construction activity is allowed, until such time as the biologist determines that the nesting birds have discontinued use of the nest. The required field survey shall be submitted to the Community Development Department for review and approval prior to the issuance of the first permit for demolition, grubbing, grading or building on the site. j. Condition #85: A three person committee shall be formed, consisting of a representative of the Homeowners' Association (HOA), a representative of the California Department of Fish and Game (CDFG), and the Community Development Director. The purpose of the committee shall be to assess the need for a fence/wall to keep Peninsular Bighorn Sheep from entering the project site. The committee shall monitor sheep activity through various means, including interviews with residents and visitors, and any available scientific data available and/or funded by the HOA. If bighorn sheep are seen on the project site, the committee shall require that the HOA, at its expense, construct an 8-foot fence along the property line between the project and the hillside. Gaps in the fence should be 11 centimeters or less. At the request of CDFG, temporary fencing may be required between the time that sheep are seen on the G :\WPDOCS\PC Minutes\ 10-28-03WD.doc 10 Planning Commission Minutes October 28, 2003 site and the time that permanent fencing is required. The committee shall exist for a pori0d of 10 years, unlos Bighorn sheep are documented to-no longer inhabit the Santa Rosa Mountains. At the end of ten (10) years, if any one member of the committee deems it necessary for the committee to continue, it shall do so until such time that it is dissolved by a unanimous vote of all its members. k. Condition #86: The project applicant shall either provide an easement to the City, or evidence of dedication to a non-profit organization, to be approved by the City prior to recordation of the final map, ensuring that the preservation of Iot'73 as open space in perpetuity." The lot shall also be a lettered lot on the Final Tract Map. I. Condition #87: Blasting and pile-driving, or other excessively loud construction activity,.' shall be prohibited from January 1 through June 30 of each year. m. Condition #88: All lighting on the project site shall be directed away from the hillsides. The project CC&Rs shall include this prohibition for individual homeowners. n. Condition #89: Plants toxic to bighorn sheep shall be prohibited on the site. The project proponent shall secure a clearance letter from a qualified biologist, certifying the suitability of the plant palette for the project site. The project CC&Rs shall include this prohibition for individual homeowners. o. Condition #90: The CC&Rs for the project shall prohibit dogs from running loose in the project site. p. Condition #91: The CC&Rs for the project shall include a provision prohibiting access by either persons or animals to the adjacent hillsides. q. Condition #92: Prior to the issuance of grading permits, the . applicant shall submit a plan demonstrating that all pesticides, fungicides, herbicides and fertilizers used on the site, during both construction and operations, are not harmful to wildlife. The plan shall be submitted to the Community Development Department for review and approval. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None, ABSTAIN: None. ABSENT: None. B. Specific Plan 2003-063~ Tentative Tract Maps 31310 and 31311 and Site Development Permits 2003-766 and 767; a reqUest of Santa Rosa G:\WPDOCS\PC Minutes\l 0-28-03WD.doc ] ] Planning Commission Minutes October 28, 2003 Development and the City for consideration of two residential projects; a 149 unit senior residential project and a 36 unit single familY market rate project on 31.51 acres. 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. Chairman Kirk asked if there were any questions of staff. Commissioner Abels asked the location of the well sites; Staff stated one is off of Avenue 48 and the other is at the northwest corner of the property. 3. Commissioner Daniels asked about the garage setback for the senior project. Staff stated ten feet and explained it is to allow ' some turning movements in' the street. Commissioner Daniels clarified this is a driveway. Staff clarified it is a shared driveway. 4. Commissioner Tyler stated that on the market-rate houses it appears they have 12 feet but only for the side-loaded garages. There is a main driveway longer than that for the'two .car garages. Staff stated it is the same for the market rate and went over the housing layouts to explain. Commissioner Tyler stated it should be clarified in the Specific Plan. He noted the height restrictions of 22 feet were noted for Avenue 48, but Adams Street had the same restriction and should be included in the conditions. Staff stated it would be the same for both streets. Commissioner Tyler asked for clarification on the deed restrictions for the casitas units. Staff explained it was to record a covenant against the' casitas to impose a use restriction on the unit. The applicant has