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2005 12 27 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA December 27, 2005 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 Vice Chairman Quill who asked Commissioner Daniels to lead the flag salute. B. Present: Commissioners Ed Alderson, Richard Daniels, Kay Ladner, and Vice Chairman Paul Quill. It was moved and seconded by Commissioners Daniels/Ladner to excuse Chairman Kirk. Unanimously approved. C. Staff present: Community Development Director Doug Evans, City Attorney Kathy Jenson, Planning Manager Les Johnson, Associate Planner Wallace Nesbit, Assistant Planner Jay Wuu, and Executive Secretary Betty Sawyer II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Vice Chairman Quill asked if there were any changes to the Minutes of the December 13, 2005 regular meeting. There being no changes to the minutes, it was moved and seconded by Commissioners Daniels/Alderson to approve the minutes as submitted. V. PUBLIC HEARINGS: None. A. Environmental Assessment 2005-550, General Plan Amendment 2005- 106, Zone Change 2006-126, Specific Plan 83-002, Amendment #5, and Tentative Parcel Map 32752; a request of Ray Shaffer for consideration of: 1) a Negative Declaration of environmental impact; 2) a General Plan Amendment and Zone Change from golf Course to Low Density residential; 3) a Specific Plan to allow the conversion of 2.3 + acres of existing golf course/common area to residential use; and 4) review of a Parcel Map to subdivide 2.3 + acres into three single-family lots, for the G:\WPDOCS\PC Minutes\2005\ 12-27-05PC.doc Planning Commission Minutes December 27, 2005 property located between Weiskopf and Jack Nicklaus Golf Courses, immediately south of PGA Boulevard, within PGA West. 1 . Commissioner Daniels informed the Commission that he belongs to the Master Homeowners' Association (HOA) for PGA West, but not the HOA for this subdivision. He does not believe it is a conflict of interest. 2. Commissioner Ladner declared she has a potential conflict of interest as she insures the Fairways HOA, and left the dais. 3. Vice Chairman Quill asked for the staff report. Planning Manager Les Johnson presented the information contained in the staff report, a copy of which was on file in the Community Development Department. Staff clarified why a condition had been added requiring the Fire Marshal approval and that the applicant had not obtained approval from the HOA. 4. Vice Chairman Quill asked if there were any questions of staff. Commissioner Daniels asked if there was a staff recommendation as to a course of action. Staff stated they have taken a neutral position on the project. There are concerns that this is an established open space area and neighboring properties have grown accustom to the area being open space. Commissioner Daniels asked where the Tee box and green would be relocated. Staff explained based on the conceptual site plan it was proposed outside the proposed lots and stated the applicant would be able to better define the relocation. 5. Commissioner Alderson asked for clarification on the Fire Marshal requirement. Staff explained there needs to be approval from the Fire Department that they have an approved route that provides access to Lot 2. 6. Vice Chairman Quill asked if there was an existing six foot wall along PGA Boulevard. Staff stated yes, there was. Vice Chairman Quill asked clarified currently there is no viewshed looking down into the golf course. Staff stated that was correct. 7. There being no further questions of staff Vice Chairman Quill asked if the applicant would like to address the Commission. Mr. Forrest Haag, representing the applicant, gave a presentation on G:\WPDOCS\PC Minutes\2005\ 12-27-05PC.doc 2 'J Planning Commission Minutes December 27, 2005 the project. In regard to the condition for thè Fire Marshal, a sketch plan has been prepared to show the access to the lots which reflects the Fire Department's minimum requirements. As it relates to the putting green, this area as been redesigned to give players something to do while waiting to play on. 8. Commissioner Daniels asked the applicant to define who owns the property. Mr. Haag identified the property that is owned by the original land developer and the homeowners. Mr. Larry Lichliter, representing the land owner stated this land has been owned by KSL Land Corporation. It was not part of the sale to CNL. The green area is not part of the CNL property holdings. Commissioner Daniels asked why they had not met with the HOA. Mr. Lichliter stated he is the president of the Fairways HOA. The position of the Fairways Board is not to approve or disapprove of a development. The owner of the land has the ability to put the land into the