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2003 11 25 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA November 25, 2003 7:00 P.M. 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 Tyler 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, Principal Planner Fred Baker, Associate Planners Greg Trousdell and Martin Maga~a, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: 1. Chairman Kirk asked if there were any corrections to the Minutes of October 28, 2003. There being no corrections, it was moved and seconded by Commissioners Abels/Tyler to approve the minutes as submitted. Unanimously approved. 2. Department Report: None. V. PUBLIC HEARINGS: A. Continued - Environmental Assessment 2003-484, Conditional Use Permit 2003-081, and Site Development Permit 2003-788; a request of ASL La Quinta Family Apartments, L.P. for Certification of a Mitigated Negative Declaration of environmental impact; review of develOpment plans and bonus density allowances for a multiple story 192-unit affordable apartment-complex on 10.11 acres with units ranging in size G :\WPDOCS\PC Minutes\ 11 - 25-O3WO.doc Planning Commission Minutes November 25, 2003 from 708 square feet to 1,057 square feet and a 2,608 square foot one story recreation building for property located on the east side of Dune Palms Road and approximately 650 feet south of Highway 1.11. 1. Chairman Kirk informed everyone the item was being tabled. It was moved and seconded by Commissioners Abels/Daniels to table the project. Unanimously approved. B. Site Development Permits 2003-790 and Sign Program 2003-737; a request of Stamko Development Co. for consideration of: 1 ) development plans for two multi-use retail stores consisting of 10,980 and 11,040 square fee; and 2) review of a sign program for Parcels 2, 7, 8, 9 and 10 plus the remainder building on Parcel 5, for the property lOcated at the southeast corner of Highway 111 and La Quinta Drive. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker 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 Tyler asked if the sign sizes were defined by the Specific Plan or the City's standards. Staff stated by the Specific Plan. Commissioner Tyler questioned Conditions #4 and #5 as being the same. Staff stated they would delete one. Commissioner Tyler asked that Condition #6 delete Coachelta Valley Unified School District; Condition 19.A paragraph 4 refers to Condition #10. Staff stated it should be changed to Condition # 1 5. Commissioner Tyler stated the sign program states a corner shop can have signage on three sides and he does not believe that is possible. Staff clarified the applicant was requesting to have three signs for the corner stores. Planning Manager Oscar Orci stated businesses could have a'rear entrance which would allow an additional sign. Commissioner Tyler asked that the language be clarified to read to end shops. 3. Chairman Kirk asked if the sign program for the multi-tenant buildings would doubled the amount allowed by the Zoning Code. Staff stated at the maximum sign area it could be doubled, but they will still need to meet the amount allowed for the total store lineal frontage. Chairman Kirk asked if the remainder Parcel 5 was G :\WPDOCS\PC Minutes\ 11-25-03WD.doc Planning Commission Minutes November 25, 2003 next to the approved PetsMart. Staff stated yes. The size. of the approved height for the Marshals and PetsMart sign is five feet. Chairman Kirk asked if signage was allowed on the end cap buildings. 4. Chairman Kirk asked if the applicant would like to address the COmmission. Ms. Chris Clarke, owner, reviewed, the appr'oved signs and asked for the deletion of the conditions that have already been completed. Conditions #4 and #5 can be combined; Condition #6 deleting reference to CVUSD; Condition #8 should be changed to reflect they are to pay $6,000 per acre for the developers fee; Condition #11 was approved under Site Development Permit 2002-728 and she does not understand why she is being required to do this if it is already done. Assistant City Engineer Steve Speer stated th'at Condition # 10, # 12, and # 17 are being deleted. The right-of-way condition is standard. As a standard practice staff includes it, but it can be deleted if the Commission so desires. Staff clarified that Condition #8 should be modified to state the fees are based on the Specific Plan or $6,000 per acre. Ms. Clarke asked that condition #16 be deleted as she has finished constructing the improvements..Staff noted that easements are determined after the application is submitted. Staff indicated there may be some drainage issues and staff therefore, does