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2004 06 22 PC Minutes MINUTES PLANNING COMMISSION MEETING A . regular meeting .held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA June 22, 2004 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 Tyler to lead the flag salute. B. Present: Commissioners Jacques Abels, Rick Daniels, Paul Quï'll, Robert Tyler, and Chairman Tom Kirk. C. Staff present: Community Development Directòr Jerry Herman, Assistant City Attorney Michael Houston, Planning Manager Oscar Orci, Assistant City Engineer Steve Speer, and Principal Planner Stan Sawa. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any corrections to the Minutes of the regular meeting of June 8. 2004. Commissioner Tyler asked that Page 4, Item #6 be amended to state: ".. .enough room for a deceleration right turn. .. "; Page 6, Item #20, "... primary entrance deceleration lane wil be required..."; 1 0, Item #3, 11...the current owner as the property is currently listed for sale." There being no further corrections, it WSiS moved and seconded by Commissioners Abels/Quill to approve the minutes as amended. B. Department Report: None. V. PUBLIC HEARINGS: A. Site Development 2004-809; a request of Watermark Villas LQ, L.L.C. for consideration of development plans for the construction of 250 resort residential condominiums, a restaurant/clubhouse, and other minor ancillary facilities for the property located at the northwest corner of Avenue 52 and Jefferson Street. . . G:\ WPDOCS\PC Minutes\6.-22-04.doc Planning Commission Minutes June 22, 2004 1 . Chairman Kirk opened the public hearing and asked for the staff report . Planning Manager Oscar Orci presented the information contained in the report a copy of which is on file in the Community Development Department. Staff informed the Commission that com.munications had been received from the Citrus Homeowners' Association requesting three items be clarified: 1) the applicant has agreed to replace the proposed 24-inch trees with 36-inch trees; 2) mounding around the perimeter along the Citrus neighborhood; and 3) the planting of palms. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels stated this project was given a change in zone as it was to create Transient Occupancy Tax for the City. Staff clarified the project was to be a resort condominium project and the units would not be fully occupied throughout the year. Council agreed to this designation, but no development agreement was drafted between the applicant and the City. 3. Commissioner Quill stated part of the justification for the zone change was that there would be an offset with the TOT fees. 4. Commissioner Abels asked about the tunnel to the City's golf COl:Jrse~ Staff stated it is yet to be resolved. 5~ Chairman Kirk asked if the landscaping accommodates the right of way that will be needed. 6. Commissioner Daniels asked if the tunnel would be open to the public. Staff stated yes. 7. Commissioner Tyler stated his concern about the name change to Watermark Villas at SilverRock. He then asked if the issue regarding the deceleration lane was resolved. Staff stated there were two accesses; one off Avenue 52 and one off Jefferson Street. Neither has a deceleration lane. He is also troubled by the letter from the Citrus HOA as some of the issues raised are not within the purview of the City to approve. 8. Planning Manager Oscar Orci stated a condition needed to be added regarding the applicant meet the City's standard landscaping requirement for water efficiency. G:\WPDOCS\PC Minutes\6-22-04.doc 2 Planning Commission Minutes June 22, 2004 9. Commissioner Tyler asked the height of the restaurant building. Staff stated it would be 22 feet. Commissioner Tyler asked that the number of parking stalls be defined. 10. There being no further' questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Matthew Hladek, developer for the project, gave a presentation on the project. In regard to the HOA letter they have worked very diligently with them to accommodate their requests. In regard to the TOT, they are in agreement and request staff's assistance in completing the forms. The tunnel location is still in process. 11 . Chairman Kirk asked if there were any questions of the applicant. Commissioner Daniels clarified that the applicant was willing to meet the requests of the HOA, except for the ten foot poles staking on buildings. Mr. Hladek stated they had met wit,h the HOA before the processing to ensure they were in agreement with the plan. 12. There being no further questions of the applicant Chairman Kirk asked if anyone else would like to speak on this issue. Mr. Doug Nairne, 79-780 Citrus, stated the restaurant will be 22 feet in height. With some excavation, all the buildings could be 22 feet in height. The landscaping plan they reviewed shows 82 trees along the Citrus border. They would like it to be a requirement that all the trees are planted. Lastly, the builder should be required to post a bond to ensure the work is completed. 