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2004 09 28 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La QuintaCity Hall . 78-495 Calle Tampico, La Quinta, CA September 28, 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 Daniels to lead the flag salute. B. Present: Commissioners Rick Daniels, Kay Ladner, Paul Quill, and Chairman 'Tom Kirk. It was moved and seconded by Commissioners Daniels/Ladner to excuse Commissioner Krieger. C. Staff present: Oscar Orci, Interim Community Development Director, City Attorney Kathy ~enson, Assistant City Engineer Steve Speer, Principal Planners Stan Sawa and Fred Baker, Associate Planners Wallace Nesbit, Martin Magaña, and Executive Secretary Betty Sawyer. 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 September 14, 2004. There being no corrections, it was moved and seconded by Commissioners Daniels/Ladner to approve the minutes as submitted. B. Department Report. None. V. PUBLIC HEARINGS: A. Environmental Assessment 2004-516 and Site Development Permit 2004-811; a request of Rich Boureston for consideration of adopting a Mitigated Negative Declaration of environmental impact and development plans to construct a 42,000 square foot medical office building on 3.44 acres for the property located at the southeast corner of Washington G:\ WPDOCS\PC Minutes\9-28-04.doc Planning Commission Minutes September 28, 2004 Street and Lake La Quinta Drive. 1 . Chairman Kirk opened the public hearing and asked for the staff report. Staff informed the Commission that the applicant had requested a continuance to October 1 2, 2004. 2. It was moved and seconded by Commissioners Daniels/Quill to continue the project to September 28, 2004. Unanimously approved. B. Environmental Assessment 2004-511, Specific Plan 2004-073, and Tentative Tract Map 31874; a request of Stonefield Development, Inc. for consideration of establishing development principles, guidelines and programs to allow the subdivision of 40 acres into 102 residential lots· for the property located at the northwest corner of Monroe Street and Avenue 53. 1 . Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff asked that a condition be added per the request of the Coachella Valley Unified School District regarding providing a bus turnout on Monroe Street. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked what was happening in area 3 in the southeast section. Staff stated it was the retention basin and the other area is a park. 3. Commissioner Quill asked staff to explain the process for the annexation of this site and the environmental impacts. Interim Community Development Director Oscar Orci explained the process and the environmental determination. 4. Chairman Kirk asked about the Mitigation Monitoring Report in regard to temporary power. Staff explained they were required to have temporary power poles to avoid onsite generators. Chairman Kirk asked if these were mitigation measures that went beyond what the Code requires. Staff explained the mitigation measures are based on CEQA, not Code requirements. G:\WPDOCS\PC Minutes\9-28-04.doc 2 Planning Commission Minutes September 28, 2004 5. Commissioner Daniels asked if the cul-da-sac in the northwest corner would go to the adjacent property. Staff stated no. The property to the west is a private development and there is no intention to join the two. Commissioner Daniels asked if they could pull the cul-de-sacs back to allow more landscaping area. Staff stated this would be a question for the applicant. Commissioner Daniels asked why they submitted a Specific Plan. There does not appear to be an advantage to having the Specific Plan. What is the advantage in this project. Staff stated they have provided an enhanced multi-use trail. 6. There being no further questions of staff, Chairman Kirk asked if the .applicant would like to address the Commission. Mr. Mike Peroni, The' Keith Companies, representing the applicant, gave a presentation on the project. He also explained the cul-de-sac would be landscaped so it does not appear to be a dead-end street. This cul-de-sac setback from the property line is 17 feet and the other is ten feet. The setback where the equestrian facility on the north side has been increased to 30 feet wide has been enhanced for the equestrian users. In regard to the common recreation area, they have three zones of activity. Shade structure, play area, and a basketball court. 7. Commissioner Ladner asked if the City maintains the trails. Assistant City Engineer Steve Speer stated that for the most part they are maintained by the homeowners' association. Commissioner Ladner asked whose responsibility was it to insure the trail. Staff stated the HOA. Commissioner Ladner stated it will be difficult for the HOA to insure the trail area. 8. Commissioner Quill stated this may need to be answered at the staff level. Assistant City Engineer Steve Speer stated it is not in the right-of-way and therefore the responsibility of the HOA. 9. Commissioner Ladner stated the insurance carriers do not want to carry them so it may not be possible for the HOA to get the necessary insurance. City Attorney Kathy Jenson asked if an easement is to be dedicated for public use. As a basic rule there is a provision that if the City owns or controls it, it can be a responsibility of the City. If there is a cause of action the City will be liable. There could be a shared liability issue. Assistant City Engineer Steve Speer stated it is a privately maintained system. G:\ WPDOCS\PC Minutes\9-28-04.doc 3 Planning Commission Minutes September 28, 2004 Some of these details have not been worked out. 10. Commissioner Ladner stated it is easier for the City to insure the trail. In the instances where she has worked with an HOA to obtain insurance, the HOA has not been able to obtain the insurance. 