not want the condition deleted. Ms. Clarke stated the requirements were completed under Site Development Permit 2002-728. She then questioned Condition #19. Staff stated that if the applicant has completed the requirements, she will not be required to do it again, but until a review of the site has been completed, staff cannot sign off on these conditions. Ms. Clarke expressed her frustration regarding the conditions as it allows the City the opportunity to require additional conditions on her when she has already completed the work. Chairman Kirk asked if verbiage could be added that if the conditions were approved · under Site Development Permit 02-728, it would not be required again. She questioned condition #28. Staff stated again, that if the requirements are completed, they are not going to ask for anything further. Ms. Clarke asked about Condition #31. Discussion followed regarding the conditions. G :\WPDOCS~PC Minu',es\ 11-25-03WD.doc Planning Commission Minutes November 25, 2003 5. Commissioner Quill asked that the same language be applied to all the conditions that if the condition was met under Site DevelOpment Permit 2002-728, it will not be required again. 6. Chairman Kirk asked if there were any questions of the applicant. There being none, 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. 7. Commissioner Tyler stated he too questions why conditions are added that are not needed. He suggested staff use a disclaimer on conditions of this nature in the future. · 8. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-091, recommending approval of Sign Program 2003-737, as amended: a. The Sign Program shall be amended to refer to the building end cap. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 9. It was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2003-092, recommending approval of site Development Permit 2003-790, as amended. a. Conditions//4, 8, 10, 12, 15, 17: Deleted. b. Condition //6: The school district shall be changed to Desert Sands Unified School District c. Condition //16, 28 and //31: A disclaimer shall be added that if the applicant has satisfied the condition under Site Development Permit 2002-728, shall not be required again. d. Condition//19; refers only to the internal circulation. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. G :\WPDOCS\PC Mi nutes\ 11-25-03WD.doc 4 Planning Commission Minutes November 25, 2003 C. Site Development Permits 2003-789 and Conditional Use Permit 2003- 082; a request of Stamko Development Co. for consideration of development plans for a 5,909 square foot automotive repair and retail facility located on the southeast corner 'of Highway 111 and La Quinta Drive. 1. Chairman Kirk opened the public hearing and asked for the Staff report. Principal Planner Fred Baker 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 Tyler asked staff to clarify the location referred to by the Architecture and Landscaping Review Committee request regarding the removal of the pedestrian walkway. Staff indicated the location on the site map and stated the applicant has stated it would not be needed. Commissioner Tyler requested Condition #4 be delete any reference to Coachella Valley Unified School District; Condition #9.A. 1 and # 11 'be clarified as either a local o.r collector street; and clarify the language in Condition #26 as he is uncertain what staff is asking. Staff explained that the condition addresses a driveway that is a shared access for the parking. Commissioner Tyler expressed concern on the west elevation door colors. Staff displayed the color board. 3. Commissioner Quill asked if the roof on the front extended across the entire roof line. Staff stated it does not, it is a. usable space they intend to use for storage. 4. Chairman Kirk asked if the applicant would like to address the Commission. Ms. Chris Clarke, owner, explained the design of the doors and asked that Condition #6 be modified to note they are to meet the conditions of the Specific Plan; ConditiOn #1 6 should be limited to the parcel; Condition #25 again should have the disclaimer that if completed under Site Development Permit 2002- 728, it is not required and the same for Condition #29. 5. Commissioner Tyler asked if the roll' up doors could disappear visually. Ms. Clarke stated this was the best waY to deal with the roll up doors to make them compatible with the rest of the center. Mr. Gilbert Alcala, architect, clarified the pedestrian access way to G :\WPDOCS\PC Minutes\ 11-25-03WD.doc Planning Commission Minutes November 25, 2003 be removed is only that portion from the' sidewalk to the connecting sidewalk that goes into the building. As to the color of the roll up doors, they will be heavily landscaped to hide the doors. The color is an accent. He went on to describe the 'building architecture. 