HOA. Commissioner Daniels asked if the Fairways HOA was part of the Master Association and have they been notified on this development. Mr. Ray Shaffer, proposed owner of the property, stated no. Commission Daniels asked if they had submitted the plans to the Fire Department. Mr. Shaffer stated he had met with the Fire Department and asked for their solution to the access. They gave him two copies of the hammer head design that is before the Commission. They have not, however, made application to date to the Fire Department. Commissioner Daniels asked if they have read the letters of objection staff received. Mr. Shaffer stated no he had not seen them but, one of those objecting has a wall at the rear of his property and this development will not block their view. Commissioner Daniels asked the applicant if there would be any long lasting harm in continuing this project to allow the neighbors to be here. Mr. Shaffer stated no. 9. Commissioner Alderson stated he has a problem with the access design. He believes it will be too difficult for emergency vehicles to make the 90-degree turn. Mr. Shaffer stated the Fire Marshal had given him the design. Commissioner Alderson asked if the HOA had anything to do with the golf course. Mr. Lichliter explained there were four HOA which cover different areas within PGA and each has different responsibilities. Commissioner Alderson asked if Lot 1 vacates a storm drain easement and what is physically happening to this easement. Staff explained it was G:\WPDOCS\PC Minutes\2005\ 12-27-05PC.doc 3 Planning Commission Minutes December 27, 2005 their understanding it would remain. Mr. Haag stated it would be slightly rerouted to fall between the two lots. 10. Vice Chairman Quill asked for clarification on the property lines. There are existing private road lots. Is there an existing property that exists along the southerly property line that follows the parcel map. Mr. Lichliter stated that when it was originally designed these lots were not proposed to be built on until PGA West had been developed to see how the lots could be laid out. Vice Chairman Quill asked who owned the land that the access easement will be over. Mr. Lichliter stated KSL Land Corporation and they have stated they will grant the easement. It is not under the jurisdiction of any HOA. Vice Chairman Quill asked how the fire hydrants/water mains would be designed to make it workable. Mr. Haag explained the location of the fire hydrants and how they would gain access to the hydrants. Vice Chairman Quill asked if this property were not adopted by the HOA, what would happen to the land. Mr. Lichliter stated the HOA is required to accept the property. 11 . Commissioner Daniels asked how those playing golf would get to the first tee. Staff indicated the route on the plans. 12. Vice Chairman Quill asked if the existing storm drain was going to be relocated and why was it not proposed on the tentative map. Mr. Haag stated it will be relocated to the east. 13. Commissioner Daniels asked if the cart path were rerouted, would this create a nine foot climb up to the first tee. Mr. Haag stated it could be. Commissioner Daniels noted residents will object to this as it has always been perceived that this is part of the golf course. Mr. Lichliter noted other open space areas that are currently not developed, but will be coming forward due the value of the land. Commissioner Daniels noted that whether or not it is true, the property owners in the area have perceived this area has an open space and will object to the development of the area. 14. There being no further public comment the public participation portion of the hearing was closed and the matter was opened to Commission discussion. G:\WPDOCS\PC Minutes\2005\ 12-27-05PC.doc 4 Planning Commission Minutes December 27, 2005 15. Community Development Director Doug Evans explained that this entire area has been an open space portion of PGA West. It has not been proposed for development prior to this application. The area has always been referred to as open space. Property owners have relied upon what was shown to them. From a public purpose there is no need to develop the site. From a policy standpoint, staff implements the General Plan and the staff recommendation could have been recommended for denial as it does not comply with the General Plan. If the Commission wishes to consider the General Plan Amendment, then the applicant would submit a Specific Plan and Parcel Map to create the three lots that would be reasonable compatible with the adjoining land uses. Staff would then expect to receive public input objecting to the development of the area as the adjoining property owners would be notified. 