Loading...
2004 04 27 PC Minutes , -'" ' MINUTES . PLANNING COMMISSION MEETING . ' A regular meeting held at the La' Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 27,' 2004 7:00 P.M. , " I. CALL TO ORDER A. This meeting of the Planning Commission was reconvened at 7:09 p.m. by Vice Chairman Abels who asked Commissioner Daniels to lead the flag salute. B. Present: Commissioners Rick Daniels, Paul Quill, Robert Tyler, and Vice Chairman Jacques.'Abels It was moved and seconded by Commissioners . Daniels/Tyler to excuse Chairman Tom .Kirk. Unanimously approved. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney Michael Houston, Assistant City Engineer Steve Speer, Associate Planner Wallace Nesbit, and Executive Secretary Betty Sawyer. -- II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Vice Chairman Abels asked if there were any corrections to the Minutes of April ,13, 2003. Commissioner Daniels asked that Page 3, Item #10 be clarified to state while his home is over a half mile from the the HOA at PGA' West of which he belongs to was closer than 500 feet; therefore he declared a potential conflict with the project. There being no further corrections, it was moved and seconded by Commissioners Tyler/Daniels to approve the minutes as corrected. B. Department Report: None. V. PUBLIC HEARINGS: A. Site Development Permit 2004-806; a request of Perkowitz and Ruth Architects for consideration of a remodel to an existing vacant building, --, for occupancy by the Kohl's Department s,tore located at 78-960 Highway 111, on the west side of Adams Street, at the Whitewater Channel, in the One Eleven La Quinta Shopping Center. C:\Documents and Settings\cwalker\Local Settings\Temporary Internet Files\OLK7\4~27-04.DOC Planning Commission Minutes April 27 2004- -- 1 . Vice Chairman Abels opened the public hearing and asked for the staff report. Staff asked that the item be continued to May 1'1, 2004, to allow the applicant time to submit the materials needed for the Commission's review. It was moved and seconded by' Commissioners Tyler/Daniels to continue Site Development Permit ~ 2004-806 to May 11, 2004, as requested. Unanimously approved. B. Street Name Change 2003-015; a request of La Quints Polo Partners for , ' ,consideration of a street name change from Beth Circle to Norris Drive for the area west of Madison Street, south of Avenue 51. 1 . Vice Chairman Abels opened the publ.ic hearing and asked for thê staff report. Commissioner Tyler stated the Commission reviewed this request at their meeting of January 27, and he requests the. staff report be waived. , 2. There being no questions of staff and no other public comment, ---- - Vice Chairman Abels closed the public participation portion. 3. It was moved and seconded by Commissioners Tyler/Daniels" to adopt Planning Commission Resolution 2004-028; approving Street Name Change 2003-015, as recommended ROLL CALL: AYES: Commissioners Daniels, Quill" Tyler, and Vice Chairman Abels. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None. ' C. Sitø Development Permit 2004-803; a request of NO La Quinta Partners, LLC for consideration of architectural and landscape plans for three residential bungalow unit types for the property located on the south side of Hideaway Club Drive, within The Hideaway. 1 . Vice Chairman Abels opened the public hearing and asked for the staff report. Community Development Dir'ector Jerry Herman presented the information ,contained in the report a copy of which is on file in the Community Development Department. C:\Documents and Settings\cw~lker\Local Settings\Temporary Internet Files\OLK7\4-27-04.DOC 2 ---- Planning èommission Minutes April 27 2004 . 2. Vice Chairman Abels as,ked if there were any questions of staff. Commissioner Tyler asked that page 3 of the staff report be corrected to state, II...CVWD' water efficiency, requirement, ensuring...". ,Pa.ge 8 Condition #6 he understood air conditioning compressor pads were not permitted In the sideyard. Staff stated the Code prohibits it but -staff wanted to be sure the applicant is aware of the requirement. ' 3. There being no further questions of staff, Vice Chairman Abels asked if the applicant would like to address the Commiss'ion. Mr. John Gamlin, representing ND La Quinta Partners stated, they agreed with the conditions and are available for any questions. 4. Vice ~ Chairman Abels asked if there were any questions of the applicant. Commissioner Tyler asked if the clusterìng ~as something the market was looking for. Mr. Gamlin stated jt has been well received and there is a waiting list. Commissioner Tyler ._- stated he would be concerned about a detached garage that . distance from the, kitchen. 