6. COmmissioner Daniels asked the elevation of the b~rm on La Quinta Drive. Mr. Alcala stated from the curb to'the top Of the berm it is 5-feet 6-inches. 7. Chairman Kirk asked if there were any questions of the applicant. There being none, 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. 8. There being no discussion, it was moved and seconded by. Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-093 recommending approval of Conditional Use Permit 2003-082, as recommended. ROLL CALL:' AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 9. It was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-094, recommending approval of 2003,789, as amended. a. Condition//4: Delete any reference to CVUSD. b. Deletion of Conditions//8, 10, and 14. c. Conditions//6,//1 6, #25,//29: Disclaimer added that if the condition was satisfied under Site Development Permit 2002-728, it will not be required again. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. D. Environmental Assessment 2003-784 and Site Development Permit 2003-792; a request of W. hiteco Residential, LLC for certification of a 'Mitigated Negative Declaration of environmental impact and review of G :\WPDOCS\PC Minutes\ 11-25-03WD.doc Planning Commission Minutes November 25, '2003 development plans for a 224 market-rate apartment complex for the property located at the northeast corner of Washington Street and .Palm Royale Drive. 1. Chairman Kirk opened the public hearing and asked for the staff report. Associate Planner Martin Maga~a presented the inf.0rmation 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 Daniels asked if there was transit access. Staff stated the bus stop is south of this site. 3. Commissioner Abels asked the location of the old Darby Road. Staff indicated its location .on the map. 4. Commissioner Tyler asked staff to clarify the revised conditions. Staff stated there is a change in regard to moving the entrance further east away from Washington Street. Assistant City Engineer Steve Speer gave an explanation of the changes. Discussion followed regarding the Circulation pattern.. Commissioner Tyler asked if the traffic analysis was done on the basis that Palm Royale Drive would not be extended to the south. Staff stated the School District's study took into account that there would be a signal at Fred Waring Drive and Palm Royale Drive. Staff used these figures as well, in evaluating this project. The cost of the signal will shared between the three developers. Discussion followed regarding the Darby Road. 5. Commissioner Quill asked if anything would happen to Darby Road · . that goes back to the Bermuda Dunes Country Club. Staff stated that from this project point east, it is not in the City. The County burdened the City with the cost of maintaining the street. Any capital improvements are the responsibility of the County. I Commissioner Quill asked if the applicant was aware of the additional 500 feet of dedication. 6. Commissioner Tyler asked about the impact to the single family homes to the east in the Environmental Assessment on page 15 I.a)-c). He questioned there were no homes within a mile of this site. Staff noted there are some nurseries and single family homes G :\WPDOCS\PC Minutes\ 11-25-03WD.doc Planning Commission Minutes November 25, 2003 in close proximity. Commissioner Tyler noted the elevation plans say there are six different models proposed and yet the packet only Shows two. Staff stated the applicant could answer that question. Commissioner Tyler asked that the water efficient landscaping requirement be added to the conditions. 7. Chairman Kirk asked if the applicant would like to ai:ldress the Commission. Mr. Tim Connelly, representing Whiteco, gave an explanation of the project and discussed concerns with certain conditions. In regard to the accessway, it is their estimation the most optimal location is 250 feet from Washington Street. After. meeting with staff they revised'their plan to meet the General Plan requirements. To move it 500 feet east of Washington Street would create a problem for them'. They would have to relocate more residential buildings along Washington Street which would limit their buildings to one story. The issue is. created by the School District and 'their main entry access. They would like to retain the original requirement of the Public Works Department. They would like to conduct a traffic study to validate this determination. In regard to the