13. Commissioner Tyler asked for clarification on what Mr. Nairne was asking for in regard to the trees. Mr. Nairne stated he wanted to be sure the Commission would require the developer to plant all the trees that are shown on the landscape plan. ~ 14. Ms. Barbara Kennard, 79-780 Citrus, stated her property was across the street from the project. She has no' objèction to the project, but has the following reservations: prior to construction, the height poles delineating the size and shape of the condos be erected by the builder and pendant flags be attached across the top to outline the shape and position of the buildings in question. This will serve as a guide for the accurate placement and timely planting of the trees as they are crucial. The builder' be held to the G:\WPDOCS\PC Minutes\6-22-04.doc 3 Planning Commission Minutes June 22, 2004 planting of the species noted in the staff report. The trees be of adequate density and height so the condo project is not visible from the Citrus street side. The number of trees shall not be limited to 40 as mentioned' in a previous report. It should be as many trees as necessary to accommodate a thorough screening process. No certificate of occupancy be granted until after the final approval of the planting of the trees by the Citrus HOA. These requests are made to protect their property values. 15. Mr. Hoyt Chitwood, 79-900 Citrus Drive, representing the HOA, stated they were only asking that the mutually agreed upon issued be required. In regard to making the buildings with the flags is to get the trees in the ground as soon as possible to block the view of the framing. 16. There being no other public comment, Chairman Kirk closed the public participation portion of the hearing. 17. Commissioner Quill stated that if th~ number of trees are on the plans, then they will not receive a certificate of occupancy until they have complied with the plans. In his opinion, the applicant has gone beyond what has been asked of him by the City and the HOA. 18. Commissioner Daniels stated he is impressed with the project. Access to the . tunnel will bring a lot to the neighboring communities as far as access to the City's golf course. In his opinion, the measure the applicant has gone to meet the requests of the 'adjoining project as well as his own, is beyond the expectation. 19. Commissioner Tyler stated the Citrus HOA may want to consider reaching a balance. In regard· to setting poles, this was done for the Tradition project trying to resolve the height of. homes to be constructed. There were mixed results and no evidence was seen as to what they accomplished. He likes the project, especially the underground parking. In regard to the height of the buildings, this is what the Code allows. He supports the project. 20. Commissioner Daniels stated there is one assurance for the HOA, that if the vote is to approve the project with the revisions submitted, no building will be built until all details are constructed. G:\ WPDOCS\PC Minutes\6-22-04.doc 4 Planning Commission Minutes June 22~ 2004 21. Commissioner Tyler asked about Condition #7. Staff stated the only issue to be resolved is the bèrm. This will not be addressed when they submit their grading plans. 22. Chairman Kirk asked if the Commission was going too far by requiring the developer to meet the HOA requests. Assistant City Attorney Michael Houston stated the City can incorporate these requests' into the conditions if they chose to. As to what off-site requirements are included on the plans, it is a policy decision. Chairman Kirk noted the type of trees, mounding, poles, etc. have all been addressed and required by the Commission previously on other projects. He sees no reason not to include these requirements in the conditions. 23. Commissioner Tyler stated his concern is that if there is a disagreement later on, the City is part of the decision which puts the City into an awkward position. Planning Manager Osc~r Orci stated that if the Commission approves the landscape plan as submitted, the Commiss·ion is approving what the HOA has requested. 24. Chairman Kirk stated this is a good project. With the reduction in the sea of asphalt, it is a welcome project. The Commission should hold both parties to the agreement they have made informally by including the letter as part of the Conditions of Approval. ' In addition, the Commission should hold to the requirements in regard to the TOT. Planning Manager Oscar Orci stated that in reviewing the Specific Plan, there are conditions that address the TOT requirement. Rental information is to be provided to potential owners/renters of the project. 25. Commissioner Tyler noted that he was in opposition to the position the City was taking but would not vote against the project. 26. It was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2004-037, approving Site Development Permit 2004-809, as amended: a. Condition #7 amended: The applicant shall comply with the City's Water Efficient Ordinance. ~ G:\ WPDOCS\PC Minutes\6-22-04.doc 5 , Planning Commission Minutes June 22, 2004 ROLL CALL: AYES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. . NOES: None. ABSENT: None. ABSTAIN: None. B. Environmental Assessment 2004-504 and Tentative Tract Map 32201; a request of Choice Enterprise for consideration of' a Mitigated Negative Declaration of environmental impact and the sùbdivision of 7.41 acres into 24 single-family lots and one retention lot for the property located at the northwest corner of Madison Street and Avenue 60. 1 . Chairman Kirk opened the public hearing and asked for the staff report. Planner Manager Oscar Orci presented the information contained in the 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 Condition #14.A. in that it does not address A venue 60 landscaping. Assistant City Engineer Steve Speer stated A venue 60 west of Madison Street is a local street and does not have any setback requirement. Commission Tyler asked about Condition #56 A.2.a. be corrected to note this street is not paved. 3. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. Gabriel Lujan, representing Choice Enterprises, stated they had no· objections to the conditions as submitted. 