5. There being no further questions and no other public comm,~nt, Vice Chairman Abels closed the public' participation portion of the hearing. , ' 6. It was moved and seconded by Commissioners Tyler/Quill to adopt Planning Çommission Resolution 2004-029, approving Site Development Permit 2004-803, as amended: ROLL CALL: AYES: Commissioners Daniels, Quill, Tyler, and Vice Chairman Abels. NOES: None. ABSENT: Chairman Kirk. ABSTAIN: None. D. Tentative Tract Map 30092, Extension #2; a request of Covenant Development"Inc. for consideration of a one year time extension to file a final map for a subdivision of :t 37 acres into 97 single-family lots for the property located at the northwest corner of A venue 58 and, Monroe Street. 1 . Vice Chairman Abels opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the report a copy of which is on file in the Community Development Department. C:\Documents and Settings\cwalker\Local Se~tings\Temporary Internet Files\OLK7\4-27-04.DOC 3 Planning Commission Minutes .--'-- April 27 2004 2. ,Vice Chairman Abels asked if there were any questions of staff. Commissioner Tyler asked if Avenue 58 and Monroe Street adjacent to this property meet current road requirements. Assistant City Engineer Steve Speer stated they are County roads and 'it will have to be determined whether.""or not they are structurally adequate to 'be convørted to arterial streets. Staff would see that if the requirement was not in the conditions, they would see that it is added. 3. Commissioner Daniels asked if the applicant had received a copy of the changes. Staff stated they were not given a copy until this . evening. 4. There being no further questions of staff, Vice Chairman Abels asked if the applicant would like to address the Commission. Mr~ John Silver, representing Covenant Development, Inc., stated he has no objection to the conditions and was available to answer any questions. He asked staff to clarify the changes that were -- handed out at the meeting. Assistant City Engineer Steve Speer explained the changes. Mr. Silver stated he had no objections to the changes. 5. There being no further questions ,and no other public comment, Vice Chairman Abels closed the public participation portion of the hearing. 6. It was moved and seconded by Commissioners Quill/Daniels to adopt Planning Commission Resolution 2004-030, approving a 'one year time extension for Tentative Tract Map 30092, as recommended and amended. ROLL CALL: AYES: Commissioners Daniels, Quill, Tyler, and Vice Chairman Abels. NOES~ None. ABSENT: Chairman Kirk. ABSTAIN: None. VI. BUSINESS ITEMS: A. Continued - Public Nuisance Case 9693; a request of Robert and Barbara Valdivia for consideration of an appeal of a public nuisance determination for the property located at 54-360 Avenida Juarez. C:\Documents and Settings\cwalker\Local Settings\Temporary Internet Files\OLK7\4-27-04.DOC 4 Planning Commission Minutes April 27 2004 1 . Vice Chairman Abels opened the public hearing and asked for the staff report. Community Safety Manager Debra Conrad presented ~ the information contained in the report a copy of which is on file in the Community Development Department. Nohm Duzman, City Prosecutor, indicated the property owner will state that their attorney is unable to attend as he i's sick. There is nothing in the Municipal Code or State Code that requires the City to grant the appellant the right to have an attorney present, so the Commission can move forward with their review and decision. ' , 2. Vice Chairman Abels asked if there were any questions of staff.' Commissioner Tyler noted they had resolved some of the minor , . issues, but there were still some remaining and this has been going on for a long time. 3. There being no further questi,ons óf staff, Vice Chairman Abels asked if the applicant would like to address the Commission. Mrs. --.- ' Barbara Valdivia, 54.-360 Avenida Juarez, stated she had received a call from her attorney and asked, her to appear to ask for a continuance as he was ilL ' ' , . ' 4. Vice' Chairman Abels noted this had been continued numerous times and asked the Commissioners if they had any opinions. 5. Commissioner Tyler asked if the report was accurate. Mrs. Valdivia stated yes. 7. Commiss,ioner Daniels asked if they had been provided a list of things that needed to be done and was she willing to do them. Mrs. Valdivia stated she was advised to do nothing with the garage conversion until the other items had been completed and they have been unable to get someone out to the house to help , ' them. 8. Commissioner Quill a'sked how long they had lived in this house and if they did the garage conversions. Mrs. Valdivia stated they. have lived there 30 years. The perimeter wall was built with a -_._-. permit issued by Riverside county, but the County says they have no record of it. 9. There being no further questions and no other