elevations, they are all varied, but the foundations are the same. Some buildings have garages, and some dO not. He questioned Condition #9 in regard-to the landscaping setbacks. Staff clarified the setbacks. Mr. Connelley questioned Condition #14 as it needed an ending date. Staff stated this condition could be deleted and any other reference to final map deleted. Mr. Connelly questioned Condition #25 regarding building pad elevations. Staff stated the condition could be deleted. Mr.. Connelly questioned having the condition regarding a meandering sidevvalk on Palm Royale Drive. They would prefer changing Condition 42.2.e. and allow a straight sidewalk as it would give them more opportunity for landscaping along their frontage. They would also like to ask that the portion of Darby Road that is on their site be vacated. Staff stated they would see that it is removed from the title report. 8. Chairman Kirk asked if there were any questions of the applicant. Commissioner Tyler asked about the two previously graded parcels and asked how they would handle these parcels. Mr. Kurt Saxon, Saxon Engineering, explained the grading plan. G:\WPDOCS\PC Minutes\l 1-25-03WD.doc ~ Planning Commission Minutes November 25, 2003 9. Commissioner Quill asked the location of the retentiOn basin. Mr. Saxon stated it is spread throughout the entire site. Commissioner Quill asked if all the units have garages. Mr. Connelley stated some residents will have a garage and some units will not. 10. Commissioner Daniels asked if they agreed with ..thle ALRC conditions. Mr. Connelly stated yes, but they did .questio~'the change in the stucco treatment requested by the. ALRC. Mr. Rick Havenough, Whiteco, described the difference between the two finishes and stated that to them, it is a waste of mo~ey, 1 1. Chairman Kirk asked about the design for the covered parking. Mr. Havenough explained the design. Chairman Kirk asked if they considered a three story building. Mr. Connelly stated they have found a resistance from people to live on a third .floor. 12. CommiSsioner Tyler asked why the ALRC wanted the difYerent finish. Staff explained they wanted a more authentic look. 13. Commissioner Quill asked why they would not mix up the colors. Mr. Havenough explained how they would mix the colors on the different 'elevations. 14. Chairman Kirk asked where the stone was being added to the buildings. Mr. Havenough stated this project would not have stone. 15. Chairman Kirk asked if there was any other public comment. There being none, Chairman Kirk asked if there was any discussion regarding the access. 16. Commissioner Abels stated he would concur 'with staff's recommendation. Mr. Connelley stated he takes issue because they have never been required to supply a traffic study. They have always used the School District's study. He believes this is i I an over compensation for the half hour of traffic. 17. Chairman Kirk asked if they would be in favor of having a continuance and to allow them time to conduct a traffic study. Mr. Connelley stated there are two issues in regard to. the entry: 1) a need to accommodate the right turn movement onto Washington Street; 2) the location of the entry as they have it G:\WPDOCS\PC Minutes\l 1-25-03WD.doc ~) Planning Commission Minutes November 25, 2003 now. They would like to be able to work with the School District to resolve the problem. Assistant City Engineer Steve Speer stated there are two issues. Staff is asking for the 500 foot long extra turn lane and to relocate the driveway out of this area. 1 8. Commissioner Quill asked if there were two right turn lanes would that not solve the problem. Staff stated that if .the cars are stacked back past the' right turn lane into this project, the. left turn in would be blocked. 1 9. Commissioner Daniels asked whatthe original City standards were for this development. Mr. Connelley stated they originally received a requirement for the 250 foot right turn lane. The 500 foot requirement came into being recently. Commissioner Daniels stated he is troubled by requirements that go beyond the normal standards after the fact. It seems studies were not required to ask for the additional requirements. 20. Commissioner Quill stated the burden has been placed on the developer by a problem caused by the School District. If there was no school across the street, the issues would not be the same. During the time before school and after school there is always this problem with the traffic. 