11 . Mr. Art McCaul, Stonefield Development, stated they have done a lot of developments that have horse trails. This is a lettered lot and will be dedicated to the City. In other instances it has always been a part of the Master Trail System and the City has taken the liability. From a practical manner, they want it maintained by the City. This has been an understanding they have had from the beginning. 12. Chairman Kirk asked for an explanation of Exhibit 9, on the east/west road, as the drainage does not appear to be headed toward the drainage system. Is this a subsurface system? Mr. Doug Franklin, engineer for the project, stated there will be a storm drain. The drainage will be split between Lot R and Lot U. The low points will have a catch basin. Chairman Kirk asked if they have seen the Vista Santa Rosa design guidelines. Mr. Peroni stated yes. Chairman Kirk asked if something was developed across the street in the County, will this be compatible with this development. Mr. Peroni stated the goal is to have a rural atmosphere. 1 3. Commissioner Daniels asked if the two western cul-de-sacs were shortened, would there be any repercussions? Is there way to shorten the cul-de-sac without losing a lot? Mr. Peroni stated they would need to work with it to see if this could be done. Mr. McCaul stated there will be a perimeter wall and landscaping to buffer the cul-de-sacs. 14. Commissioner Daniels asked if they have any issue with the conditions. Mr. Doug Franklin stated they have a concern with the deceleration lane because with the enhanced trail, it does not appear there will be enough room. Mr. McCaul stated the property owner to the south would have more room for the deceleration lane. Assistant City Engineer Steve Speer stated it has more to do with where Sunline and the School District wan~ their bus turnout to be located. They pick the locations and staff works with them· G:\WPDOCS\PC Minutes\9-28-04.doc 4 Planning Commission Minutes September 28, 2004 to ensure they are safe locations. Interim Community Development Director Oscar Orci stated the condition stated a bus .turn will be required if Sunline determines the need. Staff can add the school district to that condition. 15. Commissioner Quill suggested staff obtain a master bus turnout map from the school district that showed their preferred locations. 16. Chairman Kirk asked if there was any other public comment. There being no further public comment, the public participation portion of the hearing was closed and open for Commission discussion. 17. Commissioner Daniels asked about the lot configuration. 18. Commissioner Quill stated the only way to accomplish what they want on the cul-de-sacs is to have flag lots. Staff stated the adjoining project proposes a well site at this location. Following discussion, Commissioner Daniels stated he would still like to see the cul-de-sac moved back. 19. Chairman Kirk commended the applicant on their Specific Plan. 20. Commissioner Quill stated that if the lot is deeded to the City the HOA can maintain the. trail. 21 . Chairman Kirk reopened the public hearing. Mr. McCaul stated they would be happy to maintain the trail. City Attorney Kathy Jenson stated there is no expressed condition that requires them to maintain the trail. She assumes the City will have an easement, but the maintenance will be on the developer and should be set out in the conditions. It is strange to have the City own the property in fee and another entity maintain it. This project will go to the City Council and staff can review the issue with the applicant. 22. It was moved and seconded by Commissioners Daniels/Quill to adopt Planning Commission Resolution 2004-070, recommending certification of a Mitigated Negative Declaration for Environmental Assessment 2004-511, as recommended: G:\WPDOCS\PC Minutes\9-28-04.doc 5 Planning Commission Minutes September 28, 2004 ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioners Krieger. ABSTAIN: None. 23. It was moved and seconded by Commissioners Daniels/Quill to adopt Planning Commission Resolution 2004-071, recommending approval of Specific Plan 2004-073, as recommended: ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Krieger. ABSTAIN: None. 24. It was moved and seconded by Commissioners Daniels/ to adopt Planning Commission Resolution 2004-074 recommending approval of Tentative Tract Map 31874, as recommended and amended: a. Condition added: The applicant shall work with staff to redesign the cul-de-sac to increase the landscape setback. b. Condition added: Show subterranean drainage on Exhibit II A II of the Specific Plan. c. Condition added: If the site is critical to Sunline and/or CVUSD then a bus turnout shall be provided as approved by the Public Works Department. Staff shall obtáin a copy of the Coachella Valley Unified School District's master plan of bus turnouts. d. Condition added: Staff shall work with the applicant to clarify the subject parcel for the multi-purpose trail, will be maintained by the developer or HOA. ROLL -CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Krieger. ABSTAIN: None. C. Village Use Permit 2004-019; a request of Dr. _ John Dixon for consideration of development plans for construction of a 4,494 square foot addition to an existing 1 ,450 square foot building for medical office uses for the property located at the northeast corner of Desert Club Drive and Calle Cadiz. 