16. Vice Chairman Quill asked if there were any documents on file that calls this property out as an open space. Staff stated they would need to research the issue. The General Plan controls the underlying use. Vice Chairman Quill asked if the General Plan defines the metes and bounds. Staff stated the area has been defined as it currently is designed with open space. In this case the open space area just happens to follow all of the lot lines, and over the time of development, the area has been defined as open space. 1 7. Commissioner Alderson stated the houses as positioned could be hazardous. The property is not overly landscaped; there is only grass. This development will disturb the serenity of those who live in the area as well as those playing the course. Based on the letters received he would recommend continuing the project. 18. Commissioner Daniels stated he has no objection to the project, but knows it will cause substantial issues with the residents. 19. Vice Chairman Quill stated his issue is the open space. We do not know how this lot was configured and whether or not it was set aside as open space. For this reason he would like to continue the project to better understand how the recorded maps are defined, especially for Lots Land H. 20. Vice Chairman Quill reopened the public hearing. G:\WPDOCS\PC Minutes\2005\ 12-27-05PC.doc 5 Planning Commission Minutes December 27, 2005 21 . It was moved and seconded by Commissioners Daniels/Alderson to continue Environmental Assessment 2005-550, General Plan Amendment 2005-106, Zone Change 2006-126, Specific Plan 83- 002, Amendment #5, and Tentative Parcel Map 32752 project to January 10, 2006, and directed staff to determine how this land was designated and seek information from the HOA regarding the proposed project. Also, direction from the Fire Department as to the general access to the lots. Unanimously approved. Commissioner Ladner rejoined the Commission. B. Site Development Permit 2005-846; a request of Toll Brothers, Inc. for consideration of a residential tract development for seven single-family prototypes, each with two different elevation treatments, and typical landscape design plan for the property located within Tract 30834, on the north side of Avenue 58, ± 1/2 mile west of Madison Street. 1 . Vice Chairman Quill asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 2. Vice Chairman Quill asked if there were any questions of staff. Commissioner Daniels asked if the most sensitive lots in regard to the two-story units were Lots 10-19. Staff stated yes. There are no compatibility sections in the Zoning Code that specifically make any requirements on these lots but, in light of the concerns that were raised when the Puerta Azul project was built, staff is trying to be sensitive to the two-story units adjacent to one-story units. 3. Commissioner Alderson asked if the two-story units were sited on the map. Staff stated there has not been any specific lot siting in regard to the one and two story units. Staff noted these units have been built in other projects and are production units which are not the same as the existing homes. 4. There being no further questions of staff Vice Chairman Quill asked if the applicant would like to address the Commission. Mr. Rick Blackshear, architect for the project, gave a presentation on the project. He stated two-thirds of the units would be single- story. They do intend to build single-story units next to the existing single-story units. On the north boundary, they are G:\WPDOCS\PC Minutes\2005\ 12-27-05PC.doc 6 Planning Commission Minutes December 27, 2005 proposing two two-story units. He went on to note the materials they propose to use on the units. 5. Commissioner Alderson noted the floor plan is an excellent design. He is concerned with these production units being built between the existing units; is there enough room. Mr. Blackshear stated they were plotted with all the setback requirements. Commissioner Alderson asked what was to be developed to the north of Old Ranch Trail. Staff stated it is a nine acre parcel with a four lot custom home subdivision. There is a potential to have five two-story units adjacent to single-story on the adjoining tract. 6. Commissioner Daniels asked what criteria. was used for the placement of two-story units. Staff noted on a tract boundary you cannot have a two story unit built next to a single-story house unless there is a street separating them. Commissioner Daniels asked how committed the applicant was to the two story houses on Lots 14 and 15. Mr. Blackshear stated they could be moved. 