21. Chairman Kirk clarified staff's concerns that the stacking that will occur during that half hour of school traffic the residents will not be able to enter through this one entrance, but there is a second entrance. Assistant City Engineer Steve Speer stated some residents will use the second entrance, but some will not. The City has hired a traffic engineer to fix some of the problems that exist in school zones. He has been meeting with the School District and has become aware of the needs at this particular location. As a result of meeting with the School District, his immediate reaction was to move the apartment complex access further to the east. This is why the condition came in so late. The developer is right in that the original conditions did not make this requirement, but due to the information obtained, it has changed. 22. Commissioner Tyler stated the biggest problem around schools is the driving pattern of the parents. In his opinion, having 500 feet to accommodate a half hour traffic problem is too much. Mr. G:\WPDOCS~PC Minuzes\l 1-25-03WD.doc ] 0 Planning Commission Minutes November 25, 2003 Connelley stated the School District still has not closed on the purchase of the land, so there is the possibility it may not be constructed at this location. They believe this is the best 'design for this site. 23. Chairman Kirk closed the public hearing and opened the matter for . Commission discussion. 24. Commissioner Tyler stated this is a tremendous improvement for this site. There is a problem with the access due to the school traffic, but the 500 foot lane is too much. 25. Commissioner Daniels stated their should be a sense of fair play in regard to the conditions.. He would recommend moving forward with the plans as submitted by the developer but encourage the developer to continue to work with staff to resolve the issue. Two turn lanes at 270 feet seems to be adequate and is consistent with the City's General Plan. 26. Commissioner Abels stated he agrees with staff's recommendation. He has always been developer friendly, but this is a problem the Commission has to face with and it needs to be resolved. 27, Commissioner Quill agrees this is a nice project, but he would have to agree that if the approval includes the additional 500 feet lanes, he would not be able to support it. He supports two 270 foot- lanes. 28. Commissioner Tyler stated the only place where there is a dual right hand lane is Fred Waring Drive and Highway 111. To require this little street to do the same, is too much. 29. Chairman Kirk stated it is a great project for the location. The architecture is good, but the stone and enhanced paving would add to the project. He has no problem requiring a project to conduct a traffic study to address their issues, but not an adjoining project's issues. He does believe it is too late to require a change to 500 feet. 30. There being no further discussion, it was moved and seconded by Commissioners Quill/Tyler to adopt Planning Commission G :\WPDOCS\PC Minutes\ 11-25-03WD.doc ] ] Planning Commission Minutes November 25, 2003 Resolution 2003-095, certifying a Mitigated Negative Declaration for Environmental Assessment 2003-487, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, .Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. . 31. It was moved and seconded by Commissioners Quill/Tyler to ~dopt Planning Commission Resolution 2003-096~ approving Site Development Permit 2003-792, as amended: a. Conditions #14 and 25: deleted. b. The ALRC recommendation for lace stucco deleted, but keeping the requirement for the roof pitch. c. Condition added requiring stone accents being added to the elevations. d. Deletion of amended Conditions #7.A.2, #11, #42, #42.A.2. e. Condition #42.2.e: Delete the requirement for the meandering sidewalk. f. Condition added that the City would vacate Da'rb¥ Road. g. Condition added: Applicant shall construct two 270 foot long right turn lanes (to their driveway from Washington Street). h. Condition added: The applicant shall meet the City's Water Efficient Landscaping Ordinance. ROLL CALL: AYES: Commissioners Daniels, Quill, and Tyler, Chairman Kirk. NOES: Commissioner Abels~ ABSTAIN: NOne. ABSENT: None. Chairman Kirk recessed the meeting at 9:40 p.m. and reconvened at 9:45 p.m. Chairman Kirk reorganized the Agenda and introduced Business Item A at the request of the City's Attorney and the applicant. VII. BUSINESS ITEMS: A. 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. G :\WPDOCS\PC Minutes\l 1-25-03WD.doc ] 2 Planning Commission Minutes November 25, 2003 1. Chairman Kirk informed everyone that the City's Attorney and the applicant would like the opportunity'to vvork out some issues and request this item be continued to the meeting of January 27, 2004. 