1 . Chairman Kirk excused himself due to a potential conflict of interest due to the location of his home. G:\ WPDOCS\PC Minutes\9-28-04.doc 6 Planning Commission Minutes September 28, 2004 2. Vice Chairman Quill opened the public hearing and asked for the staff report. Staff informed the Commission that the applicant had requested a continuance to October 1 2, 2004. 3. It was moved and seconded by Commissioners Daniels/Ladner to continue the project to September 28, 2004. Unanimously approved with Commissioners Kirk and Krieger being absent. Chairman Kirk rejoined the Commission. D. Development Agreement 2003-006, Amendment #1; a request of the City for consideration of an Amendment to the Development Agreement by and between the City of La Quinta and CP Development La Quinta, LLC, the property located at the southeast corner of Miles Avenue and Washington Street. 1 . Chairman Kirk opened the public hearing and asked for the staff report. Interim Community Development Director Oscar Orci presented the information contained in the report a copy of which is on file in the Community Development Department. 2. There being no questions of staff and no public comment, Chairman Kirk closed the public participation portion of the hearing. 3. It was moved and seconded by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2004-073, approving Development Agreement 2003-006, Amendment # 1, as recommended: ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioners Krieger. ABST AfN: None. E. Environmental Assessment 2004-521 and General Plan Amendment 2004-102; a request of the City for consideration of adopting a Negative Declaration of environmental impact and Amendment to the General Plan Housing Element. 1 . Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information G:\ WPDOCS\PC Minutes\9-28-04.doc 7 Planning Commission Minutes September 28, 2004 contained in the report a copy of which is on file in the Community Development Department. Staff introduced Colin Drukker , The Planning Center, who gave a presentation on the Housing Element. 2. Commissioner Daniels asked· if the figures presented were the percentages for this region as provided by SCAG. Mr. Drukker stated yes. Six percent of the new construction growth anticipated by SCAG was the figure given to La Quinta. 3. Chairman Kirk asked what was the most cost effective program, in different cities, for diversifying housing stock. Mr. Drukker stated the use of Redevelopment funds as the State mandates the 20% set-aside for housing. The most cost effective is using these funds in a partnership with a non-profit builder. 4. There being no further questions of staff, Chairman Kirk asked if there was any other public comment. Mr. Arturo Rodriguez, CVRLA, stated his comments were based on an earlier copy of the Housing Element and found out today they were reviewing an older version and would request additional time to review and prepare comments. In regard to the staff report, reference was made to their letter of May 10th letter, but no mention to their August 11 th letter which expanded on their comments stated in the May 10th letter. They have not had any communication with staff on either letter. 5. Chairman Kirk asked staff's response. Mr. Drukker stated the draft Housing Element June copy w·as the same as this version. The Negative Declaration has been out for review and the comment period has ended. Staff has responded to the August 11 th letter. Chairman Kirk asked if this correspondence had been given to the Commission. Principal Planner Fred Baker stated the Draft Element has been in its third review with the State. The State asked that the Draft Element be distributed to seven agencies with a response within ten days. Staff has been in the process of responding to the comments that were received from those agencies. Chairman Kirk asked if there were any ramifications to continuing this for two weeks. 6. It was moved and seconded by Commissioners Daniels/Quill to continue this item for two weeks. Unanimously approved. G:\WPDOCS\PC Minutes\9-28-04.doc 8 Planning Commission Minutes September 28, 2004 Chairman Kirk excused himself due to a potential conflict of interest and left the dais for the next two agenda items. F. Site Development Permit 2004-813; a request of Desert Cheyenne for consideration of architectural plans for three prototypical floor plans, common area and perimeter landscape plans for a 128 single-family subdivision on ± 80 acres, for the property located at the southwest corner of Avenue 52 and Monroe Street. 