7. Vice Chairman Quill asked if the green spaces were already developed. Mr. Blackshear stated yes. Vice Chairman Quill asked if there was any objection to limiting Lots 10-1 9 to one-story. Mr. Stone James, representing Toll Brothers, stated that while the lots are 10,000 square feet, the prior developer designed them in such a manner to create very odd-shaped lots making it very difficult to maximize the house sizes, which their home buyers are requesting. They have 70 lots and seven floor plans to accommodate the lot configuration. 8. Commissioner Daniels asked if the two lots could be exchanged for two other lots so that Lots 10-1 9 were all one-story. Mr. James noted the concerns raised by the PGA residents when Puerta Azul was built, versus what this project will be in regard to the number of units to the acre. 9. Commissioner Ladner asked what the Commissioners concerns were in regard to the two, two-story units on Lots 14 and 15. Vice Chairman Quill stated building mass. Community Development Director Doug Evans explained that if the two-story units looked over the wall on the second story, they will be looking down into the operations of the maintenance facility. Mr. James stated that in regard to relocating the two-story units, they are G:\WPDOCS\PC Minutes\2005\ 12-27-05PC.doc 7 Planning Commission Minutes December 27, 2005 concerned that they may not be able to make the changes as this plan has been challenging due to the lot layouts. 10. Commissioner Ladner asked if the two-story units could be exchanged with Lots 66 and 67. Staff noted those lots have existing homes on them. 11 . There being no further public comment the public participation portion 0 the hearing was closed and the matter was opened to Commission discussion. 12. Commissioner Ladner asked if the original developer had intended to have two-story units. Staff stated yes. 13. Commissioner Daniels stated Lots 10-18, at least should be single- story. 14. Commissioner Alderson stated that if the applicant was agreeable to having Lots 1 4 and 1 5 changed to a single-story, he has no other objections. 15. Vice Chairman Quill asked that Lots 2-9 which have two-story units, be required to notify those homebuyers of what is next door. Community Development Director Doug Evans stated his concern is that once a home owner occupies the home and lives with the facility that can cause noise issues, it will cause code enforcement issues for the City. If the Commission is considering this, a noise analysis should be required. 16. Vice Chairman Quill reopened the public hearing. Mr. James stated the two-story units that face the maintenance facility, the bedrooms are occupied to the front of the house and only the guest quarters face the facility. 17. Commissioner Alderson asked if the applicant would have any objection to moving the four two-story units discussed to a different lot. Mr. Blackstrom stated they would be willing to review the site plan. 18. Vice Chairman Quill closed the public hearing and asked if there was any action by the Commission. G:\WPDOCS\PC Minutes\2005\ 12-27-05PC.doc 8 Planning Commission Minutes December 27, 2005 1 9. It was moved and seconded by Commissioners Daniels/Alderson adopt Minute Motion 2005-01 7 I approving Site Development Permit 2005-846, as recommended and modified: a. Conditions added: none of the two story units shall be allowed on Lots 4-1 8. b. Condition added: a disclosure shall be required on Lots 4-9 in regard to the on-going maintenance facility operations. Unanimously approved. VI. \ BUSINESS ITEMS: A. Sign Application 2005-941; a request of Signtech Electrical for Cingular for consideration of a deviation to an approved Sign Program to permit non-conforming corporate signs for a business for the property located on the north side of Highway 111, within the One-Eleven La Quinta Shopping Center, west of Adams Street. 1 . Vice Chairman Quill asked fòr the staff report. Assistant Planner - Jay Wuu presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 2. Vice Chairman Quill asked if there were any questions of staff. Commissioners asked staff to explain the location of the business. Staff stated it was west of Adams Street, north of Highway 11 '1 . 3. There being no further questions of staff and no public comment, Vice Chairman Quill opened the matter to Commission discussion. 