2. It was moved and seconded by Commissioners Tyl.~r/Quitl to continue Public Nuisance Case 9693 to January 27, 2004. Unanimously approved. 3. Assistant City Attorney Michael Houston noted that both parties are present and received notice that this will be the date of the hearing. V. PUBLIC HEARINGS CONTINUED: E. Environmental Assessment 2003-483, General Plan Amendment 2003- 093, Zone Change 2003-116, Specific Plan 2003-067, and Site Development Permit 2003'787; a request of Coral Option 1 for certification of a Mitigated Negative Declaration of environmental impact; General Plan Amendment Zone Change to change land uses and zoning designations from Medium Density Residential to Low Density Residential, Mixed/Regional Commercial to Neighborhood Commercial and relocate the Neighborhood Commercial Designations, add Golf Course Designation, and eliminate the Major Community Facility Designation; development principles and design guidelines for two 18-hole golf courses, associated facilities and 1,400 residential units; development plans for two 18-hole golf courses, associated facilities and 1,400 residential units for the property located at the northwest .corner of Avenue 60 and Monroe 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. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked about the requirement for an additional fire station. Staff stated that for every 4,000 homes a fire station is needed. Trilogy currently has 1,203 homes but, whenever it is built out a fire station will be needed and it would be addressed at that time. Planning Manager Oscar Orci clarified that staff was G:\WPDOCS\PC Minutes\l 1-25-03WD.doc ] ~ Planning Commission Minutes November 25, 2003 requesting the applicant obtain proof from the Fire Department that a fire station will not be reqUired. To date staff has not been able. to get a reply by the Fire Department and thereforb, the burden' lies on the applicant to obtain such a statement. We have indicated to the applicant that we would like to have-,the land available for a fire station there, but have left it up to the discretion of the Fire Department. 3. Commissioner Daniels stated it appears the City will be losing 1 22 acres of Medium Density zoning. Staff stated yes, but it is being replaced with a similar single family homes land use designation'. Commissioner Daniels asked if we were losing our housing mix. Staff stated no, there is a mix of single family as well as duplexes contained in this project. Commissioner Daniels asked if-Madison street is an Arterial and whether or not it would go through to Highway 111. Staff st. ated it would go to Avenue 50, to the-City of Indio limits. 4. Commissioner Tyler stated the conditions should be changed to reflect that this project is within the Coachella Valley Unified School District. He then stated that on page 75 and 76 of the staff report it is not clear what the applicant would have to do if a General Plan Amendment was not approved. Assistant City Engineer Steve Speer clarified that' bike lanes were not included in. the condition and need to be accommodated. The condition needs to be rewritten to have a 96 foot right of way for' an Arterial. Commissioner Tyler asked that Condition 46.A.1 be rewritten for clarity. Also, the Water Efficient Landscaping requirement should be added. 5. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Patrick O'Dowd, representing the applicant, gave a presentation on the project. He introduced Forrest Haag, Dwight DeMay, Lloyd Watson, and Kelly Abeyratne who were part of the project team. Mr. Forrest Haag gave a presentation on the Specific Plan. Mr. DeMay gave a presentation on the master plan. 6. Chairman Kirk asked if there were any questions of the applicant. Commissioner Quill asked if there was a 60-inch water line through the middle of this property. Mr. Haag stated yes, but it was being relocated. G:\WPDOCS\PC Minutes\l 1-25-03WO.doc ] 4 Planning Commission Minutes November 25, 2003 7. Commissioner Tyler asked why the' properties on Avenue 58th were not acquired as part of this project. Mr. Haag stated they are smaller lots that they were unable to obtain. 'Commissioner Tyler asked the disposition of the palm trees. Mr. Haag stated the palm trees are no longer agriculturally producing, and have..become a problem to the developer as they can be a hazard.. Palms Will be used in the perimeter landscaping, if they can be.saved. 8. Commissioner Daniels stated two five acre parcels of commercial land seem unreasonable. Mr. Haag stated the bigger pieces are harder for one developer to develop. The Code requires ten acres of Commercial so they split it into two adjacent pieces that partner developers could develop. 