1 . Vice Chairman Quill opened the public hearing and asked for the staff report. Interim Community Development Director Oscar Orci presented the information contained in the report a copy of which is on file in the Community Development Department. 2. There being no questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Mr. John Pedalino, Desert Cheyenne, gave a presentation on the project. 3. Vice Chairman Quill asked if there was any other public comment. There being no other public comment, Vice Chairman Quill closed the public participation portion of the hearing. 4. Vice Chairman Quill asked if there was any submittal on the Ehline property. Staff stated no. When it is submitted, the Commission will. have to review the site plan as well as its compatibility with . the adjoining residences. 5. Commissioner Ladner informed the Commission she had assisted the applicant on obtaining some real estate figures and did not believe this was a conflict. City Attorney Kathy Jenson agreed. 6. It was moved and seconded by Commissioners Daniels/Ladner to adopt Planning Commission Resolution 2004-074, recommending approval of Site Development Permit 2004-813, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, and Vice Chairman Quill. NOES: None. ABSENT: Commissioners Kirk and Krieger . ABSTAIN: None. ' G. Village Use Permit 2004-024; a request of Kristi W. Hanson, Inc. for consideration of architectural plans for a two-story, 6,354 square foot G:\ WPDOCS\PC Minutes\9-28-04.doc 9 Planning Commission Minutes September 28, 2004 commercial building on a 0.40 acre site for the property located at the southwest corner of Desert Club Drive and Calle Barcelona. 1 . Vice Chairman Quill opened the public hearing and asked for the staff report. Associate Planner Martin Magaña presented the information contained in the report a copy of which is on file in the Community Development. Department. 2. Vice Chairman Quill asked if there were any questions of staff. Commissioner Daniels asked if they would have fewer parking spaces in order to maximize the building space and if those parking spaces would be covered. 3. Commissioner Ladner stated she was concerned with the amount of parking being provided. Staff explained the parking issues in the Village. 4. There being no further questions of staff, Vice Chairman Quill asked if the applicant would like to address the Commission. Ms. Kristi Hanson, the applicant, gave a presentation on the project and explained the reason for the 24-foot drive aisle was to have the extra landscaping. They are in the process of coming up with the design for the parking lot. 5. Commissioner Daniels asked why not have a 2~-foot aisle. Ms. Hanson stated the aisle is required to be 26 feet and asked why would they need a wider opening. Staff explained. 6. Vice Chairman Quill asked if there was any other public comment. There being no other public comment, Vice Chairman Quill closed the public participation portion of the hearing. 7. Vice Chairman Quill stated he understands the parking issue but prefers the reduction. He does not mind on-street parking where it is adequate. He really likes the design of the project and he is in favor of granting the concession in parking spaces. 8. It was moved and seconded by Commissioners Ladner/Daniels to adopt Planning Commission Resolution 2004-075, recommending approval of Site Development Permit 2004-072, as recommended. ROLL CALL: AYES: Commissioners Daniels, Ladner, and Vice Chairman G:\ WPDOCS\PC Minutes\9~28-04.doc 10 Planning Commission Minutes September 28, 2004 Quill. NOES: None. ABSENT: Commissioners Kirk and Krieger. ABSTAIN: None. VI. BUSINESS ITEMS: A. Sign Application 2004-794; a request of Image Point for Torre Nissan for consideration of new signs for the existing Torre Nissan auto dealership located at the southeast corner of Highway 111 and Auto Center Drive. 1 . Chairman Kirk asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted the main wall signs are not limited to 40 square feet as stated in the report. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Quill asked if the assumption could be made that if the IITorre Nissanll sign is approved the banner will go away. Staff stated no, the banners are allowed to remain at the discretion of the dealers. 3. Chairman Kirk asked if the sign program approved 40 square feet for the main signs. Staff stated there is no maximum except for height. 4. There be no further questions of staff and no other public comment, the public participation portion was closed and open to Commission discussion. 5. It was moved and seconded by Commissioner Quill/Ladner to adopt Minute Motion 2004-014, approving Sign Application 2004- 794, as recommended. Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. . VIII. COMMISSIONER ITEMS: A. Interim Community Development Director Oscar Orci reviewed the information given to the Commission on temporary tent provisions. G:\WPDOCS\PC Minutes\9-28-04.doc 11 Planning Commissi?n Minutes September 28, 2004 IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Daniels/Quill to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on October 12, 2004, at 7:00 p.m. This meeting of the Planning Commis~ion was adjourned at 8:54 p.m., on September 28, 2004. Respectfully ~:te~ . w~~utive Secretary a Quinta, California G:\WPDOCS\PC Minutes\9-28-04.doc 12