public comment, Vice Chairman Abels closed the public participation. C:\Documents and Settings\cwalker\Local Settings\Temporary Internet Files\OLK7\4-27-04.DOC 5 Planning Commission Minutes April 27 2004 10. Commissioner Tyler asked what the next process would be. Assistant City Attorney Michael Houston stated, the Planning Commission appeal is a matter of right of the Valdivias. If the Commission decides to uphold the prosecutor case, Mr. and Mrs. ' Valdivia has the right to appeal this decision to -the City Council, ' by submitting a written notice to the City Clerk within: ten days of the action taken at this meeting. The City Council is the final' authority. If no appeal"the decision of the Planning Commission is final. 11 . Commissioner Quill asked what the City's options were. ' Mr. Duzman stated that upon a final decision without an appeal, or upon the City Council denying the appeal, the City can: abate the: nuisance, file a civil or criminal matter which normally is not done but it is up to the City, or file a civil action and have a court of law order them to remove or obtain a permit for the structure. The goal is to have voluntary compliance and in this instance due'to the length of time, it'does not seem favorable this will ha'ppen. -_. - Commissioner Quill asked if the City has lien rights. Mr.l;)uzman stated yes, the City would have to sustain the costs initially, but it would, gain it back in the end. Commissioner Quill asked if the City could foreclose. Mr. Duzman stated yes, but it is very dra'stic movement and the City's goal is to achieve compliance on the'part of the appellant. 12. Commissioner Daniels stated it has taken a very IQn'g time getting to this point. 13. It was moved and seconded by Commissioners Daniels/Tyler to adopt Minute Motion 2004-010, denying an appeal of Public Nuisance Case 9693, as recommended. Unanimously approved with Chairman Kirk being absent. B. Site Development.Permit 2004-805; a request of Forrest Haag, ASLC, Inc. for consideration of five single-family home prototypes, each With' two façade treatments and landscape design plans for the property located, within Tract 31123, on the north side of Avenue 52, west of Vista Bonita'TraiL \ C:\Documents and Settings\cwalker\Local Settings\Temporary Internet Files\OLK7\4-27;.O4.DOC 6 Planning Commission Minutes April 27 2004 ~ 1 . Vice Chairman Abels asked for the staff report. Associate Planner , , Wallace Nesbit presented the information contained ,in the report a ,copy of which is on file in the Community Development Department.""" 2. Commissioner Daniels asked why the Architecture and Landscape Review Committee was recommending the elimination of the Queen Palm trees. Staff stated the applicant could answer. 3. There being no further questions of staff, Vice Chairman Abels asked if the applicant would like to 'address the Planning' Commission. Mr. Forrest Haag stated the' trees were deleted, ' , .. because of a current problem with the trees here in the desert. ' They have no objection to the condition deleting them. 4. Vice Chairman A~els asked, if, there were any questions of the applicant. Commissioner Tyler asked if the casitas units were , included in the totalsquare footage of the units. Mr. Haag stated casitas is a loosely used term for smaller thanmill,ion dollar homes. . This form of architecture is extremely popular. Commissioner Tyler asked how many plans would be available in the model home complex. Mr. Haag stated there will be five models. 5. There being no further questions, and no other public comment, Vice Chairman Abels closed the public participation and opened the matter for Commission discussion. 6. It was moved and seconded by Commissioners Tyler/Daniels to adopt Minute, Motion 2004-010 approving Site Development Permit 2004-805, as recommended. Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. A report was given on the City Council of April 20, 2004 by Commissioner Tyler. . B. Commissioner Daniels requested staff provide them with data on the commercial and residential land in the City and where there is vacant land, what is proposed for that site. I C:\Documents and Settings\cwalker\Local Settings\Temporary Internet Files\OLK7\4-27-04.DOC 7 Planning Commission Minutes April 27 2004 - ", IX. ADJOURNMENT: There being no further business., it was. moved and seconded by Commissioners Abelsl/Daniels. to adjourn this regular meeting of the Planning Commission to a reg'ular meeting of the Planning Commission to be held on May 11, 2004, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 7:51 p.m., on March 23¡ 2004. ' ~,=~~.,.,-",~.ftf..UIIY su, bmitt~t ". ;¡!f ?1L~~ . ' l,-B:U~:~xe~etary City of La ~:n;~,1 California , C:\Documents and Settings\cwalker\Local Settings\Temporary Internet Files\OLK7\4-27-04.DOC 8