9. Chairman Kirk asked if he had an example of a. five' acre commercial project that works. Mr. Haag stated a ranch/market with a dry cleaner would be a good use. The mix similar to that on the southwest corner of Highway 111 and Washington Street would work. 10. Commissioner Tyler asked if the requirement for a bike lane was a problem, Mr. Haag stated they have no issue .with the requirement. They will continue to work with staff to reflect them on their map. 11. There being no further questions of the applicant, Chairman Kirk asked if there was any other public comment. Mr. Joe Hammer, 74-757 North Cove Drive, Indian Wells, stated his family owns the property on the northeast corner of where this project is proposed. In addition, he and his wife own the 40 acres directly to the east of this property. Under the City's General Plan his property would be zoned commercial and residential. He supported this project, but would like to know what they intend to do on the east side and what street improvements are proposed for Monroe Street. Also, he questions why they are moving and proposing two small areas of commercial. 12. Mr. O'DOwd stated the property to the east will be developed as Medium Density, but currently, there are no plans in progress. The street will be developed at the '110 foot width as required by the City's standards. The purpose of the commercially designated G :\WPDOC$\PC Minutes\l 1-25-03WD.doc ] 5 Planning Commission Minutes November 25, 2003 land is to provide some services for their residents. 13. There being no other public comment, Chairman Kirk clo~d the public hearing and opened the matter for Commission discussion. 1 4. There being no further discussion, it was moved and se(~onded by Commissioners Tyler/Abels to adopt Planning"Commi~sion Resolution 2003-097, recommending certification of a Mitigated Negative Declaration for Environmental Assessment 2003-483, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 15. It was moved and seconded by Commissioners 'Tyler/Abels to adopt Planning Commission Resolution 2003-098, recommending approval of General Plan Amendment, as recommended. ROLL CALL: AYES: ~Commissioners Abels, Daniels, Quill~ and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None 16. It was moved and seconded by Commissioners Abels/Tyler to- adopt Planning. Commission Resolution 2003-099, recommending approval of Zone Change 2003-11 6, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. 17. It was moved and seconded by Commissioners Tyler/Abels to adopt Planning Commission Resolution 2003-100 recommending approval of Specific Plan 2003-787, as recommended and amended: a. Condition //3: change to CVUSD b. Condition added: The applicant shall meet the requirements of the City's Water Efficient Landscaping Ordinance ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. G :\WPDOCS\PC Minutes\ 11 -25-03WD.doc Planning. Commission Minutes November 25, 2003 18. It was moved and seconded by Commissioners Tyler/Abels to adopt Planning Commission Resolution 2003-101 recommending apprOval of Site Development Permit 2003-787, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and' Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: .None. . F. Development Agreement 2003-006 a request of Center Point Development, LLC and the Redevelopment Agency for consideration of a proposal to change the developer entity to CP Development La Quinta, LLC, for the property located at the southeast corner of Washington Street and Miles Avenue. 1. Chairman Kirk opened the public hearing and asked for the staff report. COmmunity Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Assistant City Attorney Michael Houston stated there is a dispute in regard to the ownership entities status of present party to the Development Agreement. He is asking that a condition be added requiring the City receive a receipt of an operating .agreement identifying the party who is responsible to negotiate with the City. The applicant has agreed to the condition. 3. There being no questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Richard Oliphant asked that the Commission approve the proposed changes to the Development Agreement. 4. Chairman Kirk asked if there were any questions of the applicant. There being none, 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. 