4. Còmmissioner Tyler stated the configuration' of the lots will make it difficult to market. Mr. Lujan stated they have a couple flag lots and these may have custom lots. 5. Chairman Kirk asked if there was any other public comment. Mr. Will ie Alexander, 53-450 A venida Ramirez, asked if the Commission was requiring them to improve 14 feet of A venue 60 on. the south side of the site. Staff stated this was correct. 6. There being no further questions of the applicant and no other public comment, Chairman Kirk closed' the public participation portion of the hearing. G:\ WPDOCS\PC Minutes\6-22-04.doc 6 Planning Commission Minutes June 22, 2004 7. It was moved and seconc;ted by Commissioners Tyler/Daniels to adopt Planning Commission Resolution 2004-038, recommending certification of a Mitigated Negative Declaration for Environmental, Assessment 2004-504, as submitted. ROLL CALL: A YES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. B. It was moved and seconded by Commissioners Tyler/Daniels to adopt Planning Commission Resolution 2004;.039, recommending approval of Tentative Tract Map 32201, as recommended. ROLL CALL: A YES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABST AIN: None. C. Tentative Tract Map 32453;. a request of ND La Quinta Partners, Inc., LLC, for approval of the subdivision of 27 ± acres into 29 residential lots, one clubhouse lot and other miscellaneous lots for the property located on the east side of Jefferson Street, north of Avenue 54, within The Hideaway. 1 . Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the report a copy of which is on file in the Community Development Department. Staff noted changes to Condition #10 and # 1 6 and a condition that all Fire Marshal conditions shall be complied with. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked if the applicant has reviewed the conditions. Staff stated yes and he is aware of the changes to the conditions. 3. Commissioner Tyler stated the staff reports stated the garage lots are adjacent to each other and yet the tract map does not show this. Staff stated the report refers to the lots being adjacent and the garage units are detached from the dwelling lot. G:\WPDOCS\PC Minutes\6-22-04.doc 7 Planning Commission Minutes June 22, 2004 4. Chairman Kirk asked if the applicant would like to address the Commission. Mr. John Gamlin, r~presenting the applicant, stated they have reviewed the conditions and have no objections. He went on to describe the project. 5. Commissioner Quill stated there appear to be locations where the lot lines cross over what appears to be rear yard courtyard walls that would be affiliated with a specific units. These are areas that would not be part of the common use. Mr. Gamlin stated the walls were to be designed to be on 'property lines, but there were cases where easements were recorded over the lots to accommodate the wall condition. This is a higher density product and they wanted some intimate spaces between the units for some of the products. Discussion followed regarding how this was to addressed. 6. Commissioner Tyler asked where Lot A would go. The applicant stated it provides access to the back lot of the clubhouse as well as Lots 28 and 29. 7. Commissioner Quill asked about the lots set aside for the garages, will there be deed restrictions recorded to keep it from being sold separately. The applicant stated it would be addressed in the CC&R's. 8. Commissioner Tyler stated his concern of the marketability of resident having to walk a great distance to get to the garages. Mr. Gamlin stated it is a seasonal community and he trusts his marketing people to produce a unit that will sell. 9. Chairman Kirk asked if there was any other public comment. There being none, the public participation portion of the hearing was closed. 10. It was moved and seconded by Commissioners Abels/Daniels to adopt Planning Commission Resolution 2004-040, recommending approval of Tentative Tract Map 32453, as recommended: ROLL CALL: A YES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: Nonf%. ABST AIN: .: None. . G:\WPDOCS\PC Minutes\6-22-04.doc 8 Planning Commission Minutes June 22, 2004 VI. BUSINESS ITEMS: A. Street Name Change 2004-018; a request of ND La Quinta Partners for consideration of adoption of a Resolution of Intent setting July 27, 2004 as a Public Hearing date to consider a street name change from Via CC to Via Montecitb and Via DD to Via Mallorca., 1 . Chairman Kirk asked for the staff report. Principal' Planner Stan Sawa presented the information contained in the report a copy of which is on file in the Community Development Department. 2. There being no questions it was moved and seconded by Commissioners Tyler/Daniels to adopt ,Planning Commission Resolution 2004-041 , approving a Resolution of Intent setting the date of July 27th as the public hearing date to consider Street Name Change 2004-0.18, as recommended. ROLL CALL: A YES: Commissioners Abels, Daniels, Quill, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABST AIN: None. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. Chairman Kirk noted this was this last meeting for Commissioners Abels and Tyler and commended them on their dedication to the City. He also noted the new Commissioners Krieger and Ladner who would be joining the Commission at their next meeting. 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 regular meeting of the Planning Commission to be held on July 13, 2004, at 7:00p.m. This meeting of the Planning Commission was adjourned 8':21 p.m., on June 22, 2004. ctfully submitted, ~~~ve Secretary a Quinta, California G:\ WPDOCS\PC Minutes\6-22-04.doc 9