4. It was moved and seconded by Commissioners Daniels/Alderson adopt Minute Motion 2005-01 7, approving Sign Application 2005- 941, as recommended. Unanimously approved. B. Consideration regarding Hookah Bars; a request of City for direction in regard Hookah Bars within the City. 1 . Vice Chairman Quill asked for the staff report. Assistant Planner Jay Wuu presented the information in the staff report, a copy of which is on file in the Community Development Department. G:\WPDOCS\PC Minutes\2005\ 12-27-05PC.doc 9 Planning Commission Minutes December 27, 2005 2. Vice Chairman Quill asked if there were any questions of staff. Commissioner Alderson asked if this had been discussed with the Sheriff's Department. Community Development Director Doug Evans stated their response was that as long as it is lawfully operated, it is not an issue. They do have concerns in regard to age limits and loitering. It could be permitted with a Conditional Use Permit and it should be limited to very restricted areas. The . Commission is not committed to allowing the use. 3. Commissioner Daniels asked how they get past the indoor smoking requirement. Staff noted there are two exceptions; 1) as long as you are the sole owner and employee of the business; and 2) the primary use is tobacco retail and smoking is an' accessory use. Commissioner Daniels asked if a Health Department approval is required. Staff stated it is not required as food is not being serviced. Commissioner Daniels asked if any business could do this. Staff stated they would be regulated by the indoor smoking prohibition. 4. Commissioner Ladner asked if staff had spoken with the City of Rancho Mirage in regard to this use at The River. Staff stated no, and noted the cities they had contacted and how they regulated the use. Currently, staff only knows of one in Palm Springs. Hookah Bars are not in the business to sell, but to provide a service. 5. Commissioner Daniels stated he would have a concern if alcohol were served. 6. Vice Chairman Quill asked if there was any public comment. Mr. Halum Abdo stated he was proposing a Hookah Bar and he did not intend to serve, any alcoholic beverages. 7. Commissioner Alderson asked how the business functions. Mr.. Abdo explained how the Hookah works. Discussion followed regarding the operation. 8. Vice Chairman Quill asked if they would be selling any of the pipes. Mr. Abdo stated they do not intend to sell any products. It is a service business only. G:\WPDOCS\PC Minutes\2005\ 12-27-05PC.doc 10 Planning Commission Minutes December 27, 2005 9. Commissioner Daniels asked if a location had been determined. Mr. Abdo stated next to Kohls Department store within the One Eleven La Quinta Center. 10. Vice Chairman Quill asked if staff had any recommendation based on what information they had obtained from other cities in regard to the exact location, whether or not alcoholic beverages would be allowed. Community Development Director Doug Evans stated that if alcohol were added it would be a completely different use. Staff recommends this use only be allowed in the core of commercial areas. If the Commission were to review operation criteria, staff would have to do a zoning text amendment. 11 . Commissioner Ladner stated that in regard to the five issues raised by staff, the parking and hours of operation should be the same as a Starbucks. 12. Vice Chairman Quill stated that if the Commission determined the úse would be permitted, the specifics would be addressed when applications were submitted. 13. Commissioner Alderson clarified the direction of the Commission was to determine whether or not this would be an allowable use. In his opinion, this use would not get his vote due to the use not being an advantage to the City. 14. Commissioner Daniels asked if a smoke shop would be allowed. Community Development Director Doug Evans stated there is one business and smoke shops have not been regulated. Staff could bring this use back as well. 1 5. Vice Chairman Quill stated he would be inclined to not allow the use. 16. It was moved and seconded by Commissioners Alderson to deny the use. The motion died for a lack of a second. 17. It was moved and seconded by Commissioners Daniels/Ladner to continue this item to the next meeting. The motion carried with Commissioner Alderson voting no. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. G:\WPDOCS\PC Minutes\2005\ 12-27-05PC.doc 11 Planning Commission Minutes December 27, 2005 IX. COMMISSIONER ITEMS: A. Community Development Director Doug Evans informed the Commission that the City Council had determined that a General Plan Amendment to increase the building height for development in the Village would not receive a favorable vote by the Council and directed staff to not proceed. The applicant has withdrawn their application and will resubmit their application in compliance with the Village Design Guidelines. B. Review of City Council meeting of December 20, 2005 was given by Commissioner Daniels. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Daniels/Alderson to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on January 10, 2006. This meeting of the Planning Commission was adjourned at 9: 15 p.m. on December 27, 2005. Respectfully submitted, é/ r</awv Be t . Sawyer, Executive Secretary City of La Quinta, California G:\WPDOCS\PC Minutes\2005\ 12-27-05PC.doc 12