requested a blanket use permit with this Specific Plan. Commissioner Tyler asked how far the senior units were from the.WalMart Center, and what buffering would be provided. Staff stated there is an alleyway and then a building and went on to explain the i landscaping buffering. Commissioner Tyler asked if the Fire Department was comfortable with the cul-de-sac requirements. Staff stated they were. Commissioner Tyler asked that the wording be clarified as to when the final inspection would take place. G :\WPDOCS\PC Minutes\10-28-03WD.doc 1 ~ Planning Commission Minutes October 28, 2003 5. Commissioner Quill asked if the CC & R would restrict on-street and driveway parking. Staff stated on-street parking is alloWedon the streets. Commissioner Quill asked if parking was allowed on the private common driveways. Staff stated it was.~discussed to ensure there was enough space for turning movements and it could be added to the conditions to have it placed in the CC&R's. 6. Chairman Kirk asked if this was the only time this project would be before the Commission. Staff stated that is correct. Chairman Kirk'asked if an Affordable Housing Agreement had been approved by 'the City. Staff stated it had been approved by the City. Chairman Kirk asked if this would help the City to meet its RHNA numbers. Staff stated the City had met its RHNA numbers for this segment and this project help toward reaching the next segment of housing numbers. Chairman Kirk asked if this was helping us reach Our Redevelopment Housing numbers. Staff stated the City was progressing toward its target. Chairman Kirk asked if HoUsing Element requirements addressed seniors. Staff stated the City had two goals: providing housing for seniors and providing housing for large family households. Chairman Kirk asked why the City is targeting seniors only for this project. Community Development Director Jerry Herman stated this site was difficult because of the development to the south. The resolution reached between the City and that development was for a senior project. Chairman Kirk asked about the Architecture and Landscaping Review Committee comments. Staff stated the ALRC approved the project and asked that certain plants be removed from the plan. Chairman Kirk asked whether this project was downsizing the zoning for .this area. Staff stated it was consistent with the density requirements for the area. The market-rate homes are lower, but the senior project does comply with the 8-units to the acre. Chairman Kirk asked how many high density sites there are in the City. Staff noted the areas that were zoned high density. Chairman .Kirk asked if this project complies with the Water Efficiency Landscape Ordinance. Staff stated yes, but it will need to be fine tuned to ensure that it complies with the newly adopted changes. Chairman Kirk asked if an access was considered from the senior project to the commercial project to the north. Staff stated yes, but no safe connection was found. 7. Commissioner Tyler asked if all the senior units were affordable. Staff stated yes, to the moderate income indiViduals. G:\WPDOCS\PC Minutes~ 10-28-03WD.doc 13 Planning Commission Minutes October 28, 2003 8. Commissioner Quill asked if the three foot setbacks meant there would be a wall between the units on the senior project..' Staff stated there is a walled off patio ' area, that will serve to separate the units. 9. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Hal Lench, RGC, applicants, stated that the CC&R do indicate where the parking is restricted. In regard to the Homeowners' Association (HOA), they will maintain the'six feet between the units and there are no fences. He then gave a history on the property as to why they came to the density they have planned the site for. Community Development Director Jerry Herman stated the City's Redevelopment Agency still owns the property but has entered into an Affordable Housing Agreement with the applicant to ensure that 149 senior units are constructed. If any changes were proposed, the Agency would have to agree to those changes, 10. Chairman Kirk asked if there were any questions of the applicant, Commissioner Abels asked what the price range would be for the market-rate homes. Mr. Lench stated $400-500,000. The seniors will be substantially lesS, Commissioner Abels asked if they expected any objections from the market-rate owners tO having the senior project within theirs. Mr. Lench stated no. They have found it to be a very favorable mix. 11. There being no further questions of the applicant, Chairman Kirk asked if there was any other public comment. There being none, Chairman Kirk closed the public hearing and opened the matter for Commission discussion. 