5. There being no further discussion, it was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2003-102, recommending approval of Development Agreement 2003-006, as recommended. G :\WPDOCS\PC Minutes\ 1 1-2 5-O3WD.doc ] '7 Planning Commission Minutes November 25, 2003 ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. G. Environmental Assessment 2003-485, General Plan Amendmen~ 2003- 09'5, Zoning Code Amendment 2003-078; a request of the.City for consideration of certification of a Negative Declaration of environmental impact, an Amendment to Chapter 2 of the General Plan to allow. High Density Residential uses in the Commercial Park DiStrict, and an Amendment to Section 9.80.040, Table 9-5 of the Zoning Code to permit High Density Residential uses in a Commercial Park District, subject to review and approval of a Conditional Use Permit. 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. Chairman Kirk. asked if there were any questions of staff. Commissioner Tyler asked why this should not be tabled with the application that initiated the change. Community Development Director Jerry Herman stated that if the applicant were to submit his applications now, it would be a mute issue as the'General Plan would not currently allow the requested change. Staff is therefore taking the General Plan Amendment forward as it will not only assist this project when it is submitted, but other areas of the City as well. 3. 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. 4. Commissioner Tyler questioned whether this was good planning practices. ~15. Commissioner Quill stated he disagreed and thought it was a good opportunity to have mixed uses. 6. There being no further discussion, it was moved and seconded by Commissioners Abels/Quill to adopt Planning Commission Resolution 2003-103, recommending certification of a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2003-485, as recommended. G :\WPDOCS~P~ Minutes\ 1 1-2 5-O3WD.c/oc ] 8 Planning Commission Minutes November 25, 2003 ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT:' None. 7. There being no further discussion, it was moved and seconded by Commissioners Abels/Daniels to adopt Planning C~)mmission Resolution 2003-104, recommending approval .(zf'General 'Plan Amendment 2003,095, as recommended: ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN:' None. ABSENT: None. 8. It was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2003-105, recommending approval of Zoning Code Amendment 2003-078,. as recommended; ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. H. Zoning Code Amendment 2003-079; a request of the .City for consideration of an Amendment to the Municipal Code Sections: 9.160.020, Table 9-17-7 Exempt Signs, relating to Christmas Lights; 9.40.040, Table 9-1 Other Uses, adding' churches as conditionally permitted in residentially zoned' area; 9.60.100.D.1 Guesthouses, to include detached guesthouses in the Minor Use Permit process, and 13.12.1 60.B of the Tentative Subdivision Maps, to allow tentative tract map time extensions to be granted by the Community Development Director when there is no 'change. 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 Daniels asked if the issue of Christmas lights was enforceable. Staff stated that was why it was being presented. 3. Commissioner Tyler stated Section 9.1 60.020 does not state when the lights can put it up. It should give a date of when to begin and end. Assistant City Attorney Michael Houston stated G :XWPDOCS\PC Minutes\ 11-25-03WD.doc Planning Commission Minutes November 25, 2003 that' in light of Code Enforcement' issues it would be best to have a date to begin and end. Staff recommended 45 days prior to and 21 days after. 4. 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. 5. Commissioner Tyler questioned whether this was good planning practices. 6. Commissioner Quill differed in that he thought it was a good opportunity to have mixed uses. 7. There being no further discussion, it was moved and seconded by Commissioners Abels/QUill to adopt Planning Commission Resolution 2003-106, recommending approval of Zoning Code Amendment 2003-079, as recommended. ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, and Tyler, Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT: None. IX. CORRESPONDENCE AND WRITTEN MATERIAL: X. COMMISSIONER ITEMS: A. Staff informed the Commission that there was a need to hold a Commission on December 23, 2003 and staff was asking whether or not Commissioners would be present. Following discussion, it was determined the meeting would be held. B. Commissioner Daniels asked for a report on how much commercial acreage had been lost this year. C. Commissioner Tyler gave a report on the Council meeting of November 18, 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 December 9, 2003, at 7:00 p.m. G :~WPDOCS\PC Minutes\ 11-25-03WD.doc 20