12. Commissioner Tyler stated he has one concern' in regard to the seniors handling the ten foot driveways. Assistant City Engineer i Steve Speer stated staff was as well and the applicant laid it out on a parking lot and it was found to work very well. 13. Chairman Kirk stated he is concerned with the mix of affordable units with the market-rate homes. We have packed as many single family detached product as possible into a relatively small site. There are very narrow spaces between the homes and the fact that they are seniors, this allows it to happen. He does not G:\WPDOCS\PC Minutes\10-28-O3WD.doc ]4 Planning .Commission Minutes October 28, 2003 like the urban design of this project and he would prefer it resemble the Miraflores development. He cannot support this project because of this and not to any fault of the developer. 25. There being no further discussion, it was moved and secOnded by Commissioners Tyler/Abels to adopt Planning Commission Resolution 2003-086, recommending approval 'of .Specific. Plan 2003-063, as amended: a. Condition #2: ~...within 150 feet of Avenue 48 and Adams Street" b. Page 14 of the Specific Plan clarified to indicate which building will be required to have final inspection before the infrastructure is finished. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill,. and Tyler. NOES: Chairman Kirk. ABSTAIN: None. ABSENT: None. 26. It was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2003-087, recommending approval of Tentative Tract Map 31~310, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler. NOES: Chairman Kirk. ABSTAIN: None. ABSENT: None. 25. It was moved and seconded by Commissioners 'Abels/Tyler to adopt Planning Commission Resolution 2003-088, recommending approval of Site Development Permit 2003-767, as recommended. ROLL CALL: AYES: CommiSsioners Abels, Daniels, Quill, and Tyler. NOES: Chairman Kirk. ABSTAIN: None. ABSENT: None. 26. It was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-089, recommending I approval of Tentative Tract Map 31 311, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. G :\WPDOCS\PC Minutes\ 10-28-03WD.doc Planning Commission Minutes October 28, 2003 27. It was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-090, recommending approval of Site Development Permit, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler,' and Chairman Kirk. NOES: None. ABSTAIN: None...ABSENT: None. VII. BUSINESS ITEMS: A. Use Interpretation for Zoning Code Section 9.65; a request of the City for consideration of whether or not a car wash is an allowed use in the Village Commercial District. 1. Chairman Kirk 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 Kirk asked if there were any questions of staff. Commissioner Abels stated he did not believe this was an acceptable area for car washes. 3. Commissioners Quill, Abels, Tyler, and Daniels agreed 4. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Ted Newell, applicant, explained he was looking for a conceptual approval for what he believes will be a beautiful carwash. He believes there is a need for-this use in this location. 5. Commissioner Abels asked if he had any recourse to the City Council. Staff stated no. .6. Chairman Kirk stated he did not believe it was the design of the carwash the Commission was reacting to but rather the use in this location. 7. There being no further discussion and no other public comment, Chairman Kirk closed the public comment portion of'the meeting and opened the matter for Commission discussion. G:~WPDOCS\PC Minutes\10-28-03WD.doc Planning .Commission Minutes October 28, 2003 $. It was the consensus of the Commission that the use interpretation does .not allow for a car wash in the Village zoning district. Mr. Newell asked if the Commission would find a drive-through restaurant more acceptable on this site. Staff stated it is a permitted use, but would require a Village Use Permit which again would require Planning Commission approval. B. Appeal of Public Nuisance Case 9693; a request of Robert and Barbara Valdivia for an appeal of a public nuisance at 54-360 Avenida Juarez. 1. Chairman Kirk informed everyone that this item .was being continued to the meeting of November 25, 2003. 2. It was .moved and seconded by Commissioners Abels/Tyler to continued November 25, 2003. Unanimously approved. C. Semi-Permanent Downtown Village Sign Program; a request of the City for consideration of a modification to the sign program in the Village Commercial District 1. Chairman Kirk 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 Kirk asked if there were any questions of staff. 3. There being no further questions of staff and no other public comment, Chairman Kirk closed the public participation portion of the meeting and opened the matter for Commission discussion. 4. There being no further comment, it was moved and seconded by Commissioners Daniels/Abels to adopt Minute Motion 2003-O19 accepting staff recommendations. Unanimously approved. IX. CORRESPONDENCE AND WRITTEN MATERIAL: X. COMMISSIONER ITEMS: 1. There was no report on the City Council meeting of September 16, 2003. G:\WPOOCS\PC Minutes\10-28-O3WD.doc ]'7 Planning Commission Minutes October 28, 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 November 25, 2003,. at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:13 p.m. Respectfully submitted, -/~Be~ty ~. Sa~Vyer, Execd~ive Secretary · ~ City of~_--~ Quinta, California G:\WPDOCS\PC Minutes\10-28-O3WD.doc 18